Krzysztof Walczak

The rights of employees in relation to parenthood granted by employers as a manifestation of the achievement of the objectives of Directive 2019/1158

Directive 2019/1158 obliges Member States to facilitate the reconciliation of work and family life for workers. This task can be carried out directly by the state as well as by employers. In the first case, it is necessary to issue laws. On the other hand, employers can help employees in the implementation of childcare through collective labour agreements, regulations and the so-called soft law. The information contained in the article is based on the research conducted by the author together with Barbara Godlewska-Bujok on the rights of employees in relation to parenthood granted by employers.

ASJC: 3308, JEL: K31

Analysis of regulations concernig severance payments in connection with the termination of employment  for reason not related to the individual employees and their conformity with the principles from management theory and law

The purpose of this paper  is to show, that severance payments  in conection with the termination of employment  for reason not related to the individual employees are an element of remuneration. This is why the principles governing remuneration have to be applied by employers and trade unions also to these payments. In author's opinion there is no problems in practical observance of principles: compulsority, privilege, cash payment, particularism. However, doubts appear for practice of application of principles of undiscrimination and decency, in the context of too high benefits which receive individual workers. As a metter of principles of modified equivalency, there is a problem with  calculation of the amount of severance payments based on total years of work. If we talk about principle of formalism the problem is precision of record concerning condition granting this payment.

Analysis of the bonus systems existing in the enterprises in the terms of their compliance with the rules resulting from the management theory and with the requirements of the law

In this article Author stresses, that next to a basic remuneration, components of result are the most frequently appearing benefits connected with work, and in particular bonuses and awards. Their distinction is undoubted in the doctine of labour law, however it is quite commonly mixed up in the theory of HRM  with such an effect, that in practice there appeares  benefits unregulated by law, which are discretionary bonuses. Their legal status is questionable, which must be settled by courts. Author opts for the necessity to assess precisely individual benefits by the definition of award resulting from Art. 105 LL. Therefore he puts forward the thesis that, if a benefit does not comply with award criteria included in LL, it may, against its name,  become a claimable benefit similar to bonus.  At the same time claimability does not occur only in case of executing rigid indicators (as it happens in case of traditional bonuses) but also when it is based only on assessment. Author thinks, that admissibility of assessing work effects by employers cannot constitute the grounds  for arbitrarity and discrimination. Thus, in consequence to these benefits must be used most of the principles of remuneration.

Artykuł przynosi informacje o instytucjach i organizacjach politycznych, społecznych i kulturalnych, działających w dziewiętnastowiecznym Kaliszu, wspominając także o strukturze oraz poszczególnych przedsiębiorstwach miejscowego rynku drukarskiego i wydawniczego tego czasu. Najobszerniej omówiono kanon wydawnictw, produkowanych na zamówienie poszczególnych instytucji, pośród których wymienić trzeba zarówno rosyjskie urzędy i organizacje, jak też szerokie spektrum polskich instytucji i stowarzyszeń. Przypomniane wydawnictwa książkowe i periodyki składają się na znaczną część dorobku wydawniczego Kalisza, charakteryzując potencjał wydawniczy miasta, wzbogacony, prócz omówionych edycji, własnymi nakładami drukarzy i księgarzy, a także prywatnymi inicjatywami wydawniczymi.

The concept of representativeness of trade unions in the light of the amendment to the Trade Unions Act

Precariat and trade unions in Poland

The legal status of a trade union activist performing work on a basis other than an employment contract

As a result of the amendment to the Act on Trade Unions, people performing work based on a civil law contracts may become trade union activists. However, this raises significant questions. First of all, it is doubtful to grant compensation to person who was dismissed without the consent of the trade union in the case where the termination of contract is objectively justified. Secondly, it is doubtful to grant these people the right to remuneration while they are released from the obligation to perform work. 

ASJC: 3308, JEL: K31

“Optimization” of employment costs in government administration

The purpose of this article is to analyze the planned optimalization of employment costs in government administration. The reason foar introducing these actions is the threat to public finances related to coronavirus. The Act provides for two forms of reduction of employment costs. The first is collective redundancies and the second is the suspension of employees’ rights. The author recognize the legitimacy of actions aimed at reducing the public finance deficyt. However, he critically refers to the detailed provisions contained in the Act. This applies primarily to the way of dismissing employees from work, which deprives them of any protection and support for both trade unions and employment administration.

ASJC: 1410, JEL: J5