Employment relationship revisited: horizontal impact of constitutional rights vs. employment relationship

Adopting a perspective of the legal system’s division into private law and public law, the author states that employment relationship is a legal relationship with a separate status within the domain of private legal relationships. She also demonstrates that it has an absolutely complex character along with a social goal and purpose, the latter being so far actually “undiscovered” in the legal literature. But first and foremost she claims that employment relationship, being a type of a private legal relationship, very strongly “permeates” the sphere of public law, which results from the horizontal impact of constitutional rights within employment relationship (however, it cannot be conclusively confined to any category of administrative law, despite sharing a number of similarities with a public economic enterprise or a public institution). She emphasizes that the employee is in fact employed by the workplace and not the employer, because the employer is merely a certain “body” of this workplace.

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 number of members as the requirement for acquiring the rights of an enterprise trade union organization after the amendment to the Trade Unions Act of the year 2018

The Constitutional Tribunal stated in June 2015 that Art. 2(1) of the Trade Unions Act, to the extent, in which it restricts rights to form and join trade unions of workers not mentioned in this Article is  inconsistent with the Constitution. The Trade Unions Act was amended in July 2018 to adapt it to the new legal situation after the judgement of the Constitutional Tribunal. Among the amended provisions were those of Art. 251 regulating the conditions conferring the rights of an enterprise trade union organization on a trade union organization. The subject of the present study is comparing the previous and new regulations of the aforementioned Article and assessing changes introduced in this scope, as well as establishing, whether the amendments are sufficient in the context of a significant number of micro employers operating in the labour market.  

ASJC: 3308

JEL: K31

Some reflection on the judges’ “task-based” working time

In accordance with the Art. 83 of the Act of 27 July 2001, Law on the Organization of Common Law Courts, the judge’s time of work is specified by its tasks. The employment relationship of judge has some specificity, as regards the scope of staff subordination due to the principle of judicial independence. Typical, traditional understanding of employment subordination is not applied  here, as it would be in a collision with it. The judge is required to perform the commands of superiors only in respect of administrative acts and on the efficiency of court proceedings. In this connection, the question arises as to whether this circumstance is sufficient to defend the argument that the legal status of a judge is so different, that his working time should not be in the framework of working time standards and that this is not “task-based” working time in the meaning of the Art. 140 of the Labor Code.

ASJC: 3308

JEL: K31

Changes in service relationship of the uniformed services officers

The subject matter of this study are the limits of the superior’s authority to shaping the content

of the official relationship and the corresponding obligation of the functionary’s flexibility on the basis of selected official pragmatics. The legal regulation governing changes in the employment relationship within the scope of the indicated official pragmatics is based on a similar regulatory formula, hence the conclusion is justified that the resulting legal situation of functionaries in the uniformed services in question is similar to each other. This regulation is dominated by public-law elements. At the same time, one can see the elements of obligation, which are manifested by the restrictions on the freedom of a service body to perform unilateral acts amending the content of the service relationship.

ASJC: 3308

JEL: K31

Due diligence of members of the management body of a capital company

A limited company through appointing a member of its body expects that the function thereof shall be performed with due diligence and in line with a professional nature of the activity which shall demonstrate the level higher than the average. In this scope, the establishment of the requirements will be possible through determining a “diligent guardian” model. The activity performed by a member of the management body who does not keep to this model, shall result in liability for damages. In the case of a member of the Management Board, the increased standard of care shall apply in the evaluation of the fault under Art. 293 (1) of the Commercial Companies Code.

ASJC: 3308

JEL: K31