Jagoda Jaskulska

Sobriety control of employees performing remote work. Observations against the background of the amendments to the Labour Code

The Labour Code has recently been supplemented with new legal regulations on controlling employee sobriety and remote working. In the hitherto binding legal state, these issues were regulated only in a fragmentary manner, leaving many important issues outside the sphere of regulation. However, the manner in which these issues have been regulated by the legislator raises many doubts which may significantly affect the application of the new provisions in practice. The article is devoted to one of the many problems signalled in this context –sobriety control of employees working remotely. It analyses, among other things, the premises for the admissibility of checking the sobriety of employees, showing their relationship to the obligation of sobriety and the obligation to protect the life and health of employees by ensuring safe and healthy working conditions. These considerations were then related to remote working in order to assess, on this basis, the usefulness of the new provisions on controlling employee sobriety in relation to employees working remotely.

ASJC: 3308, JEL: K31

New regulations on termination of fixed-term employment contracts

The article is devoted to the issue of recent changes in the Polish Labor law regarding the termination of fixed-term employment contracts. After the 2015 amendment, this is another major change in this area. How this issue has been normalized has raised many doubts in the science of labor law for years. It requires taking into account and balancing several important issues: the essence and purpose of the fixed-term employment contract in labor law, the equal treatment of employees on fixed-term and indefinite contracts, and the potential impact of the regulation on the labor market. The article aims to show the background to the amendment of the provisions on the termination of fixed-term contracts and its potential effects while taking into account the jurisprudence of courts and views presented in this regard by representatives of the labor law doctrine.

Medical duty versus the code-based regulation of employee duty in the light of the non-national standards

Employee’s duty is one of the institutions of general labour law, regulated in the Labour Code. However, with regard to medical professionals employed in healthcare institutions, the legislator introduced special provisions in this respect, prior to the general code regulation. Employee’s duty has also been the subject of numerous considerations by the Court of Justice of the European Union. In Poland, only with regard to medical duty, the wording of national provisions has been adapted to EU law and the interpretation of the Court of Justice. The aim of this article is to analyse the legal nature of employee’s duty and medical duty in terms of non-national standards, especially the interpretation made by the Court of Justice in this respect.

ASJC: 3308, JEL: K31

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.

ASJC: 3308, JEL: K31