Kamila Naumowicz

This paper tackles the issue of the personal scope of the right to disconnect as the right of a worker to refrain from engaging in work-related tasks and not to participate in communication with employer for a work-related purpose, in particular communication via digital tools such as email and telephone. The reference point of the analysis undertaken will be the EU directive draft regulating the right of workers to disconnect contained in the European Parliament resolution adopted on 21 January 2021. The issue addressed is part of a broader discussion on the legal model of labour provision that has long accompanied the academic debate among Polish and foreign labour law scholars. The prevailing view among those working on this topic, which is correct in principle, is that the protection of employment law should be extended to self-employed workers. There are differences of opinion as to how such protection would be implemented and, in particular, to whom it would apply and to what extent it would apply.

ASJC: 3308, JEL: K31

This paper was written as a part of the project “Pojęcie pracownika. Koniecznośćredefinicji granic stosunku pracy”[The concept of employee. The need for redefinition of the boundaries of the employment relationship], founded by the (Polish) National Science Centre on the basis of decision number DEC-2020/39/B/HS5/00037

Special rights of persons with disabilities in terms of non-discrimination

Discrimination based on disability is indicated in the Polish legal system as one of the prohibited discrimination criteria. However, the definition of the term “disability”may cause difficulties due to the differences in the meaning of this term on medical and legal grounds. There are diverse models of perceiving disability that affect not only its various definitions but also influence the existing forms of assistance and means used to combat discrimination. Limited ability to work makes people with disabilities particularly vulnerable to discrimination in the sphere of employment. Special rights for people with disabilities are aimed at reducing or completely eliminating existing barriers that prevent these persons from fulfilling their social roles. The purpose of this study is to discuss the special rights of people with disabilities in the sphere of employment, with particular emphasis on the employer’s obligation to provide the disabled person with the necessary reasonable improvements. The analysis of the existing legal solutions leads to the conclusion that further legal and social changes are necessary, with the main emphasis on the elimination of social disability.

ASJC: 3308, JEL: K31

The COVID-19 pandemic has had a negative impact on the working conditions of so-called platform workers that have faced the lack of labour and social protection deriving from their formal status of independent contractors. Seeking for protection, numerous claims have been filed by the riders and drivers of digital platforms that were asking for a recognition of the subordinate work. The aim of the present article is to give a critical and brief overview of the latest European jurisprudence regarding the legal status of platform workers. The article focuses on the methodology and criteria applied by the judges in order to examine the particularities of the new forms of work and new forms of surveillance as well. Special attention is paid to on-location work performance by low-skilled individuals conducting services for the digital platforms operating in food delivery and transportation sectors.

ASJC: 3308, JEL: K31