The concept of overtime is widely known, yet settling it correctly still poses a challenge for many employers. The Polish Labour Code clearly distinguishes between two types of overtime work, each of which is subject to separate rules. Therefore, before an employer begins to settle overtime, they must know which type they are dealing with.
read moreHolding members of the management board of a limited liability company (sp. z o.o.) liable under Article 299 of the Polish Commercial Companies Code (KSH) requires proof that enforcement against the company has been unsuccessful. This does not always mean, however, that the creditor must obtain a bailiff’s decision confirming the failure of enforcement against the company in order to trigger the Article 299 procedure. Nor does it most often mean that the mere absence of a management board is enough, on that basis alone, to sue a former board member without first going through enforcement against the company itself. So where should one start when a company has no management board but does have creditors?
read moreHolding a final and binding judgment against a company that has been struck off the KRS does not necessarily mean losing the chance to recover a debt. Contrary to appearances, being struck off the KRS register is not always tantamount to the entity ceasing to exist altogether. Often, such information merely means that the entity continues its operations, but in a different legal form (i.e., it has been transformed). In such a situation, enforcement can be just as effective.
read moreAlthough a company’s Articles of Association are essential for its incorporation, they often fail to address issues that arise once the business begins to grow. Disputes between shareholders, the departure of one of the company’s founders, or actions by a shareholder that are detrimental to the company are all situations in which a well-drafted Shareholders’ Agreement (SHA) can save months of costly disputes.
A Shareholders’ Agreement is not a mandatory document. However, it is worth considering alongside the company’s articles of association, particularly in high-growth companies, businesses where one or two shareholders (or management board members) play a key role, or companies with a significant imbalance in share ownership between shareholders.
EU Directive 2023/970 obligates member states to adapt regulations regarding pay transparency in the workplace to EU standards. Its goal is to eliminate the gender pay gap and strengthen the application of the principle of equal pay by increasing wage transparency and improving mechanisms for enforcing employees’ rights. These are not just fine-sounding slogans – employers will face real obligations. Some of the changes introduced will require long-term preparation.
read moreWhen designing labels for cosmetic products, one must primarily keep in mind the binding legal regulations that strictly define the content of information that must be included on the label. The rules for labeling cosmetic products are regulated by EU Regulation 1223/2009. This regulation provides detailed guidelines regarding the appearance of cosmetic labels. This is intended to ensure a high level of consumer protection, including health protection.
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