Żaneta Grygiel-Kaleta

The article analyzes the issue of permanent incapacity to work, which is the premise for obligatory dismissal of police officers from service. The reflections are aimed at showing to what extent the statutory regulations in this area should be considered justified. Questions were raised as to whether the catalog of reasons for dismissing an officer from service is a closed catalog. The author referred to the above issue more broadly, indicating whether this catalog exhausts all situations that may constitute the basis for termination of the employment relationship of a police officer, making a distinction in this respect when the employment relationship ends as a result of an act performed by one of the parties to the employment relationship and cases where termination of employment occurs ex lege. The author referred to the nature of the personnel order which was the basis form dismissal from the service of a police officer due to the fulfillment of the condition of permanent incapacity for work confirmed by a medical certificate.

The article discusses in detail the issues related to dismissal from service, the admissibility and obligatory application of the consequences in the event of prerequisites, as well as the legitimacy of such a solution. The issues of finality and validity of the decision of the medical commission, which constitute the basis for issuing a personal order on dismissal from service, were also discussed.

ASJC: 3308, JEL: K31

Expansion of protective provisions for non-employee employment relations – consideratios de lege lata and de lege ferenda on the example of commission contracts – selected issues

The article addresses the issue of extending the provisions of a protective nature to increasingly common civil-law employment relations. The starting point of the considerations is the question whether the very fact of concluding a civil law contract justifies depriving the person performing the work of the possibility of including this relationship with any norms of a protective nature characteristic of legal relations. Searching for the answer to such a question comes first to the characteristics of the current labor market. In addition, the author has shown to what extent the labor law provisions, by way of current amendments, have covered civil law employment relations.

The merit of the article is the author’s argued position to what extent the protective provisions of labor law should include employment relations established on the basis of the mandate contract.

The subjective scope of work safety obligations in the light of legal and penal law provisions

The issue, which has been analyzed, concerns the issue of criminal liability for violating the health and life of persons performing work as a result of failing to fulfill their work safety obligations. The problem that has been raised concerns the subjective scope of persons responsible for this protection. The considerations were reduced to the comparison of the hypothesis of the norm developed on the basis of labor law and criminal law. The author clearly states that the good protected on the basis of the provisions of the Criminal Code has been treated too narrowly. To make it clear that health and human life, as a protected good, should not be subjected to a valuation assessment based on the basis of employment. The considerations lead to the conclusion that the current approach and the use of a worker’s notion of criminal law can not be interpreted narrowly, within the meaning of Art. 2 k.p. 

ASJC: 3308

JEL: K31