Purpose

The Polish Language Protection Act applying to all economic entities operating in Poland will come into force on 9 May 2000. The legislation process in the parliament caused many ardent discussions among parliamentary members, entrepreneurs and lawyers.

Does the identity of the Polish language need legal protection? During the last few years, the naming of products and goods in English, has become common practice. In many cases foreign names or their poorly translated Polish equivalents appeared inappropriate and out of place. However, the preamble to the Act provides that it is necessary to protect the Polish national identity in the process of globalisation.

Scope of Protection

The obligation to use Polish applies in the first instance to the names of goods and services, offers, advertisements, operation manuals, guides, terms of guarantee, invoices and receipts. Only brand names of products and goods may retain their original foreign language versions. In case of problems with finding appropriate Polish equivalents of products, companies may seek advice from the Polish Language Council.

The Act provides that any agreements executed in Poland and to which a Polish entity is a party must be drafted and executed in Polish. If foreign language versions are signed the Polish version shall prevail. This clause raises the most controversy. Currently if a Management Board member who does not speak Polish signs an agreement in a foreign language, it has been customary to prepare a court-sworn translation of this document for the records. Under the new Act, the agreement will have to be signed in Polish with the foreign language versions regarded as invalid. This provision has caused many interpretation divergences among lawyers. A change of this provision is anticipated in future, however in the meantime it generates more work for legal advisers and translators.

Legal Responsibility

Breach of the Act is subject to a fine and in case of a court award-a cash penalty up to PLN 100,000.

What does this signify for employers?

The new Act has great significance for companies with foreign shareholding operating in Poland. As of 9 May 2000 their HR Departments will have to ensure that all employment documentation is prepared in Polish. Particularly Labour Inspectors and court officials at proceedings of the Labour Court will regard documents prepared in foreign language versions as invalid. Once the new Act comes into force, employees may also refuse to accept a document or to comply with an instruction delivered to him/her in a foreign language version only (for example, a notice of termination).

Employers will also have to ensure that all job positions have their Polish equivalents and forget such frequently used descriptions as HR Manager, Account Officer or IT Specialist.

Foreign companies will be able to use two language versions (foreign and Polish) for names of departments and positions on their business cards and in other relevant documentation. This is common practice among many international firms operating in Poland. Accordingly, the new Act will not promote Polish but bi-lingual names of goods and products.