szukaj

Three pillars of creating Polish SME paradise

16.11.2017

 

Three pillars of creating Polish SME paradise

 

Poland might become a paradise for small and medium enterprises. Our competitiveness advantage should be based on: simple law and effectively operating institutions, large-scaled demography policy, and wise economic policy. These are the main conclusions from the report of Union of Entrepreneurs and Employers: “Strategy of legal and institutional competitiveness of Poland”, which was presented during the 590 Congress in Rzeszów.

Currently, Poland has a problem with mediocrity. Everything is mediocre: regulations, common market, respecting the entrepreneurs’ rights, and economic policy. We will not catch up with the West without a clear vision, said Cezary Kaźmierczak, President of ZPP, during the 590 Congress in Rzeszów. Poland should attract consumers and entrepreneurs from all over the world with the best and the easiest economic law, clear and not-complicated tax system, effective judicature and education system.

Analyse of the rankings: Doing Business, Paying Taxes, and Global Competitiveness, combined with analyse of 20 the richest countries in the world according the the World Bank, shows that leaders of all of the rankings are almost the same. This means that countries with good business conditions, friendly tax system and modern institutions are also the most wealthy ones. And vice-a-versa, the ones at the lowest ranks are simultaneously the poorest ones.

Jarosław Gowin, Minister of Science and Higher Education who was present at the 590 Congress, admitted that our law is complicated and it often changes. Newly-appearing provisions cause the administrative apparatus to be very complex, which only enhances bureaucracy.

He mentioned the “one-in, two-out” principle existing in the UK. When one regulation is introduced, another one, with a similar scope of influence, is being abolished. “However, when we wanted to implement this principal in Poland, Donald Tusk stopped our works. At that same time Great Britain still realised this principle.”, said vice-Prime Minister, Jarosław Gowin.

In the Doing Business 2017 ranking, in the category of “Starting a Business”, Poland was placed on the 107th position out of 189. According to analysts of the World Bank, procedure of opening a company in Poland takes 37 days and requires expenses of 12,1% of income per capita. As the report states, excess of regulations is another significant hurdle for dynamic development of our country. In accordance to Grant Thornton, 31.9 thousand of typescript pages of new law were introduced in Poland in 2016.

Professor Robert Gwiazdowski, President of the Council of Warsaw Enterprise Institute, said that the biggest problem of Polish entrepreneurs are the tax law provisions.

We cannot deny the great economic success achieved by Poland after 1989. However, a trap of mediocre development may be especially dangerous for our country. It may lead us to a situation when instead of catching up with the richest ones, we will be becoming poorer, said Cezary Kaźmierczak. Economic law should be as deregulated as possible. We could use the already existing world patterns in this regard. What successfully works in Austria or in the UK may also successfully work in Poland. Maximally simplified economic law requires effective judicature which would ensure quick solving of economic conflicts, he added.

In this respect, ZPP recommends using the formulas proven in the Anglo-Saxon countries and introducing at least real division for minor and big economic cases. Another ideas is to change the tax system radically. The proposition “Remunerations+, Taxes-” prepared by the governing coalition assumes i.a. liquidation of revenue taxes and substituting them with income levies.

Authors of the document also presented their proposition regarding education system. Schools should cooperate with the locally operating entrepreneurs more closely. One of the proposed changes is to reduce the number of regulated professions (there are around 350 in Poland, only Hungary and Czech Republic have more). According to the authors of the paper, graduates of secondary and higher schools should have all of the necessary professional licenses.

“Even the best economic and tax law, or the most favourable conditions for running business won’t make a difference if the country doesn’t have enough citizens (…). In 2015, Poland had one of the lowest birth rates in the whole European Union – 1.32 – whereas the border of replacement of generations is 2.1.” – states the report. Only Portugal was in worse condition with the birth rate of 1.31. To face this problem, Poland ought to operate in three fundamental areas: augmentation in the number of births, attracting the emigrants to come back to the country, legalisation of stay of labour immigrants from countries such as Ukraine, Belarus, or Vietnam.

Finally, to compete with the most important players effectively, Poland need to perform effective economic policy. Basing on experience of countries like South Korea or Luxembourg and choosing a particular field, connected with new technologies would be very helpful in this regard. Such approach should be promoted and supported by all available tools.


Report: Strategy of legal and institutional competitiveness of Poland_pdf

How and when should the system of waste management in Poland be financed? – about new waste framework directives

17.11.2017

 

How and when should the system of waste management in Poland be financed? – about new waste framework directives

 

Meeting the European goals concerning implementation of new waste framework directives is a huge legislative undertaking. Creating an honest, clear, hermetic and effective system of waste management requires dialogue between the government, local authorities and business. If we want to achieve the recycling goals and change the existing waste management system, this dialogue should start as soon as possible – said the participants of the panel organised by Union of Entrepreneurs and Employers during the 590 Congress in Rzeszów.

At the beginning of 2018, new waste framework directives will be enacted. They will introduce ambitious recycling goals for 2030. Taking the level of underfunding of the system and scale of the improprieties existing in the current waste management system into account, new regulations will be very challenging for local authorities, business and administration. At the same time, the new law assumes implementation of an enlarged responsibility of the producers, which means that the waste management system will be financed more by the entrepreneurs introducing packages into the market. Entrepreneurs are willing to pay more for the packages they introduce, yet they expect an effective and hermetic package waste management system in return.

Participants of the panel wondered how and when should the new regulations be implemented to effectively use the higher financing of the system in order to realise the recycling goals the best; to the market and society benefit.

For the first time after 1989, the right-wing government addresses the topic of approaching environmental issues. We have to remember that we start from a level where gigantic incineration plants are present in each of our big cities. A lot of money has been put into this project. What is a real challenge for the Ministry of Development is to build a circular economy. The first step in this regard is to increase the amount of waste being reused by means of recycling and resource recovery, said Jadwiga Emilewicz, the vice-Minister of Development. In Europe, around 40% of waste is being recovered, in Poland it is around 20 to 25%. Our aim for 2021 is to reach the level of 61% of resource recovery. What is necessary to achieve it is higher consumers’ awareness.

Representatives of entrepreneurs noticed that enlarging the responsibility of producers means a significant rise of the expenses for the industry, which can result in rising prices for the consumers. They demand staggering the liabilities in time and thus beginning the works over implementation of the directives into the Polish law as soon as possible.

Applying such approach would help us avoid the shock and we could verify if the financing is well allocated and brings the anticipated outcomes. We would also have time to introduce corrections if needed. Another thing we would avoid is the cumulative inflation impulse which would strike the weakest social groups the most. Industry will not absorb the sharp augmentation of expenses – it would have to affect the product prices, said Krzysztof Baczyńśki, President of Eko-Pak.


Participants agreed that such profound legislative changes ought not to be introduced in the last moment and in a hurry.

When considering new solutions we must base on existing foundations, which means to leave the waste management under supervision of boroughs. We should also take existing business conditions into account. A lot of them have been shaped for many years and we cannot overlook them when creating new solutions. We should also keep as many of the free-market mechanisms as possible, simultaneously introducing new standards of enlarged producers’ responsibility, said Jakub Tyczkowski, President of Rekopol Organizacja Odzysku Opakowań S.A.

On the eve of the 99th anniversary of the National Independence Day the environment of Union of Entrepreneurs and Employers together with Warsaw Enterprise Institute presented the Project of the Constitution of the Republic of Poland

10.11.2017

 

On the eve of the 99th anniversary of the National Independence Day the environment of Union of Entrepreneurs and Employers together with Warsaw Enterprise Institute presented the Project of the 
Constitution of the Republic of Poland

 

On the eve of the 99th anniversary of the National Independence Day, the environment of the Union of Entrepreneurs and Employers together with Warsaw Enterprise Institute presented the first version of the Project of the Constitution of the Republic of Poland.

The project has been prepared under the management of professor Robert Gwiazdowski. The final version of the document will be presented at the 100th anniversary of the Independence Day.

“The current Constitution cannot be defended basing on its content. The only reason to defend it from those who wish to alter this documents is a political one. The negative evaluation of the Constitution and of functioning of the state exacts thinking in terms of the country, not of the current politics. Shaping such a political system which ensures citizens with the widest scope of rights and liberties possible, and guarantees effective functioning of the state should be the aim.” – we read in the first version of the document.

The main postulates in the Project of the Constitution are as follows:

• The Republic of Poland is a republic. This system is based on a principle “rule of law, not of people”,
• The rule of law shall be guaranteed by the Supreme Court composed of 44 judges. The first composition shall be chosen by means of common elections,
• Senat is a self-governing chamber. 1/3 of its senators shall change every 2 years,
• The elections: to the parliament and the presidential elections shall be performed in single mandate electoral districts, on 3 May – the Constitution Day,
• Swearing the president into office shall take place on 15 August, on the anniversary of the Battle of Warsaw,
• Local self-governments shall be granted more power since they govern themselves. They shall be single-instance. The administration shall be double-instance.

Authors of the project highlight that it reflects Polish tradition of republic and freedom. Simultaneously, it eliminates the solutions which led to the weakening of the state in the past.

They believe that citizens, only by basing on the constitution, should have clarity of what rights do they have, and what are the guarantees and borders of those rights. They should also be certain about the limits of the zone where they can freely shape their lives, and what might the possible reactions of the authorities to the citizens’ actions be.

No regulations can create the state’s prosperity. However, creators of the Basic Law ought to ensure that no group may gain advantage over another in a way precluding, or even hampering realisation of self well-being by the individuals.

More information about the project available on: https://zpp.net.pl/projekty/agenda-polska/

Project of the Constitution of the Republic of Poland

Inauguration of the new Union of Entrepreneurs and Employers from the Energy Sector

13.11.2017

 

Inauguration of the new Union of Entrepreneurs and Employers from the Energy Sector

On 13 November, in Warsaw, the Trade Union of ZPP gathering members form the energy sector (ZPP SE), which derives from the Union of Entrepreneurs and Employers (ZPP) started its activity. The founders of the Union are: enterprises from the energy sector and companies providing professional services in this field.


Main conclusions from the report “Road map of Polish electro-energy 2030+” – a scenario of the future of Polish electro-energy sector considering the newest legislations of the European Union – were presented during the inauguration meeting. Participants of the meeting could also get acquainted with the Energy Mix till 2040.

Marcin Roszkowski, the President of the Management Board and PhD Christian Schnell, the vice-President of the Management Board presented their concept of ZPP SE activity helping Poland to go through the key transformation of the energy sector.

Experts of the Union of Entrepreneurs and Employers of the Energy Sector will be issuing numerous reports on new perspectives of the energy sector and will be providing trainings and workshops in this topic. They will also work on creating new legislative environment. Members of the Union are: energy companies, companies dealing with innovative industry in the sectors of: energy, transport and energy-efficient constructing.

“We are a platform of exchange of professional knowledge, vital to create common vision of the future of Polish energy sector. We want to build solid image of the widely-understood energy sector. In Poland and worldwide.” concluded Marcin Roszkowski, the President of ZPP SE.

East-Central Europe loses its first battle concerning posting of workers

17.10.2017

EAST-CENTRAL EUROPE LOSES ITS FIRST BATTLE CONCERNING POSTING OF WORKERS

 

The project of the Report concerning Revision of the Posted Workers Directive has been adopted by the Employment, Social Affairs and Inclusion Commission of the European Parliament.

Provisions ensuring: remunerations for the posted workers equal to the rates existing in the receiving country, rules of the long-term posting (proposition of 24 months) and implementation of the principles of treating employees of the temporary work agencies in the same manner as permanent ones have been adopted. There have been 32 votes in favour, 8 votes against and 13 abstentions.

Adopting the report opens possibility of performing a trialogue negotiations between the European Parliament and the Council. The Members have issued 523 amendments to the 96/71/EC Directive “Posting of workers in the framework of services”. Committees of the European Parliament: IMCO and JURI have presented their opinions. The reporters and shadow reporters: Elisabeth Morin-Chartier (EPP, France), Agnes Jongerius (S&D, Netherlands) have negotiated the compromise solutions.

Trade Unions and European socialists supporting Agnes Jongerius are unanimous – they emphasise that the European Parliament wants to fight against unfair competitiveness and protect employers.

Countries of the old Union are not able to accept us as equal Members of the Union. All of the directives which are favourable for the old Union work perfectly (those concerning work, capital and goods). The only directive which doesn’t work well is the Service Directive – the one profitable for the new Union. Polish government ought to react to the French activity adequately. If Polish companies cannot compete in France, the reprisal is quite obvious – said Cezary Kaźmierczak, the President of ZPP. – We are aware that more harmful directives are being prepared and they may be even more destructive for us. If we don’t react firmly, we might face a threat of becoming merely a colony – he added.

After the voting, Martina Dlabajova, the MP from ALDE from Czech Republic stated as a representative of the minority that she didn’t vote in favour of adopting the report, since no consensus ensuring free flow of people and services in frames of posting of workers has been achieved.

The case has not been entirely lost yet – said Agata J. Boutanos, the head of the ZPP Branch Office in Brussels – we need Polish diplomatic offensive which would counteract this harmful regulation.

The meeting of the Ministers of Labour is planned for the 23 October in Luxembourg.

Report of ZPP: Entrepreneurs’ rights in Poland are respected on a moderate level. Simplification of law and taxes in needed

25.10.2017

Entrepreneurs’ rights in Poland are respected on a moderate level. Simplification of law and taxes is needed

 

Union of Entrepreneurs and Employers has examined how are the entrepreneurs’ rights respected in Poland. The conclusion from the report is that their rights are respected on a moderate level. There has been a slight progress in comparison to the previous year, yet the level of respecting entrepreneurs’ rights has been ranked to 30 points. According to ZPP we are not a country where the entrepreneurs’ rights are perfectly respected (in such a case the value of the index reaches 56+ points), but they are not commonly violated either (0-11 points according to the scale).

The following aspects have been studied during the research: certainty of law, right to be presumed honest, right to a transparent and fast court case, right to recover debts for customers, right to freely conclude contracts, and other areas.

Between 2014 and 2016, we have noticed a slight amelioration of the situation of people running their own business. In comparison to 2015, the index of “respecting the entrepreneurs’ rights in Poland” has risen from 26 to 30 points. However, we have to admit that it is a minor improvement – said
Kamil Rybikowski, a ZPP expert in the commercial law.

As the report shows, the main influence on the higher value of the index in 2016 had: decrease in the number of revoked tax decisions, decrease in the number of tax controls, and higher effectiveness in recovering debts from customers. Other areas stayed on the similar level as before. Similarly as in the previous years, the entrepreneurs’ rights are respected on a moderate level with a slight tendency to improve.

The current state of the sector of enterprises is certainly far from disastrous, there are improprieties in basically each element of the functioning of companies in Poland, however: in the judicature, fiscal administration, or legislations – commented Maciej Letkiewicz, a ZPP expert on tax law.

The fundamental impact on performing a business activity in Poland have: tax expenses and very complicated tax system. According to the analysts of ZPP, the too-high tax expenses together with their complicity and time-consumption might become a deterrent for creating new enterprises in Poland. It may also cause many entrepreneurs to flee to the grey zone. When examining this factor, only the taxes vital for a majority of the companies i.e CIT and VAT and tax expenses connected with employing under the employment agreements were taken into account.


For many entrepreneurs the volatility and uncertainty of Polish law is an enormous barrier of starting and running a company. Only in 2016, about 32 thousand new legislative acts were introduced in Poland. We are the record-breaker in this regard among other European countries – said Cezary Kaźmierczak, the President of ZPP. – What is comforting though is the decreasing tendency in the number of tax controls. Also the number of revoking tax decisions in relation to the number of appeals have dropped. It means that the tax bodies issue their decisions more prudently. Unfortunately, many of them are still faulty – he added.

According to ZPP the visible downward trend concerning the tax controls has been achieved due to higher specialisation of the tax bodies and using modern IT tools which helped to better select units for the controls.

In the report, we have also addressed the issue of VAT frauds which undoubtedly is a major problem in the activity of many honest entrepreneurs. They are the subject of the problem of shifting the responsibility for the tax frauds – said Kamil Rybikowski. Another vital matter for people running their own business is the financial solvency so they can realise transactions and actively participate in the business transactions. Depriving entrepreneurs of the VAT refunds, caused by shifting the responsibility for their contractors actions violate their solvency.

The other flaws are: low debt recovery effectiveness, inefficiency of companies registration system through the Internet, long-lasting law proceedings. For example, in 2016 more than 523 thousand commercial cases were finished in the common courts and almost half of them stayed unsolved.

The aim of our Report on respecting the entrepreneurs’ rights in Poland is to show entrepreneurs as citizens who, except of the variety of mandatory responsibilities towards the state, or employees, have their rights which ought to be respected. In this respect, many things still need to be amended. The amelioration, if it exists at all, is definitely too slow – concluded Maciej Letkiewicz.

The ZPP experts unanimously claim that to ameliorate the situation of entrepreneurs, reforms in the judicature ought to be introduced. Both on the level of courts and execution. We should also mention the ongoing and planned alternations concerning sealing the tax system, which would definitely influence the situation of our enterprises.

FILM SUMMERISING THE REPORT

 

 
 

Report of ZPP: Respecting the entrepreneurs’ rights in Poland

For members of the ZPP

Our websites

Subscribe to our newsletter