TGC Corporate Lawyers Legal review – February 2023

Changes in regulations and interesting decisions — February 2023. Review prepared by TGC Corporate Lawyers.

1. New provisions of the Criminal Code

The amendment to the Criminal Code enacted at the end of 2022, comes into force at the beginning of March 2023. The changes include tougher penalties for the most serious crimes and flexible penalties, i.e. up to 30 years of imprisonment and absolute life imprisonment. The amendment also introduces the possibility of confiscating cars of drunk drivers with at least 1.5% blood alcohol content (BAC). The penalty is imposed regardless of whether the person has caused a traffic accident. Vehicles will also be confiscated from drivers who repeatedly commit the offence of driving under the influence (with BAC at or over 0.5%) if they have caused a traffic accident. 

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2. Another amendment to the Labour Code

At the beginning of February, the Sejm adopted further amendments to the Labour Code related to the EU Work-life Balance Directive. The changes introduce, amongst other things, improved standards for parental leave, additional days of carer’s leave and the force majeure leave. In addition, the scope of information on the terms of employment that the employer must provide to the employee will be extended.

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3. Switching teleworking to remote work

On 7 April, 2023, the regulations on teleworking will disappear from the Labour Code. From that moment, the provisions on remote work, introduced to the Polish legal order by the last amendment, will apply. According to the amendment, teleworking may be used for no longer than six months from the date of entry into force of the act.

What obligations do employers have to fulfil in connection with the implementation of remote work?

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4. New National Accounting Standard

For the financial statements for the year 2023, the new National Accounting Standard for “Revenue from the sale of goods, semi-finished products, goods and materials” will apply.

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5. Change of financing rules for limited liability companies

In connection with the entry into force of the Act on Crowdfunding for Business Ventures and Assistance to Borrowers of 7 July 2022, the rules of financing of limited liability companies, within the meaning of the Commercial Companies Code, will change. The new regulations will enter into force on 10 November 2023.

Limited liability companies will no longer be able to make purchase offers or offers to take up new shares in a company to an unspecified addressee. It will also be prohibited to promote the acquisition and take up of new shares by advertising or any other form of promotion addressed to an unspecified addressee. A person submitting an offer to acquire shares in a limited liability company in the manner specified above will be subject to a fine, a penalty of limitation of liberty or imprisonment of up to 6 months.

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