Marcin Wujczyk

Principles of social dialogue based on the provisions of the European Social Charter (revised)

The European Social Charter (both in initial as well as revised version), as one of the most important legal acts regulating the standards of labour law, contains a number of provisions that regulate the principles of social dialogue. The Charter imposes an obligation to encourage joint consultation between workers and employers; supporting the mechanisms of voluntary negotiations between employers or employers’ organizations and employees’ organizations in order to regulate employment conditions through collective labour agreements; supporting conciliation mechanisms and voluntary arbitration for settling collective disputes. The provisions of the Charter also regulate the right of employees to be informed and participate in consultations regarding the employer’s situation.

The standards of social dialogue included in the European Social Charter constitute a comprehensive solution that can be a point of reference for the analysis of national solutions. They are also an indicator of changes that should be introduced to the national labour law system in order to create a strong basis for dialogue between social partners.

ASJC: 3308, JEL: K31

New regulations of trade unions activities – selected issues

The paper presents the provisions of the amended law that entered into force on 1 of January 2019 and which regulates the activities of trade unions. The main focus of the paper is on workers, which  includes independent contractors, who have the right to organise a trade union. The analysis also includes the rights provided in regulations about trade unions; specifically, the right to information, right to protection against dismissal of independent contractors that are members of trade unions. The paper also refers to the right to strike and the right to be released for ad hoc activities. 

ASJC: 3308

JEL: K31

The fundamental human, social and citizen's rights were formulated in the Constitution of the Republic of Poland. No law or other legal act may be in conflict with it because the Constitution lays down the legal basis for the rest of all Poland legislation and determines the nature of all legal branches, including social security law. Thus, the Constitution provides several legal norms that have great importance to the whole system of further legislation regulating specific social security rights in Poland. The constitutional jurisprudence concerning social security is linked with different global and national processes. The economic crisis has also asked to amend or even to reinterpret already existing practice. This article aims at providing basic principles of social security rights established in the Constitution and their interpretation in constitutional jurisprudence. Some aspects of the constitutional doctrine of social security rights, which were determined by changes in the economy, are also discussed.

The article analyzes normative regulations relating to the possibility of establishing the right to a benefit for a caregiver of a person with disabilities in the case of suspension of business activity conducted by an attorney-at-law. It outlines how to practice law as an attorney-at-law, suspend activities conducted in the form of a law firm of attorney-at-law, as well as types of benefits for a caregiver of a person with disabilities, and the premises determining those benefits

The evaluation of social rights through the prism of the Polish Constitution leads to moderately optimistic conclusions. There are basic rights within the social security rights in the Polish Constitution. The definite stand of the Constitutional Tribunal on the necessity of the Legislator’s maintenance of the minimum as guaranteed by the provisions of the basic law allows the assumption that social rights will constitute a permanent and vital element of the Polish legal system. It should be particularly noticed that many constitutional norms indicate the necessity to undertake positive action that should, in consequence, lead to the development of social rights.

Przedmiotem artykułu jest analiza regulacji normatywnych odnoszących się do możliwości ustalenia prawa do świadczenia dla opiekuna osoby z niepełnosprawnością w przypadku zawieszenia działalności gospodarczej prowadzonej przez radcę prawnego. Przedstawiono w nim zarówno sposoby wykonywania zawodu radcy prawnego, zawieszenie działalności wykonywanej w formie kancelarii radcy prawnego, jak i rodzaje świadczeń dla opiekuna osoby z niepełnosprawnością, a także przesłanki determinujące możliwość ustalenia tych świadczeń.

Suspension of activities conducted in the form of a law firm of attorney-at-law in connection with taking care of a person with disabilities

The article analyzes normative regulations relating to the possibility of establishing the right to a benefit for a caregiver of a person with disabilities in the case of suspension of business activity conducted by an attorney-at-law. It outlines how to practice law as an attorney-at-law, suspend activities conducted in the form of a law firm of attorney-at-law, as well as types of benefits for a caregiver of a person with disabilities, and the premises determining those benefits