The Early Warning System
The Sejm
Amendment to the Labour Code
Purpose: Harmonises the code with the Polish constitution and EU law. The amendment would ban discrimination based on age, disability, race, ethnicity, sexual orientation and religion as well as prohibit sexual harassment in the workplace. It would also mandate equal pay for equal work. Employers would be obliged to: inform employees of employment contract terms, impose new employee rest requirements, limit the work hours of night workers to eight hours, reduce monotony in the workplace (for instance, with paid breaks) and allow employees to freely choose part-time employment. The amendment would establish employment terms for employees from EU member states who work in Poland as well as introduce EU regulations for work safety and hygiene. Proposed changes would take effect as of the country's EU accession date.
Affected: All employers, human resources departments and executive search companies
Timing: Government approval in November. First reading in January.
Amendment to Civil Procedural Code
Purpose: Bans evictions of tenants from rental property without provisions for temporary housing.
Affected: Real estate investors and housing owners
Timing: Government approval in October. During its first reading in January, all political caucuses declared they would support this draft legislation.
Railway Transport Law
Purpose: Harmonises Polish and EU law. European railway carriers would gain access to 20% of time slots in 2004, and their access would increase by 20% for the next four years. It would allow all applicants meeting basic requirements to obtain railway licences for an unlimited period of time. The maximum licensing fee would be set at €40,000. The draft law also foresees the differentiation of infrastructure access fees. Last, the Railway Transport Office (UTK) would take over as the railway regulator before the country's EU accession.
Affected: Railway transport companies, forwarding companies, logistics companies, European passenger and freight carriers interested in the Polish market and the competitive environment
Timing: Government approval and first reading in August. Second reading in January.
National Road Construction and Operation Bill
Purpose: Speeds the process of building a motorway system in Poland. The bill would determine the conditions for the construction and operation of national roads, rules governing financing, organs responsible for construction and operation, rules for licensing construction and road operation, the signing of licensing contracts and the collection of tolls. Tolls would be paid for the national road network.
Affected: Banks, engineering companies and construction companies
Timing: Government approval and first reading in September. Second reading in January.
Biofuel Market Act
Purpose: Regulates production, storage and turnover of biocomponents used in producing liquid biofuels. The act would limit the production of biocomponents, regulate agricultural raw materials used in biocomponent production and mandate addition of biocomponents to fuel. Biocomponents would need to make up at least 4.5% of fuel.
Affected: Fuel producers, wholesalers and retailers and producers of biocomponents
Timing: The presidential veto issued in January awaits consideration by the Sejm.
The Senate
Credit Rating Act
Purpose: Creates a legal framework for accessing information on credit histories and introduces legal protection for information about consumer credit ratings. For a fee, specialised companies would release information on the failure of companies and consumers to meet loan obligations.
Affected: All companies, in particular banks, insurance companies, stock brokers, leasing companies, telecommunications operators, cable and satellite television broadcasters, energy companies and credit-rating companies
Timing: Government approval and first reading in June. Second reading in December and third reading in January. Awaits consideration by the Senate.
Amendment to the Civil Code
Purpose: Harmonises the Civil Code with the Commercial Code and introduces new legal definitions for the terms "consumer," "company" and "proxy." It would predetermine some contract clauses, regulate submitting and accepting offers, and change regulations governing auctions and tenders. With respect to the construction industry, the amendment would introduce the joint liability of real estate investors and contractors towards subcontractors for services rendered in an effort to protect small and medium-sized business owners. Before signing co-operation agreements, investors would be allowed to analyse contractor finances and creditworthiness carefully.
Affected: All companies, particularly real estate investors, contractors, and subcontractors
Timing: Government approval and first reading in July. Second reading in December and third reading in January. Awaits consideration by the Senate.
Bankruptcy and Reparation Law
Purpose: Introduces a single approach to insolvent companies, which would facilitate the creation of new companies based on the assets of bankrupt ones. Companies that are registered with the National Court Register and fear bankruptcy could opt for reparation proceedings overseen by the courts. In exchange for credible restructuring programmes, these companies could have part of their debts cancelled. In some circumstances private persons who go bankrupt could have their debts remitted once bankruptcy proceedings were completed. Overall, the bill would strengthen the position of creditors and weaken legal protection for debtors.
Affected: Creditors and debtors
Timing: Government approval and first reading in August. Second reading in November and third reading in January. Awaits consideration by the Senate.
Approved Legislation
Amendment to the Waste Disposal Law
Purpose: Makes existing waste disposal and recycling procedures for companies more precise. It introduces revised packaging norms and identifies documentation necessary to prove product recycling.
Affected: All companies, particularly recycling companies
Timing: Signed by the president in January. Awaits publication in the Dziennik Ustaw.
Amendment to the Social Insurance System Act
Purpose: Simplifies procedures for paying social insurance fees (ZUS). It extends the statute of limitations for legal claims concerning social insurance fees from five to 10 years and reduces the amount of information required on insurance forms.
Affected: Open retirement funds, employers and HR departments
Timing: Published in the Dziennik Ustaw in December.
National Budget for 2003
Purpose: Plans budget revenues and expenditures for 2003. It foresees revenues of €37.4 billion (zł. 154.9 billion) and expenditures of €46.8 billion (zł. 193.6 billion). This piece of legislation nearly doubles the mandatory fee paid by employers into the Guaranteed Employee Benefits Fund (FGSP) from 0.08% to 0.15% of gross employee income.
Affected: Employers and HR departments
Timing: Published in the Dziennik Ustaw in December.
Amendment to the Public Procurement Act
Purpose: Makes all finalised public procurement contracts public in accordance with regulations governing access to public information. The amendment also obligates the head of the Public Procurement Office to seek the opinion of the appropriate minister before granting approval for circumvention of the public procurement act. This act mandates public tenders for goods or services worth more than €200,000 or to place an order freely if its value exceeds €20,000. Both measures are intended to increase transparency in public procurement.
Affected: Companies seeking public procurement contracts
Timing: Published in the Dziennik Ustaw in January.
Amendment to the Labour Code
Purpose: Harmonises the code with the Polish constitution and EU law. The amendment would ban discrimination based on age, disability, race, ethnicity, sexual orientation and religion as well as prohibit sexual harassment in the workplace. It would also mandate equal pay for equal work. Employers would be obliged to: inform employees of employment contract terms, impose new employee rest requirements, limit the work hours of night workers to eight hours, reduce monotony in the workplace (for instance, with paid breaks) and allow employees to freely choose part-time employment. The amendment would establish employment terms for employees from EU member states who work in Poland as well as introduce EU regulations for work safety and hygiene. Proposed changes would take effect as of the country's EU accession date.
Affected: All employers, human resources departments and executive search companies
Timing: Government approval in November. First reading in January.
Amendment to Civil Procedural Code
Purpose: Bans evictions of tenants from rental property without provisions for temporary housing.
Affected: Real estate investors and housing owners
Timing: Government approval in October. During its first reading in January, all political caucuses declared they would support this draft legislation.
Railway Transport Law
Purpose: Harmonises Polish and EU law. European railway carriers would gain access to 20% of time slots in 2004, and their access would increase by 20% for the next four years. It would allow all applicants meeting basic requirements to obtain railway licences for an unlimited period of time. The maximum licensing fee would be set at €40,000. The draft law also foresees the differentiation of infrastructure access fees. Last, the Railway Transport Office (UTK) would take over as the railway regulator before the country's EU accession.
Affected: Railway transport companies, forwarding companies, logistics companies, European passenger and freight carriers interested in the Polish market and the competitive environment
Timing: Government approval and first reading in August. Second reading in January.
National Road Construction and Operation Bill
Purpose: Speeds the process of building a motorway system in Poland. The bill would determine the conditions for the construction and operation of national roads, rules governing financing, organs responsible for construction and operation, rules for licensing construction and road operation, the signing of licensing contracts and the collection of tolls. Tolls would be paid for the national road network.
Affected: Banks, engineering companies and construction companies
Timing: Government approval and first reading in September. Second reading in January.
Biofuel Market Act
Purpose: Regulates production, storage and turnover of biocomponents used in producing liquid biofuels. The act would limit the production of biocomponents, regulate agricultural raw materials used in biocomponent production and mandate addition of biocomponents to fuel. Biocomponents would need to make up at least 4.5% of fuel.
Affected: Fuel producers, wholesalers and retailers and producers of biocomponents
Timing: The presidential veto issued in January awaits consideration by the Sejm.
The Senate
Credit Rating Act
Purpose: Creates a legal framework for accessing information on credit histories and introduces legal protection for information about consumer credit ratings. For a fee, specialised companies would release information on the failure of companies and consumers to meet loan obligations.
Affected: All companies, in particular banks, insurance companies, stock brokers, leasing companies, telecommunications operators, cable and satellite television broadcasters, energy companies and credit-rating companies
Timing: Government approval and first reading in June. Second reading in December and third reading in January. Awaits consideration by the Senate.
Amendment to the Civil Code
Purpose: Harmonises the Civil Code with the Commercial Code and introduces new legal definitions for the terms "consumer," "company" and "proxy." It would predetermine some contract clauses, regulate submitting and accepting offers, and change regulations governing auctions and tenders. With respect to the construction industry, the amendment would introduce the joint liability of real estate investors and contractors towards subcontractors for services rendered in an effort to protect small and medium-sized business owners. Before signing co-operation agreements, investors would be allowed to analyse contractor finances and creditworthiness carefully.
Affected: All companies, particularly real estate investors, contractors, and subcontractors
Timing: Government approval and first reading in July. Second reading in December and third reading in January. Awaits consideration by the Senate.
Bankruptcy and Reparation Law
Purpose: Introduces a single approach to insolvent companies, which would facilitate the creation of new companies based on the assets of bankrupt ones. Companies that are registered with the National Court Register and fear bankruptcy could opt for reparation proceedings overseen by the courts. In exchange for credible restructuring programmes, these companies could have part of their debts cancelled. In some circumstances private persons who go bankrupt could have their debts remitted once bankruptcy proceedings were completed. Overall, the bill would strengthen the position of creditors and weaken legal protection for debtors.
Affected: Creditors and debtors
Timing: Government approval and first reading in August. Second reading in November and third reading in January. Awaits consideration by the Senate.
Approved Legislation
Amendment to the Waste Disposal Law
Purpose: Makes existing waste disposal and recycling procedures for companies more precise. It introduces revised packaging norms and identifies documentation necessary to prove product recycling.
Affected: All companies, particularly recycling companies
Timing: Signed by the president in January. Awaits publication in the Dziennik Ustaw.
Amendment to the Social Insurance System Act
Purpose: Simplifies procedures for paying social insurance fees (ZUS). It extends the statute of limitations for legal claims concerning social insurance fees from five to 10 years and reduces the amount of information required on insurance forms.
Affected: Open retirement funds, employers and HR departments
Timing: Published in the Dziennik Ustaw in December.
National Budget for 2003
Purpose: Plans budget revenues and expenditures for 2003. It foresees revenues of €37.4 billion (zł. 154.9 billion) and expenditures of €46.8 billion (zł. 193.6 billion). This piece of legislation nearly doubles the mandatory fee paid by employers into the Guaranteed Employee Benefits Fund (FGSP) from 0.08% to 0.15% of gross employee income.
Affected: Employers and HR departments
Timing: Published in the Dziennik Ustaw in December.
Amendment to the Public Procurement Act
Purpose: Makes all finalised public procurement contracts public in accordance with regulations governing access to public information. The amendment also obligates the head of the Public Procurement Office to seek the opinion of the appropriate minister before granting approval for circumvention of the public procurement act. This act mandates public tenders for goods or services worth more than €200,000 or to place an order freely if its value exceeds €20,000. Both measures are intended to increase transparency in public procurement.
Affected: Companies seeking public procurement contracts
Timing: Published in the Dziennik Ustaw in January.
