Poland, Sołtysiński Kawecki & Szlęzak updates

Employment & Immigration

Contributed by Sołtysiński Kawecki & Szlęzak
COVID-19 legislation's impact on employee programmes
  • Poland
  • 22 July 2020

The COVID-19 pandemic has resulted in certain changes to Polish law which affect selected financial aspects of the employee ownership programmes implemented in Poland by foreign companies. The pertinent changes involve the local labour law regulations which govern salary deductions for the purpose of covering the subscription price of the financial instruments offered to local employees who participate in such programmes.

Anti-crisis shield updates
  • Poland
  • 15 July 2020

In response to the COVID-19 pandemic, the government introduced a package of measures known as the 'anti-crisis shield'. This article summarises the employment-related measures offered under the different versions of the anti-crisis shield relief packages, covering topics such as exemptions from social security contributions, downtime relief payments and reduced working time.

COVID-19: anti-crisis shield updates
  • Poland
  • 27 May 2020

In response to the COVID-19 pandemic, the government introduced a package of measures – the so-called 'anti-crisis shield'. This article summarises the employment-related measures offered under the different versions of the anti-crisis shield relief packages covering topics such as exemptions from social security contributions, downtime relief payment and reduced working time.

National Labour Inspectorate announces 2020 inspection plan
  • Poland
  • 08 April 2020

The National Labour Inspectorate (NLI) has announced its inspection plan for 2020, which includes undertaking 72,000 inspections. The NLI's inspection priorities include limiting violations of working time regulations and reducing the level of fraud in the conclusion of civil law contracts with regard to conditions which are specific to employment relationships.

Anti-crisis shield in response to COVID-19: review of proposed changes
  • Poland
  • 01 April 2020

The president and prime minister have announced a Zl212 billion package of measures – the so-called 'anti-crisis shield' – to protect businesses and employees against the adverse economic effects of the coronavirus pandemic. This article provides an overview of the proposed changes to labour law presented as part of the initial version of the anti-crisis shield.


Intellectual Property

Contributed by Sołtysiński Kawecki & Szlęzak
New approach to trade secret infringement by former employees
  • Poland
  • 25 May 2020

A recent Supreme Court judgment explains the scope and methods of protection by entrepreneurs against the unauthorised disclosure of trade secrets by former employees. In addition, it distinguishes the possibility of a violation of someone's trade secrets by the same person, acting as an employee or unauthorised person, depending on whether said person has obtained information constituting a trade secret within or outside the employment relationship.

Supreme Court judgment on copyright of deceased artist
  • Poland
  • 21 October 2019

The Supreme Court recently issued a notable judgment concerning the work of a deceased artist and the alleged infringement of his moral copyright. The decision underlines that it is difficult to limit the activities of people who have been gifted the work of an artist even after the artist's death, especially in the case of a close personal relationship between the artist and the beneficiaries.

Constitutional Tribunal deems information claim mechanism unconstitutional
  • Poland
  • 18 February 2019

The Constitutional Tribunal recently found that the information claim mechanism provided for in the Industrial Property Law does not comply with the Constitution. Following the tribunal's ruling, the scope of the legal mechanisms to obtain information to determine the scale of an IP infringement has been reduced. However, the decision also makes it possible to protect entrepreneurs from the unjustified and unnecessary disclosure of business secrets.

The Witcher author uses 'bestseller clause' to request additional remuneration
  • Poland
  • 19 November 2018

Andrzej Sapkowski, a well-known Polish writer and author of The Witcher fantasy saga, recently requested additional remuneration of at least Z60 million from CD Projekt for a video game based on his work. Following the game's worldwide success, Sapkowski claimed under Article 44 of the Copyright Act that the remuneration granted to him was too low relative to the benefits derived from the exploitation of his work.

Audiovisual works and problems with copyright law
  • Poland
  • 17 September 2018

The Copyright Law provides no legal definition of what constitutes an 'audiovisual work', which has resulted in problems regarding the remuneration of authors and the role of collective management organisations in this context. The practical issues concerning remuneration for the use of audiovisual works underline the need to amend the Copyright Law, as the existing legislative gaps cannot be resolved by case law alone.


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