The issues included in the article focus on a tool ensuring compliance with provisions of the social law and labour law, as well as collective agreements (so-called cross-cutting “social clause” or horizontal clause) and more precisely on the analysis of regulations of Polish Public Procurement Law related to the requirement posed in relation to economic operators or subcontractors, concerning mandatory employment of staff under an employment relationship when they execute public procurement contracts. The regulation fulfils the protective function of the labour law, underlying the priority of employment. It was emphasized that socially responsible public procurement are inseparably connected with compliance with the provisions of the labour law, whose main aim is to protect the employee. The article also analyses selected issues concerning socially responsible public procurement and the notion of an employment relationship.
{"title":"The Requirement of Employment under an Employment Relationship in Public Procurement and the Protective Function of the Labour Law","authors":"Małgorzata Moras","doi":"10.4467/25444654spp.21.028.14270","DOIUrl":"https://doi.org/10.4467/25444654spp.21.028.14270","url":null,"abstract":"The issues included in the article focus on a tool ensuring compliance with provisions of the social law and labour law, as well as collective agreements (so-called cross-cutting “social clause” or horizontal clause) and more precisely on the analysis of regulations of Polish Public Procurement Law related to the requirement posed in relation to economic operators or subcontractors, concerning mandatory employment of staff under an employment relationship when they execute public procurement contracts. The regulation fulfils the protective function of the labour law, underlying the priority of employment. It was emphasized that socially responsible public procurement are inseparably connected with compliance with the provisions of the labour law, whose main aim is to protect the employee. The article also analyses selected issues concerning socially responsible public procurement and the notion of an employment relationship.","PeriodicalId":52556,"journal":{"name":"Studia z Zakresu Prawa Pracy i Polityki Spolecznej","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71000794","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}
Admissibility of disclosing to trade unions information on the amount of an employee’s remuneration in the common employment model (polemical article) In doctrine and jurisprudence, the prevailing view is that employers are not obliged to disclose to trade unions, at their request and within the framework of trade union monitoring of compliance with the law, information on employee wages. According to the 1993 resolution of the panel of seven judges of the Supreme Court, an employer may disclose such information, but only with the employee’s consent. Otherwise, the personal right of the person performing the work may be infringed. Such an opinion is not convincing. It stands in clear opposition to the law in force. It also leads to depriving the trade union organisation of the right to carry out systemic control of the employer’s compliance with the principle of equal remuneration for equal work or work of equal value (Art. 18(3c) of the Labour Code).
{"title":"Dopuszczalność ujawniania związkom zawodowym informacji o wysokości wynagrodzenia pracownika w powszechnym modelu zatrudnienia (artykuł polemiczny)","authors":"J. Piątkowski, B. Rutkowska","doi":"10.4467/25444654spp.21.009.13399","DOIUrl":"https://doi.org/10.4467/25444654spp.21.009.13399","url":null,"abstract":"Admissibility of disclosing to trade unions information on the amount of an employee’s remuneration in the common employment model (polemical article) In doctrine and jurisprudence, the prevailing view is that employers are not obliged to disclose to trade unions, at their request and within the framework of trade union monitoring of compliance with the law, information on employee wages. According to the 1993 resolution of the panel of seven judges of the Supreme Court, an employer may disclose such information, but only with the employee’s consent. Otherwise, the personal right of the person performing the work may be infringed. Such an opinion is not convincing. It stands in clear opposition to the law in force. It also leads to depriving the trade union organisation of the right to carry out systemic control of the employer’s compliance with the principle of equal remuneration for equal work or work of equal value (Art. 18(3c) of the Labour Code).","PeriodicalId":52556,"journal":{"name":"Studia z Zakresu Prawa Pracy i Polityki Spolecznej","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71000366","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}
Obligation to notify Social Security Agency about a specific work contract – improvement of the control system in the light of constitutional principles of equality, proportionality and information autonomy The purpose of the paper is to analyze obligation to notify Social Security Agency about concluded specific work contracts, which was introduced as of 1 January 2021 in the social security system act. Firstly, the way in which the new obligation was introduced raises significant doubts. Under the guise of anti-crisis measures, a new obligation has been introduced in the Anti-Crisis Shield, which has little to do with its purpose. Secondly, the prima facie technical obligation also raises practical doubts, but more importantly, it prompts questions about its compliance with the constitutional principles of equality, proportionality and information autonomy. Fulfillment of the obligation results in transfer to the Social Security Agency of significant data on legal relationship that are – as a rule – indifferent from the perspective of the social security system, the scope of which is not determined by a statute, but by a sub-statutory act.
{"title":"Obowiązek zgłoszenia umowy o dzieło do ZUS – usprawnienie systemu kontroli w świetle konstytucyjnych zasad równości, proporcjonalności i autonomii informacyjnej","authors":"Agata Miętek","doi":"10.4467/25444654spp.21.027.14269","DOIUrl":"https://doi.org/10.4467/25444654spp.21.027.14269","url":null,"abstract":"Obligation to notify Social Security Agency about a specific work contract – improvement of the control system in the light of constitutional principles of equality, proportionality and information autonomy The purpose of the paper is to analyze obligation to notify Social Security Agency about concluded specific work contracts, which was introduced as of 1 January 2021 in the social security system act. Firstly, the way in which the new obligation was introduced raises significant doubts. Under the guise of anti-crisis measures, a new obligation has been introduced in the Anti-Crisis Shield, which has little to do with its purpose. Secondly, the prima facie technical obligation also raises practical doubts, but more importantly, it prompts questions about its compliance with the constitutional principles of equality, proportionality and information autonomy. Fulfillment of the obligation results in transfer to the Social Security Agency of significant data on legal relationship that are – as a rule – indifferent from the perspective of the social security system, the scope of which is not determined by a statute, but by a sub-statutory act.","PeriodicalId":52556,"journal":{"name":"Studia z Zakresu Prawa Pracy i Polityki Spolecznej","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71000726","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}
Unemployment benefit for former officers of the uniformed services and soldiers – selected legal issues in the context of court rulings Although the unemployment benefit is a well-established institution in the Polish legal system, which makes it possible to mitigate the material consequences of unemployment, its practical functioning sometimes encounters serious difficulties, which is illustrated by the extensive court decisions regarding various aspects of the right of former officers of the uniformed services and soldiers to that benefit. The aim of the study is to show the more important problems of interpretation and to formulate proposals of their solution.
{"title":"Zasiłek dla bezrobotnych byłych funkcjonariuszy i żołnierzy – wybrana problematyka prawna na tle orzecznictwa sądowego","authors":"Magdalena Paluszkiewicz","doi":"10.4467/25444654spp.21.026.14268","DOIUrl":"https://doi.org/10.4467/25444654spp.21.026.14268","url":null,"abstract":"Unemployment benefit for former officers of the uniformed services and soldiers – selected legal issues in the context of court rulings Although the unemployment benefit is a well-established institution in the Polish legal system, which makes it possible to mitigate the material consequences of unemployment, its practical functioning sometimes encounters serious difficulties, which is illustrated by the extensive court decisions regarding various aspects of the right of former officers of the uniformed services and soldiers to that benefit. The aim of the study is to show the more important problems of interpretation and to formulate proposals of their solution.","PeriodicalId":52556,"journal":{"name":"Studia z Zakresu Prawa Pracy i Polityki Spolecznej","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71001087","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}
The COVID-19 pandemic has caused various disruptions in the production chains of Multinational Enterprises (MNEs). Among other disruptions there is a drop of product sales, often due to lock-down measures, which resulted in last-minute order cancellations, non-payment of the already purchased resources and already made products, and hence terminations of employment contracts. International organisations and nongovernmental organisations have called upon MNEs to take their corporate social responsibility (CSR) and honour the contracts. The aim of this article is to analyse to what extend this moral appeal is also a (quasi-)legal appeal following from international norms on CSR. After an assessment of the main labour law problems caused by the COVID-19 pandemic, an analysis follows on each of the identified problems. The conclusion of the analysis is that MNEs indeed are not only morally obliged to take their responsibility, but also based on the (quasi-)legal international CSR norms.
{"title":"Corporate social responsibility in times of the COVID-19 pandemic","authors":"Beryl Philine Ter Haar","doi":"10.31261/zpppips.2021.19.01","DOIUrl":"https://doi.org/10.31261/zpppips.2021.19.01","url":null,"abstract":"The COVID-19 pandemic has caused various disruptions in the production chains of Multinational Enterprises (MNEs). Among other disruptions there is a drop of product sales, often due to lock-down measures, which resulted in last-minute order cancellations, non-payment of the already purchased resources and already made products, and hence terminations of employment contracts. International organisations and nongovernmental organisations have called upon MNEs to take their corporate social responsibility (CSR) and honour the contracts. The aim of this article is to analyse to what extend this moral appeal is also a (quasi-)legal appeal following from international norms on CSR. After an assessment of the main labour law problems caused by the COVID-19 pandemic, an analysis follows on each of the identified problems. The conclusion of the analysis is that MNEs indeed are not only morally obliged to take their responsibility, but also based on the (quasi-)legal international CSR norms.","PeriodicalId":52556,"journal":{"name":"Studia z Zakresu Prawa Pracy i Polityki Spolecznej","volume":"33 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-11-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82220941","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}
Rights and obligations of parties to an employment relationship during the COVID-19 pandemic The article discusses the most important regulations regarding the rights and obligations of employers and employees during the COVID-19 pandemic, both for employees performing remote work and employees who, due to the nature of their work, must perform it at the workplace. In order to counteract COVID-19, the employer may instruct the employee to perform, for a fixed period, work specified in the employment contract, outside the place of its permanent performance (remote work). In the current situation, in principle, the employer may, whenever an employee performs remote work, order it for 180 days from the date of the Act’s entry into force. There appear a number of problems in the field of labour law when working remotely, including how to comply with OSH regulations, how to proceed in the event of an accident at work or control of working time. An employer may commission remote work to only part of the employees, e.g. those who have children. Yet, this should be justified by objective circumstances. The employer should take all available precautions, such as ordering remote work or even temporary closure of an enterprise, if his employees are infected with the SARS-CoV-2 virus in order to enable State Sanitary Inspection or physicians or himself to take action. During the epidemic, the employer also has the right to carry out preventive checks of employees’ temperature. There is no legal basis for employers to send their employees to quarantine themselves. The employer may also not allow an employee to work without a preliminary and control examination. The last part of the article deals with the so-called crisis agreements concluded with employee representatives.
{"title":"Prawa i obowiązki stron stosunku pracy w czasie pandemii COVID-19","authors":"Magdalena Rycak","doi":"10.4467/25444654SPP.20.028.12615","DOIUrl":"https://doi.org/10.4467/25444654SPP.20.028.12615","url":null,"abstract":"Rights and obligations of parties to an employment relationship during the COVID-19 pandemic The article discusses the most important regulations regarding the rights and obligations of employers and employees during the COVID-19 pandemic, both for employees performing remote work and employees who, due to the nature of their work, must perform it at the workplace. In order to counteract COVID-19, the employer may instruct the employee to perform, for a fixed period, work specified in the employment contract, outside the place of its permanent performance (remote work). In the current situation, in principle, the employer may, whenever an employee performs remote work, order it for 180 days from the date of the Act’s entry into force. There appear a number of problems in the field of labour law when working remotely, including how to comply with OSH regulations, how to proceed in the event of an accident at work or control of working time. An employer may commission remote work to only part of the employees, e.g. those who have children. Yet, this should be justified by objective circumstances. The employer should take all available precautions, such as ordering remote work or even temporary closure of an enterprise, if his employees are infected with the SARS-CoV-2 virus in order to enable State Sanitary Inspection or physicians or himself to take action. During the epidemic, the employer also has the right to carry out preventive checks of employees’ temperature. There is no legal basis for employers to send their employees to quarantine themselves. The employer may also not allow an employee to work without a preliminary and control examination. The last part of the article deals with the so-called crisis agreements concluded with employee representatives.","PeriodicalId":52556,"journal":{"name":"Studia z Zakresu Prawa Pracy i Polityki Spolecznej","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-09-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71000176","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}
GDPR as statutory source of labour law within the meaning of Art. 9 of the Labour Code This study shows that certain EU regulations, like GDPR which was directly implemented into the Polish legal system, are to be considered the source of labour law. Therefore, the collective agreements concluded on their basis must be considered the “peculiar” source of labour law. As a consequence, the collective agreements concluded on the basis of GDPR become the source of labour law in force in Poland, and thus are normative in nature.
{"title":"RODO jako ustawowe źródło prawa pracy w rozumieniu art. 9 k.p.","authors":"J. Żołyński","doi":"10.4467/25444654SPP.20.022.12609","DOIUrl":"https://doi.org/10.4467/25444654SPP.20.022.12609","url":null,"abstract":"GDPR as statutory source of labour law within the meaning of Art. 9 of the Labour Code This study shows that certain EU regulations, like GDPR which was directly implemented into the Polish legal system, are to be considered the source of labour law. Therefore, the collective agreements concluded on their basis must be considered the “peculiar” source of labour law. As a consequence, the collective agreements concluded on the basis of GDPR become the source of labour law in force in Poland, and thus are normative in nature.","PeriodicalId":52556,"journal":{"name":"Studia z Zakresu Prawa Pracy i Polityki Spolecznej","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-09-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47490710","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}
One hallmark of Polish unemployment regulations introduced gradually from the early 1990s is that apart from protective actions i.e. unemployment benefits they make provision for instruments supporting professional activation of the unemployed. Throughout time the regulations concerning this matter evolved and new forms of support for the unemployed were introduced, taking into account the needs of the changing labour market. The necessity of tackling the challenges of the labour market in post-industrial economy, especially in terms of increasing employment flexibility, led to development and rise in significance of atypical employment forms. Such solutions are also used in encouraging professional activation of the unemployed. This study comprises analysis of three atypical employment practises: part-time employment, telework and temporary employment which apply to the unemployed in accordance with the rules of the Act of 20 April 2004 on employment promotion and on labour market institutions, regulations about job market instruments.
{"title":"The Use of Atypical Forms of Employment with the Aim of Professional Activation of the Unemployed","authors":"Anna Kosut","doi":"10.4467/25444654SPP.20.025.12612","DOIUrl":"https://doi.org/10.4467/25444654SPP.20.025.12612","url":null,"abstract":"One hallmark of Polish unemployment regulations introduced gradually from the early 1990s is that apart from protective actions i.e. unemployment benefits they make provision for instruments supporting professional activation of the unemployed. Throughout time the regulations concerning this matter evolved and new forms of support for the unemployed were introduced, taking into account the needs of the changing labour market. The necessity of tackling the challenges of the labour market in post-industrial economy, especially in terms of increasing employment flexibility, led to development and rise in significance of atypical employment forms. Such solutions are also used in encouraging professional activation of the unemployed. This study comprises analysis of three atypical employment practises: part-time employment, telework and temporary employment which apply to the unemployed in accordance with the rules of the Act of 20 April 2004 on employment promotion and on labour market institutions, regulations about job market instruments.","PeriodicalId":52556,"journal":{"name":"Studia z Zakresu Prawa Pracy i Polityki Spolecznej","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-09-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71000168","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}
In all EU Member States the status of people employed on job platforms is not fully legally regulated. It is necessary to consider the sources of the contemporary phenomenon of electronic employment, which is not amenable to legal regulation in the Union constituting an “area of freedom, security and justice with respect for fundamental rights” (Art. 67 (1) of the Treaty on the Functioning of the European Union). The right to work in decent conditions, with adequate remuneration, belongs to this category of rights. In the discussion on employment platforms state authorities are more inclined to consider issues related to new technologies, processes and changes caused by the development and application of modern digital technologies (digitization) in almost all areas. The headquarters of trade unions mainly discuss the legal position of employees and the role of employment platforms in employment relations in the post-industrial era. Entrepreneurs and their organizations, including private institutions and employment platforms, are interested in equal treatment by national legislators in local labour markets. They are afraid of the breach of the balance favorable to their own economic interests, caused by the public interest in the possibility of using employment in atypical forms of employment. Services consisting in employment provided under employment platforms are incomparably cheaper than identical work performed by employees employed under employment contracts.
{"title":"The Phenomenon of Digital Labour Platforms","authors":"A. Świątkowski","doi":"10.4467/25444654SPP.20.021.12608","DOIUrl":"https://doi.org/10.4467/25444654SPP.20.021.12608","url":null,"abstract":"In all EU Member States the status of people employed on job platforms is not fully legally regulated. It is necessary to consider the sources of the contemporary phenomenon of electronic employment, which is not amenable to legal regulation in the Union constituting an “area of freedom, security and justice with respect for fundamental rights” (Art. 67 (1) of the Treaty on the Functioning of the European Union). The right to work in decent conditions, with adequate remuneration, belongs to this category of rights. In the discussion on employment platforms state authorities are more inclined to consider issues related to new technologies, processes and changes caused by the development and application of modern digital technologies (digitization) in almost all areas. The headquarters of trade unions mainly discuss the legal position of employees and the role of employment platforms in employment relations in the post-industrial era. Entrepreneurs and their organizations, including private institutions and employment platforms, are interested in equal treatment by national legislators in local labour markets. They are afraid of the breach of the balance favorable to their own economic interests, caused by the public interest in the possibility of using employment in atypical forms of employment. Services consisting in employment provided under employment platforms are incomparably cheaper than identical work performed by employees employed under employment contracts.","PeriodicalId":52556,"journal":{"name":"Studia z Zakresu Prawa Pracy i Polityki Spolecznej","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-09-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49006572","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}
Protection of the Interest of Workers in Court Proceedings after the Amendment to the Polish Code of Civil Procedure of 4 July 2019
2019年7月4日《波兰民事诉讼法》修正案后,在法庭诉讼中保护工人利益
{"title":"Protection of the Interest of Workers in Court Proceedings after the Amendment to the Polish Code of Civil Procedure of 4 July 2019","authors":"K. Baran","doi":"10.4467/25444654spp.20.020.12067","DOIUrl":"https://doi.org/10.4467/25444654spp.20.020.12067","url":null,"abstract":"Protection of the Interest of Workers in Court Proceedings after the Amendment to the Polish Code of Civil Procedure of 4 July 2019","PeriodicalId":52556,"journal":{"name":"Studia z Zakresu Prawa Pracy i Polityki Spolecznej","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-06-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48395914","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}