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Starting a Business In Poland.


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MareGaea
  Feb 20, 08, 14:56  #1

I don't know if this is in the right forum, but I let the Admins decide this.

My question is, are there anything you should know when you want to start a business in Poland? Are there, besides the common laws concerning enterprises, EU-regulation and so on, any custom laws, written or unwritten in Poland when, as a foreigner, you want to start a business, especially one that probably is going to employ a 150+ (local-) ppl? Is it done as a foreigner to start a business in Poland in the first place? (just want to know the ethical side of this last bit). I'm asking this for a friend who is thinking of setting up a quite big enterprise in or near Wroclaw. (and I want to know plainly out of curiosity:) )

M-G

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Wroclaw
  Feb 20, 08, 15:15  #2

Hours of work might be different as well as work practice.

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MareGaea
  Feb 20, 08, 15:17  #3

Not from 8 to 5 or 7.30 to 4.30?

M-G

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Wroclaw
  Feb 20, 08, 15:28  #4

MareGaea wrote:
Not from 8 to 5 or 7.30 to 4.30?


I can only tell you about factory work.

Early start, one break, early finish. Our place closes at 14:00

Office workers often work their lunch and do eight hours. However, many of them find themselves working extra hours, whether they like it or not.

There is a difference in retail working hours too. It all depends on the size and type of store.

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MareGaea
  Feb 20, 08, 15:36  #5

Gonna be a bit of a culture-shock then... Normal is: 2 breaks of 15 mins and one of 30 mins. Work starts at 8 or 9 and finishes 9 hours later at 17.00 or 18.00...At least that's what he's used to now...But thanks for your answers...

M-G

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Wroclaw
  Feb 20, 08, 15:49  #6

MareGaea wrote:
Gonna be a bit of a culture-shock then...


What I have given you is just a guide. Please wait for more replies.

You need answers from people who work in particular sectors.

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PolskaDoll
  Feb 20, 08, 15:52  #7

Wroclaw wrote:
who work in particular sectors.


What kind of business will it be MareGaea?


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legallegal
Edited by: legallegal  Feb 20, 08, 17:52  #8

Polish Constitution from 1997 provides that the sources of universally binding law in Poland are: Constitution itself, statutes, ratified international agreements, regulations and enactments of local law issued by proper local organs. (see art. 87 of Polish Constitution)

There are no internal universally binding custom laws in Poland (in the sense known in e.g. The United Kingdom). For example - art. 354 за1 of Polish Civil Code regulates a way of fulfilment of an obligation (mentiones about customs), but it cannot be confusing with customs as a source of law in the Polish legal system. It is a statutory system - consisting of normative sources of law.

I would say that - customs to become binding must represent a few values: 1) graduall formation in the course of (longer)time, 2) its acceptation by practice and 3) social awareness that particular customs are binding. They must be applied by e.g. courts. Customs issues have been discussed by Polish theory of Law during the past few decades.

Obviously Polish entrepreneurs involved in international trade will sooner or later have to do with customs, but this is a different issue.

I reckon that hours of work will be up to your friend, as they are the employer, however they must stay in accordance with law (see The Labour Code).

I invite your friend to expand in Poland and please do not listen to people who says horrible things about Polish authorities, e.g. registering business activities. I've never met any example of bad behaviour myself neither my friends have. Sometimes they're just tired maybe, that's all.

I also invite anybody having issues before expansion over here to e-mail me: info@legalandcapital.com

Kind Regards

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MareGaea
  Feb 21, 08, 07:32  #9

PolskaDoll wrote:
What kind of business will it be MareGaea?


He produces electronic car-parts, actually he explained it to me many times, but since I have no knowledge of cars whatsoever, I still not fully understand what he actually does...All I know that his parts are used for the electrical part of a car; if you can build an image in your mind based on that :)
All I know that he needs quite specialist ppl, it's not just welding parts onto a microplate, he develops this stuff as well...

M-G (only knows how to drive a car - the rest, well, there are other specialists for that:) )

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inkrakow
  Feb 21, 08, 16:33  #10

I think employment law is a big headache. For example, a friend told me that he has to take all his holiday in March. I asked if his employer couldn't just pay him for untaken holidays and he said no - his employer would be fined if he didn't take all his holiday. Another friend was off work so got a doctor's note for a specified number of days. He got better before this time was up but couldn't go back to work as, if he became ill again, the company would be fined. I know this is anecdotal but IMO it flags up that it's something to consider!

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Krzysztof100
  Feb 25, 08, 14:39  #11

I think You are asking abt something else- law You can check yourself (or your attorney will help)
1. Polish administration is not helpfull. In fact stupidity and avoiding common sense is normal. You may have luck or simpliest things can take months
2. restrictive bankruptcy proceedings- now it's hard to avoid personal responsibility of Board in case of bankruptcy
3. And something better- there is many different inspections, etc., but if you already have estabilished bussines any penalties are symbolic for 100+ employees company
4. abt labor law- polish workers are used to longer workin day. Formally it's 40 h/week with very limited overtime. In fact working day in one-shift factory is 10 hours

other things or my help as attorney- PM please

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MareGaea
  Feb 26, 08, 06:06  #12

Thanks guys! I will pass this info on to my friend and let him decide wether he wants to know more...I'll keep you posted. Thanks again!

M-G

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