The EU Directive 2023/970 is intended as a remedy for the persistent pay inequalities between men and women. It contains a comprehensive set of pay transparency mechanisms that seek to address the information asymmetry regarding salaries between employers and employees. These measures will not only apply during employment, but also at the pre-contractual stage. This article discusses the pay transparency prior to employment mechanisms provided for in the Directive (obligation to disclose the salary range at an early stage of recruitment, prohibition of asking about previous earnings, and therequirement of neutral and non-discriminatory job advertisements) and compares them with the current standards in Poland. The issue of the Directive’s personal scope was also addressed. The aim was to determine the extent to which the Directive’s implementation will affect the national legal framework for the recruitment process, as well as to put forward proposals for the wording of the provisions implementing the solutions in question.
This paper explores the legal and institutional controversies surrounding the recognition of sex work as a legitimate form of labour in Europe. Taking as its starting point the 2024 ruling by the European Court of Human Rights in the case of M.A. and Others v. France, which upheld the criminalisation of clients under the Nordic model, the author argues that such rulings reinforce a paternalistic framework of ‘protection’ at the expense of the autonomy, safety, and rights of sex workers. The paper examines the various regulatory models in Europe – from prohibition to full decriminalisation – and their symbolic and practical consequences. The focus is on the tensions between human rights protection, public interest, and the agency of sex workers themselves. Recognising sex work as work requires an institutional shift: moving from a logic of punishment towards one of protection, regulation, and representation. The analysis also addresses the role of the International Labour Organization (ILO), the limited access to collective representation, and the experience of trade unions and grassroots initiatives such as the UK’s Sex Workers’ Union (SWU) and Argentina’s AMMAR. The conclusion is clear: no framework can be complete or genuinely equitable without acknowledging the agency and voice of sex workers.
The article examines the legal regulations concerning the right of trade unions to obtain information from the employer. Trade unions, acting in the interests of the employees, have access to key data on working conditions and the company’s affairs. This disclosure of information enables them to conduct effective negotiations, participate in decision-making processes, and strengthen social dialogue in the workplace.
The paper is an analytical essay on the future of labour law under conditions of ‘new feudalism’, understood as an order of dependency based on the ownership of infrastructure and data, in which the protection of rights becomes conditional and selective. It begins with the claim that in such a configuration labour law loses its universalist character and increasingly functions as a licence granted to selected groups of workers rather than as an instrument for mitigating inequalities. The author shows how the concentration of ownership, the fissuring of workplaces and the digital organisation of employment lead to the deinstitutionalisation of labour law, the erosion of the collective subjectivity in the world of work and the progressive juridification of inequality. The platform economy and complex subcontracting chains are treated as a lens through which a broader tectonic shift becomes visible: the transfer of real power from workers to the owners of infrastructure and data. In conclusion, the text highlights the gap between ‘islands of progress’ case law and new regulations and the ‘sea of erosion’ of everyday enforcement, where institutions increasingly perform only the ritual of protection. The essay does not offer a catalogue of reforms but invites reflection on the language in which work can still be described and defended as a source of subjectivity, rather than merely as a transaction.
The article explores the historical development of workplace monitoring, from ancient systems of labour control to modern measures of digital surveillance. It examines how monitoring mechanisms have evolved alongside changes in technology, work organisation, and management theories – from early surveillance and record-keeping on the workforce, through moral oversight to algorithm-driven tracking of employees’ behaviour and their psychological and emotional states. By analysing current trends within the historical context, the article draws attention to the cyclical nature of patterns evident in contemporary workplace monitoring models and argues that theories considered by many as outdated and incompatible with contemporary workplace conditions, continue to play a significant role in shaping labour relations. The article challenges the myth of technological objectivity and calls for a more ethical and, above all, conscious approach to the issue of workplace monitoring.
The author analyzes the issue of employee business travel in terms of its classification as working time. He views business travel more broadly, encompassing the time spent performing assigned work tasks at the destination, travel time, and, sometimes, rest time. He sees the inclusion of travel time as working time as the main problem. He emphasizes that this issue is approached differently in case law and labor law scholarship, a fact compounded by the limited legal provisions governing business travel. For clarity, he first addresses the concept and types of business travel. Next, he analyzes business travel through the lens of the definition of working time, specifically examining whether travel time can be considered a period of time at the employer’s disposal, and at a designated work location, which would imply its recognition as working time.
The article examines the union representative’s right of access to the workplace in light of wider legislative changes brought on by the new law on collective labour agreements and collective accords. Departing from a presentation of the broader context of the legal reform, the article discusses the aim of strengthening the role of collective bargaining and removing administrative barriers therein. In its first part, the article discusses the legal structure of the right of access to the workplace as an instrument aimed at bolstering the bargaining capacity on the workers’ side during negotiations, as well as in the process of monitoring the execution of a collective agreement. This solution implements international standards that arise from ILO Convention No. 135 and facilitates contact between trade union representatives and employees. The article then discusses changes to the registration procedure, now replaced by a publicly accessible, digital registry of collective agreements and collective accords. It then examines changes to the process of judicial review of a collective agreement. The importance of public access to the content of collective agreements and collective accords is emphasised as a factor supporting transparency and the development of collective bargaining coverage. The final part of the article analyses amendments to the procedure of extension of a multi-employer collective agreement, pointing to the liberalisation of formal requirements and a potentially greater role of the state. Although the reform does not fundamentally restructure the model of collective labour agreements, it still introduces legal mechanisms that may support the development of collective bargaining practice in Poland.
The development of new technologies and the increasing popularity of remote work create new challenges with regard to ensuring fair working conditions for all workers. However, the Polish labour law system significantly differentiates between employees who perform remote work and those who perform remote work as trainees. This leads to different treatment with regard, for example, to wages and working conditions. This article firstly describes the legislative context of remote work in the Polish labour law system. Secondly, it discusses the legal situation of different types of trainees in the context of remote work. Finally, it will formulate de lege ferenda postulates for creating fairer working conditions for trainees performing remote work.
This article examines the category of women in Polish employment law. The author attempts to demonstrate that the obviousness of the said category does not necessarily mean that it is properly identified and understood, which is necessary for the development of effective employment law. The author also identifies the areas in which the context of woman is used in Polish employment law. She attempts to answer the question whether this contexts or use are sufficient to satisfy the constitutional principle of equality, as defined in Article 32 of the Constitution of the Republic of Poland.
The threat of unemployment is not uniform across all social groups. Some groups – including those fulfilling parental/caregiving responsibilities – are significantly more vulnerable to exclusion from the labor market. Legislators are currently seeking to activate women with children returning to the labor market (so-called targeted support) and to assist families. After many years, they are recognizing single parents and members of large families and creating forms of assistance specifically for them, taking into account their extremely difficult and complex situation. The instruments retained in the 2025 Act, with some modifications (e.g., activation benefits, a grant for creating a remote work position), as well as the completely new ones (e.g., extending the period of unemployment status), should generally be assessed positively. However, a coherent model of support for unemployed parents/guardians remains lacking, and the legislature continues to treat them as incidental rather than systemic. However, a realistic assessment of whether the situation of unemployed parents/guardians has actually improved in a competitive labor market will only be possible in the future.
The author analyzes the concept of “remaining at the employer’s disposal” as part of the definition of working time under Article 128 of the Labor Code. He sees the fundamental problem as identifying the premises for recognizing that an employee is at the employer’s disposal. He emphasizes that this issue is approached differently in case law and labor law scholarship, which necessitates systematization and a position that takes into account the current legal status and prevailing socio-economic realities. He adds that recognizing a given period as working time is important because it directly impacts the employment relationship between the parties. He also considers it crucial to address the relationship between the concepts of “remaining at the employer’s disposal” and “being in readiness for work,” as they are not synonymous and are sometimes used inconsistently. He also considers whether it is possible to be at the employer’s disposal in at least two concurrent employment relationships.