Regulating the Franchise Issue in Poland: Timeline of Recent Events

Autumn 2022/Winter 2023: PRETENDED MOVES

1.     The Ministry of Justice Promises a Franchise Law: Link

2.     Two Consultative Meetings at the Ministry of Justice: Suggestions for the draft law are being submitted and discussed at both meetings.

January 2023: EXPERT APPEALS

1.     Prof. Artur Nowak-Far from the Warsaw School of Economics publishes a fundamental text in “Rzeczpospolita” (Link) about "franchising" the economy, presenting economic arguments for the regulation of franchising.

2.     Prof. Rafał Adamus from the Opole University suggests that the Office of Competition and Consumer Protection (UOKiK) could oversee franchising: Link

3.     Anna Wiewiórkowska, a specialist in European private law, questions in DGP: “If a large part of society cannot understand the bus schedule at a stop, how can we expect small entrepreneurs to understand typically very complex contracts?” Link

March - April 2023: STAGNATION. TIME IS RUNNING OUT

1.     No Information Available: The Ministry of Justice claims that the draft law exists but does not show the draft text.

2.     Unofficially, it is heard that the franchise law is a victim of the conflict between Minister of Justice Z. Ziobro and Prime Minister M. Morawiecki.

3.     The Prime Minister's Office Delays Including the Draft in the Government's Legislative Work List: “Wiadomości Handlowe” reports on the matter.

May 2023: THE SAIF ASSOCIATION TAKES MATTERS IN ITS OWN HANDS:

1.     No Draft Law: The draft is still not available.

2.     Time is Running Out: It’s getting late. Holidays are approaching, and elections are in the fall. If the law is to be passed in this term, action needs to be taken.

3.     Conference Organized with NSZZ “Solidarity”: “Work and the Functioning of Franchising in Poland: The Need for Comprehensive Regulation Against the Background of Previous Market Experiences and Potential Risks for the State”. Together with NSZZ “S”, we appeal to the Prime Minister to expedite the process. Link

4.     Minister of Justice Z. Ziobro Cancels, Last-Minute, Participation in the Conference: His representative avoids specifics and discreetly leaves after the first coffee break.

Summer 2023: MINISTRY OF JUSTICE AWAKENING. UNFORTUNATELY, TOO LATE

1.     End of July: After 7 months in limbo, the franchise law draft is added to the government’s work list.

2.     August 1: Finally, the draft law aimed at strengthening the position of franchisees at the expense of franchisors is revealed. Unfortunately, it is not a special law but a collection of scattered provisions. NSZZ “S” criticizes the draft as insufficient.

3.     Activist Jan Śpiewak Takes Interest: He conducts an interview with the president of our association and a former Żabka franchisee. The interview garners over 660,000 views and more than 5,000 comments.

4.     A Flood of Complaints Begins: Individuals affected by franchise networks start reaching out to us, sharing their stories and evidence of exploitation.

5.     By the End of August: It becomes clear that the Sejm will not address the franchise issue in the final stage of its term.

September 2023 - Present: NEW PARLIAMENT TERM, NEW DRAFT LAW

1.     Onet Reports on Franchise Abuses: The issue gains attention.

2.     United Right Uses Franchising in Election Campaign: The coalition that promised to pass the law now includes franchising in its campaign. Deputy Minister of Justice M. Warchoł suggests (paraphrased) that if we want order in franchising, we must vote for the United Right. PiS includes franchising in its election program.

3.     Pre-Election Preparations: We are already thinking about the next term. The Left starts taking an interest in franchising.

4.     Conference Organized in the Sejm: Discussions on franchise regulation are held with participation from MPs of the Together Party: Agnieszka Dziemianowicz-Bąk, Maciej Konieczny, Katarzyna Kotula, as well as Left-wing parliamentary candidates Marta Stożek and Magdalena Madzia, Alfred Bujara, Secretary of the National Trade, Banks, and Insurance Secretariat of NSZZ “Solidarity”, and Prof. Artur Nowak-Far from SGH.

5.     Left Announces New Draft Law: The new draft is expected to address employee aspects neglected by the Ministry of Justice’s draft.

6.     At Year’s End: The government of Prime Minister M. Morawiecki introduces a franchise regulation draft, but it is clear that it has no chance of success. In February 2024, the project is withdrawn from legislative work by the government of Prime Minister D. Tusk.

7.     Despite Withdrawal: Minister Adam Bodnar confirms the need for continued work on franchise regulation, and Deputy Minister Arkadiusz Myrcha is appointed to handle the issue. However, no final decision has been made on whether the Ministry of Justice will continue to lead the regulation or if it will be transferred to one of the economic ministries, primarily the Ministry of Family, Labor, and Social Policy, led by Minister Agnieszka Dziemianowicz-Bąk.