Praca i Zabezpieczenie Społeczne (Work and Social Security) 2019/04

  •  Articles
    • Social labor inspection - an indispensable instrument of social (trade union) supervision over compliance with labor law
      The author considers, contrary to the views of some other representatives of the doctrine, that social labor inspection should be maintained as the most important instrument of social supervision over compliance with labor law by employers and working conditions, which is in fact an agency of trade unions. Social labor inspectors, chosen by their employees, are well versed in working conditions at the plant and can effectively support, and even to some extent replace, the work of the National Labor Inspectorate. However, it is necessary to adopt a new law on social labor inspection, because the current law of 1950 contains many wrong solutions. In particular, the employer should not decide to grant or inspect the social inspector for the performance of this function, because it makes the inspector dependent on the employer.
  • Studies and studies
    • Employment contracts after the reform of the Lithuanian labor code
      As one of the main objectives of the Lithuanian labor law reform, the need to make employment relations more flexible was modeled on the Danish flexicurity model, under which the reduction of guarantees for the protection of employee labor relations is compensated by an effective system of benefits and easy recruitment of employees. This was accompanied by the rewording of many institutions and regulations in the field of individual labor law, in particular in the area of employment durability and the rights of dismissed employees, types of employment contracts and working conditions, as well as the introduction of new quality to the regulation of collective labor relations and employee representatives' rights. The changes made as part of the Lithuanian labor law reform are part of the discussion on contemporary labor employment standards and show the new direction of labor law development chosen by the Lithuanian legislature: determined by technological progress and globalization and combining greater flexibility with a system of relevant employee guarantees. The authors submit a legal analysis and evaluation of the regulations defining new bases of employment for employees.
    • The status of an "independent" service provider and the three-party model of providing services in gig economy - part 2
      In the first part of the article, published in the number 2/2019 of PiZS, the most important trends describing employment in the economy sector "on demand" were characterized and presented. The second part aims to show the tendency of a constant increase in court proceedings in the field of gig economy, so important from the perspective of labor law and how the courts approach the legal issues outlined there. The author analyzes in detail two most important and most commented legal proceedings against the pioneer in the gig economy sector, Uber, which concerned the erroneous classification of people involved in this type of employment. He also mentions a number of other court proceedings regarding this issue, showing the specifics of the correct demarcation of the legal status of the self-employed (independent service provider) from a standard employee.
  • Interpretation and practice
    • New legal framework for employing video monitoring in the workplace by the employer
      With the immediate entry into force of the General Data Protection Regulation (GDPR) and the entry into force of the May 25, 2018 amendments to the Labor Code, the legal framework for the use of video monitoring by employers in the workplace has changed considerably. The new regulations specify, among others the purposes for which monitoring can be introduced by the employer, the area that can be monitored, the period of storage of registered data, rules for the introduction of monitoring by the employer and information obligations related to the introduction of monitoring imposed on the employer. The authors analyze and evaluate new legal regulations for the use of video monitoring by the employer.
    • Rest periods and violation of the employee's personal law
      Violation of the daily or weekly rest period is perceived as a fault of the personal good. The problem is that the guarantees from art. 132 and 133 k.p. they were not effectively protected. Criminal liability (for offense) is not effective. Due to the need to prove the damage, ineffective or contractual liability also turns out to be ineffective. As a result, the easiest way to exceed normative rest periods by referring to art. 24 § 1 k.c. in connection with art. 448 k.c. At the same time, compensation for violation of personal rights is conditioned by a compensatory function, which is incompatible with the need to sanction violation of rest periods. Against this background, irregularities may occur in case-law.
    • Counteracting abuse in temporary employment
      The author analyzes and evaluates some of the regulations relating to temporary employment, namely the limitation of temporary employment and issues related to the provision of temporary work under a civil law contract. According to the author, the solutions introduced by the last amendment to the provisions of the Act on the employment of temporary workers, which entered into force on June 1, 2017, give hope to eliminate the phenomenon of staying a person in long-term temporary employment, however not all deserve approval.
  • From the Supreme Court's case law
    • Sexual harassment in the workplace
      The author refers broadly to one of the latest Supreme Court verdicts (judgment of November 7, 2018, II PK 229/17), in which the Supreme Court for the first time referred extensively to the issue of sexual harassment in the workplace.
  • According to the National Labor Inspectorate
    • Contract for a trial period
  • New recipes
    • Review of Officials Act from 2019, item 412 to item 592

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