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#alert: Subsidies also for branches of foreign companies

After our appeal against the decision of the Head of the Provincial Employment Office (pl. Wojewódzki Urząd Pracy, WUP), the Local Government Appeal Board (pl. Samorządowe Kolegium Odwoławcze, SKO) issued yet another ruling recognizing the right of the branch of the foreign companies to obtain subsidies to salaries of its employees. The SKO once again supported our line of argument that such employers have every right to receive support. More importantly, the WUP in Katowice accepted this decision, and our client has already received the transfer!

Unfortunately, some WUPs adamantly refuse to grant support to branches of foreign companies on account that such branches are not entrepreneurs within the meaning of the applicable law, even though they employ workers, pay taxes in Poland and make contributions to the Polish Guaranteed Employee Benefits Fund (pl. Fundusz Gwarantowanych Świadczeń Pracowniczych, FGŚP) which actually finances the shield! Moreover, the WUPs’ unreasonable approach is supported by the Ministry of Development, Labour and Technology.

The ruling in favour of foreign branches was made by the SKO in Katowice, which means that the SKO in Warsaw is no longer the only one reversing decisions to the contrary. We hope that the other WUPs and the Ministry will change their unfair practice of refusing to grant support even after the SKO found such refusals groundless.

Our Anti-Crisis Shield Team is ready to help you with all matters related to obtaining the subsidies.

Termination of the employment contract due to the liquidation of the position before the end of the liquidation

The reason for termination must be true at the date of termination. The case law of the Supreme Court confirms that it may take place both when the liquidation has already taken place and when the process of liquidation of the position is in progress. – Sandra Szybak-Bizacka and Kinga Polewka comment for ius.focus.

Full article: here.

Littler – COVID-19 – EMEA – Lockdown Restrictions: EMEA At a Glance

Together with our Littler colleagues, we have created a multi-jurisdictional guide which gives “at a glance” snapshot of the severity of lockdown restrictions in 28 countries across EMEA.

Poland (here).

If you would like to receive a full copy of this guide, please get in touch with your usual contact PCS Paruch Chruściel Schiffter | Littler Global or write at:

perspektywhr@pcslegal.pl

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