Business Opportunities for Ukrainian companies in Poland

Together with our colleagues from the Polish law firm Wardynski & Partners, we were happy to share our knowledge and insights about the opportunities that Poland offers to the IT community.  We hope that this useful information will allow participants to make important business decisions and get support in these difficult times, – Yuliya Semenii, Asters partner, emphasised.

Supporting the country’s economy is paramount to victory and future recovery.  This means that some Ukrainian enterprises that may experience losses will have to diversify their business to ensure continuity of activities. The IT industry is also vulnerable. In our opinion, three main issues are key when relocating IT companies to Poland: the personal status of employees, taxation and intellectual property issues, – Piotr Golendzinski, partner and attorney at Wardynski & Partners, assures.

1. The Polish business environment is more favorable than ever for Ukrainian business. Procedures have become as simple as possible. A work permit is no longer required, the only requirement that Poland imposes is a simple registration, thanks to which you can legally work and perform business activities. When creating their own company in Poland, citizens of Ukraine have the same rights as the local population.
2. As a general rule, the labor legislation of Poland applies to people who work in the territory of this country. Basically, work relations are formalised in the form of an employment or civil law contract. There are also 3 scenarios for employment in Poland: work for a Polish legal entity, work in Poland for a foreign legal entity and work abroad for a legal entity located in Poland – the application of labor legislation depends on this.
3. Taxation depends on the scenario that a person chooses for his form of employment. If the Ukrainian company has a permanent representative office located in Poland, part of the income will be taxed according to Polish legislation.
4. All products created by IT companies and entrepreneurs are inextricably linked with intellectual property rights. Depending on which of the above scenarios the company chooses, specific legislation will be applied. The most important thing to keep in mind is to carefully regulate all provisions regarding the protection of intellectual property in the contract, and also contact lawyers for the correct interpretation.