Publication date: 08.07.2024
Polish labor law: what is important to know when setting up a joint venture
Justification of the importance of the topic for solving current problems of clients from Ukraine
Establishing joint ventures (JVs) in Poland is becoming increasingly relevant for Ukrainian businessmen. In the context of economic instability and military actions in Ukraine, many entrepreneurs are looking for opportunities to develop their business abroad. Poland is an attractive destination due to its geographical location, developed economy and relatively favorable business environment.
However, for a successful operation of a joint venture in Poland, it is necessary to know and comply with the local labor laws. Failure to comply with labor laws can lead to serious consequences, including fines, lawsuits and loss of reputation. Legal Marketplace Consultant LLC provides comprehensive services for Ukrainian entrepreneurs wishing to establish and effectively manage a joint venture in Poland, ensuring compliance with all legal requirements.
The main part of the service
1. Selection of the optimal legal form of the company and employment contracts
1.1 Analysis of the situation by a lawyer
A client who wanted to start a business in Poland asked us to determine the optimal legal form of the company and to draft employment contracts for employees. After analyzing the situation, the lawyer determined that Spółka z ograniczoną odpowiedzialnością (LLC) is the most suitable form for small and medium-sized businesses. The lawyer drafted sample employment agreements, taking into account all the requirements of Polish labor law.
1.2 Legal opinion on the situation
The lawyer prepared a legal opinion on the situation, in which he described in detail the requirements for employment agreements, including working conditions, rights and obligations of employees, salary, social guarantees and other important aspects. The client received a clear understanding of how to properly formalize labor relations with employees.
2. Establishment of a joint venture and employment of employees
2.1 Analysis of the situation by the lawyer
Another client, who already had a business in Ukraine, decided to open a joint venture in Poland and hire local employees. For this purpose, our lawyer conducted a situation analysis by an attorney and proposed to set up a Spółkę komandytową (Limited Liability Partnership), where he would be a limited partner and the Polish partner would be a general partner. The lawyer also drafted all the necessary documents for the employment of employees.
2.2 Legal analysis of the situation
The lawyer prepared a legal analysis of the situation, which described all the legal aspects of establishing a limited partnership and registering employees. This allowed the client to understand all the legal risks and benefits of this form of cooperation, as well as to properly formalize labor relations with employees.
3. Preparation of documents and obtaining work permits
3.1 Legal opinion
The third client contacted us with a question regarding the execution of all necessary documents for setting up a Spółka z o.o. and obtaining work permits for foreign employees. The lawyer prepared a legal opinion, which described in detail the procedure for drafting the articles of association, registering the company and obtaining work permits.
3.2 Written legal advice
This client received a written legal consultation, during which he received clear instructions and sample documents for obtaining work permits for foreign employees. This allowed to avoid mistakes and quickly register the company and employ employees.
4. Resolving tax issues related to employment
4.1 Writing a lawyer's request
The fourth client faced tax issues related to the employment of employees after starting his business. To solve this problem, our lawyer prepared a lawyer 's request to the tax inspection to obtain official clarifications on the taxation of employees' salaries.
4.2 Lawyer's request
After receiving a response to the attorney's request, the client understood what taxes he needed to pay, how to keep proper accounting records, and what documents he needed to submit to the tax authorities regarding his employees. This helped to avoid tax problems and ensure that the company's activities complied with the law.
5. Support and advice on labor relations
5.1 Legal analysis of the situation
The fifth client needed ongoing support and advice on labor relations in Poland. The lawyer conducted a legal analysis of the situation of his company, provided recommendations on optimizing labor processes and preventing legal risks.
5.2 Legal opinion
The Client regularly received a legal opinion on various legal aspects of labor relations, which helped him to avoid many problems and successfully develop his business in Poland, ensuring compliance with labor legislation.
6. Written legal advice
6.1 Written legal advice
One of our clients, who was just planning to start a business, ordered a written legal advice from us. This consultation described in detail all the necessary steps for starting a business and hiring employees, legal requirements and possible risks.
6.2 Written legal advice
Based on this consultation, the client also received written legal advice on choosing the optimal legal form of the enterprise and further actions for a successful start and employment of employees.
7. Online legal consultation
7.1 Online legal advice
For clients who were unable to meet with a lawyer in person, we offered online legal advice. One of these clients received detailed answers to his questions about starting a business and employing employees in Poland, which helped him make the right decisions quickly.
7.2 Online legal consultation
During the online legal consultation, the client also received instructions on how to prepare the necessary documents and contacts for further cooperation, which allowed him to quickly start a business and employ employees.
8. Online legal advice
8.1 Online legal advice
A client who already had a business in Poland sought online legal advice to resolve a conflict with his employees. The lawyer provided detailed advice on the legal aspects of conflict resolution, which allowed the client to successfully resolve the problem without involving the court.
8.2 Lawyer's opinion
After providing legal advice, the client received a lawyer's opinion, which described all the legal steps to be taken to protect his interests and resolve the conflict with employees.
Conclusion.
Polish labor law is complex and multifaceted, requiring in-depth knowledge and understanding from entrepreneurs. Timely access to professional lawyers and attorneys helps to avoid many problems and ensure successful business development. Legal Marketplace Consultant LLC provides comprehensive support to its clients, offering high-quality services in analyzing the situation, preparing documents, consulting and representing interests in legal matters. This allows Ukrainian entrepreneurs to successfully conduct business in Poland, complying with all the requirements of labor legislation.
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