The following research goal is to compare the state of research and scientific findings concerning the human rights of a “working man” in Poland and in France, with the use of a library search. After reviewing the French manuals on employment law it is known that the subject of the “working man’s” human rights is a subject which is common in the academic field there, subject to much attention (Dockes 2018). Even a cursory lecture of the legal bibliography entries confirms the weighty importance of the issue of human rights in labour law (Didry 2018, pp. 241–264). Meanwhile in Poland the state of research is saddening. Not only there are no studies, but there is even no academic discussion in the field, moreover, it is even actively avoided. Of course one has to ask: why? What is the reason for this approach of the Polish legal science to the key subject of “working man’s” human rights in Poland? These are the questions that I try to answer herein. 

ASJC: 3308

JEL: K31

Any legislation must be assessed from the point of view of its practicability. Legislation and the application of law are closely correlated. The law must be the law in action. Based on this assumption, the overall assessment of the statutory model of the powers vested in a trade union organization is largely negative. The legislator did not provide effective tools, i.e. legal mechanisms enabling the functioning of company trade union organizations at the majority of Polish employers, and thus did not create the legal conditions for the functioning of proper and intended relations between the entities of collective employment relationships. This results, among other things, from a failure to adapt trade union legislation to the dynamically changing socio-economic conditions and needs of the modern labour market. Lack of the legislator’s activity in this respect raises concerns as to the future of the trade union movement in Poland. 

ASJC: 3308

JEL: K31

The article aims at presenting the reconsidered model of association of public servants under the Polish legal system. In the past, there was a statutory imposed limiting monism in the trade union movement of military services officers. Since 2019 trade union pluralism has been introduced for the Police, Border Guard, and Prison Service officers, which is analyzed in the paper. Another issue discussed in this article is the right of association of persons employed in civil public administration.

ASJC: 3308

JEL: K31

This article is devoted to the inter-company trade union organization after the amendment to the Trade Union Act. The inter-company trade union organization is relatively rarely subject of studies in labour law. Usually it is considered that the arrangements made for the company trade union organizations relate also to intercompany trade union organisation. Meanwhile, a more detailed analysis shows that the inter-company trade union organization is characterized by far-reaching specificity, and its regulation based largely on references to regulations governing the legal status of the company trade union organization is not always adequate. This generates numerous practical problems. In this text, the author analyzes several particularly important issues regarding intercompany trade union organization in connection with the amendment to the Trade Union Act, which entered into force on January 1, 2019. 

Migration of people is a multidimensional phenomenon that combines various aspects. Complexity of migration processes, its variability in time, diversity of economic, demographic, political or cultural determinants pose considerable challenges on the European labour market on many levels, starting from theoretical ones—related to the adoption of a uniform definition of migrant workers, and ending with the practical ones—relating to the establishment of the sustainable migration policy measures that would aim at safeguarding their fully-fledged participation in it guaranteed by various regulatory norms and standards. The article aims at presenting a rudimentary analysis of the specificity of labour migration in Poland against the background of European countries, in order to elucidate the deficiencies of the present regulatory approaches in addressing the phenomenon of sui generis peripherilization of migrant workforce in Poland. Its content has been enriched with comparative overview of the results of the case studies conducted in one of the key sectors for European labour market exposed to this phenomenon—namely pork meat value chain. Notably, problems related to wage levels and working conditions of migrant workers observed in this sector are as much industry-specific, as exemplary of wider global trends in industries that offer low pay, low status, little career advancement and stressful work environment.

* This article has been prepared during implementation of the project “Fairness, Freedom and Industrial Relations across Europe: UP AND DOWN THE MEAT VALUE CHAIN (MEAT.UP.FFIRE)”— VP/2017/004/0035 partially financed from financial resources for science in 2018–2020 granted for the implementation of an international co-financed project by Ministry of Science and Higher Education.

ASJC: 3308

JEL: K31

The European Social Charter, the EU Charter of Fundamental Rights and the European Pillar of Social Rights, are tied by mutual interactions and inspirations. The aim of this study is to present the institution of solidarity action, lockout and protection of workers’ elected representatives, and reflection on which instruments of international law can be applied in these areas.

ASJC: 3308

JEL: K31