Archive
Intellectual Property administered properly on an international basis…
Baker Tilly Poland’s consulting division, teamed up with specialist lawyers in the IP area is now offering a service of outsourced administration of your IP rights – it’s based on a meeting at which they analyse all the possible identifiable rights that have value in your organisation or enterprise and ensure that the protection of them is properly organised – from registering trademarks and preparing patent registrations in a range of international jurisdictions though to ensuring that you get a good deal on pursuing those who infringe your rights. For more details write to Tomasz Ataman on tataman@bakertilly.pl
Polish Legal Alert: Annual General Meeting (AGM) for 2011; Mandatory Filing of a Company’s Annual Accounts with the Company’s Court of Registration (“KRS”)
Our friends in TGC Corporate Lawyers sent this briefing regarding Poland in. The usual caveats apply (see the caveats section of this blog)
Dear Quoracy.com subscribers,Statutory Filings of a Company’s Annual Accounts with the Company’s Court of Registration (“KRS”) and Tax Office for 2011You may be aware that a Polish company’s management board is required to convene an annual general meeting of shareholders (“AGM”) within six months from the end of the company’s financial year. If the financial year of your company ended on 31 December 2011, the deadline for submitting your Corporate Income Tax Declaration (CIT-8) with the tax office expired on 31 March 2012 and the deadline for holding your AGM is 30 June 2012.1. AGM DocumentationThe documentation for the AGM includes:
- Financial statements;
- Directors’ report on the activities of the company for the financial year, which is subject to approval by the shareholders of the company;
- Supervisory board report (if applicable);
- Minutes of a meeting of the management board;
- Minutes of a meeting of the supervisory board (if applicable);
- Minutes of the AGM; and
- Application to the KRS for registration of the filing of the company’s annual accounts.
2. Audit Requirements
Do you need an audit? The requirements for an audit are as follows:
- Banks, insurance companies, and joint stock companies (S.A.) are all required to have an annual audit.
- Limited liability companies (sp. z o.o.) are required to have an audit for 2011 if they exceeded two or more of the following criteria at 31 December 2010:
- The average number of persons employed for the year was 50 or more;
- Total assets at the end of the financial year were 2.5 million euro or more; or
- Net sales plus financial income for the financial year were 5 million euro or more.
If your company had an audit carried out, the financial statements must be published in the gazette “Monitor Polski B”.
3. Notifying the Company’s Court of Registration
Within fifteen days after the AGM is held, the company’s management board must file the annual accounts, the directors’ report, and the AGM minutes, with the KRS.
4. Notifying the Relevant Tax Office
The AGM minutes must also be filed with the tax office handling the tax matters of the company within ten days of the AGM being held.
5. Next steps
If you wish to receive any further information on this matter or a cost estimate, or require any assistance in relation to your AGM, please contact:
Anna Dzieciątkowska
Director, Head of Company Department
Tel.: +48 22 295 33 45
Email: adzieciatkowska
James Yrkoski
Partner, Company Department
Tel: +48 22 295 33 00
Email: jyrkoski
TGC Corporate Lawyers
ul. Hrubieszowska 2
01-209 Warsaw, Poland
T: +48 22 295 33 00
F: +48 22 295 33 01
E: tgc
Related articles
- Humble pie is on the menu with the AGM sandwiches (thisislondon.co.uk)
- Annual General Meetings of PR Agencies (vikypedia.in)
Holiday leave during a stoppage – TGC Poland Legal Alert
TGC Corporate Lawyers in Poland sent us the following legal alert
Dear Quoracy.com SubscribersDue to a decrease in the amount of work, technical interruptions, or weather conditions, employers sometimes have to announce a work stoppage. Under Polish labour law, a “stoppage” means an unplanned and temporary interruption of work, with employees being ready to work, resulting from disruptions in the functioning of the company. Of course, employees are entitled to remuneration for this time.In some companies, stoppages are a part of the regular work schedule (e.g. decreased workload during the period of summer holidays or bank holidays, temporary repairs) and are planned in advance (e.g. included in the Work Regulations). In this situation the question arises, whether the planned work break should be treated as a stoppage or normal holiday leave for all or part of the employees? In general, an employer may not demand that employees take holiday leave during an unplanned work stoppage. However, if a stoppage during Christmas or summer holidays is planned by the employer at the beginning of the calendar year, it is possible to include the stoppage in the holiday planner.
Contact
If you need any further information on these matters or individual legal advice, please contact our experts:
Agnieszka Janowska
Director of Labour Law Department
Tel.: +48 22 295 33 30
Email: ajanowskaAlicja Biernat
Lawyer, Labour Law Department
T: +48 22 295 33 29
E: abiernatTGC Corporate Lawyers
ul. Hrubieszowska 2
01-209 Warsaw, Poland
T: +48 22 295 33 00
F: +48 22 295 33 01
E: tgc
W: http://www.tgc.eu
Related articles
- Rio Tinto locks out 800 workers at its Alma smelter in Quebec (theglobeandmail.com)
- First Contract Arbitration comes to Nova Scotia (conversationsonwork.wordpress.com)
- Bodog odds say NHL work stoppage unlikely (prohockeytalk.nbcsports.com)
Motivating employees during the economic slowdown and recovery – TGC Legal Alert
TGC have sent the following Legal Alert
Dear Quoracy.com subscribers,
In recent weeks two business breakfasts were held about additional employee benefits and latest trends in non-cash motivation. Both meetings were met with enormous interest from our clients and key issues were the subject of heated debate. The meetings were led by TGC Group experts in HR management, labour law and taxes. We have set out below a summary of the main topics of discussion. In case of you are interest in these subjects, we will organise the next meetings in our new, much larger conference centre at ul. Hrubieszowska 2.
Revival on the labour market
The Polish economy has not been affected too much by the global economic crisis. During the second half of 2010 companies recruited more staff than a year ago, and from the beginning of 2011 the amount of job vacancies in recruitment portals have gradually increased. According to various research, half of Polish employees plan to change jobs in 2011. Mostly these will be the best qualified and mobile people: mid-level professionals and managers.
During the economic slowdown people looking for new jobs are motivated by the fear of job loss due to economic problems of their current employer. However, during the market recovery employees are determined to improve their situation by achieving a higher salary or position. There is also higher pressure for salary raises or increase of non-cash benefits, as in 2008/2009 a large number of employers reduced benefits and cut labour costs.
The most popular non-cash benefits
The ranking of the most popular non-cash benefits in Poland has not changed for many years:
- Mobile phone
- Private medical care
- Laptop
- Free sport and recreation (swimming pool, gym, etc.)
- Subsidy of training costs
- Additional insurance
- Company car
- Additional pension plan
In the opinion of employees the most attractive benefits are currently various forms of subsidising training and professional development. More and more employers see training not as a cost but as a long-term investment in company development.
After the amendment of the Labour Code provisions on developing professional qualifications of employees, which entered into force on 16 July 2010, it is in the interest of employers to regulate in writing any situation where professional training of an employee is supported. This way in future there can be no doubt as to whether there is implied consent of the employer to incur costs and to provide time off for training. Also, the employee’s obligation to reimburse the costs of education in case of termination of employment should be regulated in writing.
Tailor-made motivation systems
The essence of the motivation is to find such resources and solutions to properly hit the individual needs and expectations of employees. The starting point for the conscious use of incentive mechanisms is to identify those needs.
The main motivational factors are salary, working conditions, professional development and personal success. The strength of individual factors varies with the level of education, type of work and employee’s position in the company. The lower the level of education, the less complicated the job in the company will be, and the stronger the factor remuneration will be.
However, in case of well educated employees performing more responsible jobs key factors in motivating are non-cash incentives such as acquiring new knowledge, the possibility of personal self-fulfilment, career development, broadening the scope of autonomy and responsibility, and the prestige of the position.
Employee preferences also change with age and seniority. For young workers beginning their careers the most important factors are the opportunity to perform interesting tasks, the use of modern tools of work, good relations within the company and regular feedback on work results. But for workers with several years of experience important factors are attractive salary and benefits, career opportunities, independence and stability of employment.
Whom and how to motivate during economic crisis?
The first reaction of employers to the global economic crisis was control of labour costs, which are a significant part of total operational costs. Today, companies structure remuneration systems in such a way that they are part of the risk management system, allowing for flexible changes in salary and non-cash benefits in accordance with the needs of employees and the financial situation of the company. That is the role of various types of performance-related bonuses, but it is not the only role.
When revenues fall due to economic slowdown, management boards and HR departments face a difficult challenge: how to dispose of fewer incentives to avoid loss of key employees during difficult times. The most commonly used solutions include i.e.:
- Retention bonus for key staff
- Performance pay for best results
Employers can also use a wide range of possibilities to motivate staff without additional cost, but only with greater involvement of managers. Such solutions may include e.g. greater differentiation of duties, flexible working time, mentoring or simply more frequent and more detailed feedback provision.
The future of non-cash benefits
During the period of recovery the pressure on salary increases begins to force employers to seek other methods – than simple pay raises – of attracting and retaining employees. Especially young employees of Generation Y appreciate the ability to fulfil their passion and work-life balance. In the nearest future good salaries will not be enough to attract young professionals and managers.
More and more employers are coming to understand that they must take care of their staff not only just as employees, but also as people. Global companies are starting to carry out HR policies promoting balance of work and private life as well as personal development.
Contact
Should you require additional information or advice on these matters, please contact our experts:
Dorota Strzelec
Consultant/ Occupational Psychologist
HR Management Department
T: +48 22 295 33 28
E: dstrzelecMarcin Eckert
Director of Tax Department
T: +48 22 295 33 80
E: meckertAgnieszka Janowska
Legal Adviser
Director of the Labour Law Department
T: +48 22 295 33 30
E: ajanowska
TGC Corporate Lawyers
ul. Hrubieszowska 2
01-209 Warsaw, Poland
T: +48 22 295 33 00
F: +48 22 295 33 01
E: tgc
Alerts on this site are subject to the General Disclaimer set out on the page of that name.
Related articles
- Hidden risks of homeworking (premierlinedirect.co.uk)
- What Are Fringe Benefits? (brainz.org)
- Tablets in the Enterprise in 2011 (billives.typepad.com)
- Changing Work Patterns in Japan (japannvc.com)


