• Proposals of the European Parliament to regulate workers' right to disconnect
    In January 2021, the European Parliament adopted a resolution in which it called on the European Commission to adopt the directive establishing the so-called the right to disconnect for all workers who use digital tools for professional purposes, the draft of which is annexed to this resolution. The right to disconnect is understood as the exclusion of digital tools for professional purposes outside of working time. The purpose of this article is to discuss the proposed legal framework for the right to disconnect and highlight the challenges that the right to disconnect must face. Analyzing the proposals of the European Parliament, the author points out, inter alia, doubts as to the personal scope of the right to disconnect arising from the proposed directive. The biggest challenges include establishing practical arrangements for disabling digital tools, especially for flexible working time arrangements, enterprises operating internationally and / or with continuous operations that prevent server shutdowns. The author points out that the exercise of the right to disconnect cannot be focused on technical and organizational solutions, but requires that the problem of workload and time management be solved in accordance with the right to disconnect.
  • Condemned to a precancerous situation: the situation of young people in Poland
    The transformations in the world of work, caused by globalization and technological innovations, constitute a huge challenge for the realization of the right to decent work. Decent work is a "luxury" for a growing number of employees. This is especially true of young people, who are most at risk of precarious employment. This is due to the fact that young people experience two kinds of difficulties in terms of employment: getting a job after leaving school and accessing decent employment. The article focuses on regulations addressed to young people and aims to assess how these regulations affect the situation of young people in the labor market in Poland. In the above scope, the article has in mind solutions dedicated to young people, based on the justification of the transition from education to employment, job creation and preventing youth unemployment, including internships, graduate apprenticeships and training. The author focuses on showing how the indicated instruments affect young people's access to employment that guarantees decent working conditions and the implementation of basic employee rights resulting from national and national legal regulations.
  • Report from the conference "In search of a legal model for self-employment protection in Poland"
    On December 8-9, 2021, the 4th Polish National Scientific Conference in the series Atypical Employment Relationships was held on the ZOOM platform. "In search of a legal model for the protection of self-employed work in Poland". The conference was organized by the Center for Atypical Employment Relationships and the Student Forum of Atypical Employment Relations at the Faculty of Law of the University of Lodz. 228 people registered for the conference. The event was attended by 55 speakers both in the plenary sessions and in the poster session. On the second day of the conference, a separate panel for doctoral students and students was held. It was the largest nationwide scientific conference on labor law in 2021.
  • Termination of a fixed-term employment contract with notice in the light of the draft amendment to the labor code
    Another amendment to the labor code is planned, inter alia, in the field of fixed-term employment contracts. According to the assumptions of the bill, the termination of such a contract will require a justification, union consultation, and the employee will be able to demand reinstatement. The aim of the article is to assess the proposed changes in terms of their system coherence, including with EU law, and in connection with the essence of a fixed-term employment contract. The proposed solutions should be considered correct, but they do not cover an essential aspect related to the essence of the agreements in question - their stability. According to the author, the regulation that existed before the amendment of the Labor Code of 2015, which allowed for the termination of a fixed-term employment contract only if there was a relevant provision in the contract, was appropriate in this respect, and therefore proposes to restore it along with the changes proposed in the draft.
  • The impact of the principle of employee preference on the scope of freedom of contract of the parties to the employment relationship in literature and jurisprudence
    The aim of the article is to determine the impact of the principle of employee privilege on the freedom of the parties to the employment relationship to shape the provisions of employment contracts and additional contracts. The article presents arguments justifying the thesis that the mechanism provided for in Art. 18 § 2 of the Labor Code may apply only to the provisions of employment contracts, but does not include named and unnamed additional contracts concluded by the parties to the employment relationship. However, the granting of a specific clause to the status of an employment contract clause should be determined on the basis of its content, not its location. The criterion for assessing the provisions of employment contracts in the light of Art. 18 of the Labor Code, only the provisions of the labor law in terms of Art. 9 § 1 of the Labor Code. The content of the regulation under analysis makes it impossible to consider the rules of social coexistence or the nature of the obligation as a model.
  • Collective protection of temporary workers after the amendment to the Act on Trade Unions
    The subject of this article is the collective protection of temporary workers after the amendment to the Act on Trade Unions by the Act of July 5, 2018, granting the right to a coalition to all persons performing professional work. The complex nature of a temporary employment relationship, in which the legislator is the temporary employment agency, but the work is performed under the direction and for the user employer, has an impact on this sphere of workers' rights. The article analyzes: 1) the possibility of temporary workers to associate in trade unions, 2) the issue of including this group of workers in the provisions of collective agreements and 3) the issues of collective disputes.
  • Lost protection of fundamental rights in the CJEU judgment
    The case referred to in the article concerns two legal issues related to the application of Directive 2008/104 / EC. The first issue concerns the interpretation of its scope in relation to an EU agency - the European Institute for Gender Equality (EIGE). The Court of Justice of the European Union (CJEU) had to determine whether such an agency meets the three requirements set out in Art. 1 clause 2 of Directive 2008/104 / EC, namely whether it falls under the definition of "public undertaking", is it a "user undertaking" and whether it is engaged in an "economic activity". Due to the autonomous interpretation of these three requirements, the Court found that each of them was met. The second legal issue is whether the principle of administrative autonomy of the EU agencies referred to in Art. 335 of the Treaty on the Functioning of the European Union, will be affected if temporary employees working in it will be treated, in terms of basic working and employment conditions (Article 5 (1) of Directive 2008/104 / EC), on an equal footing with directly employed workers by this agency. The CJEU answered in this respect in the negative, pointing that: 1) the comparison should be made at the level of tasks performed in a given position, 2) employees did not demand full equal treatment, but equal treatment in terms of remuneration, which falls under the concept of the basic working condition in accordance with Directive 2008/104 / EC.
  • Convergence of claims under Art. 55 § 11 of the Labor Code - the latest jurisprudence
    The author presents the latest judicature of the Supreme Court relating to the issue of conflicting claims due to an employee due to mobbing and termination of an employment contract without notice due to a serious breach by the employer of basic obligations towards the employee (Article 55 § 11 of the Labor Code and Art. 943 § 4 of the Labor Code). The ruling additionally explains the legal nature of the compensation provided for in the aforementioned provisions.

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