#bjlawyers

The rights and obligations of an employer or employee or a co-worker are fascinating topics for us, and we take great pleasure in working in this area.

We deal with issues related to labour relations, Employee Capital Plans and relations with trade unions, as well as social labour inspection. In this field, we offer ongoing advisory services, preparation of internal labor law acts – work regulations, remuneration regulations, premium regulations, preparation of documentation – employment contracts, recruitment procedures, non-competition agreements during the employment relationship or after its termination, training agreements, various agreements, statements regarding termination of employment, support in determining strategies for employment policy or anti-crisis solutions, preparation of documents for the National Labor Inspectorate, preparation of documents and regulations or resolutions related to health and safety at work.

Moreover, we handle issues related to the Company Social Benefits Fund. In this regard, we can draw up regulations of the fund and rules for payment of benefits for the given year.

We also advise on the conclusion of contracts of mandate, cooperation agreements – the so-called contracts with co-workers.

We will also support you in drawing up documents which are not obligatory for employers but constitute elements of image and employers’ welfare policies, such as procedures against mobbing.

Our passion is personal data, which is literally everywhere, so we keep our eyes and ears open at all times, not just when someone says GDPR.

We deal with matters related to personal data protection, especially GDPR implementations. In this field, we offer comprehensive verification of your business in terms of compliance of personal data processing with the applicable regulations (GDPR); mapping of business processes related to personal data processing; preparation of relevant documents, including information clauses, consents, registers of data processing activities in processes, agreements on entrusting of processing of personal data (from the perspective of the controller or processor) or granting access to data, authorizations to process data, procedures for reporting data protection infringements or transferring data to third countries, or regulating the issue of safeguards used and data processing methods; determination of the obligation to appoint a personal data protection officer (DPO); analysis and updating of the documents used by you.

Personal data protection is primarily concerned with analyzing the risk of data protection infringements and assessing the consequences of such infringements, which is why we will support you in carrying out the risk assessment process – not only by preparing appropriate procedures that will allow you to effectively determine whether you properly protect personal data, but also by guiding you through the process in an accessible and understandable manner. We will ensure that you adequately document the risk assessment. We will also assist you in selecting organizational, legal and technical compliance and security measures for the processing of personal data.

We will also support you in the legal application of various forms of monitoring (e.g. video, email, GPS). We will advise and prepare appropriate documents for your website (privacy policy, cookie policy).

In case of control by the supervisory authority (President of the Personal Data Protection Office) or in case of necessity of reporting the personal data protection infringement, we can represent you in the proceedings before this authority.

Personal data security is an important element of a safe business, therefore it is worth taking care of it, and by properly protecting personal data, you simultaneously protect information that constitutes company secrets.

Albert Einstein said that ‘the hardest thing in the world to understand is income tax’. We agree with this thesis, but having studied taxes with passion, we find that there are also more difficult issues 😊 we are ready to support you in your journey through the maze of taxes.

We deal with tax issues. In this regard we offer, among others ongoing advice, drafting applications for individual interpretations, support in tax planning, preparation of the necessary documentation, as well as the relevant procedures.

We provide support in matters related to personal income tax (PIT), including issues concerning tax residency, joint taxation of spouses, settlement of losses, income not covered by the disclosed sources or coming from undisclosed sources, flat tax, deductible costs and depreciation allowances, bad debt relief, exchange rate differences, deductions, transfer pricing, lump sum, anti-crisis shields, gratuitous benefits, tax exemptions, IP BOX and other issues.

We deal with corporate income tax (CIT), including issues relating to tax capital groups, transfer pricing, gratuitous benefits, mergers and de-mergers of capital companies, operating and finance leases, withholding tax, CFC (Controlled Foreign Company), taxation of dividends and royalties, deductions, R&D tax credit, 9% rate, revenues from buildings, debt financing costs, exit tax, exemptions and other issues.

We can also support your business with advice on Value Added Tax (VAT) issues, including issues related to the taxation of goods and services. We can assist your business in VAT (Value Added Tax) matters including export, import, intra-community acquisition of goods and intra-community supply of goods, call-off stock, selling a business, selling a real estate, new means of transport, distance selling, conditions for 0% tax, chain transactions, import of services, deduction of VAT, refund of VAT, bad debt relief, invoicing, additional tax liability, The White List, split payment, exemptions and other issues.

We also advise on matters involving other taxes, including but not limited to civil law transaction, inheritance and donation tax, real estate tax, excise tax and tax on means of transportation.

We also assist in matters concerning international and EU tax law (double tax treaties, MLI Convention, resolution of double taxation disputes).

If necessary, we can also represent you in tax proceedings (including before the head of the tax office or the director of the tax administration chamber).

We also deal with issues relating to fiscal penal responsibility.

We provide both comprehensive and ad hoc solutions for entrepreneurs as well as foundations and associations. In this respect we offer establishment of new entities and liquidation of existing ones, drafting of resolutions of relevant bodies, filing of documents with the National Court Register, support in drafting or providing opinions on legal acts at different stages of the legislative process, corporate audits or ongoing legal services. We can support you in drafting, reviewing and negotiating contracts or agreements, in particular those tailored to the specific nature of your business, and their amendments. We will also prepare regulations and model contracts (General Terms and Conditions), including documents adapted to consumer trade. We will help you with issues related to the protection of confidential information, non-competition, business secrecy and acts of unfair competition – we will prepare or give our opinion on agreements, as well as analyze and propose appropriate safeguards in connection with the protection of confidential information or business secrecy. We will support you in taking action to protect the reputation of your business. We will also advise you on company transformations, mergers and divisions (M&A) as well as on bankruptcy and restructuring matters. We will support you in implementing regulations aimed at preventing money laundering and terrorist financing (AML), establishing the status of the beneficial owner. We will also prepare an anti-corruption policy.

We provide legal support in everyday matters. In this respect we offer: problem and document analysis, proposing a legal solution, preparing or giving an opinion on documents and legal consultations. We will prepare a draft contract of sale, donation or loan, explain what is acquisitive prescription and when you can acquire property this way or how to properly prepare a testament and conduct disinheritance. If your case falls within our area of expertise, we can take whatever steps are necessary to resolve it. We will review your termination notice, determine whether you are entitled to severance pay, prepare an application for correction your employment certificate, identify the tax consequences of a transfer of copyright, review a doctor’s or nurse’s contract. We will support you in taking action to protect your personal rights.

We are particularly close to issues concerning medical entities, including those with contracts with the National Health Fund and pharmaceutical companies, especially in the field of advertising of medicinal products. In this respect, we offer preparation of regulations of a medical entity, providing opinions or drafting agreements with doctors/nurses, pharmacies, pharmaceutical wholesalers, marketing agencies and providing opinions on materials used in advertising. We will prepare sponsorship agreements, training agreements, webinar agreements and lecturers’ agreements.

Each of us, at least once in our lives, has used the services of a trainer, physiotherapist, gone to the gym or bought sports equipment to practice sports at home, as well as visited a beauty salon or aesthetic medicine, used the services of a spa or went to the drugstore to buy cream or shower gel. We are not just the recipients of such services – we make sure that trainers, physiotherapists, beauticians, gyms, equipment and cosmetics manufacturers and store owners can develop their passions while we can ensure the legal safety. In this respect, we offer preparing or providing an opinion on contracts, including contracts with trainers, instructors, beauticians, club members, suppliers, as well as lease of premises or sale of real estate; creating gym regulations or documentation for a beauty salon.

We support an important branch of tourism which includes the meetings and events sector, i.e. meetings, incentives, conferences, exhibitions (MICE). In this field, we offer comprehensive services for the activities of entities in this sector (including event or marketing agencies), preparing contracts, regulations of competitions, terms and conditions of organizing actions and granting bonuses.

We support one of the most diversified sectors including fast moving consumer goods (FMCG). We are aware that the number of legal regulations and rapidly changing laws are not favourable for conducting business in this sector. Ignoring them may result in legal and business risks. We can draft and review business contracts, general terms and conditions, marketing and discount policies and various regulations. We will also help you with matters related to the protection of intellectual property (e.g. trademarks), competition issues and consumer rights.

We will also advise you on matters related to product safety, including food safety.

In addition, we will help you develop legal solutions for Internet trading platforms.

We observe the business growth on the Internet every day, both as recipients and creators. Therefore, we are happy to provide comprehensive legal services for e-business (for existing stores or services, as well as newly created ones). In this respect we offer preparation or verification and updating of necessary documentation, including rules of stores or services (providing services at a distance), consent to receive commercial information, data processing notice and privacy policies in accordance with GDPR; preparation or verification and updating of purchase regulations and complaint procedures; preparation of documents for profiles in social media or shopping platforms; ongoing legal support, especially in case of consumer withdrawal or product complaints (under warranty or guarantee).

What would the world be without the constant development of new technologies? It is hard to imagine, as technologies accompany us not only in private life, but also in running a business. In this regard, we offer the preparation or review of so-called IT contracts (including agreements with service providers), agreements on the transfer of rights to source codes, service level agreements (SLA), logo agreements, implementation or license management agreements, non-disclosure agreements (NDA). The rapid development of new technologies and the IT sector requires appropriate legal support. That is why we always react not only quickly but also in flexible and creative way.

‘Humanity has long since run down the clock on climate change. It is one minute to midnight on that Doomsday clock and we need to act now.’ These important words were said during UN climate change conference (COP 26). We support activities aimed at popularizing green energy and protecting nature because we care for a safer planet.  

Our practice covers issues related to environmental protection and renewable energy sources. We consult on environmental issues concerning investment process and others. We also analyze the risks associated with causing environmental damage. In addition, we deal with issues relating to environmental impact assessments.   

We can also advise you in the waste management sector, including matters relating to relevant permits, storage and transport of waste, Waste Database issues, also in an international context. 

We advise on existing and planned RES projects, including photovoltaic, solar panels, heat pumps and wind farms. We believe that RES is an industry with a very large potential. 

We believe that the basis of a well-functioning business is people, order in documents and properly planned work, therefore it is important for every business to create rules for its functioning. We provide legal support enabling your business to operate in accordance with legal regulations. We will prepare procedures, regulations and codes of conduct; train employees and co-workers in their duties so they are aware that their actions affect your entire business and have legal consequences; prepare contracts; and conduct audits of the application of implemented regulations and codes of conduct.

We want you to feel safe, and the way to ensure such safety is to get to know your business, find irregularities and help eliminate them.

We can conduct a comprehensive (legal and tax) examination of the state of your business or specific assets or areas and issues, which will allow us to identify and highlight the legal risks associated with them, and then make recommendations for further action leading to the elimination of these risks. We will provide you with detailed information about your business, including its profitability, as well as opportunities for growth and improvement of business security. In this field, we will analyze internal documentation, document templates and agreements as well as applied solutions. We will also discuss with you and your personnel and later we will introduce you to a plan of actions to be taken in order to eliminate the mapped risks. Moreover, we will show you the areas where possible legal risks may occur in the future.

Most often, audits are conducted in the case of merger and acquisition transactions, increased risk of control by competent authorities or in the case of implementation of new solutions and organizing business.

Keep in mind that the ongoing control of your business (through the conduct of regular audits) will protect your interests, may protect you from various types of liability and have a positive impact on the image of your business and its transparency. These benefits of audits will improve the comfort of running your business.

We believe that finding a way out of any situation may be simpler. You just need to talk. Therefore, we will support you in negotiating contracts, terminations, agreements, as well as in matters at the pre-litigation stage – we can represent you or your business at negotiation meetings or draw up appropriate documents, including settlement agreements and various summonses.

We can represent you before a common court, administrative or disciplinary authority. We will also draft pleadings (including a lawsuit, appeal, application or complaint) and provide professional handling of the proceedings.

We represent employers (employees’ claims) as well as in cases concerning Social Insurance Institution; employees – in disputes with the employers; entrepreneurs and individuals.

We can also help you in tax disputes (checking operations, tax inspections, customs and tax audits, tax proceedings, proceedings before administrative courts and enforcement proceedings).

Additionally, we deal with issues relating to criminal liability (including economic criminal law), fiscal criminal liability and liability of collective entities.

We conduct cases throughout Poland.