(Poland)
Please find below some new legal developments and events in Poland from May 2024.
In the middle of May a new proposal to amend the Polish Labor Code was published according to which the length of work will also include, among other things, work performed on the basis of contracts for services and work provided on a freelance basis. It is expected that this proposal will be deliberated and contemplated by the Polish Parliament (“SEJM”) in the second half of the year.
On 17th May 2024 the deadline expired for adjusting workplaces and equipping them with screen monitors, keyboards and mouse- devices at which the work is performed over half of daily working time.
In May a new bill of 12 April 2024 went into effect amending the act on aid for borrowers who decided to take out mortgages for buying apartments and who are currently in financial difficulties preventing them from repaying their mortgages on time. The remedial measures include, among other things, credit vacations, the uptake of funds available at the Borrower Support Fund, and the adjusting of monthly repayment installments to the amount of expenses in the household. The maximum amount of support shall be at 120 000 PLN and the number of installments can in justified cases be extended to 200 payments. In addition the new bill foresees also the extinction of 66 installments if the debtor settles 134 installments on schedule. As a result a total amount of 39 600 PLN can be remitted in favor of the debtor.
The processing of the applications for suspension of repayment of mortgages will be based on previous rules evidenced by statements about their income situation and household expenses under penalty of perjury.
The Polish legislator has already transposed EU Directive 2019/882 (the so- called European Accessibility Act – EAA) through a new act from 23 April 2024 into national law. The EAA seeks to ensure equal access to digital products and services throughout Europe for persons with disabilities. The new act shall take effect by the end of June 2024 as it requires a lot of preparation and adjustments that will allow businesses to implement the rules of EAA in practice.
The new act stipulates the following:
- the requirements for accessibility of products and services for all consumers, in particular for persons in need and with disabilities
- obligations of business for complying and meeting these new requirements,
- system and rules for exercising supervision over the assurance of accessibility products and services.
The new act refers to computers and operating systems, payment terminals and self-service terminals (e.g. card payment machines, ATM, ticket vending machines, interactive terminals, and clearance devices), ticketing and check – in -machines, E-readers, e-commerce, banking services, phone services, electronic tickets and all sources of information for air, bus, rail and waterborne transport service, e-books, and access to audio – visual media services.
In addition, the new act also lays down requirements that must be met by products and services such as providing information about these products and its users, interface taking into account their functionality. Businesses will be asked to present informative and technological solutions that enable consumers with easy access to and use of the products and services. In the case of imported products, the following information must especially be placed on them: (1) (business) name of the company, (2) registered trade mark if any, (3) contact details given in Polish language, (4) CE marking and (5) statement of the manufacturer that it has met its obligations when it comes to the accessibility features of the product.
The Polish legislator also regulated in the new act rights of the consumers. Each consumer will be entitled to file a complaint to the appropriate businesses (e.g. manufacturer, importer, service provider) if the accessibility to a certain product or service will not be ensured or when the services or products do not respect the new rules. Complaints must be reviewed and corrective measures must be taken if necessary and justified. In future consumers will also be able to file complaints before national courts or authorities if services or products do not respect the new rules.
