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E-Delivery obligation for entrepreneurs.

In today’s post, we remind you of the changes regarding e-Delivery, which  January 1, 2025 came into power and relate to entrepreneurs registered in the KRS and CEDG.

E-delivery, which is the electronic equivalent of a registered letter with acknowledgment of receipt, carries with it the obligation for selected entities to have an electronic delivery address.

Below is a timeline of the obligation for businesses to keep such an address:

January 1, 2025.  – Entrepreneurs who register a business in KRS or the CEDG as of January 1, 2025.

April 1, 2025.  – Entrepreneurs who, before January 1, 2025, already had a business registered with the KRS.

July 1, 2025.  – Entrepreneurs who, before January 1, 2025, had their business registered in the CEDG but apply for an updated entry.

October 1, 2026. – Entrepreneurs who, before January 1, 2025, already had their business registered with the CEDG and who did not update their entry after January 1, 2025.

As a reminder, an electronic delivery address can be established on the website of the Ministry of Digitization:

https://www.gov.pl/web/gov/uzyskaj-adres-do-e-doreczen-u-publicznego-dostawcy-uslugi-e-doreczen
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Knowledge

Today we continue the topic of e-delivery. We have received questions as to the basic elements and functions of e-delivery. Today we will answer some of them.

What are e-Deliveries?

They are the electronic equivalent of a registered letter with acknowledgment of receipt.

Do e-Deliveries have the same legal meaning as traditional registered mail?

YES, but not all entities are immediately obliged to use them.  For example, courts have such an obligation as of October 1, 2029

What is an ADE address?

This is an electronic delivery address (ADE), which is assigned to each entity after setting up a so-called e-delivery box. It is automatically included in the Database of Electronic Addresses (BAE).

Can an individual set up an e-delivery address?

Yes, as much as possible, but there is no obligation to do so. An exception is made for people in the professions of public trust.

Who can see the data of individuals in the database of electronic addresses?

Only public entities.

Where can I set up an electronic delivery address?

Here: https://www.gov.pl/web/gov/uzyskaj-adres-do-e-doreczen-u-publicznego-dostawcy-uslugi-e-doreczen

By Lidia Blaszka-Griffin

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Knowledge News

The Ministry of Development and Technology wants to give district authorities more time to digitize base maps.

On October 7, 2024, in the List of the Legislative and Program Works  of the Cabinet of Ministers, the Draft Act on Amendments to the Law – Geodetic and Cartographic Law and the Act on Amendments to the Law on Spatial Planning and Development was released.

The draft act responds to the needs of the district authorities and investors. This is because currently, based on the amendment to the Law on Planning and Spatial Development, until December 31, 2024, district offices can maintain base maps in vector form or in raster form supplemented with vector data. These maps form the basis of planners’ work.

According to information obtained by the Ministry of Development and Technology, district offices need much more time to convert their base maps into digital ones, and if they do not create an appropriate database, they will not have a legal basis for keeping base maps in analog form. In turn, without maps, investments cannot be designed.

The deadline is therefore to be moved to the end of 2027.

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Knowledge

On November 15, 2023, an amendment to the inheritance law came into force.

.The amending law provides for a number of changes, including:

1. no need to obtain the guardianship court’s consent for a minor’s rejection of an inheritance if he or she is called to inherit as a result of a parent’s previous rejection of an inheritance; however, the consent of the other parent or joint action by both parents is required;

2. expanding the catalog of possibilities for declaring an heir unworthy (persistent evasion of maintenance obligations towards the testator and persistent evasion of custody of the testator),

3. changing the circle of statutory heirs in the last group of the inheritance, excluding from the inheritance the further descendants of the testator’s grandparents, i.e. the so-called aunt’s or uncle’s grandchildren and further generations.

The coming changes, particularly in the area of family law, are intended primarily to reduce the length of court proceedings. The narrowed catalog of statutory heirs, in turn, is expected to reduce the need for the court to search for them ex officio and summon them to a hearing, thereby also streamlining the issuance of succession determinations.

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Labor law in the investment process. Longer parental/maternal leave.

We invite you to read the following post by Law Firm Partner attorney at law Jakub Stempski on changes to the Labor Code that take effect in the first calendar quarter of 2023, which will  affect all employees, that means employees in investment process as well.

Longer parental/maternal leave.

The regulations currently in force entitle the child’s parents to parental leave of 32 weeks in the case of a single pregnancy and 34 weeks in the case of multiple pregnancies. The new legislation extends these leaves to 41 and 43 weeks. In addition, 9 weeks of this will be due to the father and mother separately and the leave will be “non-transferable”, the parent will have to use at least that much, in the event of non-use, and the other parent will not be able to “take” the leave to use instead. Moreover, the amount of the maternity benefit will change and will amount to 70% of the calculation basis, unless the employee submits the application within 21 days from the date of the child’s birth, then the benefit will amount to 81.5% of the calculation basis. The amendment shortens the time for taking paternity leave from the current 24 months from the child’s birth to 12 months from the child’s birth.

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Knowledge

Labor law in the investment process. Unpaid care leave.

We invite you to read the following post by Law Firm Partner attorney at law Jakub Stempski on changes to the Labor Code that will take effect in the first calendar quarter of 2023, which will  affect all employees, that means employees in investment process as well.
 
Unpaid care leave.
 
The employee will be able to use up to 5 days a year to care for a family member (children, parents, spouse) or a person remaining in a common household if there is a need to provide significant care for this person for medical reasons without the right for remuneration. The application has to be submitted by the employee no later than the day before the date of commencement of care. The days can be used in whole or in part at one time.

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Knowledge

Why the legalization fee cannot be changed by “rectification”?

The procedure for legalizing a construction without a building permit consists of several stages. After conducting an evidentiary proceeding to determine whether the reported property constitutes a bconstruction without a building permit, the building supervision authority, acting in particular on the basis of the content of Article 48 paragraphs 1 and 3 of the Building Law, issues appropriate decisions.

Among other things, the authority decides to suspend the execution of construction works, informs on the possibility of filing an application for the legalization of a construction without a building permit, and also imposes an obligation to pay the so-called legalization fee.

Determination and payment of the legalization fee is a condition for legalization of a construction without a building permit, while failure to pay the fee results in the obligation of the cbuilding supervision authority to issue a decision on demolition of the building.

The amount of the legalization fee is affected by various factors, which include the category of the construction object and the coefficient assigned to it, as well as the coefficient for the size of the object. Meanwhile, the values for each category of object are regulated in the annex to the Building Law. In turn, which coefficient will be used in a given case depends on the facts established and adopted by the authority conducting the proceedings. In view of this, it is the building supervision authority that determines how the object should be classified, determines its size and, on this basis, determines the amount of the legalization fee.

However, what happens if, in the course of the proceedings, the authority erroneously determined the facts of the case, assigning the construction object to the wrong category, or admittedly correctly determined the facts, but in the decision setting the amount of the legalization fee applied the wrong coefficients?  And what if he did it correctly but wanted to change the legalization fee for other reasons? In such a case, can the authority, based on the content of Article 113 § 1 of the Act of June 14, 1960, the Code of Administrative Procedure (i.e., Journal of Laws of 2021, item 735, as amended – hereinafter the Code of Administrative Procedure), change the amount of the fee by correcting an obvious clerical error?

 In one of our cases, the District  Inspector of Building Supervision tried to change precisely the amount of the previously established legalization fee.

Why couldn’t he do so, based on the content of Article 113 § 1 of the Code of Administrative Procedure?

In the body of the complaint, arguments were presented indicating that the above ruling was unjustified, among other reasons, due to the fact that the change made by the supervisory authority could not be qualified as having the character of correcting an obvious clerical error. The amendment constituted a substantive change to the ruling and referred to the determination of an element of the facts of the case in the form of determining the purpose of the part of the building subject to legalization. These findings, in turn, affected the components determining the amount of the legalization fee – which put the parties to the proceedings in a different legal position.

Judicial case law give the terms: “clerical and calculation errors” and “other obvious mistakes” specific meaning. In fact, a calculation error is understood as a mistake in the performance of a mathematical operation, e.g., addition or division, while a clerical error is understood as an apparent misuse of a word, a misspelling or an apparent unintentional omission of one or more words, contrary to the authority’s intention (so NSA, among others, in the judgment of February 10, 1994, ref. SA/Kr 723/93 – ONSA 1995 no. 2, item 65).

The purpose of applying the procedure set forth in the provision of Article 113 § 1 of the Code of Administrative Procedure remains the repair of the disturbed connection between the will (intention) of the authority and its defective, erroneous externalization, and only with regard to some specific, irrelevant character of the defect contained in the decision itself. The field of action of the public administration body designated by the above-mentioned provision is limited only to clarifying to the party the doubts raised about the expressions used in the decision, unclear wording or abbreviations used that make it difficult to determine the meaning of the decision, and may not lead to a change in the decision (see the judgment of the Supreme Administrative Court of September 26, 2008, ref. II FSK 943/07).

A decision to correct a decision issued on the basis of Article 113 § 1 of the Code of Administrative Procedure may not shape the legal situation of a party, since such an effect, either in the sphere of material and legal relations or in the sphere of procedural relations, may be produced only by the decision to which the correction relates (cf. the judgment of the Supreme Administrative Court of March 20, 2008, ref. II GSK 397/07).

By determining the amount of the legalization fee in a different way through a different qualification of the property in question and categorizing it not, as had been the case in previous rulings, as a single-family residential building, but as catering trade buildings, the supervisory authority made a substantive change.

The Wielkopolski Regional Inspector of Building Supervision, reviewing the issue in question, fully shared the position expressed in our complaint and indicated that the District Inspectorate of Building Supervision was not authorized to change the decision in the scope presented, while revoking the appealed decision.

The appellate authority explicitly pointed out that the changes proposed as a result of the rectification are not changes having the characteristics of an obvious clerical error and  errors immediately noticeable without the need for analysis and examination of the case file. It was also emphasized that the institution of rectification of a clerical, accounting or other obvious  error cannot be used by the authority as an instrument for correcting procedural errors committed by the authority.

Therefore, the building supervision authority may not arbitrarily make changes to its decisions – especially on such an important issue as the legalization fee, which largely shapes the course of legalization proceedings. Since the fee was established on the basis of a certain factual situation, it cannot be subsequently changed by rectification, which would ultimately lead to the calculation of a different legalization fee.

By attorney at law Żaneta Gościej

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Knowledge

Labor law in the investment process

We invite you to read the following post by Law Firm Partner attorney at law Jakub Stempski on changes to the Labor Code that will take effect on January 1, 2023, which will affect all employees, that means employees in investment process as well.

Leave on demand due to force majeure.

An employee in a family emergency caused by an accident or illness will be entitled to leave work for 2 days or 16 hours a year. Part-time employees will be entitled to a proportionally determined amount of this leave. The application has to be submitted by the employee no later than on the day when the leave is taken. While taking leave due to force majeure, the employee will be entitled to remuneration in the form of 50% of his/her normal remuneration.

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Knowledge

Labor law in the investment process.

We invite you to read the following post by Law Firm Partner attorney at law Jakub Stempski on changes to the Labor Code that will take effect on January 1, 2023, which will affect all employees, that means employees in investment process as well.

The employee’s right to stable working conditions.

If the employee has worked for at least 6 months, the employee will have the right to ask the employer to change the contract for an indefinite period or to hire him full-time. The employee’s application may be rejected at the will of the employer, but the employee’s application for stable working conditions cannot be refused. The employer will be required to respond to the request in writing or electronically, and in the event of refusal to justify the decision.

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Parallel work.

Labor law in the investment process.

We invite you to read the following post by Law Firm Partner attorney at law Jakub Stempski on changes to the Labor Code that will take effect on January 1, 2023, which will affect all employees, that means employees in investment process as well.

Parallel work.

After the new regulations enter into force, the employer will not be able to prohibit the employee from being in an employment relationship with another employer at the same time, and the employee cannot be discriminated on this basis. The employment contract cannot contain provisions stating that the employee may not take up additional employment or restricting this employment. Limitation of possible additional employment will be possible only on the basis of a separate non-competition agreement, non-competition agreement or when separate regulations allow for limiting the employee’s employment.