Bearing the economic risk as a feature of a self-employed person The author puts forward and justifies the thesis that one of the essential features of self-employment is bearing the economic risk. ...She indicates the implication of this thesis in the context of preventing the so-called sham self-employment, and in the context of the search for a legal model of self-employment protection, understood as covering this group of contractors, with the necessary modifications, by some protective institutions specific to employees within the meaning of Art. 2 of the Labor Code. ASJC: 3308, JEL: K31
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. ASJC: 3308, JEL: K31
Aid and loan funds are a self-help institution in the work environment. The Act of 11 August 2021 on aid and loan funds regulates their status for the first time in a comprehensive manner. The ...article presents issues related to their organization and functioning in the Polish legal system. ASJC: 3308, JEL: K31
In the first part of the article, the authors analyse the legislation of the Slovak Republic relating to the termination of employment of an employee with disabilities. In that regard, in the main ...part of the article, they point to the fundamental contradiction of the case-law and practice of public authorities in the question of defining a disabled employee as well as in the question of the authority of a public authority which creates fundamental practical barriers for the employer in the intended termination of employment with such an employee. The conclusion goes from practical problems to theoretical considerations of the justifiability of the legislation in question which aims to protect groups of disabled workers at particular risk. ASJC: 3308, JEL: K31 FINANSOWANIE This paper was written as part of the solution of the grant task APVV-16-0002 Mental health in the workplace and assessment of the employee’s medical fitness.
Improvement of professional qualifications as means of increasing the level of professional competences of members of the civil service corps The author of the present article broadly analyzes the ...principles of improving professional qualifications by members of the civil service corps, including both the obligation to develop professional knowledge as well as other factors affecting the level of professional competence of corps members, such as the requirement to be qualified to hold a specific position and to serve a preparatory service. In particular, the study indicates requirements for establishing obligation to develop professional knowledge as one of the main duties of members of the civil service corps, introduces its legal nature and, separate from the principles provided for under the Labor Code, rules for its implementation through the absolute obligation of a corps member to participate in the civil service training system. The author also emphasizes the non-exhaustive nature of the regulation provided for by the Civil Service Act and points to the possibility of improving professional qualifications by members of the civil service corps, on the basis of the provisions of the Labor Code, at the initiative of the employer or with his consent. ASJC: 3308, JEL: K31
The paper attempts to answer the question of whether periods of daily and weekly rest provided for in Art. 132 and 133 of the Labour Code Act of 26 June 1974 are to be accounted for with reference to ...the employment relationship, employer, or employee. Determinations in this respect were made by analysing various situations occurring in practice—employment of an employee with one employer on the basis of one employment relationship, simultaneous employment of an employee in several employment relationships with that employer, and parallel employment of an employee by more than one employer. This takes into account the need to ensure that the employee is afforded rest periods within strictly defined legal limits, as well as the nature of the right to daily and weekly rest and the purposes of this right. ASJC: 3308, JEL: K31
Progressive technological development forces a new look at the basic constructs of labour law. The science of labour law has so far paid little attention to the legal analysis of the risks associated ...with the ever-increasing interaction between people and technological tools, both in the form of advanced machinery as well as software used to manage enterprises and production processes. At the same time, questions about the future of labour law have long been posed in the science of labour law, primarily raising the need to realize the principle of social justice when work is not performed within the framework of the traditionally understood employment relationship (under employee subordination). The present study is a voice in this discussion, focusing on the issue of artificial intelligence in relation to the axiological foundations of labour law. The article analyzes the humanisation of work and human interaction in the world of new technologies primarily from the perspective of the central value of labour law, which is the inherent and inalienable dignity of the employee as a human being. There is also a consideration of the concept of autonomisation of the employee in the work process using artificial intelligence. ASJC: 3308, JEL: K31
Algorithmic management is the subject of numerous scientific studies. This article attempts to answer the question of what kinds of new competencies and skills should be acquired by trade unions in ...the face of challenges related to algorithmic management. The author indicates two main areas of trade union activities: The first concerns the challenges associated with the process of explaining and transplanting artificial intelligence. The second concerns participation in the AI certification process. Considering that artificial intelligence algorithms’certification process is an entirely new undertaking, it should be based on a pragmatic search for peaceful solutions, encourage compliance with the law and limit the possibility of stiff administrative and criminal sanctions. For this purpose, the author considers using the theory of responsive regulation as a pragmatic approach for certification agencies and trade unions. The author considers the cooperation of artificial intelligence to be the main principle. In the working environment, there should be a principle of human importance—the focus of personalism. ASJC: 3308, JEL: H55, K31
Although the employment gap between men and women in Lithuania is insignificant and cannot be considered a relevant social problem, the same cannot be said about their wages. Women’s wages are ...significantly lower than those of men. Lower wages lead to lower pensions after active participation in the labour market ends and increase the risk of poverty for women. This article analyses the legal measures enshrined in the legislation of the European Union and Lithuania aimed at reducing the wage gap between men and women and identifies problematic legal provisions.From a formal point of view, the principle of equal pay is sufficiently regulated in Lithuanian national law, and no significant problems have been identified in Lithuanian case law – which is mainly in line with the objectives and direction of legal regulation. On the other hand, despite considerable efforts that have been made in recent years to implement transparency in the wage system, there are still some unresolved issues. One of them is additional guarantees for pregnant women, those who have recently given birth, and breastfeeding mothers, which limit the opportunities for these employees to receive higher wages. The implementation of the Labour Code norm, which ensures the right of women to receive adequate wages after pregnancy, childbirth, and childcare leave, also causes legal uncertainty.
Dealing with the crisis caused by the 21st-century pandemic and the changes brought about by digitalization have demanded flexible solutions that have moved both employers and employees out of the ...traditional labour law environment. The aim of this short study is to identify the characteristics of teleworking, working from home, and home office type of work in order to reflect on the differences between them and to examine their relation to the changes caused by the new information and communication technologies, studied at the national as well as European level.
