Praca i Zabezpieczenie Społeczne (Work and Social Security) 2021/10

  • The work of an academic teacher in the face of the challenges of the modern age - interdisciplinary considerations
    The way an academic teacher performs work due to the COVID-19 pandemic has changed a lot, and in the future these changes (especially in the field of teaching) may become a permanent part of its standards. The necessity to perform work (didactic, research and organizational) remotely, often at home, highlighted a number of problems. Undoubtedly, the challenge for the academic teacher was (and still remains) to find himself in the realities of remote work. For an academic teacher who is a parent (guardian), it is a challenge to find the right rhythm between the professional and private spheres. The COVID-19 pandemic exposed not only the long-standing problems related to the phenomenon of invisible (unpaid) work or gender inequality in employment, but also created completely new ones, related to the expectations of constant readiness and disposition of the employee for work, or the imposition of additional obligations imposed on the employer especially teaching staff. Also, the existing doubts regarding the evaluation of scientific work have become significantly stronger. There are no legal solutions regulating the impact of the employee's justified absence in providing work related to parental leave (and in the time of the COVID-19 pandemic of absence due to the need to provide care) to assess the quality of scientific activity is a significant burden for university employees. The sociological research cited in the article shows that the burden of care and performance of additional duties rested primarily on the shoulders of women. In many cases, this translated directly into the number of articles written, research carried out or grant applications submitted. The COVID-19 pandemic has forced not only some changes in the current organization of the professional work of an academic teacher, but also revealed problems the scope of which appears not only individually (individual), but above all socially. The aim of the article is to trace selected challenges faced by people employed in higher education today and to analyze the applicable legal solutions relating to them, and to identify gaps in the law that hinder their mitigation. Interdisciplinary examination of the presented issues will enable the search for legal and non- legal solutions that will contribute to the elimination of barriers in the academic work environment, which is still dominated by many stereotypes.
  • Minimum remuneration for work in the activities of the International Labor Organization
    The aim of this article is to analyze the activities of the International Labor Organization in the area of minimum remuneration for work. The author draws attention to the diverse interest of the ILO in this subject in particular periods and attempts to define its causes. Analyzes the development of ILO legal instruments in the field of minimum wage against the background of social and economic changes , pointing to the changing function of the minimum wage, which over time has become one of the tools for implementing the global strategy for decent work and sustainable development. The author also draws attention to the impact of the ILO on the activities of the United Nations, the Council of Europe and the European Union, and emphasizes the importance of ILO minimum wage regulations for counteracting the dehumanization of human work in the face of globalization.
  • The problem of the admissibility of termination of some provisions of a collective labor agreement or a collective agreement
    The issue of partial termination of a collective labor agreement and a collective agreement is controversial in the doctrine and contradictory positions are presented here. Lack of regulation of this activity directly in the act induces some of the doctrine to negate and some to accept the possibility of making such a denunciation. Supporters of the admissibility of partial termination of a collective labor agreement rely on the structure of the inference a maiori ad minus from the regulation of termination of the entire agreement. The author points out that this reasoning is incorrect, as the construction of inference a fortiori should not be applied to the models of legal transactions only, without reference to the content of the statements made. In the author's opinion, the described inference a maiori ad minus is flawed and does not lead to the restoration of the norm of competence to partially terminate the collective labor agreement, because the application with a milder character of partial termination notice is arbitrary and may be inconsistent with the actual situation. De lege ferenda, however , the regulation of such an activity in the labor code should be considered, taking into account also the protection of the autonomy of will of other parties to the collective agreement.
  • A few remarks on the interpretation of Art. 2418 of the Labor Code
    The article concerns the determination of the legal status of employees taken over by a new employer pursuant to Art. 231 of the Labor Code in a situation where before the takeover they were covered by a collective labor agreement. The author deals with two basic issues. The first is the issue of differentiating the legal situation of the transferred employees in relation to the situation of the employees of the acquiring employer. The second is the relationship between the content of the collective labor agreement and the content of the employment contract . The latter issue is of key importance in determining whether the legal situation of transferred employees is leveled over time by operation of law or requires additional legal actions from the employer.
  • Mediation in labor law - Fiction or fact?
    Mediation is one of the best-known forms of conflict resolution. The informal formula of the procedure, focus on the parties, speed and low costs ( compared to court proceedings) should speak for the wide use of this tool. Unfortunately, mediation still remains a tool more present in the discourse than in practice. The low popularity of mediation also applies to labor law. This is all the more surprising as the nature of the relations taking place in labor law is the ground on which mediation can be successfully used. In the labor law acquis, there are conciliation committees, in the Labor Code, the legislator also suggests an amicable resolution of conflicts, while the branch itself is assigned an irenic function. All this may prove the success of mediation in labor law. The above circumstances prompted the author to analyze the applicable provisions in order to determine whether they impede the use of mediation in labor law. The author discusses issues such as a mediation agreement in labor matters, the impact of mediation on the course of time limits and compliance. The literature on the subject has long formulated postulates to introduce certain changes that may contribute to the popularization of mediation. Therefore, it is necessary to examine whether the legislator takes appropriate actions in this regard. An additional contribution to the article is also the planned amendment to mediation. The solutions proposed in the project are the background in the deliberations. The impulse for the article is also an attempt to stimulate discussion and search for solutions encouraging mediation in employee matters.
  • Verification of the amount of contractual for work by the pension body for the purpose of determining the contribution base
    Aim of this article is to discuss the powers of the pension body to challenge the amount specified in the contract of work remuneration for the purpose of determining the contribution base. The author presents the resolution of the Supreme Court of 27 April 2005 (II UZP 2/05), in which this right was formulated, and also discusses the reasons for applying the correction mechanism and comments on its application. It turns out that despite the extensive jurisprudence of the Supreme Court regarding the application of this mechanism, it often happens that the pension authority seems to ignore this jurisprudence. Consequently, it seems advisable to undertake a scientific reflection on the discussed issue, especially with regard to the necessity to regulate the said entitlement of the pension authority in statutory provisions.
  • Independence of the entitlement to leave related to the parentage of an employee-father raising a child from the insurance status of the child's mother
    The author presents another ruling of the Supreme Court, in which, on the basis of the relevant jurisprudence of the Court of Justice of the European Union, the issue of the autonomy of parental rights of fathers raising a child was addressed - their independence from the employment status or maternal insurance.

Praca i Zabezpieczenie Społeczne (Work and Social Security) - the whole list