Milewska Legal

Articles: Daria Milewska

Obligations of cosmetic products distributor

Are you a distributor of cosmetic products? You also bear specific responsibilities regarding product labeling!
It might seem that the manufacturer is fully responsible for a product’s appearance, its name, and the markings displayed on its packaging. In reality, the matter is much more complex. Of course, the manufacturer determines the product’s aesthetic qualities and properties. However, when it comes to the information included on the label, the distributor must exercise heightened diligence.
EU law imposes specific “due diligence” obligations on distributors when placing cosmetic products on the market, and failure to comply may lead to serious consequences.

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Employer of Record (EOR) – is this model regulated in Poland?

The Employer of Record (EOR) model is gaining popularity in Poland alongside the growth of remote work and the globalization of employment. Increasingly, foreign companies want to hire specialists in Poland without the need to establish a company or branch of a foreign entity here. Using the EOR model makes it possible to formally employ a worker through another entity while still benefiting from the results of that person’s work.
What exactly is an Employer of Record (EOR)? Is the EOR model regulated in any way in Poland? What risks and obligations are associated with EOR employment?

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Anti-Deadlock Clause in a Limited Liability Company Agreement

In some limited liability companies (sp. z o.o.), shareholders decide to divide the shares equally. A classic example is a company with two shareholders, each holding 50% of the shares. In such cases, a so-called deadlock may arise, i.e. a decision-making stalemate within the company. The shareholders are then unable to adopt a resolution, most often due to an equal split of votes (one shareholder votes “in favor” and the other “against,” with each vote carrying the same weight).

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Limitation period – after how long does a debt become “time-barred”?

In business transactions, it’s easy to fall into the trap of thinking that a signed contract or issued invoice fully secures your interests. In reality, civil law works differently – most claims have their own “expiry date.” The limitation period is one of those legal concepts that seems straightforward at first glance, yet in practice raises many doubts. This leads to questions such as: does every invoice really have a lifespan of 3 or 6 years? When does the limitation period begin? Can its running be interrupted? And why can a simple request to pay in instalments sometimes reset the entire process?

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How to secure payment for project completion or delivery of goods?

Do you design logos, create websites, or write computer programs? Do you spend at least a dozen hours on a project, send the finished design along with an invoice, and not get paid? What legal mechanisms included in the contract can increase your chances of getting paid for your work? And do all the ways of securing payment actually stem directly from the regulations?

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Forms of contracts – does every contract have to be in writing?

We are probably unaware that each of us enters into dozens of contracts every day (when shopping, traveling by public transport, or taking a jacket to the dry cleaner’s). The vast majority of these are verbal agreements. Are such agreements legally binding? When is it necessary to conclude a written agreement? And when should we resort to an even “higher” form of agreement, such as a notarial deed?

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