Michał Barański
Studia z Zakresu Prawa Pracy i Polityki Społecznej (Studies on Labour Law and Social Policy), Tom 30 Zeszyt 4, Volume 30 (2023), s. 295 - 308
https://doi.org/10.4467/25444654SPP.23.023.18495The starting point for further consideration is that climate change and humanity’s contribution to this process is an indisputable global fact. The article puts forward the thesis that certain provisions of the Labour Code—either existing since its enactment (i.e. since 1974) or introduced later but before 2000 (the title labour law of the 20th century)—show a visible “pro-climate potential”. This potential should be understood in that they can become an effective instrument in the fight against climate change.
The analysis examines: 1) the employer’s obligation to respect the dignity and personal rights of employees, 2) the employee’s duty to respect the interest of the work establishment and 3) the employer’s obligation to contribute to shaping the principles of social coexistence in the workplace and the related employee’s obligation to respect these principles. The option to use multiple legal constructions and protective mechanisms in parallel when determining the responsibility of the employee or the employer reinforces the importance of pro-climate behaviour in the workplace. Nevertheless, not all of the mentioned legal instruments will always be able to be applied when categorising a specific event.
ASJC: 3308, JEL: K31
Michał Barański
Studia z Zakresu Prawa Pracy i Polityki Społecznej (Studies on Labour Law and Social Policy), Tom 29 Zeszyt 2, Volume 29 (2022), s. 85 - 93
https://doi.org/10.4467/25444654SPP.22.008.15682Progressive technological development forces a new look at the basic constructs of labour law. The science of labour law has so far paid little attention to the legal analysis of the risks associated with the ever-increasing interaction between people and technological tools, both in the form of advanced machinery as well as software used to manage enterprises and production processes. At the same time, questions about the future of labour law have long been posed in the science of labour law, primarily raising the need to realize the principle of social justice when work is not performed within the framework of the traditionally understood employment relationship (under employee subordination). The present study is a voice in this discussion, focusing on the issue of artificial intelligence in relation to the axiological foundations of labour law. The article analyzes the humanisation of work and human interaction in the world of new technologies primarily from the perspective of the central value of labour law, which is the inherent and inalienable dignity of the employee as a human being. There is also a consideration of the concept of autonomisation of the employee in the work process using artificial intelligence.
ASJC: 3308, JEL: K31