The Ombudsman for Small and Medium-Sized Enterprises
- protects the rights of micro, small and medium-sized enterprises;
- requests the relevant public authorities to amend regulations that are harmful to the development of entrepreneurship or to introduce regulations that will improve the functioning of entrepreneurs in Poland;
- makes sure that the provisions of the Business Constitution are implemented;
- contacts competent public authorities to obtain interpretations of regulations, legal clarifications;
- informs the competent supervisory or control bodies of irregularities in the functioning of public administration bodies;
- requests the initiation of an investigation or disciplinary procedure against officials;
- lodges an extraordinary complaint with the Supreme Court;
- informs the competent authorities of perceived barriers and obstacles in the scope of conducting business activity in the territory of Poland;
- participates in works on draft bills that directly affect the SME sector;
- requests the initiation of administrative proceedings, lodges complaints and cassation appeals with an administrative court and participates in the proceedings – with the rights of a public prosecutor.
"Dziesiątka" programme (the Ten) of the Ombudsman for Small and Medium-sized Enterprises
- Reform of the Social Insurance Institution (ZUS) for entrepreneurs
- Minimum wage at half the average wage
- Ban on imposing new bureaucratic obligations by the legislator for micro-entrepreneurs and reduction of the existing ones
- Amendments to the economic law imposing obligations on entrepreneurs at least six months in advance
- Settlement on lump sum on revenues without restrictions, adjustment of rates to the possibilities in individual industries
- Inability to suspend the liability time limit as a result of the initiation of penal and fiscal proceedings
- The Board of Appeal with the participation of representatives of professional associations and offices
- Real disciplinary and property liability of officials
- Limitation of the practice of abuse of pre-trial detentions related to economic crimes
- Shortening the duration of economic proceedings
Competence of the Ombudsman for Small and Medium-sized Enterprises:
The Ombudsman may only get involved in cases between an entrepreneur and the office, local self-government or state institution. The person holding that position is not authorised to act in disputes between entrepreneurs.
Due to Intervention Powers, the Ombudsman is able to:
- request public authorities to provide explanations, information or access to files and documents in matters related to specific entrepreneurs;
- support entrepreneurs at the stage of administrative proceedings and, if necessary, lodge a complaint to the administrative court;
- request relevant offices to provide legal clarifications of particularly complex regulations concerning business activities;
- in the event of discrepancies in the application of the law by courts, refer the problem to the Supreme Administrative Court or the Supreme Court.
What does the Ombudsman do?
The Ombudsman acts ex officio or on request.
Upon reviewing the case:
- the Ombudsman gives the applicant advice on his/her rights and what actions can be taken;
- refers the matter to the appropriate authority;
- refuses to take action and informs the applicant accordingly.
The tasks of the Ombudsman:
- issuing opinions on draft legal acts concerning the interests of entrepreneurs and the principles of commencing, performing or terminating economic activities in the territory of Poland;
- cooperation with non-governmental, social and professional organisations the statutory goals of which include the protection of entrepreneurs’ rights;
- cooperation with associations, civic movements, voluntary organisations and foundations as well as with foreign and international bodies and organisations that promote the protection of the rights of entrepreneurs and respect the principle of freedom of economic activity and equal treatment;
- initiating and organising educational and informational actions related to the performance of economic activities on the territory of Poland, in particular in the field of entrepreneurship and economic law.