Praca i Zabezpieczenie Społeczne (Work and Social Security) 2019/12

  • Legal status and functions of employee participation in management
    The article contains the interpretation of the principle of employee participation in the management of the workplace as defined in art. 18 of the Labor Code, explaining its legal status and the terms appearing in this provision. For the main subject in separate provisions referred to in art. 18 of the Code of Civil Procedure, the author acknowledges the Act of 7 April 2006 on informing and consulting employees, which is the basis for creating employee councils. However, these councils are being set up in a narrower scope. The author presents suggestions that may help to revive this institution, which is part of the EU labor law standard.
  • The right to social security in the Polish Constitution
    In the case of jurisprudence of the right to social security at the constitutional level, one of the more interesting issues, both theoretical and practical, is the question of the possibility of requesting, on the basis of a constitutional provision expressing the right in question, a certain amount. Therefore, in the constitutional orders referred to in the article, we deal either with the constitutional subject law or only with a reference to provisions that make this law more specific. In the latter case, there is no doubt that the specific content of the right is yet to be determined in lower-level legal acts. However, in a situation where the right to social security is expressed in the constitution directly, the question arises about its material (concrete) substrate. This is usually a source of much controversy, both in literature and case law. This problem also concerns the right to social security regulated in the Polish Constitution of 1997. The purpose of the article is to present the controversy related to the above issue in the Polish constitutional order.
  • Guardians of children in company sources of labor law
    The high demand for qualified employees on the labor market means that their expectations for providing not only fair pay, but also other benefits affecting the safety and functioning of the employee in both private life and the professional environment are growing. The method of ensuring safety will depend on the employer's approach to the issue of employee benefits in general and the role played by these benefits in increasing the postulated work efficiency. According to the authors, entering additional parental rights into the system of company sources of labor law seems to be justified, and entering them there - especially justified in the face of diverse financial possibilities of employers.
  • Legal status of the only representative company trade union organization
    The article analyzes the legal position of the only representative company trade union organization, in particular as a participant in collective bargaining. The introduction to this Act on trade unions, in particular, gives rise to this issue. 30 paragraph 7. A closer look at the position of the only representative trade union organization shows that it varies depending on the type of negotiations in which such organization participates. These differences cannot always be rationally explained. The issues raised in the article also have significant practical significance - the situation in which there is only one representative company trade union organization in the workplace is quite common in practice, and the diversity of the legal position of such organization according to not entirely clear criteria can cause serious practical problems.
  • Consumer bankruptcy and protection of remuneration for work
    The authors discuss momentous, questionable interpretational issues of protection of remuneration for work in the event of a consumer bankruptcy. The protection of remuneration for work is an important issue in the event of a declaration of bankruptcy against natural persons not conducting business activity. On the basis of the provisions of the bankruptcy law and the Labor Code, the remuneration is divided into two parts: constituting an element of the estate, managed by the trustee, and excluded from the estate, to which the management board retains the bankrupt. During the period of bankruptcy proceedings (i.e. from the date of declaration of bankruptcy until the date on which the decision on the creditors' repayment plan or the cancellation of the bankrupt's obligations become final without a decision on the repayment of the creditors, or on the day when the decision on the termination of the proceedings becomes final) deductions from the bankrupt's remuneration are made. The remuneration in the part subject to attachment is part of the bankruptcy estate and is used to meet the sums that will be reported by creditors and placed on the list of claims, and is intended to cover the costs of the bankruptcy proceedings and other obligations of the estate. On the other hand, the bankrupt must be essentially dependent on cash excluded from the bankruptcy estate, which includes remuneration for work in the non-attachment part. The authors point out that the bankrupt's right to remuneration for work may be violated in the first place in such a way that too much amounts will be deducted from the remuneration for work or for too long.
  • From the issues of working time of tutors of educational institutions for which the self-government unit is the leading body
    The author attempts to answer the following questions: whether to educators of educational institutions working in a non-nonferratic system (from Monday to Sunday, 40 hours per week), for which the governing body is a local government unit, the provisions of Art. 130 § 2 of the Code of Civil Procedure and whether in the event of giving such a teacher a day off for work on a holiday pursuant to art. 42c paragraph 4 Teacher Cards, the provisions of art. 130 § 3 of the Code of Civil Procedure?
  • Criteria for the independence of the body involved in the procedure for appointing judges and for the independence of judges
    On 19 November 2019, the Court of Justice of the EU issued judgment in Joined Cases C-585/18, C-624/18 and C-625/18, A.K. against the National Council of the Judiciary (C-585/18) and CP (C-624/18), DO (C-625/18) against the Supreme Court, in which he presented in detail the criteria for the independence of the body involved in the procedure for appointing judges and for the independence of judges. Pursuant to the ruling, if disputes concerning the application of EU law fall within the exclusive competence of an authority which does not constitute an independent and impartial court within the meaning of Art. 47 The Charter of Fundamental Rights, the principle of the primacy of EU law, must be interpreted as requiring the referring court to refrain from applying a provision of national law reserving jurisdiction for such an authority to hear disputes in the main proceedings.
  • Exemption from the obligation to work during the notice period
    On February 22, 2016, the institution of exemption from the obligation to perform work during the notice period was introduced into universal labor law. The author presents the first judicature of the Supreme Court, which more broadly referred to this regulation.
  • Review of Journal of Laws of 2019 from item 2116 to item 2337

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