Batman is known to be a superhero. In reality, however, it is an ordinary man, Bruce Wayne, without super powers. Bruce spends the day normally, and at night he puts on a mask to fight evil.
For the purposes of this article, however, let us assume that our present Batman operates in the day, without a mask on his face, in the name of a higher idea and in accordance with applicable law.
Moreover, it opposes discrimination, defending the interests of a particular group, both in contact with authority and in daily clashes with others.
Getting to the point... As you know 30 April 2018 will enter into force the package five laws, collectively called the Business Constitution. It shall consist of:
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- Act dated 6 March 2018 – Business law;
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- Act dated 6 March 2018 – Provisions introducing the Act – Business Law and other laws concerning business activities;
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- Act dated 6 March 2018 Central Register and Information on Business Activity and Information Point for the Entrepreneur;
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- Act dated 6 March 2018 the Ombudsman of Small and Medium Entrepreneurs;
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Act dated 6 March 2018 on the rules for the participation of foreign entrepreneurs and other foreign persons in economic trade in the territory of the Republic of Poland.
It is assumed that the key law under the Business Constitution is the Business Law determining, as the name suggests, the most important rights of the entrepreneur and the principles of doing business. Today, however, we will focus on the bill setting up a new body, namely the spokesperson for small and medium-sized entrepreneurs.
We have a whole range of ombudsmen in our country, e.g. the Ombudsman, the Financial Ombudsman, the Ombudsman of Children's Rights, the Consumer Ombudsman, the Ombudsman of European Funds, the Ombudsman of Public Finance, the Ombudsman of Patient Rights, the Ombudsman of Insured. And soon – the newly added "pantheon of oppressed defenders" – a spokesman for Small and Medium Entrepreneurs.
SMEs Poland stands
As you can see, many groups in Poland are protected by the spokespersons assigned to them. Now it's time for entrepreneurs. It is worth noting that according to available data the micro, small and medium-sized enterprises sector in Poland generates more than 50% GDP and creates almost 75% all jobs in Poland.
It is therefore vital to focus on its needs, including in particular the standardisation of the rights and obligations that concern this sector. It is therefore not surprising that the most dedicated programmes and changes in economic law are being developed for the SME sector.
In recent years, when consumer protection has increased and many different types of cases have been affected by ombudsmen, traders have complained that consumers have too much protection in the enforcement of their rights. The small and medium-sized enterprises have just spoken loudly.
They felt that, in comparison, a small entrepreneur – the consumer is not equal in pursuing his rights and interests, and even more so on the line a small entrepreneur – the legislator. According to their position, the existing law focuses too much on protecting consumer interests without giving second A worthy protector.
With this package five the legislature undertakes to regulate this state of affairs. In this way, it shows the public that it bends over even the "little ones", giving them a defender and establishing a field for a dignified fight for its interests.
In defense of entrepreneurs
Act dated dated 6 March 2018 the Ombudsman of Small and Medium Entrepreneurs clearly defines the requirements, future responsibilities and rights related to the activities of the new body.
Its key task will be to uphold and protect the rights of entrepreneurs, especially those in the micro, small and medium-sized enterprises. The Ombudsman will carry out the activities resulting from the Act, acting both ex officio and upon request, and the request for action may be addressed by the entrepreneur or business organisation. It should be stressed here that most of the duties and possibilities of the Ombudsman have not yet been attributed to a specific entity.
The Ombudsman as a state office, after the entry into force of the abovementioned Act, will be appointed by the Prime Minister at the request of the Minister of Economy. His term of office will be six years, which is to guarantee independence from the political situation, not to involve the dominant position of the party or the president.
A person who, apart from being a Polish citizen, enjoys full public rights and has not been convicted by a final sentence for intentional crime or wilful fiscal criminal offence, It also distinguishes itself from the knowledge of entrepreneurship and legal regulations that form the business environment and has at least five years of experience in carrying out business activities or representing business interests, or creating or applying economic law.
In summary, in the assumptions of the legislator, the Ombudsman of Small and Medium Enterprises, like other spokespersons, will stand up for the smallest entrepreneurs, working to improve their situation. We will look at this with curiosity – there are high hopes in this institution.
The history of spokesmen in Poland has shown us extremely interesting and brave personalities, but there is always room for others. So, aside from the outfit and the time of action, we are waiting for a new Batman, fighting this time to defend the rights of entrepreneurs.