A foreigner receives a better job offer but holds a residence card issued “for” their current employer. Can they simply hand in their notice and move to the new company? We hear this question at our law firm very often, both from foreigners themselves and from employers who want to hire them. The answer depends on the basis on which the residence card was issued. A change of employer may require no formalities at all, it may require an amendment to the permit, or it may require obtaining a new one. We explain how to tell which applies and which deadlines must not be missed.
read moreThe 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 moreFor years, a B2B contract was a convenient solution for companies employing foreign nationals — it reduced formalities and costs, and the risk that such a contract might one day be reclassified as an employment relationship felt remote, since it required a lengthy court process. This state of affairs came to an end on 8 July 2026, when the Act of 11 March 2026 amending the Act on the National Labour Inspectorate entered into force. For employers “employing” foreign nationals on a B2B basis, this means a risk that extends beyond labour law alone — it also affects the very basis on which the foreign national legally resides and works in Poland.
read moreThe assets of a limited liability company (sp. z o.o.) are legally separate from the assets of its shareholders. Funds cannot simply be withdrawn from the company’s account at any time or in any amount. The law does, however, provide several legal routes for transferring money to a shareholder — and the right method depends on whether it concerns regular remuneration or a one-off distribution of profit.
read moreFor years, civil-law contracts were a safe alternative to an employment contract. Even if a labour inspector noticed during an inspection that a working relationship looked, in practice, like ordinary employment, the most they could do was refer the case to court. The process could take years, giving the company time to find the best way to resolve the situation. This state of affairs came to an end on 8 July 2026, when the Act of 11 March 2026 amending the Act on the National Labour Inspectorate entered into force. As of that date, it is the employer who must defend itself against an administrative decision that the inspector can issue on their own, converting a contract of mandate or a B2B contract into an employment contract.
read moreSince 2016, Attorney Daria Milewska has been listed among the French-speaking lawyers at the Embassy of France in Poland, and since 2025 attorney-at-law Maria Czechowska-Kowalczyk has also been listed therein. This recognition confirms the expertise of MILEWSKA Legal in providing legal services to French-speaking clients.
