Legal Alert 27.05. - 03.06.2022.

Entry into force on 2.04.2021. – Ordinance of the Council of Ministers of April 1, 2021, amending the Ordinance on the Establishment of Certain Restrictions, Orders and Prohibitions in Connection with the Occurrence of an Epidemic Condition

As a result of the changes, the new wording of Article 155 of this law assigns the decision to start using e-delivery to the minister in charge of informatization. The minister is to be guided by the fulfillment of the technical and organizational prerequisites necessary for the delivery of correspondence using a public registered electronic delivery service or a public hybrid service. When this is done, the minister will announce in the Official Gazette an announcement specifying the deadline for its implementation. When this will take place – this is unknown.

Dz.U. z 2022 r. poz. 569 tj.

On May 29, 2022, new provisions of the Law on Working Time of Drivers came into force – the Law of January 26, 2022 on Amendments to the Law on Road Transport, the Law on Working Time of Drivers and Certain Other Laws (Journal of Laws of 2022, item 209).

Employers’ obligations to keep records of drivers’ working time will change. The new regulations also apply to records kept for contractors and the self-employed. Article 25 of the Law on Working Time of Drivers, as amended, does not provide for the possibility of continuing to keep records of drivers’ working time on the basis of discs, printouts from the driver’s card and digital tachograph, data downloaded from the digital tachograph and driver’s card, and other documents confirming working time and the type of activity performed. In practice, this means that from May 29 this year, an individual time record card will have to be kept for each driver employed under an employment relationship, just as for employees subject to the general standards of the Labor Code. Data from source documents will have to be converted to such records. Working time records will vary in the degree of detail depending on whether the driver is employed on a task basis, receives a lump sum for overtime or night work. For contracted drivers, the records will be the most detailed. As of May 29, 2022, it will have to include information on: the number of hours worked, the start and end time of work, the number of hours worked at night, the number of overtime hours, days off with an indication of the title of their granting, the number of hours of on-call duty, the start and end time of on-call duty, with an indication of whether it is on-call duty performed at home, the type and extent of exemptions from work, the type and extent of other excused absences from work, and the extent of unexcused absences.

Dz.U. z 2022 r. poz. 209

On May 31, 2022, the Ordinance of the Minister of Agriculture and Rural Development came into force, amending the Ordinance of February 18, 2016 on the requirements to be met by the business plan of an agricultural producer group.

As of this date, therefore, the new business plan form for an agricultural producer group – posted here – is in effect. The organized agricultural producer group must acquire legal personality in the National Court Register and register as an entrepreneur in the KRS Register of Entrepreneurs. In order to obtain the status of an agricultural producer group, the persons representing the group submit an application for recognition of an agricultural producer group (W-1/497) together with the required declarations and attachments to the registration authority competent for the group’s seat (OR ARiMR).

Dz. U. z 2022 r. poz. 1091 

We also recommend you our legal blog, where you can find, among other things, articles related to the topic of litigation prepared by our Team.