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Volume 26 (2019) Następne

Data publikacji: 04.06.2019

Licencja: CC BY-NC-ND  ikona licencji

Zawartość numeru

Piotr Prusinowski

Studia z Zakresu Prawa Pracy i Polityki Społecznej (Studies on Labour Law and Social Policy), Tom 26 Zeszyt 2, Volume 26 (2019), s. 95 - 110

https://doi.org/10.4467/25444654SPP.19.007.10271

Elimination of position against termination of an employment contract
The concept of elimination of a job position does not appear in the Labour Code, however, it is commonly used in legal discussion. An attempt at clarifying its meaning encounters considerable difficulties, which is related to the fact that the term “position” is ambiguous. The relationship between the position and the type of work remains particularly disputable. The indicated issue becomes relevant when the contract of employment is terminated due to elimination of a job position. In this case, the way the elimination of a position is understood has a direct impact on the legitimacy of claims made by the employee. Employer finds itself in a favourable situation due to the perception of this term as being dominated by the  rganisational aspect. In many cases it is impossible to effectively terminate the employment contract by equating a job position with the contractual type of work.

JEL  K31
ASJC:   3309
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Daniel Książek

Studia z Zakresu Prawa Pracy i Polityki Społecznej (Studies on Labour Law and Social Policy), Tom 26 Zeszyt 2, Volume 26 (2019), s. 111 - 120

https://doi.org/10.4467/25444654SPP.19.008.10272

Doubts concerning the interpretation in the light of Art. 12 of the Act on Copyright and Related Rights

Works of the employee are subject to special regulation determined by the Copyright and Related Rights Act. Using strictly legal & employee terms, such as employee, employer or employment agreement within the Copyright and Related Rights Act, the legislator is obliged to maintain coherence. However, as it turns out, such term as employment agreement, understood in the labour law as one of the bases of establishment of the employment relationship, in the opinion of the representatives of the copyright doctrine is a synonym of the employment relationship. These two extreme scopes of the name ‘employment agreement’ raise serious interpretation doubts that will be analysed in this article.

JEL  K31
ASJC:   3309

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Olgierd Kucharski, Paweł Wolnicki

Studia z Zakresu Prawa Pracy i Polityki Społecznej (Studies on Labour Law and Social Policy), Tom 26 Zeszyt 2, Volume 26 (2019), s. 121 - 134

https://doi.org/10.4467/25444654SPP.19.009.10273

The right churches and religious associationis to request information from an employee candidate about his confession and religion

In this work authors analyze existing legal regulations in the state legal order, concernig processing of personal data on employments in churches and religious associotions. Some of churches and religious associotions introduce regulations limiting access to employment in their structures for people professing different faith or views. They carry out their prophetic mission only or primarily with the participation of their own followers, opening themselves to all people, or only those who meet the requirements defined by internal law. This special legal relationship between an employee (candidate to empolyee) a church and other religion organizations as the employing entity, resulted from participation in the implementation of religious purposes, in especially the right of personal data about candidtae of employment proffesing.

JEL  K31
ASJC:   3309
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Ewelina Kumor-Jezierska

Studia z Zakresu Prawa Pracy i Polityki Społecznej (Studies on Labour Law and Social Policy), Tom 26 Zeszyt 2, Volume 26 (2019), s. 135 - 151

https://doi.org/10.4467/25444654SPP.19.010.10274

Employee documentation – new regulations

The purpose of this dissertation is to analyze the changes of carrying out and storing employee documentation, which have been in force starting from January 1st, 2019. The implemented changes not only make it possible to carry out the documentation in an electronic form, but they also modify the employer’s rights in the scope of employee documentation storage. One of the most important changes is the shortening of the employee documentation storage from 50 to 10 years, starting from the end of the calendar year, in which the employment relationship was terminated or ended, unless separate regulations specify a longer storage period. New regulations of the labour code and the ordinance of December 10th, 2018 on employee documentation specify the rules pertaining to how to carry out and store employee documentation, among other things regulate the questions connected with issuing copies of employee documentation, picking up the documentation after the period of its storage had lapsed by persons entitled to do it as well as issues related to employee documentation destruction in the case it was not picked up.

JEL  K31
ASJC:   3309


 

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Maciej Borski

Studia z Zakresu Prawa Pracy i Polityki Społecznej (Studies on Labour Law and Social Policy), Tom 26 Zeszyt 2, Volume 26 (2019), s. 153 - 165

https://doi.org/10.4467/25444654SPP.19.011.10275

Professional activation of guardians of disabled people as an important task of the state – selected issues

It is beyond any doubt that the possibility of professional activation ensures not only the fulfillment of one’s financial needs, but, above all, it allows an individual to be in charge of their life. The latter issue seems to be particularly important as far as the situation of guardians of people with disabilities is concerned, for everyone needs to have an influence upon their lives and the possibility to decide on the direction they want to move towards, regardless of the necessity to fulfill certain obligations in relation to other people. Pointing out particular solutions advocated by guardians of disabled people that support their professional activation and comparing them with the existing normative regulations, the author attempts to answer the question whether it is possible for a contemporary guardian of a disabled person to work professionally, without limiting oneself to performing care-service activities only.

JEL  K31
ASJC:   3309

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Wojciech Papis, Anna Rogacka-Łukasik

Studia z Zakresu Prawa Pracy i Polityki Społecznej (Studies on Labour Law and Social Policy), Tom 26 Zeszyt 2, Volume 26 (2019), s. 167 - 181

https://doi.org/10.4467/25444654SPP.19.012.10276

Working time of disabled people based on selected legal regulations

This study aims to present selected legal regulations concerning the working time of disabled people. The authors, in the examples of specific lex specialis regulations in relation to the provisions of the Act of 27 August 1997 on vocational and social rehabilitation as well as employing people with disabilities, show the complexity of the subject issue of this legal problem. The conducted considerations aim, apart from presenting some discrepancies in the subject matter, to show the multiplicity of legal solutions that make it possible to apply an equivalent system of working time to people with disabilities. They point to the restrictions on the application of regulations regarding the possibility of prolonging working time resulting from specific provisions regulating this issue for people with disabilities.

JEL  K31
ASJC:   3309
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