changes in law

Can shops operate on 12 November 2018?

The President of Poland signed a law establishing 12 November 2018 a public holiday. It has only a few articles and deals with an individual case, and yet it gives rise to a discussion as whether 12 November 2018 is covered by trade restrictions. Despite an opposite position of the National Labour Inspectorate and the Ministry of Family, Labour and Social Policy, it seems that shops may be opened if retail staff is employed on the basis of civil law contracts, works in shifts or there are other exceptions to the work ban on non-working days as specified in Art. 151[10] of the Labour Code.

Costly parting of the ways with the Polish tax authorities: Tax on income from unrealised gains

A tax amendment is lying on the Polish President’s desk. It will introduce, among other things, a tax on income from unrealised gains. As announced, the regulations should enter into force at the beginning of 2019.

Can new regulations limit the possibility of resigning from a company’s management board?

A bill currently being processed by the Sejm significantly limits the right of a management board member to resign from office at any time.

Relief for energy-intensive businesses, other businesses under strain

The Ministry of Energy has published a draft amendment to the regulation on tariffs reducing the burden of the qualitative fee on some “large” industrial customers.

Changes in access to public procurement

The Public Procurement Law regulates the method of eliminating contractors who do not meet the requirements for such things as integrity (no criminal convictions). The sanction of exclusion from a tender may be imposed on a contractor not for acts committed by the entity, but for acts committed in relation to the activity of a collective entity by natural persons acting on its behalf or in its interest.

Further amendments on financial statements

As of 1 October 2018, companies will no longer prepare paper financial statements. After more than six months of implementation of the new regulations, we can make an initial assessment of their application in practice.