How to do Business Investors' Guide Poland - Polish Agency for ...

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structions, military, defence and security constructions,etc.). He also serves as the instanceof appeal against the decisions of the loweradministrative level.The above bodies supervise and audit thecompliance of projects with the ConstructionLaw. In other words, these bodies ensure thatthe plans envisaged conform with the lawbefore building permission or approval for aconstruction project is issued.Construction formally beginsat the time when the preparatorywork on the constructionsite commences.Construction formally begins at the timewhen the preparatory work on the constructionsite commences (i.e. surveyor’s delimitation,levelling the site, establishment of theconstruction site, including construction oftemporary buildings and connection to theutility network for the needs of the constructionsite). No later than seven days before thestart, the investor is obliged to inform boththe authority that granted the permissionand the supervising architect of the datewhen construction is due to begin. A writtenstatement signed by the construction managerand the investor’s inspector, who assumesresponsibility for managing the buildingprocess, should be attached.The people participating in the buildingprocess are:• the investor;• the investor’s inspector;• the architect;• the construction manager.The functions of the construction managerand the investor’s inspector must be performedby separate individuals.The investor is obliged to inform the appropriateauthority in the event of the replacementof the construction manager, theinvestor’s inspector or the chief architect,specifying the date of the change.Construction supervisors may include a clausein the building permission stating that aftercompletion of the building process, theinvestor must obtain building occupancy permission.In such a case, the investor is obligedto send the notification of completion of theconstruction works to the following authorities:• Environmental Protection Inspection Office;• Sanitary Inspection Office;• State Fire Brigade;• National Labour Inspectorate.The above authorities are given 14 days toregister any objections. If no response isreceived within that time, it is assumed thatthere are no objections.Documents which need to be included in thenotice of completion of the construction are:• the original construction logbook;• a statement by the construction manageron compliance of the construction designswith Polish standards,• regulations and permissions stating that theconstruction site is in a state of order (includingthe street and the neighbouring property,if used);• a statement that bordering areas are properlymanaged, if the use of the buildingrequires this;• reports of examinations and checks;• a post•works survey list;• confirmation of handover of connectors foruse.26
1.9. Employment of workers1.9.1. Labour lawThe objective of Polish labour law is to regulatethe contractual conditions of employment,with special protection of employeerights. This role is fulfilled by the LabourCode, which is the most important legal actgoverning labour in Poland. Every employmentcontract should comply with the provisionsof the Code. In cases where the provisionsset out in an employment contract areless favourable to the employee than thoseof the Code, such provisions are deemedinvalid and are automatically replaced by therelevant provisions of the Code.These rules also apply to sources of labour lawother than an employment contract, namelycollective bargaining agreements and work regulations.Apart from the most important act onlabour issues - the Labour Code, there are manyother regulations in this area (such as the TradeUnions Act).The sources of labour law, other than theLabour Code described below contain a summaryof the characteristics of the work regulationsand collective bargaining agreements,as well as the principles of labour law.Work regulationsThe work regulations set the organisationand order of work, as well as the rights andduties of the employer and employees. Everyemployer is obliged to implement work regulationsunless he employs fewer than 20workers or the issues that are to be dealtwith by the work regulations are already stipulatedin an effective collective bargainingagreement.The most important matters contained in thework regulations are:• the organisation of work and the provisionof tools and materials to employees;• working time;• night-time work;• the time, place and frequency of payingremuneration;• the duties related to occupational safetyand health (OSH);• the list of jobs that youths and women areprohibited from performing.The work regulations are to be adopted bythe employer after consultation with tradeunions. If an agreement is not reached withina specific time and at plants where tradeunions do not operate, the work regulationsare specified by the employer.Collective bargaining agreementsCollective bargaining agreements are a specificsource of labour law. In general, everysuch agreement should set the conditions tobe met by employment relationships. The collectivebargaining agreements should at leastinclude the setting of principles of remuneration.They also include the mutual obligationsof the parties.Collective bargaining agreements are concludedbetween an employer and tradeunions.How to do Business. Investors’ Guide - Poland Establishing and doing business in Poland 27
Page 1: How to doBusinessInvestors’ Guide
Page 5 and 6: Table of ContentsHow to do Business
Page 7 and 8: How to do Business
Page 9 and 10: STEP 6Opening an account at a Polis
Page 11 and 12: 1.2. Corporate entitiesForeign entr
Page 13 and 14: the event of the intentional or neg
Page 15 and 16: sions of the Statute, unless he is
Page 17 and 18: 1.2.10. Representative officeForeig
Page 19 and 20: plants and harvestable materials.Im
Page 21 and 22: The documents required from a joint
Page 23 and 24: foreigner is citizen or company fro
Page 25: • the land has access to a public
Page 29 and 30: A contract of employment should be
Page 31 and 32: 1.9.1.4. Work timeIn general, worki
Page 33 and 34: from the date of submitting the req
Page 35 and 36: A temporary residence permit can be
Page 37 and 38: contributions between the first and
Page 39 and 40: work / provide their services in Po
Page 41 and 42: entity is responsible for the accou
Page 43 and 44: • the Minister of Finance - is re
Page 45 and 46: educed under the applicable DoubleT
Page 47 and 48: case of mergers only the tax losses
Page 49 and 50: Polish law defines three kinds of A
Page 51 and 52: Intrastat declarations must be subm
Page 53 and 54: • expenses incurred by an individ
Page 55 and 56: Furthermore, subject to the transfe
Page 57 and 58: 2.4. Polish trade regulationsOne of
Page 59 and 60: The modification of this scheme is
Page 61 and 62: transactions with them have fewer r
Page 63 and 64: • musical and textual, as well as
Page 65 and 66: Patents are not granted for:• dis
Page 67 and 68: (which may be rebutted) that an ent
Page 69 and 70: y Member States which is incompatib
Page 71 and 72: Judgments of the courts of third co
Page 73 and 74: ceedings documentation in Polish, i
Page 75 and 76: • the amendment envisages the los
Page 77 and 78:
The allowances held by the entity r
Page 79 and 80:
State aid intensity levels by regio
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In case of investments falling unde
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6. Exemptions from local taxesParti
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In Poland
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ut is prone to unpredictable temper
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1.3. Political systemThe Republic o
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• Ministry of Culture and Nationa
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2.1.3. RailwaysThe railway network
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Bitstream Access (BSA), Wholesale L
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• Aster, established by a cable t
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3.3. Other depositsPoland also has
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Poland is famous for aviation produ
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7.1. The National Bank of PolandThe
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The Warsaw Stock Exchange’s Super
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9. Education9.1. The education syst
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versity higher vocational school (w
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Roughly 40 foreign investors have l
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10.2. UnemploymentAccording to offi
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GDP growth in 1990-2007 (%)1052.63.
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11.3. Foreign tradeAccording to the
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11.4.1. Labour costsSince 2001, sal
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Defined for annual consumption of 4
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in 2004-2006, while payments could
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82% of this sum goes towards the“
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State to work in another Member Sta
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of the transition period (2004). Th
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support in improving governance and
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of investors. Databases of foreign
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Secretariat:tel. +48 42 663 30 57ht
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Warmiƒsko-Mazurskie VoivodeshipWar
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Investor name Country Country Activ
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International Preschoolul. Zawrat 1
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About Wardynski & PartnersWardyƒsk
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The Polish Information and Foreign
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