TGC Corporate Lawyers Legal review – October 2022

October legislative changes and interesting decisions prepared by TGC Corporate Lawyers.

1. The Ombudsman agreed with the postulate regarding the right to rest for people employed under a civil law contract

The Human Rights Defender (Ombudsman) shared the position of trade unionists who called for the introduction of statutory protection of the right to rest in civil law employment at a level similar to that guaranteed for an employee.

The Commissioner for Human Rights also stated that “a violation (…) of the right to rest in the case of employment under a civil law contract is the lack of legal protection of such an individual who has no real possibility of shaping the content of the obligation to work, and at the same time for whom civil law employment is the only available source of income.” In connection with the above, the Commissioner for Human Rights asked the minister of family and social policy to take appropriate measures in this regard.

2. The unfavorable provisions of the fiscal penal code will not come into force

The planned amendment to the fiscal penal code assumed that even after the expiry of the 5-year limitation period, fiscal offenses could be punished by the courts. The draft of changes also assumed limiting the possibility of submitting active regrets. However, these provisions will not come into force yet.

3. The new regulations are to facilitate the submission of documents and applications to the National Court Register (KRS)

The draft amendment facilitating the submission of documents to the National Court Register results from the need to adapt Polish regulations to the regulations resulting from European directives regarding the adaptation of digital tools and processes in company law.

The new regulations introduce such facilities as making new language versions of documents, applications and information about the register available to as many foreign-language users as possible. The amendment also provides for the extension of the scope of data to be made available through the registers by the European identifier and the designation of the European Union country in which a given branch of the company is registered.

4. Restoration of the obligation to perform periodic medical examinations by employees

The obligation to perform periodic examinations of the employee was suspended during a pandemic and epidemic emergency in accordance with the provisions of the Act on special solutions related to the prevention and combating of COVID-19, other infectious diseases and crisis situations caused by them. Initially, the regulations indicated that the periodic examination should be performed within 60 days after the epidemic threat was canceled, but later this period was extended to 180 days. Currently, a draft act has appeared on the website of the Sejm to amend the provisions which provide for the reinstatement of the obligation to perform periodic examinations within the time limits specified in the Labor Code.

Events:

• Webinar: 17.11.2022 Amendments to Commercial Companies Code – new management board memebers regulations – agenda and registration
• Webinar: Amendments to Commercial Companies Code – holding law – watch the recording

Legal services – see how we can help: