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Legislation Monitoring Centre
In Poland there is neither an internet portal nor an institution for employers responsible for monitoring the legislation process of regulations that determine the rules for business activity. At present employers  learn about changes in the law mainly from mass media or simply through the grapevine, usually with delay.



Employers of Poland assess the year 2015


This year has been a time of relatively stable and moderately dynamic growth. GDP growth rate maintained a level of ca. 3.5 percent with no significant deviation in either direction and no marked trend either. However, the structure of growth has been a cause for some concern – consumption and investments have been much lower than expected. We have avoided a downturn only thanks to a surplus of export over import. At the same time, one cannot expect growth dynamics to increase next year if the main motors of Polish economic growth do not finally start.



  • The passing of the amendment to the Tax Ordinance including the in dubio pro tributario principle – according to which ambiguities in regulations should be resolved in favour of the taxpayer – is a great success of entrepreneurs.
  • With regards to the labour market, the passing year was first and foremost a time of very rapid decline in unemployment. Despite the fact that economic growth has not been astonishing, Polish entrepreneurs have created many jobs, giving hundreds of thousands of people an opportunity to find work.
  • Although 2015 has not seen an employees’ market yet, wage dynamics have been quite stable and wages adjusted for deflation have grown the fastest in 7 years.
  • After six years, the excessive dynamics deficit was concluded. Despite fiscal consolidation going slower than expected, we have surely made a progress in redressing the balance in public finance.
  • The Ministry of Digitization has assumed control over a-administration projects. The current situation where each ministry creates independent digital platforms cannot continue. E-administration has to be based on sharing and exchanging information between databases and the process of digitalizing administration has to have a single coordinating body. The Ministry of Digitization has an opportunity to assume that responsibility.
  • Efforts in the field of pro-family policy are also worthy of attention: amendments to the Labour Code aimed at helping parents reconcile their professional and private life, addressing the issue of work continuity  and work organization. The consultation process of this particular document is also a great example of how consultations should look like. Parents, employers, unions and economists were all involved. A system for co-financing daycare and kindergartens in workplaces through CIT deductions has also been passed.
  • Spending on science has been increased by 6 percent. Increased financing for education, including vocational training, is a much need development, given the fact that in the future, the Polish economy will depend largely on innovativeness and human capital.
  • The passing of the Public Health Act, even in restricted form compared to initial intentions, is watershed moment, giving the National Health Program a budget to finance its functioning. This is a very important act which will hopefully help answer the needs of Polish citizens with regards to public health.
  • A return to social dialog – after over 2 years of impasse of social dialog in Poland, on July 24th the act on the Social Dialog Council and other social dialog institutions was passed. Social partners and the government cooperated on the draft which is surely a success. The aim of the new bill to systematically regulate social dialog in Poland and to improve the efficiency of its institutions. Social partners have also acquired new competences. They may prepare common drafts of legal acts (the so-called quasi right of initiative) and submit motions to the Supreme Court. However, the fact that the Council, established by the President on October 22nd, is sometimes bypassed in the legislative process. This is a reiteration of the old mistakes of the Tripartite Commission and this is exactly what we wanted to avoid when drafting the new regulations. However, we still hope that the Council’s competences will still be respected and will continue to provide a platform for dialog between employers, unions and the government.



  • Increasingly aggressive tax policy and oppressive actions of the tax authorities towards Polish entrepreneurs.
  • Failure to pass the Economic Activity Law – bureaucracy and politics have trumped entrepreneurship, blocking the passing of a much needed act eagerly awaited by business. Bureaucrats were concerned with regulations stating that “what is not forbidden is allowed”, and that any ambiguities in interpretation should be resolved in favour of entrepreneurs.
  • As far as the needs of the labour market are concerned, there is no immigration policy taking the potential impact of immigrants on Poland’s economy. In 2030, Poland will need 20 mln employees, while estimations suggest that only 16 mln will be available. There is still no strategy attempting to fill this gap. Even today, employers in some regions and sectors have serious problems recruiting enough employees.
  • The failure to pass the Construction Code – the investment process in Poland is an obstacle course through numerous public institutions. It may take as long as two years to comply with all formal requirements and when all permits are acquired there is still a building to be constructed. This problem, as well as many others related to planning, were supposed to be addressed by the urban planning and construction code. It took a special commission several years to prepare it. Sadly, it was cut to include construction law only, with the objective of passing it in the previous term, and even then it was not accepted by the government.
  • A bad draft of the public procurement law – by April 18th, Poland has to implement the EU directives on public procurement passed in early 2014. However, the time which has elapsed since then has not been used to prepare satisfactory drafts of legislation which would take into account the experiences with the current public procurement law while at the same time respecting the postulates of the social partners – such as removing the lowest price as the decisive criterion in settling tenders, increasing the role of social clauses, support for innovation. The draft also includes proposition which are a threat to the nationalization of particular sectors of the economy through the mechanism of internal procurement (in-house).
  • 2015 has not been good for the Polish capital market. The sideways trend on the stock exchange which has persisted for several years ah turned into a bear market, exacerbating the weakness of our stock exchange in comparison to its Western European and American counterparts. As a result, Poles’ pension savings in OFE have shrunk and Polish companies are struggling with increasingly limited access to forms of financing other than bank loans.
  • In 2015, healthcare suffered from a lack of dialog which, as we know, provides an opportunity for escalating problems to be solved by means of compromise. The lack of systematic dialog caused bitterness among some social partners and led to nurses’ protests and, in turn, the signing of an agreement which may prove hard to implement. Moreover, 2015 has seen as many as 3 persons serve as Minister of Health which for obvious reasons was not conducive to systematic work.
  • Restrictions in fixed-term contracts – we were supportive of the amendment to the Labour Code, the aim of which was to restrict unjustified use of fixed-term contracts. At the same time, we still have some objections to the changes passed on June 25th. We believe that the 33-month limit for the total duration of such contracts, coupled with the maximum of 3 fixed-term contracts with the same employee, constitutes an excessive stiffening of regulations. In our view, it will not lead to more stable employment and an increased number of contracts for unspecified time. On the contrary – it will make civil contracts and the grey market more appealing. The transition regulations and the obligation to inform Labour Office of the signing of a longer fixed-term contracts are also causes for concern. New regulations will come into force on February 22nd 2016. It is then that the problems with their implementation will be revealed.