Dominika Dörre-Kolasa
Studia z Zakresu Prawa Pracy i Polityki Społecznej (Studies on Labour Law and Social Policy), Tom 26 Zeszyt 4, Volume 26 (2019), s. 367-388
https://doi.org/10.4467/25444654SPP.19.024.10914Personal data controller in collective employment law
Entering into force of the GDPR was an event that equally affected both employers and trade unions. In the course of practical implementation of provisions of law regarding personal data protection the main focus was put on employers who traditionally are seen as having bigger influence on factual and legal situation of employees. Trade unions seem to have overlooked the fact that they also process wide range of personal data of their members, often of very sensitive character. This article is an analysis of legal position of trade unions in relation of processing personal data with special emphasis put on cooperation with employers and employees in performing their statutory obligations. Clear assignment of position of data controller to trade union creates issues due to the wording of provisions of the GDPR. The same problem is present in case of different tiers of trade unions, especially those of regional or national range. However, function and role of trade unions allow to indicate them as data controllers of their members. In this paper the Author analyses legal bases for processing personal data by trade unions and determines transfers of personal data within trade unions and between trade unions and employers. Finally, the Author verifies documentation used by chosen representative trade unions in Poland in order to determine how trade unions themselves approach the issue of correct establishment of their position in processing personal data and how they apply provisions on personal data protection in practice.
ASJC: 3308
JEL: K31
Dominika Dörre-Kolasa
Studia z Zakresu Prawa Pracy i Polityki Społecznej (Studies on Labour Law and Social Policy), Tom 24 Zeszyt 1, Volume 24 (2017), s. 33-49
https://doi.org/10.4467/25444654SPP.17.003.7309The employer’s liability on account of unjustified or unlawful termination of a contract of employment for a fixed term – conclusions de lege lata and de lege ferenda
The aim of this article is to present comments and suggestions regarding currently existing solutions in terms of incorrectness of termination or dissolution of a fixed-term employment contract.
Due to recent legislative changes, the issue of possibility to terminate or dissolve fixed-term employment contracts became actual more than ever before.
In this article there are raised concerns regarding the admissibility of analysis of justification of termination of fixed-term employment contracts, claims of employees’ granted them on the basis of incorrect termination of a fixed-term employment contract, including restitution claim with a special attention paid to the legal status of employees encompassed with special protection of employment status.
Further subjected to the analysis were the rights of employee that arise from unlawful termination of employment contract without a notice by employer and legal character of compensation for incorrect termination or dissolution of a fixed-term employment contract.
Mentioned considerations were supported by the analysis of judicature and state of doctrine with particular emphasis on suggested recommendations on changing currently applicable solutions.
In the summary, Author presented clear vision of direction, which should be followed by the legislator in order to secure coherence of legal system and improvement of position currently occupied by subjects particularly affected by issues connected with adopted regulations in terms of incorrectness of termination or dissolution of a fixed-term employment contract.
Dominika Dörre-Kolasa
Studia z Zakresu Prawa Pracy i Polityki Społecznej (Studies on Labour Law and Social Policy), Tom 28 Zeszyt 4, Volume 28 (2021), s. 293-303
https://doi.org/10.4467/25444654SPP.21.023.14265On the loss and recovery of the rights of a trade union organization
The provisions of the Trade Union Act of 23 May 1991 concerning the loss and regaining the rights of a company trade union organization generate numerous interpretative doubts. The author analyses issues concerning the trade union organization’s failure to comply with the obligation to provide the employer with information on the number of its members, the trade union organization’s failure to timely submit an application to the labor court with jurisdiction over the employer’s registered office to establish the number of its members as at the last day of the six-month period, and the organization’s restoration of its rights as a result of the submission of an application to establish the number of its members. The author also draws up de lege ferenda postulates concerning the clarification of specific regulations, which should result in avoiding paralysis of the legitimate exercise of trade union rights and privileges by a trade union organization.
ASJC: 3308, JEL: K31