Pub Date : 2022-10-20DOI: 10.4467/25444654spp.22.029.16574
Jagoda Jaskulska
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.
{"title":"Systems for the Protection of the Interests of Health Professionals Employed by Medical Establishments","authors":"Jagoda Jaskulska","doi":"10.4467/25444654spp.22.029.16574","DOIUrl":"https://doi.org/10.4467/25444654spp.22.029.16574","url":null,"abstract":"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.","PeriodicalId":52556,"journal":{"name":"Studia z Zakresu Prawa Pracy i Polityki Spolecznej","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-10-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71001495","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-10-20DOI: 10.4467/25444654spp.22.030.16575
Maria Bosak-Sojka
Axiology in the profession of a judicial enforcement officer The aim of the study is to analyse the regulations contained in the Act of Parliament on judicial enforcement officers along with the provisions of the Code of Ethics of Judicial Enforcement Officers in terms of axiology elements. Moreover, the aim of the publication is to pose a question for the purpose of judicial enforcement officer’s duties, understood as a profession of public trust, formulated precisely through the prism of axiology. The raised issues are therefore not only innovative, but also showing a different perspective that characterizes the particular legal profession.
{"title":"Aksjologia w zawodzie komornika sądowego","authors":"Maria Bosak-Sojka","doi":"10.4467/25444654spp.22.030.16575","DOIUrl":"https://doi.org/10.4467/25444654spp.22.030.16575","url":null,"abstract":"Axiology in the profession of a judicial enforcement officer\u0000\u0000The aim of the study is to analyse the regulations contained in the Act of Parliament on judicial enforcement officers along with the provisions of the Code of Ethics of Judicial Enforcement Officers in terms of axiology elements. Moreover, the aim of the publication is to pose a question for the purpose of judicial enforcement officer’s duties, understood as a profession of public trust, formulated precisely through the prism of axiology. The raised issues are therefore not only innovative, but also showing a different perspective that characterizes the particular legal profession.","PeriodicalId":52556,"journal":{"name":"Studia z Zakresu Prawa Pracy i Polityki Spolecznej","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-10-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48256082","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-10-20DOI: 10.4467/25444654spp.22.024.16569
Małgorzata Kurzynoga
Self-employment in the light of the Polish Constitution The aim of the article is to indicate the legal basis for the protection of self-employed work in the Constitution of the Republic of Poland. The author discusses the subjective scope of workers’ rights guaranteed in the constitutional law and indicates the arguments justifying the thesis that it is not possible to define a “constitutional worker” on the basis of the provisions of the Polish Constitution. Attention has also been paid to limitations on the exercise of collective rights by the self-employed persons arising from ordinary laws. They raise doubts in the context of compliance with international standards, to which the Constitution of the Republic of Poland refers in Art. 59 § 4.
{"title":"Praca na własny rachunek w świetle Konstytucji Rzeczypospolitej Polskiej","authors":"Małgorzata Kurzynoga","doi":"10.4467/25444654spp.22.024.16569","DOIUrl":"https://doi.org/10.4467/25444654spp.22.024.16569","url":null,"abstract":"Self-employment in the light of the Polish Constitution\u0000\u0000The aim of the article is to indicate the legal basis for the protection of self-employed work in the Constitution of the Republic of Poland. The author discusses the subjective scope of workers’ rights guaranteed in the constitutional law and indicates the arguments justifying the thesis that it is not possible to define a “constitutional worker” on the basis of the provisions of the Polish Constitution. Attention has also been paid to limitations on the exercise of collective rights by the self-employed persons arising from ordinary laws. They raise doubts in the context of compliance with international standards, to which the Constitution of the Republic of Poland refers in Art. 59 § 4.","PeriodicalId":52556,"journal":{"name":"Studia z Zakresu Prawa Pracy i Polityki Spolecznej","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-10-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71001461","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-10-20DOI: 10.4467/25444654spp.22.021.16566
T. Duraj
The growing popularity of self-employment, in which self-employed persons very often operate in conditions similar to those of employees, has necessitated the need to extend this category of workers to protection, which until recently was reserved exclusively for the employment relationship. De lege lata under Polish law, the self-employed already benefit from: legal protection in the field of life and health; protection against discrimination; a guaranteed minimum wage and protection of wages for work; the protection of parenthood; and also from coalition rights, which consequently gives them broad collective rights. The tendency to extend legal protection to selfemployed persons is consistent with both the standards of international and EU law, as well as the norms of the Constitution of the Republic of Poland. The aim of this study is to answer the question whether the legal protection of the self-employed should be extended at all, and if so, what should be the statutory model of this protection and the criteria for determining its limits in Poland to ensure its effective functioning in practice.
{"title":"Self-employment and the legal model of protection in Poland","authors":"T. Duraj","doi":"10.4467/25444654spp.22.021.16566","DOIUrl":"https://doi.org/10.4467/25444654spp.22.021.16566","url":null,"abstract":"The growing popularity of self-employment, in which self-employed persons very often operate in conditions similar to those of employees, has necessitated the need to extend this category of workers to protection, which until recently was reserved exclusively for the employment relationship. De lege lata under Polish law, the self-employed already benefit from: legal protection in the field of life and health; protection against discrimination; a guaranteed minimum wage and protection of wages for work; the protection of parenthood; and also from coalition rights, which consequently gives them broad collective rights. The tendency to extend legal protection to selfemployed persons is consistent with both the standards of international and EU law, as well as the norms of the Constitution of the Republic of Poland. The aim of this study is to answer the question whether the legal protection of the self-employed should be extended at all, and if so, what should be the statutory model of this protection and the criteria for determining its limits in Poland to ensure its effective functioning in practice.","PeriodicalId":52556,"journal":{"name":"Studia z Zakresu Prawa Pracy i Polityki Spolecznej","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-10-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49054881","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-10-20DOI: 10.4467/25444654spp.22.028.16573
M. Tomaszewska
The article’s primary purpose is to present an understanding of in-work poverty by defining the mentioned phenomenon uniformly in all European Union countries and by demonstrating its main determinants. First of all, it is necessary to present a complex definition of the term in-work poverty and refer it to the concept of precarious work functioning in both the legal circuit and the literature. The analysis starts by presenting the existing indicators and measurements of this phenomenon as a basis for conclusions on legal, economic, and social conditions of in-work poverty. The critical role in this regard is attributed to labour law and social security regulations and their continuous changes caused by adapting to new forms of organizations of work and to expectations coming from market competition. The broad range of analyses of phenomena in the work-poverty results from studies delivered under a project of the same name “Working Yet Poor.” The project aims to examine the regulatory structures affecting the working conditions and to assess different aspects of regulations that can have a direct and indirect impact on the occurrence of this phenomenon.
{"title":"In-Work Poverty: A Multi-Layered Problem across European Union Countries","authors":"M. Tomaszewska","doi":"10.4467/25444654spp.22.028.16573","DOIUrl":"https://doi.org/10.4467/25444654spp.22.028.16573","url":null,"abstract":"The article’s primary purpose is to present an understanding of in-work poverty by defining the mentioned phenomenon uniformly in all European Union countries and by demonstrating its main determinants. First of all, it is necessary to present a complex definition of the term in-work poverty and refer it to the concept of precarious work functioning in both the legal circuit and the literature. The analysis starts by presenting the existing indicators and measurements of this phenomenon as a basis for conclusions on legal, economic, and social conditions of in-work poverty. The critical role in this regard is attributed to labour law and social security regulations and their continuous changes caused by adapting to new forms of organizations of work and to expectations coming from market competition. The broad range of analyses of phenomena in the work-poverty results from studies delivered under a project of the same name “Working Yet Poor.” The project aims to examine the regulatory structures affecting the working conditions and to assess different aspects of regulations that can have a direct and indirect impact on the occurrence of this phenomenon.","PeriodicalId":52556,"journal":{"name":"Studia z Zakresu Prawa Pracy i Polityki Spolecznej","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-10-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48496024","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-10-20DOI: 10.4467/25444654spp.22.023.16568
Dagmara Skupień
Self-employment in the European Union in the light of legal regulations and case law Self-employment is the subject of both EU regulations and case law of the Court of Justice of the European Union. On the one hand, EU law ensures self-employed persons freedom to provide services and freedom of establishment by removing barriers and protecting against discrimination. On the other hand, EU law aims to combat bogus self-employment and to provide social protection for the self-employed, recognizing the wide spectrum of their labour market situation. The case law of the Court of Justice of the European Union, discussed in this article, plays an important role in extending the personal scope of the concept of ‘worker’ under various social policy directives to persons who perform work on a basis other than an employment relationship, working under similar conditions.
{"title":"Praca na własny rachunek w ramach Unii Europejskiej w świetle prawa i orzecznictwa","authors":"Dagmara Skupień","doi":"10.4467/25444654spp.22.023.16568","DOIUrl":"https://doi.org/10.4467/25444654spp.22.023.16568","url":null,"abstract":"Self-employment in the European Union in the light of legal regulations and case law\u0000\u0000Self-employment is the subject of both EU regulations and case law of the Court of Justice of the European Union. On the one hand, EU law ensures self-employed persons freedom to provide services and freedom of establishment by removing barriers and protecting against discrimination. On the other hand, EU law aims to combat bogus self-employment and to provide social protection for the self-employed, recognizing the wide spectrum of their labour market situation. The case law of the Court of Justice of the European Union, discussed in this article, plays an important role in extending the personal scope of the concept of ‘worker’ under various social policy directives to persons who perform work on a basis other than an employment relationship, working under similar conditions.","PeriodicalId":52556,"journal":{"name":"Studia z Zakresu Prawa Pracy i Polityki Spolecznej","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-10-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71001391","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-07-21DOI: 10.4467/25444654spp.22.017.15691
B. Rutkowska
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.
{"title":"Scope of Reference of Employees’ Right to Daily and Weekly Rest (A Discussion Article)","authors":"B. Rutkowska","doi":"10.4467/25444654spp.22.017.15691","DOIUrl":"https://doi.org/10.4467/25444654spp.22.017.15691","url":null,"abstract":"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.","PeriodicalId":52556,"journal":{"name":"Studia z Zakresu Prawa Pracy i Polityki Spolecznej","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-07-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47387368","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-07-21DOI: 10.4467/25444654spp.22.014.15688
Magdalena Kuba, E. Staszewska
Profiling help for the unemployed – past experiences and new challenges from a human rights perspective The dynamic development of modern information and communication technologies, enabling data collection on a much larger scale than before, has contributed to a change in the way services are provided also in the public sector. It is noticeable, among others, in the area of labor market policy, where tools based on profiling are used, understood as developing profiles of people on the basis of specific data and inferring on their basis the occurrence of certain characteristics or behaviors in people assigned to a given profile. Experiences in this area on the ground of Polish legal regulations show what consequences the use of profiling may have in the context of providing help to the unemployed. The aim of this article is to analyze the issue of profiling on the basis of regulations on personal data protection and labor market regulations as well as to identify threats related to the use of profiling in the area of providing help to the unemployed from the perspective of human rights.
{"title":"Profilowanie pomocy dla bezrobotnych – dotychczasowe doświadczenia i nowe wyzwania z perspektywy praw człowieka","authors":"Magdalena Kuba, E. Staszewska","doi":"10.4467/25444654spp.22.014.15688","DOIUrl":"https://doi.org/10.4467/25444654spp.22.014.15688","url":null,"abstract":"Profiling help for the unemployed – past experiences and new challenges from a human rights perspective\u0000\u0000The dynamic development of modern information and communication technologies, enabling data collection on a much larger scale than before, has contributed to a change in the way services are provided also in the public sector. It is noticeable, among others, in the area of labor market policy, where tools based on profiling are used, understood as developing profiles of people on the basis of specific data and inferring on their basis the occurrence of certain characteristics or behaviors in people assigned to a given profile. Experiences in this area on the ground of Polish legal regulations show what consequences the use of profiling may have in the context of providing help to the unemployed. The aim of this article is to analyze the issue of profiling on the basis of regulations on personal data protection and labor market regulations as well as to identify threats related to the use of profiling in the area of providing help to the unemployed from the perspective of human rights.","PeriodicalId":52556,"journal":{"name":"Studia z Zakresu Prawa Pracy i Polityki Spolecznej","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-07-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49210182","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-07-21DOI: 10.4467/25444654spp.22.019.15693
M. Zakrzewska
What will be the impact of the UK Supreme Court ruling declaring Uber drivers as employees on the GIG ECONOMY? The author presents the verdict of the Supreme Court of Great Britain, recognizing Uber drivers as employees in the light of current laws. The subject of consideration is also the influence of the British judgment on legal and factual relations based on digital platforms in Poland, particularly in relation to Uber drivers. The author analyses the scope of protection to which persons employed on a basis other than employment contract are entitled and points out the necessity to adapt the existing regulations to the requirements of the labour market.
{"title":"Jaki wpływ na gospodarkę gig economy będzie miał wyrok Sądu Najwyższego Wielkiej Brytanii, uznający kierowców Ubera za pracowników?","authors":"M. Zakrzewska","doi":"10.4467/25444654spp.22.019.15693","DOIUrl":"https://doi.org/10.4467/25444654spp.22.019.15693","url":null,"abstract":"What will be the impact of the UK Supreme Court ruling declaring Uber drivers as employees on the GIG ECONOMY?\u0000\u0000The author presents the verdict of the Supreme Court of Great Britain, recognizing Uber drivers as employees in the light of current laws. The subject of consideration is also the influence of the British judgment on legal and factual relations based on digital platforms in Poland, particularly in relation to Uber drivers. The author analyses the scope of protection to which persons employed on a basis other than employment contract are entitled and points out the necessity to adapt the existing regulations to the requirements of the labour market.","PeriodicalId":52556,"journal":{"name":"Studia z Zakresu Prawa Pracy i Polityki Spolecznej","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-07-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71000763","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-07-21DOI: 10.4467/25444654spp.22.012.15686
Marta Otto
Algorithmic discrimination in employment. An overview Debates about the future of work in light of developments in artificial intelligence are held predominantly in the context of job losses and technological unemployment. Far less attention is paid to the challenges posed by the increasingly widespread phenomenon of algorithmisation of management functions in the modern world of work. Meanwhile, the shift to algorithmic management represents a significant qualitative change that, in addition to promising broadly understood modernisation and optimisation of decision-making processes, carries specific repercussions in the context of human rights protection, including in particular the prohibition of discrimination in employment. The article attempts to assess the adequacy of the EU antidiscrimination instrumentarium to the specifics of algorithmic discrimination mechanisms, and aims to encourage an in-depth scientific discussion on the need to develop effective regulatory responses at the national level.
{"title":"Dyskryminacja algorytmiczna w zatrudnieniu. Zarys problemu","authors":"Marta Otto","doi":"10.4467/25444654spp.22.012.15686","DOIUrl":"https://doi.org/10.4467/25444654spp.22.012.15686","url":null,"abstract":"Algorithmic discrimination in employment. An overview\u0000\u0000Debates about the future of work in light of developments in artificial intelligence are held predominantly in the context of job losses and technological unemployment. Far less attention is paid to the challenges posed by the increasingly widespread phenomenon of algorithmisation of management functions in the modern world of work. Meanwhile, the shift to algorithmic management represents a significant qualitative change that, in addition to promising broadly understood modernisation and optimisation of decision-making processes, carries specific repercussions in the context of human rights protection, including in particular the prohibition of discrimination in employment. The article attempts to assess the adequacy of the EU antidiscrimination instrumentarium to the specifics of algorithmic discrimination mechanisms, and aims to encourage an in-depth scientific discussion on the need to develop effective regulatory responses at the national level.","PeriodicalId":52556,"journal":{"name":"Studia z Zakresu Prawa Pracy i Polityki Spolecznej","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-07-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71001178","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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