The term “indirect employer” when used in labour law literature usually refers to the usage of work performed by persons formally employed by a third party. In such a situation, employee seems to have the direct (formal) employer and the indirect one who appropriates the results of the work done without entering into an employment relationship. Pope John Paul II in the encyclical Laborem Exercens uses the notion of the indirect employer in a somewhat different meaning. The Pope refers rather to the sphere of politics and the ability to shape the statutory labour law or the actual working (living) standards for the entire society. The article explains the concept of the indirect employer as it was used in the encyclical and indicates the ideas that are behind it. The article also attempts to show the usefulness of the John Paul II’s concept of the indirect employer in considering issues related to the transnational corporations and labour law.

ASJC: 3308

JEL: K31

Social expectations as an empirical exponent of the limits the protective function of labor law

Labor law is the law of everyday life, which is why social expectations, socio-political and economic and economic changes significantly contribute to shaping its regulations. Labor law as a branch of law directly referring to human work is exposed to the processes of constant change that should be met, and therefore should contain universal regulations. The current model of labor law is not adapted to modern socio-economic relations, hence the decreasing importance, the need for its thorough, systemic change or even inclusion in civil law. The overriding function of law is the introduction and maintenance of social order, and in the area of labor law its two basic functions are most often distinguished, i.e. protective and organizational, which complement each other. The protective function of labor law does not remain an independent value and does not work in isolation from individual labor law regulations but provides a specific background for them. Her presence manifests itself in the content of individual labor law regulations, such as: establishing, changing and terminating an employment relationship, protecting employment permanence, parental and maternity rights, or regulations regarding material employee responsibility. Labor law should be seen as a regulation concerning the community, and in place of the protective (individualistic) function, the distribution and organizing function of labor law should be restored (with a significant correction of their content) due to the fact that labor law is a tool for equalizing and promoting opportunities in social life. The time of globalization and free market economy should strengthen the position of labor law and at the same time face its new challenges. 

ASJC: 3308

JEL: K31

The Draft WLB Directive – a new approach to gender equality in employment?

The European Union experiences many challenges today. One of these is the necessity of achieving the target of employment the 75% of the population aged 20–64. There is no doubt that it is a kind of ‘mission impossible’ without women’s inclusion. Simultaneously, EU has realized that gender employment gap in the labour market is most acute for parents and people with other caring responsibilities. An attempt of the solution has become the proposal for a directive of the European Parliament and of the Council on work-life balance for parents and carers and repealing Council directive 2010/18/EU, that is part of a package of measures that addresses women’s under-representation in employment and supports their career progression through improved conditions to reconcile their working and private duties. The aim of the paper is to take a closer look for a proposal and assessment of its potential influence on the Polish employment policy. It encompasses of the four main parts: introduction, presentation of the EU gender equality law in the field of employment from WLB perspective, analysis of the main assumptions of the proposal (maternity leave, parental leave, carer’s leave, flexible working arrangements), and finally – its implications for Poland. The paper ends with the conclusion that gender equality in the employment is not only the issue that is worth implementing, but also something that simply pays off.

ASJC: 3308

JEL: K31

Rights related to the parenthood of self-employed people – de lege lata and de lege ferenda

ASJC: 3308

JEL: K31

Personal data controller in collective employment law

Entering into force of the GDPR was an event that equally affected both employers and trade unions. In the course of practical implementation of provisions of law regarding personal data protection the main focus was put on employers who traditionally are seen as having bigger influence on factual and legal situation of employees. Trade unions seem to have overlooked the fact that they also process wide range of personal data of their members, often of very sensitive character. This article is an analysis of legal position of trade unions in relation of processing personal data with special emphasis put on cooperation with employers and employees in performing their statutory obligations. Clear assignment of position of data controller to trade union creates issues due to the wording of provisions of the GDPR. The same problem is present in case of different tiers of trade unions, especially those of regional or national range. However, function and role of trade unions allow to indicate them as data controllers of their members. In this paper the Author analyses legal bases for processing personal data by trade unions and determines transfers of personal data within trade unions and between trade unions and employers. Finally, the Author verifies documentation used by chosen representative trade unions in Poland in order to determine how trade unions themselves approach the issue of correct establishment of their position in processing personal data and how they apply provisions on personal data protection in practice.

ASJC: 3308

JEL: K31

The article presents an analysis of employees’ obligation to be sober in the context of legal possibilities of running preventive sobriety tests on employees. It thoroughly discusses the Supreme Court judgment policy on employees’ obligation to be sober in the workplace and legal consequences of their failure to fulfil this duty. The article also conducts a critical analysis of the opinion that  an employer can carry out preventive checks only based on an employee’s consent expressed on his/her own initiative. The author proves that a contrary thesis is right and that, in case of some jobs, such as drivers or persons working at height, an employer is obliged to do preventive tests for employees’ sobriety and employees are obliged to take such tests. At the same time, employees’ consent to process data concerning the state of their sobriety is not required. 

ASJC: 3308

JEL: K31

The amendment to the Labour Code and the Code of Civil Procedure of 16 May 2019 clarifies the provisions governing the issuance of work certificates. It establishes new obligations for the employer and entitlements for the former employee. It strengthens the protection of his vital interests of a personal and social nature. It eliminates legal gaps previously existing in the system of Polish labour law. It significantly extends access to court proceedings in the event of failure to issue a work certificate.

ASJC: 3308

JEL: K31

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