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The Warsaw Voice » Law » February 18, 2009
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LAW IN BRIEF
February 18, 2009   
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New Rules for Non-EU Workers
Two new ordinances have recently been issued in Poland to regulate the issuance of permits for the employment of foreign workers.

The first ordinance contains new forms of applications for permits to employ non-EU foreigners. It shortens the time during which the county authorities have to examine the labor market in order to check whether there are no local workers who could do the job offered to the foreign worker. The time has been shortened from 30 to seven days, or 14 days if the authorities decide to carry out recruitment among the local unemployed.Under the other ordinance, if the province governor has issued a permit to employ Ukrainians, Belarusians, Russians and nationals of countries with which Poland has signed an agreement "on cooperation in the area of job migration," the county authorities are not required to examine the labor market if the foreigners are expected to work as house help or nursing care providers. Additionally, the county authorities will not have to examine the market if the application for a work permit is filed by an employer who has already employed the worker for at least three months.


Domestic Violence Targeted
The government Feb. 3 approved a draft amendment to the law on counteracting domestic violence. The draft bans parents from punishing their children in a way that violates their dignity and from making them suffer mentally and physically.

Under the legislation, a parent who violates the ban can be ordered to take part in special correctional and educational therapy classes. If the offender abuses alcohol, the person will have to undergo drying-out treatment and take part in correctional therapy to have his or her penalty suspended.

The draft gives more powers to social workers. They would have the right to take a child away from the parents if they decide that its well-being or life is endangered. No previous court order will be needed to take the child and place it in a foster family. The social workers will have up to 24 hours to notify the court about it and will have to be accompanied by police officers and healthcare workers when collecting the child.

The draft also provides for introducing free forensic examination by a general practitioner and an order to leave home for domestic violence offenders. The draft amendment will now be sent to the parliament for review.


Prison Reform Planned
The Justice Ministry plans to overhaul the prison service, make it more transparent and ensure that staff are better qualified.

Under a new law soon to be debated by the government, prison officers would face more stringent entrance requirements and would need to have an unblemished reputation. The lack of a criminal record will no longer suffice. They will also have to sign an oath of secrecy.

A new training center is to be built for prison officers and passing various levels of training will be a prerequisite for entrance to, and promotion within, the service. Staff will also be required to stay in shape and there will be training camps to see that they do.

Prison officers will be allowed to use weapons in more situations. These will include preventing escape from a convoy. They will also be equipped with electronic devices to incapacitate prisoners.


Legal Language Competition
Lingua Iuris, a University of Warsaw society that focuses on the study of legal language, is once more holding its "Język u wagi" competition in conjunction with the University of Warsaw Association of Law and Administration Faculty Graduates.

The competition is open to Polish college students and the aim is to write a paper on legal language. Entries have to be in by March 30.

Winners will be announced and awards presented during the national "Law, Language and Ethics" academic conference, which is being held in connection with the Third Nationwide Legal Spelling Test, at the Auditorium of the former Warsaw University Library April 3.

Visit www.iuris.uw.edu.pl for further details.


EU Introduces Common Regulations
EU Regulation No. 864/2007 came into force Jan. 11, introducing common rules for defining which country's law should be applicable to deal with an infringement of intellectual property rights or unfair competition. The regulation also deals with other issues such as product liability, environmental damage, and industrial action.The regulation does not apply to revenue, customs or administrative matters or to the liability of the state for acts and omissions in the exercise of state authority.
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