Milewska Legal


Risk of conversion of a B2B contract into an Employment Agreement

Employers take varied measures in order to mitigate costs of employment and eliminate a part of their responsibilities. Some of them, instead of classic employment contract, conclude so-called B2B agreements with job applicants. Others decide to change the method of “employment” after it commences – they decide to change from employment contract to B2B contract. However, concluding B2B contracts can result in some particular kind of risk.

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Do foreigners have the right to set up and carry out a business in Poland?

Foreigners who are temporary or permanent residents of Poland often reach out to us with questions concerning freedom of setting out a business in Poland (in a form of a company, a partnership or a sole tradership). Our most frequent response is typical for a lawyer – that the answer to this question depends on specific situation.
Citizenship of a foreigner is the essential point in determining whether and in which form a they can carry out a business in Poland.

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Non-competition clause in civil law agreements

The non-competition clause is widely applied to employment agreements (both during their term and, above all, after termination of employment). The non-competition clause after the termination of the employment agreement is strictly linked with the obligation of paying the employee a compensation for refraining from competitive activity in the amount of at least 25% of his salary. This minimum level of employee protection is guaranteed by the Labour Code.

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B2B agreements in the IT sector

The experience of our law firm shows that the IT sector is one of the most frequently using B2B contracts in relations between the “employing” entity and the developer. This type of agreement has also been used more and more frequently by foreign entities, which are looking for qualified IT staff in Poland. What are the characteristics of B2B agreements in the IT sector and why are they so popular particularly in this field of activity?

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Central Register of Beneficial Owners (CRBO)

Central Register of Beneficial Owners (CRBO) is an electronic register made in order to gather data concerning natural persons who are ultimate beneficial owners of a company or a partnership. Its main purpose is to deter money loundering and financing terrorism. In order to gain access to the register or to apply for the register, you have to visit the website:

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Contractual and statutory warranty – similarities and differences

Not everyone knows that Polish system differentiates between contractual warranty and statutory warranty. They are two diverse instruments, yet used in relatively similar situations. Even less people are aware of the exact differences between them. What are the differences and what are the similarities between contractual and statutory warranty?

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