legallegal
20 Feb 2008
Law / Starting a Business In Poland - what should I know? [28]
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 § 1 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
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 § 1 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