- Influence of the preference rule of employee preference to the relationship of the provisions of collective agreements with the provisions of state acts of lawmaking and the Constitution (3-11)
In the article the problem was addressed the constitutionality of the rules of privilege employee in the scope specified in Art. 9 § 2 of the Labor Code The purpose of the article is to justify the claim that the principle in question is de lege lata constitutional, and to indicate its more important consequences. In order to achieve the set goal, the author carries out an analysis of relevant legal regulations at various points in time and uses theoretical and legal concepts, such as primarily the integrated concept of legal principles or the concept of typological linguistic content of a predicate. - Legal status of trade unions associating persons employed under civil law contracts and their activists in Poland (12-16)
The article is devoted to the problems of trade union association of persons employed on civil law basis. A wide range of such powers was introduced by the amendment of July 5, 2018 to the Act on Trade Unions. It applies to both those employed under contracts from the Civil Code and the self-employed. Moreover, the article discusses some aspects of the status of trade union activists performing work on a civil law basis. - The right to collective bargaining and the right to freedom of association - what can be deduced from the case law of the Supreme Court of Canada (17 - 25)
This article deals with the jurisprudence of the Supreme Court of Canada regarding the relationship between the right of association and the right to collective bargaining and the right to strike. The author analyzes such statements as BC Health or SFL v Saskatchewan. It presents the "dialogue" between the various courts and tribunals. In the SFL v Saskatchewan ruling, the Supreme Court of Canada points to a growing international consensus that for the right to collective bargaining to be meaningful, it must include the right to strike. In its considerations, the Supreme Court of Canada refers directly to the achievements of the European Court of Human Rights in Strasbourg. The relationship between the jurisprudence of both entities is clear. A clear common base is the output of the quasi-jurisprudence of the International Labor Organization. - On the powers of the National Labor Inspectorate's inspectors in determining the existence of an employment relationship - comments de lege lata and de lege ferenda (26-34)
The subject of the article is to present the powers of the National Labor Inspectorate in determining the existence of employment relationships. The analysis shows that the legal instruments available to the National Labor Inspectorate inspectors in this regard include referring an application to the employer, conducting misconduct proceedings or bringing an action to the labor court for the benefit of a specific person to establish the existence of an employment relationship. In practice, these measures are ineffective. Under the current legal framework, the National Labor Inspectorate inspectors are not entitled to issue administrative decisions establishing the existence of an employment relationship, although there are some arguments of a dogmatic and legal nature in favor of granting them such an entitlement, which would, however, require the creation of an appropriate appeal procedure that would be similar to the appeal procedure against Social Security decisions. - Remuneration for the time of being unemployed in the event of termination of the employment contract (35-42)
Remuneration for the time of being out of work (Articles 47 and 57 of the Labor Code) is not a remuneration, but a compensation which additionally has a repressive and preventive function. There is no provision of social insurance that excludes the possibility of granting compensation for the time of receiving sickness benefit, maternity benefit or rehabilitation benefit. The author points out that the "remuneration" for the time of being unemployed should also be due for the period of incapacity for work of a particularly protected employee (Art. 47 sentence 2 and 57 § 2 of the Labor Code), who has been unlawfully dismissed - in such a way that the employer should be obliged to pay the difference between the amount of the social security benefit and the remuneration that the employee would have received if he had worked. - Burnout as a challenge for Polish labor law (43-51)
The article presents the problem of burnout. The author presents the concept of burnout, its genesis, symptoms and their consequences for employees, employers and the entire society. It presents solutions adopted in some European countries aimed at counteracting professional burnout. It also tries to analyze what solutions can be adopted in Polish law to counteract burnout and whether burnout can be considered an occupational disease. It also presents proposals for solutions, the implementation of which would help employers in the fight against the burnout syndrome. - The scope of binding the courts of a Member State with a certificate of legislation applicable in the event of a fraud finding - comments on the background of the CJEU judgments (part 2) (52-58)
The author analyzes the jurisprudence of the Court of Justice of the European Union on binding the courts of a Member State with a certificate of applicable legislation (E101 and A1) in in the event of fraud. Both in Polish literature and judicature, judgments in this area are assigned different effects. The conviction that the binding force of the abovementioned certificates is weakened seems to prevail . The article aims to criticize such an opinion, as well as to formulate conclusions flowing from the emerging jurisprudence. The first part of the article was published in the previous issue. - Shareholder of a limited liability company as an employee of this company (59-60)
The study presents the latest ruling of the Supreme Court (judgment of 5 November 2020, II UK 33/19) relating to the issue of employment as employees of partners in limited liability companies and the consequences this in the field of social insurance.
Praca i Zabezpieczenie Społeczne (Work and Social Security) - the whole list
