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Volume 26 (2019) Następne

Data publikacji: 29.03.2019

Licencja: CC BY-NC-ND  ikona licencji

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Krzysztof Wojciech Baran

Studia z Zakresu Prawa Pracy i Polityki Społecznej (Studies on Labour Law and Social Policy), Tom 26 Zeszyt 1, Volume 26 (2019), s. 1 - 12

https://doi.org/10.4467/25444654SPP.19.001.10144

On 5 July 2018 the Polish Sejm adopted an amendment to the Trade Unions Act. It significantly changes the status of trade unionists at the company level. The starting point for further deliberations is that as from 1 January 2019 these entitlements will be granted not only to trade unionists employed on the basis of a contract of employment, but also  to other persons engaged in gainful employment. By this I mean both those performing work on the basis of civil law contracts as well as self-employed. The July amendment to the Trade Unions Act regarding the legal status of trade unionists concerns their unpaid leaves, leaves from work duties and leaves to perform ad hoc activities and protection of sustainability of employment. These entitlements will be discussed in this Art. in such sequence.

JEL  K31
ASJC:   3309
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Janusz Żołyński

Studia z Zakresu Prawa Pracy i Polityki Społecznej (Studies on Labour Law and Social Policy), Tom 26 Zeszyt 1, Volume 26 (2019), s. 13 - 28

https://doi.org/10.4467/25444654SPP.19.002.10145

Democratic (civil) society clause in the collective labour law

Resolving any social conflicts, including collective labour disputes, requires preservation of human dignity, having regard to vital interests of the State being its citizen’s community. Therefore, social conflicts are to be resolved in a responsible way. This is reflected in a responsible society clause embracing an imperative of reasonableness and decency as well.

JEL  K31
ASJC:   3309

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Marta Głowacka

Studia z Zakresu Prawa Pracy i Polityki Społecznej (Studies on Labour Law and Social Policy), Tom 26 Zeszyt 1, Volume 26 (2019), s. 29 - 45

https://doi.org/10.4467/25444654SPP.19.003.10146

In view of levelling the playing field between foreign and local employers in the host country, the European Commission proposed in March 2016 to revise the Posting of Workers Directive (PWD) 96/71/EC. The amended PWD (EU) 2018/957, that was adopted mid-2018, introduces some significant changes in order to combat the shortcomings  resulting from the original PWD, strengthening the importance of ensuring fair competition (between local and foreign employers) and improving the protection of workers. In a nutshell, the PWD aims at promoting the principle of equal pay for equal work in the same place, especially by extending the so-called hard nucleus of working conditions and introducing a provision for long-term postings. This new legislation will be implemented throughout the EU as of mid-2020. The following article aims to investigate the extent to which the changes demand national implementation from an Austrian point-of-view; the latter could serve as a guidance.

JEL  K31
ASJC:   3309
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Aleksandar R. Ivanović

Studia z Zakresu Prawa Pracy i Polityki Społecznej (Studies on Labour Law and Social Policy), Tom 26 Zeszyt 1, Volume 26 (2019), s. 47 - 65

https://doi.org/10.4467/25444654SPP.19.004.10147

The author deals with the issue of constitutional protection of the right to social scurity in the Republic of Serbia. In this connection, the author first analyzes the provisions of the current Constitution of the Republic of Serbia which prescribing the right to social security. Subsequently, the scope of the material and personal rights of social security, which are guaranteed by the Constitution of the Republic of Serbia, are presented in the paper. Through analysis of two decisions of the Constitutional Court regarding the constitutionality of the provisions of individual laws pertaining to the exercise of these rights is presented impact of the constitutional regulations on the content of the social security rights in the legal system of the Republic of Serbia. In the second part of the paper author points on threats to social security rights in times of economic crisis according to actual state in Republic of Serbia. At the very end of the work, instead of the conclusion, the author deals with assessment of the future of social security rights in lights of the Serbian  Constitution. Within that, author offers proposal of amendments to the Constitution of Serbia with the aim of improving the protection of social security rights through adequate prescribing of the right to social protection, as well as prescribing the right to housing.

JEL  K31
ASJC:   3309 
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Jakub Tomšej

Studia z Zakresu Prawa Pracy i Polityki Społecznej (Studies on Labour Law and Social Policy), Tom 26 Zeszyt 1, Volume 26 (2019), s. 67 - 74

https://doi.org/10.4467/25444654SPP.19.005.10148

The paper analyses the topic of unequal treatment of men and women and gender pay gaps. In the initial part, the author provides his views on the regulation of equal remuneration under the laws of the Czech Republic, as well as the causes for the gender pay gap and potential ways of closing it. In the subsequent chapter, comparison is drawn with  he laws of the United Kingdom and Hungary which contain specific provisions that may have the potential to decrease gender pay gaps (gender pay gap reporting in the United Kingdom and obligation to adjust salaries following return from leave of absence in the Hungary). The author concludes that gender pay gap represents a complex phenomenon, but can be partly fought using legislative measures, and implementation of such measures seems necessary.

JEL  K31
ASJC:   3309
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Susanne Heeger-Hertter

Studia z Zakresu Prawa Pracy i Polityki Społecznej (Studies on Labour Law and Social Policy), Tom 26 Zeszyt 1, Volume 26 (2019), s. 75 - 93

https://doi.org/10.4467/25444654SPP.19.006.10149

The right to a minimum subsistence level in the Netherlands is covered by a comprehensive network of schemes. All schemes are part of a rights-based system: if the conditions are fulfilled, this creates a right to social assistance benefit. The most important Act is the Participation Act, the main features of which are described in this paper. Attention will be paid to conditions for benefits and the increasingly strict obligations and sanctions. This paper provides insight into some of the consequences of the recently implemented decentralization policy in the Netherlands.

JEL  K31
ASJC:   3309
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