- Justice in labor matters in the light of the Constitution of the Republic of Poland
The author analyzes the constitutional aspects of the administration of justice in labor matters. Assuming that the Constitution of the Republic of Poland gives the highest rank to human work, and thus to the related legislation, at the same time the primary law of the European Union refers to the same systemic principles, the author notes that the law may interfere with the satisfaction of workers' rights only in terms of necessary for the implementation of certain constitutional values and principles. He emphasizes that the formalism (rigidity) of extensive and not always consistent solutions of labor and social security law should ease the judges' conscience. It is about establishing ad casum what can be defined as just conditions of social cooperation. - Objective scope of labor protection in the Constitution of the Republic of Poland and its implications in shaping the economic system
The article is devoted to the problem of understanding labor protection regulated in Art. 24 of the Constitution. The author puts forward the thesis that the constitutional protection of work is not limited only to the implementation of the protective function of labor law, but has a much wider scope of impact, also affecting economic relations. The subject of protection of the analyzed provision is work as a value in itself. According to the author, labor protection becomes a factor determining the way of defining the social market economy, as this provision cannot be understood in isolation from other constitutional norms that shape the economic system. Labor protection understood in this way contributes to more effective protection of the employee, taking into account also the interests of employers as participants of the labor market providing work. - The status of a company trade union organization, or about the effects of combining the "sterego" with the "new"
The article refers to the legal status of a company trade union organization. Its aim is to show the genesis of the creation of union structures in companies. It concerns the situation of trade unions after the Second World War. The author analyzes the regulations concerning the status and competences of a trade union organization. Draws attention to the long-term process that influenced the current position of trade unions in companies. Emphasizes the role of trade unions vis-à-vis other employee representations. She notes that many of the union competences stem from the previous regime. This, of course, has an impact on the conduct of social dialogue in the social market economy. According to the author, it is necessary to introduce changes that will facilitate relations between trade unions and the employer. - Possibility to appoint attorneys-in-fact in matters relating to labor and social security law
In proceedings relating to labor and social security law, pursuant to Art. 86 of the Code of Civil Procedure (CCP), the parties may act before the court in person or through an attorney. In these cases, however, the provisions provide for a number of differences. In particular, Art. 465 of the Code of Civil Procedure, the scope of persons who may be attorneys in this separate proceeding has been extended. On the other hand, if the representation of the State Treasury or another legal person is performed by the General Prosecutor's Office of the Republic of Poland, as a rule, this excludes the possibility of appointing a trial attorney. The acts of representation are then performed by counselors and referendaries of the General Prosecutor's Office, as well as by its president and vice-presidents. Their authorization is of a statutory nature, and the official ID is the document authorizing the performance of the substitution activities. - Definition of an unduly collected benefit in the light of the provisions of the Act on social assistance
The aim of the article is to explain how to understand the term "unduly collected benefit" in the light of the provisions of the Act of March 12, 2004 on social assistance, especially since the legislator defined very similar concepts (unduly collected benefit and unduly received benefits) also in other legal acts and they are understood differently in each of them. In the author's opinion, since the legislator introduced different legal definitions of the same or similar phrases, administrative authorities should take these differences into account in the practice of applying the law. Moreover, this issue must be noticed in the jurisprudence of administrative courts. The article is an attempt to answer the question whether the use of analogies and auxiliary use of other definitions in matters relating to unduly collected benefits is permissible. - Employee status of the head of an independent public health care facility established by a local government unit
Local government units are entitled to establish independent public health care facilities. They are separate entities with their own legal subjectivity. At the same time, their functioning is largely dependent on the creating entity and limited by its competences. Independent public health care units are managed individually. Legal regulations related to the employment of their managers raise a number of interpretation doubts. The aim of the article is to analyze the employment of a self-government manager of an independent public health care facility as part of an employment relationship. - Employment policy of local government employees in Poland
In the recruitment of local government employees, the basic criteria are primarily qualifications, but also knowledge, skills, general abilities and predispositions. The process of employment policy of employees in local government units is extremely important for the proper functioning of this sector: the implementation of its goals and effective operation. The growing importance of employees in local government administration units is also influenced by increasing social expectations. The process of recruiting employees of local government units is a complicated process and consists of many stages. The aim of the article is to present the mechanisms of employment and selection of local government employees. The article is a preliminary analysis of the employment policy of local government employees. - Non-competition after termination of civil law employment
The author presents the jurisprudence of the Supreme Court on the admissibility and conditions of non-competition after termination of employment on the basis of a mandate contract or other contract for the provision of services to which the provisions on mandate apply. It presents in detail the latest judicature of the Supreme Court relating to including the indemnity in this respect in the calculation basis of social security and health insurance contributions.
Praca i Zabezpieczenie Społeczne (Work and Social Security) - the whole list
