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Journal: Z Problematyki Prawa Pracy i Polityki Socjalnej

Mechanisms That Could Be Used to Prevent Diplomats from Abusing the Immunities and Privileges of Their Authority

Lama Allan Abusamra

Language: EN | Published: 22-08-2024 | Abstract | pp. 1-17

The issue of abuse pertaining to diplomatic privileges and immunities is of significant concern, as it has the potential to disrupt diplomatic relations. This issue can be attributed to the rise in the number of individuals who are granted immunity. Insufficient training of diplomatic personnel and a deficiency in ethical guidelines have played a role in the increasing occurrence of diplomatic envoys exploiting their diplomatic privileges and immunities. This has prompted states to enforce the regulations governing diplomatic privileges and immunities more strictly and to propose remedies to combat such misconduct.

2024-08-22



Journal: Z Problematyki Prawa Pracy i Polityki Socjalnej

Criminal sanctions for infringement of provisions implementing the Platform Directive?

Joanna Unterschütz

Language: PL | Published: 22-04-2025 | Abstract | pp. 1-13

The paper discusses the effectiveness of introducing criminal sanctions for violations of provisions implementing the Directive on improving working conditions in platform work. The analysis includes the obligation to establish “effective, proportionate, and dissuasive” penalties, provided in this and other labour law directives and the possibility to choose criminal sanctions to this end. The paper also examines the current practice of implementing criminal sanctions in Poland, highlighting such issues as low fines and limited deterrence. Challenges related to the place of committing a crime and the criminal liability of AI in algorithmic management systems are dis[1]cussed. The conclusion suggests that the perspective of introducing criminal liability for breaches of the Platform Directive is a complex issue, requiring a comprehensive discussion on the system of criminal labour law in Poland.

2025-04-22



Journal: Z Problematyki Prawa Pracy i Polityki Socjalnej

Reasonable accommodation beyond disability and the concept of vulnerability in Europe

Livio Rubino

Language: EN | Published: 29-04-2022 | Abstract | pp. 1-19

The article addresses the provision of reasonable accommodation within the context of the European Union, in particular within EU labour law. Specifically, the provision of reasonable accommodation is enshrined within the framework provided by non-discrimination law. Furthermore, the article introduces the concept of vulnerability which represents a new and pioneering category especially in legal studies. The research question wonders whether it would be feasible to expand the provision on reasonable accommodation beyond the ground of disability considering vulnerability as an encompassing category to be used in order to evaluate whether a reasonable accommodation can be required or not. To this aim, it has to be noted that disability is the only ground based on which a reasonable accommodation can be provided under the EU law.

2022-04-29



Journal: Z Problematyki Prawa Pracy i Polityki Socjalnej

ILO Convention No. 190 concerning the Elimination of Violence and Harassment in the World of Work and Recommendation No. 206

Eva Kocher

Language: EN | Published: 23-05-2023 | Abstract | pp. 1-17

Violence and harassment are present in the world of work in the most diverse forms2. The ILO Violence and Harassment Convention 20193 should therefore be of great importance for labour law practice. It was adopted on 21 June 2019, together with the non-binding Recommendation for Implementation (No. 206)4, on the occasion of the centenary of the ILO.
As the Convention falls partly within the competence of the European Union, with the EU not being able to ratify the Convention itself5, the European Commission has invited the member states to ratify the Convention by the end of 20226. The German Federal Government is currently planning ratification.
In the following, I give an overview of the Convention and, using German law as an example, discuss how it could be implemented in a legal system shaped by EU law.

2023-05-23



Journal: Z Problematyki Prawa Pracy i Polityki Socjalnej

EU law and problems of the codification of the Bulgarian labour legislation

Krassimira Sredkova

Language: EN | Published: 19-04-2023 | Abstract | pp. 1-19

Based on historical experience, in Bulgarian labour legislation, in recent years the problem of the state of its codification has become more and more pronounced. This condition is alarming. In the presence of a reasonable, comprehensive code, laws are being constantly adopted on separate issues that either do not regulate anything specific, or repeat provisions of the Labour Code. Furthermore, the body of by-laws
keeps expanding uncontrollably. Most often this is explained by some requirements of EU law, new socio-economic conditions, etc., while in fact this expansion is due to inadequate expertise of the law-making bodies, interference of non-legal considerations, etc. This creates many difficulties in understanding and applying labour legislation.

2023-04-19



Journal: Z Problematyki Prawa Pracy i Polityki Socjalnej

Necessity of Reconsideration of Labour Law Relations – Pandemic, Labour Market, Social Innovation

Gábor Mélypataki , Dávid Adrián Máté

Language: EN | Published: 24-06-2021 | Abstract | pp. 1-19

The changing of labour law relations has been accelerated because of recent events. The suddenly occurring pandemic situation has overwritten all the processes of the labour market. We are faced with numerous problems while recovering from the crisis. Basic questions should be asked, and they have to be considered. One thing is sure: nothing will be the same as before. The situation created by COVID-19 is a disaster and probably an opportunity at the same time. It is an opportunity for rebuilding and developing a bit different and maybe a fairer labour market. There are several open questions which should not be answered at once, but we should dare to ask them. Given the initial stage of the epidemic, this study seeks to shed light on the issues that have arisen rather than to give concrete answers to each of the potential problems. The copy of the manuscript submitted for publication was finished in April 2020, so by the time it is published, we may have already received answers to many things, but it is more likely that many questions will remain open.

2021-06-24



Journal: Z Problematyki Prawa Pracy i Polityki Socjalnej

Remote work as a new labor law institution

Patrycja Pokutycka

Language: PL | Published: 24-06-2022 | Abstract | pp. 1-18

The article concerns the topic of remote work. In the context of the COVID-19 pandemic, remote work has become a common solution, which has intensified the demands for its permanent introduction into the Polish law. Patrycja Pokutycka’s article compares remote work to the Labor Code’s regulations concerning teleworking. In addition, Pokutycka draws attention to what the regulations on remote work should look like in the future. Regulating remote work in the Labor Code would require a detailed analysis of the reasons for its introduction and the interests of both employers and employees.

2022-06-24



Journal: Z Problematyki Prawa Pracy i Polityki Socjalnej

Brazil in the ILO Committee on Freedom of Association (CFA): The COVID-19 economic crisis and the possible new Labour Reforms

Antonio Rodrigues de Freitas Júnior , Victor Raduan da Silva

Language: EN | Published: 30-06-2022 | Abstract | pp. 1-14

In 2018, the Committee on Freedom of Association (CFA) of the International Labour Organization (ILO) released its Annual Report showing a puzzling scenario: around 50% of the complaints – 1,681 out of 3,336 – presented before the Committee since its creation have come from Latin America. If we analyse the last 10 years – i.e. from 2008 to 2018 – we find out a more astonishing situation: around 67% of the complaints – 477 out of 708 – came from Latin America. This Latin-American presence in the CFA may become even greater due to the COVID-19 pandemic, as economic downturns often impact labour rights. By the way, it was during an economic crisis in Brazil that the 2017 Labour Reform – symbolized by Law No. 13,467/2017, in force since November that year – was passed, remodelling some of the Labour Law pillars in the country. On the ILO Normlex website, we notice that three Brazilian complaints were sent to the CFA after November 2017: Cases No. 3327, 3344, and 3355. They may show us how freedom of association has been recently treated in diverse economic sectors, as well as sow the seeds of Labour Reforms amid/after the COVID-19 economic crisis. This article utilizes observational/exploratory methods to analyse these three cases, pointing out if/how the core modifications of the 2017 Labour Reform in Brazil connect with the debates in the selected CFA Cases. All in all, what about next Reforms?

2022-06-30



Journal: Z Problematyki Prawa Pracy i Polityki Socjalnej

The Impact of COVID-19 Crisis on Italian Labour Law

Emanuele Menegatti

Language: EN | Published: 25-02-2021 | Abstract | pp. 1-12

The Italian response to the Covid-19 crisis involved a general lockdown of all nonessential activities, accompanied by significant labour law and social security measures. The overall idea behind the Government’s action has been that of safeguarding, as far as practicable, the employment level and workers/families income, notwithstanding the sharp slowdown of business and professional activities. For that purpose, a temporary block of dismissals for economic reasons has been issued, combined with an almost mandatory use of remote work, whenever feasible, and a massive recourse to short-time work compensation schemes. Other measures have involved financial support for the self-employed, extraordinary leaves for parents to cope with schools closure, and special health and safety measures when work is to be performed within the employer’s premises.

2021-02-25



Journal: Z Problematyki Prawa Pracy i Polityki Socjalnej

The right to be unavailable (offline) – is it time for a new principle of employment law?

Iwona Więckiewicz-Szabłowska

Language: EN | Published: 12-06-2025 | Abstract | pp. 1-17

This article evaluates the necessity of incorporating provisions regarding the right to be offline into the Polish Labour Code, particularly focusing on the aspect of employees’ availability for communication outside of official working hours. The author underscores that the employer’s expectation of communication availability from employees outside of designated working hours stems from the employee’s duty of care for the welfare of the workplace. However, the current legal framework does not afford employees the necessary protection to counteract this expectation with the right to be unavailable (offline) under the Code. The article presents a proposal for regulating this new law, drawing insights from the 2021 resolution of the European Parliament and the framework agreements established by social partners in 2020 and 2022.

2025-06-12



Journal: Z Problematyki Prawa Pracy i Polityki Socjalnej

The admissibility of the payment of remuneration in cryptocurrency in the light of Polish labor law

Jakub Grygutis

Language: PL | Published: 19-04-2023 | Abstract | pp. 1-16

The problem posed by Jakub Grygutis in this article concerns the admissibility of the payment of remuneration in cryptocurrency in the light of Polish law. Grygutis analyzes the legal nature of cryptocurrencies as a means of payment. Currently, a state of what can be called legal dualism obtains with regard to cryptocurrencies. The bitcoin is means of payment in El Salvador, while other cryptocurrencies do not have this value. Next, Grygutis analyzes the key issue through the prism of Art. 86 § 2 of the Labor Code, which defines the rules for the payment of remuneration.

2023-04-19



Journal: Z Problematyki Prawa Pracy i Polityki Socjalnej

The COVID-specific Measures in the Netherlands – Do They Fit into the General Picture?

Nicola Gundt

Language: EN | Published: 24-06-2021 | Abstract | pp. 1-16

This article discusses the nature of the Dutch COVID relief measures for employers concerning wage costs. The question is raised whether the ad-hoc decrees fit into the general picture of Dutch labour law and respects the two key principles (1) safeguarding employees’ income and (2) requesting employee flexibility with regard to the work in case the exact job does not exist any more or is under serious threat. The contribution finds that the emergency legislation does respect these two main principles, while judges refuse substantial modifications of wages and / or working hours on the basis of reasonableness, also upholding the key principles of employee protection.

2021-06-24



Journal: Z Problematyki Prawa Pracy i Polityki Socjalnej

Atypical work as flexible work: The rise if labour instability in the Spanish labour market

Anna Ginès i Fabrellas

Language: EN | Published: 01-04-2020 | Abstract | pp. 61-87

The aim of the article is to analyze the Spanish labour law reforms adopted in a period of 10 years and their impact in terms of increasing or decreasing employment precariousness; particularly, in terms of increasing or decreasing labour instability through the promotion of atypical forms of work. The paper concludes that the legislative efforts aimed at promoting permanent employment mainly through reductions on Social Security contributions on behalf of the employer have been offset with other reforms that promote and favour atypical forms of work, such as fixed-term, training, internship, part-time contracts, and self-employment. As a result, atypical forms of work have significantly increased and become flexible forms of work, thus, increasing labour instability.

2020-04-01



Journal: Z Problematyki Prawa Pracy i Polityki Socjalnej

Corporate Social Responsibility in Times of the COVID-19 Pandemic

Beryl Philine ter Haar

Language: EN | Published: 27-11-2020 | Abstract | pp. 1-36

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.

2020-11-27



Journal: Z Problematyki Prawa Pracy i Polityki Socjalnej

An order to employ employees particularly protected seeking work reinstatement. A critical analysis

Monika Latos-Miłkowska , Michał Kibil

Language: PL | Published: 25-04-2024 | Abstract | pp. 1-15

On September 22, 2023, art. 7555 of the Code of Civil Procedure came into force, establishing a new means of securing the claim in the form of an obligation to continue the employment of employees particularly protected against termination of employment contract, who have filed a claim for reinstatement, until the final conclusion of the proceedings. Art. 7555 of the Code of Civil Procedure has a very specific character – both in the light of the basic principles of labor law, especially the principle of voluntary establishment of an employment relationship, and under the provisions of civil procedure, constituting a far-reaching exception to art. 731 of the Code of Civil Procedure. Due to the above, the provision raises significant doubts and concerns, especially on the part of employers. In this study, the authors conduct an in-depth analysis of Art. 7555 of the Code of Civil Procedure and attempt to evaluate the regulation.

2024-04-25



Journal: Z Problematyki Prawa Pracy i Polityki Socjalnej

Pay transparency prior to employment: Impact of Directive (EU) 2023/970 on the legal framework for the recruitment process

Krzysztof Jajor

Language: PL | Published: 05-05-2025 | Abstract | pp. 1-25

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.

2025-05-05



Journal: Z Problematyki Prawa Pracy i Polityki Socjalnej

Offering employment opportunities at cultural institutions

Agnieszka Sikora

Language: PL | Published: 25-04-2024 | Abstract | pp. 1-18

The aim of this paper is to present the problems of offering employment opportunities at cultural institutions within the context of the law as it stands, with a focus on regulations other than the provisions of the Polish Labour Code. The paper discusses the legal framework for employing managers and other personnel, and pays attention to the specific nature of legislation that applies to this category of personnel. The author draws on her own experience to identify the key issues and challenges related to the HR/personnel policies at cultural institutions.

2024-04-25



Journal: Z Problematyki Prawa Pracy i Polityki Socjalnej

The Subjective Scope of Subsidies to Employee Salaries Paid from the Guaranteed Employee Benefits Fund in Connection with Combating the Effects of the COVID-19 Pandemic

Monika Latos-Miłkowska

Language: PL | Published: 21-04-2021 | Abstract | pp. 1-22

This article presents an analysis of the group of entities to whom the Polish legislature has granted assistance in the form of the co-financing of employees’ wages from the Guaranteed Employee Claims Fund due to the worsening of the entities’ economic situation as a result of the COVID-19 epidemic. This policy has raised serious doubts in terms of interpretation and axiology. Moreover, the list of eligible entities has undergone numerous and dynamic changes, the purpose and justification of which have also been regarded as controversial. The author has carried out a critical analysis of these solutions.

2021-04-21



Journal: Z Problematyki Prawa Pracy i Polityki Socjalnej

Possible remedies to prevent the misuse of diplomatic immunity

Lama Allan Abusamra

Language: EN | Published: 30-05-2023 | Abstract | pp. 1-17

Since 1945, diplomatic immunity has altered. There are many factors which inhibit immunity. Firstly, consistent Cold War retaliation existed. Second, national security in the nuclear age was prioritized. The intricacy of international politics and mission expansion influenced a change. Also, the abuse of diplomatic and non-diplomatic immunity necessitated modification. In the 1960s, when hundreds of diplomats were sued, diplomatic immunity was called into doubt. Diplomatic abuses should force a reform of the Vienna Convention. Functional needs explained immunity modifications in the 1960s. Increasing and expanding immunity categories contributed to the improvement of the theory. However, there is no abuse remedy that is universally acceptable and enforceable. Should functional necessity theory replace immunity’s cloak? The pacta sunt serva concept of the noncontroversial law of treaties could be utilized to obtain multilateral agreement on the nature, cause, and effect of the functional necessity theory. A Permanent International Diplomatic Criminal Court with mandatory jurisdiction over accused diplomats and its own punishment system has been under discussion since the late 1980s. It never occurred, yet it may have resolved the diplomat disagreement between the victim and the accused.

2023-05-30



Journal: Z Problematyki Prawa Pracy i Polityki Socjalnej

Choice, workplace flexibility and care needs in the digital age: a comparison between the German and Italian legal approaches

Raffaello Santagata de Castro

Language: EN | Published: 04-12-2024 | Abstract | pp. 1-31

The aim of this paper is twofold: to highlight the potential and limitations of the new right to request flexible working arrangements for caring purposes, as established in Directive no. 2019/1158, and to consider, through an overview of the EU law, whether and to what extent this right can be interpreted in a manner that truly favours the interests of workers with care-related responsibilities over those of employers. The paper analyses some examples of approaches taken regarding the implementation of the right to request flexible working arrangements in two different jurisdictions, such as Germany and Italy, and compares the transposing choices made in the two different legal contexts. The author argues, also in light of this investigation, that the potential of the duty to provide flexible working arrangements could be, to a certain
extent, enhanced through the application of the prohibition of indirect discrimination, from which a sort of duty of accommodation could be inferred. The duty to provide flexible working arrangements could constitute the procedural tool to apply and enhance the proportionality test and reasonable accommodation.

2024-12-04



Journal: Z Problematyki Prawa Pracy i Polityki Socjalnej

The Transparency of Salaries in Poland’s IT Industry – a Standard Procedure or Good Practice?

Edyta Sobótka-Bentyn

Language: PL | Published: 25-03-2022 | Abstract | pp. 1-14

Edyta Sobótka-Bentyn’s aim in this article is to review the current state of regulations on the transparency of salaries and to analyze the planned regulations in this area in connection with the continuing emergence of legislative proposals concerning this issue. The author discusses the provisions of the Polish Order, the draft of the European Commission and the parliamentary draft bill to amend the existing labor law. Additionally, she presents the results of her research on the universality of the practice of publishing the amount of the offered salary in job advertisements. The article is an attempt to answer the question whether the transparency of salaries in the IT industry in Poland is a standard procedure or merely good practice.

2022-03-25



Journal: Z Problematyki Prawa Pracy i Polityki Socjalnej

Legal Framework for Remote Work

Ludwik Florek

Language: PL | Published: 15-02-2021 | Abstract | pp. 1-14

With the coronavirus pandemic, remote work, separate from teleworking, has become widely introduced. Similarly, it is work outside the permanent workplace – most often in the employee’s apartment. The legal framework for remote work is the same as teleworking. This is primarily an employment contract, usually concluded before the pandemic. Remote work may involve changes to other contractual provisions outside the workplace, such as the size of employment, working time or remuneration. In addition to the remote employment contract, also the provisions of the labor law, including in particular art. 67⁵–art. 67¹⁷ of the Polish Labor Code. Remote work is performed on the basis of an employment relationship. Its transfer outside the workplace also modifies the traditional features of this relationship. In particular, this may relate to the subordination of an employee, personal performance of work, provision of work tools, employer risk or employee liability.

2021-02-15



Journal: Z Problematyki Prawa Pracy i Polityki Socjalnej

Protecting employees from automated discrimination on the example of the recruitment and selection process of employees

Weronika Głodek

Language: PL | Published: 04-12-2024 | Abstract | pp. 1-22

This article examines the impact of the technological revolution on changes taking place in the field of employment, which is a topical issue in both international and domestic law. The purpose of the article is to indicate how current legislation, as well as its drafts, contribute to the protection of job applicants involved in the employees’ recruitment and selection process. The article also addresses the issue of liability for the
phenomenon of “automated discrimination” that can occur in connection with the use of artificial intelligence algorithms in the employee recruitment and selection process.

2024-12-04



Journal: Z Problematyki Prawa Pracy i Polityki Socjalnej

The employee’s right to criticise the employer on the internet: how to set legal boundaries?

Ernestyna Pachała-Szymczyk

Language: EN | Published: 05-05-2025 | Abstract | pp. 1-19

The issue of the limits of acceptable criticism of an employer by an employee has been considered in case law and literature for a long time. However, with the widespread access to the internet, in particular to social media, there are new challenges in this area. The paper addresses the problem of permitted criticism of an employer posted by employees on the internet. The author seeks an answer to the question of whether the existing criteria developed in the doctrine and jurisprudence, which are used to determine the limits of criticism, are also appropriate in the case of an employee’s statements published in a virtual space, which is characterised by its public nature, the lack of control over the audience and the persistence of the content.

2025-05-05



Journal: Z Problematyki Prawa Pracy i Polityki Socjalnej

Work Performed by an Employee in Quarantine

Magdalena Tyska , Tomasz Sławomir Smoliński

Language: PL | Published: 21-07-2021 | Abstract | pp. 1-16

Infectious diseases have accompanied man for centuries, and the procedure in case of their occurrence is regulated by the letter of the law. The introduction of the „lockdown” in Poland in connection with the COVID-19 pandemic introduced many changes in our lives for which we were not prepared. Due to the progressing epidemiological situation, the legislator introduced more and more restrictions, without any
transitional period (vacatio legis) for which we would have time to prepare. In addition to restrictions on moving, meeting, going to the theater or to the cinema, distance learning, remote work and the obligation to be quarantined by a person exposed to an infectious disease were introduced.
The above-mentioned changes in the scope of limiting interpersonal contacts were a challenge for the society, for employees who were obliged to perform work or people who ran their own business. In connection with the above, this article will present the legal regulations and the consequences of being quarantined by an employee. The subject of providing medical services by a doctor in the event of imposing a quarantine on him will also be discussed, as this issue is extremely important due to the growing need to contact a doctor and receive appropriate medical services.

2021-07-21



Journal: Z Problematyki Prawa Pracy i Polityki Socjalnej

Limitation of claims in Directive 2023/970 and the protection of the employee’s right to equal pay

Krzysztof Kurosz , Małgorzata Kurzynoga

Language: PL | Published: 08-04-2024 | Abstract | pp. 1-34

The article presents the position that laws on limitation periods are an important element of effective protection of an employee’s right to equal pay. This should be seen in the broader context of the European legislator’s desire to make laws on equal treatment more effective and to close the pay gap. Directive 2023/970 emphasises the right to information, and this premise logically means that the beginning of the limitation period requires that the employee be aware of the infringement or that the employee can be reasonably expected, in the applicable circumstances, to be aware of the infringement. Article 21 of Directive 2023/970 provides, inter alia, that limitation periods may not begin until the claimant is aware of, or can reasonably be expected to be aware of, the infringement. This provision builds on the existing case-law of the CJEU. We argue that despite the adoption of a very similar rule in the case-law of the Supreme Court, Article 21(1) of Directive 2023/970 needs to be implemented verbatim into Polish law. This is due to structure-related doubts about the liability regime for breaches of the principle of equal treatment in employment relationships. We accept that it is contractual in nature, but this does not preclude the adoption of a subjective model for enforceability of claims, characteristic of a different tort liability regime. The reason for this is the protection of an employee. The article also argues that intertemporal problems associated with a possible optional extension of protection (the limitation period does not commence during the employment relationship) can be solved by applying the Civil Code of 23 April 1964 accordingly.

2024-04-08



Journal: Z Problematyki Prawa Pracy i Polityki Socjalnej

The Future of Collective Disputes in the Context of the Right to Undertake Collective Action

Karol Michał Sołtys

Language: PL | Published: 31-03-2022 | Abstract | pp. 1-21

Karol Sołtys’s aim in this article is to identify future threats in the area of collective disputes. He examines in detail three issues: the monopoly that trade unions have on organising strikes against the background of the low level of workers’ membership in trade unions; the employer’s passivity towards the possibility of the simultaneous organisation of numerous strikes in the workplace; the right to lockout. In view of the threats discussed in the article, it is necessary to open a debate in Polish labour law over the adoption of exceptions to the said trade unions’ monopoly on organising strikes. The debate should consider the possibility of a liberalisation of regulations concerning the representation of employees. In the context of employer protection, special attention should be paid to the right to retaliatory lockout.

2022-03-31



Journal: Z Problematyki Prawa Pracy i Polityki Socjalnej

Mobbing in the public finance sector

Helena Szewczyk

Language: PL | Published: 01-04-2020 | Abstract | pp. 107-125

Specific labor law encompasses staff regulations in the public sphere, understood as the public sector of employment (at the national and local level), which includes entities of the public finance sector enumerated in art. 9 of the Act on Public Finance. The employers acting in this sphere have a different administrative status as well as certain administrative freedom in relation to the authorities that form them. The public sector, thanks to a highly developed bureaucratic apparatus as well as a strictly hierarchical structure in the ranks, constitutes a highly fertile ground for mobbing, which negatively affects not only the people who work there but also their families, clients and the whole society. In the public sector, the rules of creating particular administrative entities which serve as employers, their transformations and liquidations, as well as the filling of managerial positions are much more rigid. People who engage in authoritarian mobbing fare very well in the public sector, where issues such as promotions, pay rises, bonuses and prestigious tasks are entirely subjective and ultimately in their immediate superior’s purview. Nonetheless, according to art. 943 § 2 E. C., such harassment or intimidation must be persistent and particularly disruptive to be classified as mobbing.

2020-04-01



Journal: Z Problematyki Prawa Pracy i Polityki Socjalnej

On the border of the physical and the virtual workplace – Dogmatic issues of home office and telework in general and in Hungarian law

Gábor Mélypataki , Bernadett Solymosi-Szekeres , Laura Kovács-Berényi

Language: EN | Published: 19-04-2023 | Abstract | pp. 1-21

The recent pandemic forced companies to switch to working from home, which was necessary to maintain health and economic efficiency. The move from physical workplaces to virtual workplaces in the digital space, however, started earlier than the pandemic. The pandemic amplified this process. In parallel, we also see that companies have had positive experiences in the process of creating virtual workplaces. The virtual workplace has serious IT-issues, which we attempt to reflect on. Some of the employees have taken to this solution: a significant part of the companies has not even returned to the classical former working processes. We have to focus also on the issues of the virtual workplace. Due to its practical popularity, it was necessary to regulate home office at the legal level, as most experts also had the opposite opinion on its essential elements. In order to close this debate, the legislator has created a new regulation concerning teleworking, which amends the rules of the Hungarian Labour Code on teleworking with effect from the end of the emergency. The purpose of this paper is to present the new legislation, with particular attention to the points at issue and the basics of its application in practice.

2023-04-19



Journal: Z Problematyki Prawa Pracy i Polityki Socjalnej

Report of the 1st All-Polish Scientific Conference “Labour Law in Times of Crisis”

Agnieszka Jaworska , Joanna Młyńska , Monika Rogala

Language: PL | Published: 09-12-2020 | Abstract | pp. 1-5

W dniu 14 maja 2020 r. odbyła się po raz pierwszy na Wydziale Prawa i Administracji Uniwersytetu Śląskiego w Katowicach I Ogólnopolska Konferencja Naukowa pt. ,,Prawo Pracy w Dobie Kryzysu”.

2020-12-09