Praca i Zabezpieczenie Społeczne (Work and Social Security) 2020/12
Category: Praca i Zabezpieczenie Społeczne
Published: Thursday, 14 January 2021 08:02
Written by Editor
- The future of the autonomy of European social partners is unclear. Pending judgment in EPSU V. European Commission (3-9)
The subject of the article is the judgment of the General Court of the European Union of 24 October 2019 on the Agreement of European sectoral social partners of 21 December 2015 "General framework for informing and consulting officials and employees of the central government administration". The judgment is the result of a complaint by the European Federation of Public Service Trade Unions (EPSU). This judgment and the future final ruling by the Court of Justice of the European Union (following an appeal by EPSU) will be of key importance for the functioning of the European social dialogue mechanisms. According to the author, the ruling in question allows to pose questions about the role of the European Commission in this process.
- Directive on work-life balance of parents and carers - challenges for Poland (10-19)
The balance between work and family responsibilities is an important issue in modern society. The relationship of subordination and dependence of the employee, which characterizes the employment relationship and distinguishes it from other employment relationships, places the employee in a difficult position in terms of control over his own professional life and balancing it with private life. Participation in gainful activity often involves the sacrifice of the private life of the worker, which makes the exchange between the parties to the employment relationship no longer fair. Family life is the most vulnerable to conflict between work and private life. This becomes a critical challenge for many workers, especially women with family responsibilities. This paper aims to present an analysis of the recent legislative intervention of the European Union in the conflict between work and private life - the Work-Life Balance Directive and Poland's place in this picture. The analysis reveals some limitations of the existing legislation as regards the conditions for reconciling work and family responsibilities by caregivers.
- Self-employment or subordinate work? The cases of Italy and Spain (20-28)
The aim of the article is to analyze the legal regulations concerning self-employment in Italy and Spain. Taking into account the fact that both countries are characterized by a dualism between subordinated work and self-employment, the author pays special attention to legal figures that do not easily fit into this division, namely economically dependent self-employed workers (the Spanish case) and cooperation organized by the client and coordinated cooperation organized by the contract taker (Italian case). It also tries to answer the question whether the Polish legislator can draw conclusions from the foreign regulations described in the article.
- National Scientific Conference "Young Workers in the Labor Market - Opportunities, Problems, Threats" - report (29-30)
The aim of the report is to present the course of the National Scientific Conference "Young workers in the labor market - opportunities, problems, threats", which took place on November 20, 2020. The event was organized by the University of Silesia in Katowice - the Institute of Legal Sciences, the Social Insurance Institution and the "Opus per laborem" Scientific Circle of Labor Law. The conference was of an interdisciplinary nature and was an opportunity for an intensive scientific debate on an important, current issue - the employment of young people.
- Representation of the employer in the area of performing labor law activities (31-36)
The article concerns the interpretation of Art. 31 of the Labor Code regulating the representation of the employer in the scope of performing activities in the field of labor law. The author discusses the meaning of the concept of activities in the field of labor law, the concept of a person and a governing body, the method of appointing another person to perform the above-mentioned activities, as well as the effects of subjective defect on the part of the employer when performing activities in the field of individual employment relationships.
- Amendment of regulations governing employment certificates - selected legal problems (37-44)
The subject of the article is the assessment of the amendment to the regulations governing employment certificates. The main goal of the changes introduced in 2019 was to adopt solutions that would make it easier for employees to exercise their rights to obtain an employment certificate from an employer. The author focuses particular attention on the modification of the date of issuance of this document and on additional claims that the legislator granted the employee to the labor court related to the employment certificate. The first relates to the employer's obligation to issue an employment certificate in the event of failure to issue this document, and the second to determine the entitlement to receive an employment certificate in cases where the employer does not exist or for other reasons it is impossible to bring an action against him to oblige the employer to issue an employment certificate. . The changes made to the Labor Code resulted in the amendment to the provisions of the Code of Civil Procedure, which introduced non-litigious proceedings in labor law cases into the legal system.
- On workers' rights in global supply chains (45-51)
The author discusses the issue of protecting employees' rights in global supply chains. It discusses the impact of business on human and employee rights, which is more complex in the case of multinational companies. An important element of it is the issue of liability for the infringements of employees' rights caused in the state where the parent company is based. It is supported by international and European regulations, internal regulations (national law) in force in individual countries and the latest judicial decisions.
- Group layoffs - the method of calculating the 30-day period on which the qualification of the dismissal as part of a group layoff depends (52-54)
In its judgment of 11 November 2020 in Case C-300/19, UQ v. Marclean Technologies SLU, the Court of Justice of the European Union defined a method for calculating the 30 or 90 days period to be taken into account for the purposes of determining whether a given exemption is a partial a group dismissal within the meaning of art. 1 clause 1, first paragraph of Directive 98/59. According to the Court, in order to assess whether an individual dismissal is part of a collective dismissal, the reference period is calculated taking into account any period of 30 or 90 consecutive days, including individual dismissal, during which the employer carried out the greatest number of dismissals for reasons not related to employees.
- Working hours of people with disabilities (55-58)
The subject of the study is the jurisprudence of the Supreme Court on the nature of legal norms regulating working time limits for disabled people.
- Release from work during the notice period (59-59)
- Review of Journal of Laws of 2020 from item 1931 to pos. 2156 (60-63)
Praca i Zabezpieczenie Społeczne (Work and Social Security) - the whole list