Milewska Legal

Articles: Maria Czechowska

Forms of activity carried out by a foreigner in Poland

Year after year, the Polish market is becoming increasingly open to foreign investors. It is therefore useful to know what forms of business activity are permitted for foreigners in Poland and what particular issues require attention. Limited liability company, joint-stock company, or sole proprietorship? Or perhaps an association or foundation?

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Employment relationship – what characterizes it?

An employment contract is one of the basic forms of employment in Poland. What distinguishes it from other “employment contracts” (e.g., commission contracts or B2B contracts) is that it is subject to the regulations contained in the Labor Code regarding the rights and obligations of the employee and the employer. So what are the characteristics of a contractual employment relationship?

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Dismissal of a liquidator in a limited liability company

One might think that a liquidator acts solely for the benefit of the company and all its shareholders, but nothing could be further from the truth. Sometimes, a liquidator is unreliable and acts solely to protect the interests of one of the shareholders. Is there a remedy for this? Fortunately, yes. The shareholders themselves can take action, and if they cannot agree among themselves, the Commercial Companies Code provides for the possibility of dismissing an unreliable liquidator through the courts.

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Termination of a fixed-term employment contract

The defining feature of a fixed-term employment contract is its term nature. Thus, already in the contract the parties specify the date of both the beginning and end of the employment relationship. After a certain period of time, the contract is self-terminating, without the need for either party to terminate it. As a rule, therefore, the intention of the parties should be to engage the employee for a strictly defined period of time, without the possibility of early termination.

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How to correctly and effectively fill out a Type C work permit application?

Currently, we can observe in Poland a much larger influx of foreign workers than before. Some of them are, of course, people who come to our country initially for purely tourist reasons and then look for work on their own, but more and more often the employees providing work on Polish territory are those who have been delegated by foreign companies with branches in Poland or otherwise cooperating with Polish companies. Thus, the very fact of secondment is evidence of the transfer of an employee by a foreign company to temporarily provide work for an entrepreneur based in Poland.

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Do the company’s financial statements have to be signed by all board members?

The Accounting Law imposes an obligation on the entities designated therein (among others, commercial companies) to prepare annual financial statements. Until now, the issue of signing such a report did not raise major questions – the report had to be signed by all members of the entity’s governing body and by the person keeping the entity’s books, i.e. the accountant. However, as a result of amendments to the Accounting Law, from January 1, 2022, the possibility of signing the financial statements by one member of a multi-member body was introduced.

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