The Eirenic Function of Labour Law Baran, Krzysztof
Studia z Zakresu Prawa Pracy i Polityki Społecznej (Online),
12/2022, Volume:
29, Issue:
4
Journal Article
Peer reviewed
Open access
The essence of the irenic function of labor law is the amicable settlement of disputes in the work environment. It applies to both individual and collective disputes. In the system of Polish labor ...law, there are not only settlements but also other collective agreements. Scrutinizing this problem is the crucial issue of the given paper.
The paper presents the concept of the collective agreement, trade union representativeness, and the subjective scope of collective agreements in Polish law in the light of international labour law. ...In the author’s opinion, a better adaptation of the Polish legislation relating to agreements between the social partners on working conditions to international standards by classifying as collective agreements all agreements concluded by representative trade union organisations would remove disputes and uncertainty about their legal effects and would contribute to increasing the scope of collective bargaining. A modification of the provisions on work and pay company regulations would also serve this purpose. In addition, the author suggests changes in the provisions extending the personal scope of collective agreements to workers performing work outside the employment relationship by separating the group of solo self-employed workers belonging to the “grey area”between employees and self-employed workers and extending to them the full effects of concluding an agreement.
Świadectwo pracy – wybrane problemy Kumor-Jezierska, Ewelina
Studia z Zakresu Prawa Pracy i Polityki Społecznej (Online),
12/2022, Volume:
29, Issue:
4
Journal Article
Peer reviewed
Open access
The purpose of the article is to draw attention to the selected problems pertaining to the proper issue of the employment certificate with regard to the recent changes that have entered into force. ...In a situation when an employment relationship has ended, every employer has a legal obligation to issue an employment certificate. It is a document containing information necessary to establish employees’rights in the next place of employment, with pension authorities or in a job center. Starting from 1 January 2019 the employer, apart from an employment certificate, is also obliged to render to the employee, either in a paper or an electronic form, information on: the period of legal documentation storage, the possibility to receive employee documentation till the end of a calendar month following the lapse of time of employee documentation storage as well as information on employee documentation destruction in the case it was not picked up within the prescribed period.
The Act of 20 April 2004 on the Promotion of Employment and Labour Market Institutions provides for assistance in taking up the employment in the context of a public servants’relationship. However, ...this subject raises many problems of interpretation, but also controversy, arising from the comparison of the specific construction features of the public service employment relationships with the economic situation of the unemployed person. This problem, which is only hinted at in the doctrine of labour law, seems to have been completely ignored by the legislature, which, during the almost 20-year period of validity of the Employment Promotion Act and Labour Market Institutions, overlooked the matters mentioned in spite of numerous and far-reaching amendments to the Act. The aim of the study is therefore to identify the main uncertainties of interpretation in the application of its rules on support for taking up employment in the public service relationship and to formulate the claims de lege ferenda.
The amendment to the Act on Trade Unions, which entered into force on 1 January 2019, significantly expanded the scope of people who have the right to associate in trade unions. As a consequence—in ...connection with Art. 6 of the Act on resolving collective disputes—the provisions of the Act on collective disputes concerning employees shall apply accordingly to these persons. This text analyses the legal status of these persons in the context of collective labour disputes. The author points out in particular those provisions of the Act on resolving collective disputes, the proper application of which to persons performing work on a basis other than an employment relationship may raise theoretical and practical problems and, as a finally, result in a reduction in the level of their protection compared to employees.
On the date of entry into force (1 January 2019), the provisions of the Act of 5 July 2018 amending the Act on trade unions and certain other acts, a revolution in the Polish collective labour law ...took place (from that moment it is even legitimate to refer to it as collective employment law). Obviously, the new regulations have been thoroughly analysed in the doctrine. However, apart from a scientific perspective, it is also worth making an attempt to assess how they worked on the addressees in practice. First of all, it is about the broadly understood trade union movement. This study focuses on this aspect of the amendment to the Act on trade unions. The actual effects of the new boundaries of the coalition law are analysed, first of all, but also of other elements of the reform (e.g. rules regarding the verification of declarations on the number of company trade unions). The aim is to assess whether the reform has realized the hopes placed in it
The growing popularity of self-employment, in which self-employed persons very often operate in conditions similar to those of employees, has necessitated the need to extend this category of workers ...to protection, which until recently was reserved exclusively for the employment relationship. De lege lata under Polish law, the self-employed already benefit from: legal protection in the field of life and health; protection against discrimination; a guaranteed minimum wage and protection of wages for work; the protection of parenthood; and also from coalition rights, which consequently gives them broad collective rights. The tendency to extend legal protection to selfemployed persons is consistent with both the standards of international and EU law, as well as the norms of the Constitution of the Republic of Poland. The aim of this study is to answer the question whether the legal protection of the self-employed should be extended at all, and if so, what should be the statutory model of this protection and the criteria for determining its limits in Poland to ensure its effective functioning in practice.
The article is devoted to the issue of the employment of medical personnel in medical entities under Polish law. It presents the permissible forms of employment of medical professionals, with ...particular emphasis on contracts for the provision of health services, the so-called civil law contracts, which have their source in Art. 26 and 27 of the Act on medical activity. The focus is on the differentiation of the protection of the interests of these persons depending on the form of employment adopted. The article also includes a consideration of the scope of reference of the regulation expressed in Art. 22 § 11 and 12 of the Labour Code to civil law contracts concluded by medical entities with persons practising a medical profession.
As a result of the amendment to the Act on Trade Unions, people performing work based on a civil law contracts may become trade union activists. However, this raises significant questions. First of ...all, it is doubtful to grant compensation to person who was dismissed without the consent of the trade union in the case where the termination of contract is objectively justified. Secondly, it is doubtful to grant these people the right to remuneration while they are released from the obligation to perform work.
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