Praca i Zabezpieczenie Społeczne (Work and Social Security) 2022/08

  • The logic of algorithms in the world of work of the technological age - new opportunities and new limitations
    The managerial powers of the employer resulting from the provisions of labor law are of a different nature than those shaped by technology, they locate the activities of the employer's management in a completely different area than technology - in interpersonal relations, not in data, in commands rather than signals, in relating to the individual's ways of being, not to feedbacks, to his conscientiousness and diligence, not to setting him up for exploitation. Technological management has different means of expression, a different methodology of operation, a different scale of coercion and order, it is secured differently, it knows no boundaries that are set for the normative management. Technology allows for a change in the leadership paradigm thanks to access to what was, connects with what is, to define what will be (feedback mechanism), discovers what has so far been hidden in the sense of the impossibility of extracting from the law work - continuity, permanence of supervision and the ability to freely set the individual as an object at the disposal. Technology is a new manifestation of leadership, and more primarily, a new manifestation of relating to people and work. Thanks to her, there has been a hitherto unnoticed move beyond the boundaries of subjectivity, i.e. beyond what is embedded in the subject of regulation, in law, in personal dignity, and into the area of the possibility of free objectification of an individual. The article is an attempt to capture the technological phenomenon of being-in-the-world and the resulting consequences for labor law.
  • Labor law in the era of climate transformation
    Progressing unfavorable climate changes - temperature rise, changes in the structure of precipitation, melting glaciers and snow, rising mean sea levels in the world - are a fact. To mitigate climate change, these emissions need to be reduced or prevented. Some jobs and industries will change or disappear altogether as a result of climate change, while others will be created as we move to greener economies. Labor law, although not a natural ally in the fight against global warming, can become a very strong partner for environmental law. The authors point out the obligations of the parties to the employment relationship, which should be reinterpreted to become an effective instrument in this fight. Thus, they start a discussion on the role of labor law in counteracting climate change.
  • Agreements on the principles of remote work in the draft amendment to the Labor Code
    The article is devoted to the issue of agreements on the principles of remote work in the proposed amendment to the labor code. It is a de lege ferenda study. It presents the basic practical and theoretical issues related to the conclusion of such agreements by social partners in the future.
  • Occasional remote work - problems with counting the period of occasional remote work of part-time employees and employees during the calendar year against the background of the draft amendment to the Labor Code
    Introducing the institution of remote work to the Labor Code, it is possible to provide remote work occasionally (occasional remote work). This form of work is to be allowed for 24 days in a calendar year. The proposed regulation does not expressis verbis refer to the situation of a part-time employee who commences work during the calendar year. Consequently, the question arises as to whether the scope of this right is proportionally reduced. In addition, since this is an annual entitlement related to the employee, should the information on the number of days worked in this form be reflected in the certificate of employment in the event of termination of employment during the calendar year? According to the author, the analysis carried out in the article allows for the conclusion that the principle of proportionality should apply in both of the indicated cases, and the employer should indicate in the employment certificate the number of days worked in the form of occasional remote work.
  • Effects of the liquidation of the Disciplinary Chamber of the Supreme Court on the legal status of its employees
    The article concerns the legal consequences of the liquidation of the Disciplinary Chamber of the Supreme Court and the Chancellery of the President of the Supreme Court managing the work of the Disciplinary Chamber for employees of these units. In the act of June 9, 2022, liquidating these units, special provisions were laid down for judges of the Disciplinary Chamber and employees of the Law Firm. The status of other persons employed in the Disciplinary Chamber is regulated by common law. The article explains the separate functioning of the Disciplinary Chamber in the Supreme Court. Next, the analysis covers the legislative and constitutional coherence of the provisions concerning the retirement of the judges of the Disciplinary Chamber. Many doubts are also related to the change of the workplace and the proper application of Art. 231 of the Labor Code to the employees of the liquidated Law Firm. Some of them are not applicable, others require the adaptation of the standards contained therein to the situation in which there is no change of employer. The untypical and controversial nature of some of the solutions applied shows the legislator's determination to strengthen the legal position of the employees of the office of the President of the Supreme Court in liquidation, managing the work of the Disciplinary Chamber. However, these actions did not cover the remaining administrative employees of the Disciplinary Chamber.
  • The remuneration of an informal tutor in the so-called 24-hour care
    The subject of the article is the judgment of the German Federal Labor Court (BAG) of June 25, 2021, 5 AZR 505/20, in which it was indicated that a foreign guardian, posted to Germany to work in the household of a dependent person, has the right to to remuneration in the amount of at least the minimum wage not only for working time, but also for the period of on-call time. The author discusses the effects of this ruling both with regard to the legal situation of informal carers from Eastern European countries, as well as the organizational and financial possibilities of providing dependents with proper care (also around the clock) at home.
  • Poviat Labor Market Councils (PRRP) - an entity of local co-governance?
    The article presents a thesis that poviat labor market councils play the role of a local governance entity. As a result of the research described in the article, the independence of the stakeholders in the selection of representatives for the PRRP composition, the independence of the PRRP in shaping their role in local co-governance and the driving power of opinions generated by the PRRP was found.
  • Checking the sobriety of employees
    Recently, the problem of legal conditions for testing the sobriety of drivers employed in public transport has become more important in Poland. The author presents the latest important judicature of the Supreme Court on the issue of introducing an internal preventive procedure by employers to test employed drivers in terms of being under the influence of alcohol before starting work. The Supreme Court discusses the relation of this type of procedure to the relevant statutory regulations and the consequences of an employee's refusal to submit to it.

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