This article aims to identify the normative relationships between the notion of employer defined in individual labour law and collective labour law. The paper covers problems relating to both theoretical and practical problems.

ASJC: 3308, JEL: K31

Admissibility of disclosing to trade unions information on the amount of an employee’s remuneration in the common employment model (polemical article)

In doctrine and jurisprudence, the prevailing view is that employers are not obliged to disclose to trade unions, at their request and within the framework of trade union monitoring of compliance with the law, information on employee wages. According to the 1993 resolution of the panel of seven judges of the Supreme Court, an employer may disclose such information, but only with the employee’s consent. Otherwise, the personal right of the person performing the work may be infringed. Such an opinion is not convincing. It stands in clear opposition to the law in force. It also leads to depriving the trade union organisation of the right to carry out systemic control of the employer’s compliance with the principle of equal remuneration for equal work or work of equal value (Art. 18(3c) of the Labour Code). 

ASJC: 3308, JEL: K31

The subject of analysis are issues tied to contributions for the employee capital plans during a period of economic shutdown. Employee capital plans (PPK), covered under the so-called third pillar of social security, serve as a means to collect additional funds that are disbursed after the end of professional activity. The funds collected in the PPK come primarily from contributions made by the employer and by the participant of the PPK. These contributions are not made during the period of economic shutdown, within the meaning of anti-crisis regulations of 2013. This paper discusses the consequences of suspension of contributions for the employee capital plans for their participants. The author discusses also the obligation to make contributions into the plans during the period of economic shutdown caused by the spread of COVID-19.

ASJC: 3308, JEL: K31

The main area of interest of this paper focuses on the right to strike in public education sector. All the possibilities of limiting the right to strike in this public sector needs to be verified in the context of constitutional provisions and international legal obligations binding the legislator. The possibility of “including” teachers in the Civil Service Corps is being considered in this paper. Under the current state of law, there are no grounds to restrict or prohibit the right to strike in the education sector. The potential subordination of teachers to the rigours binding the Civil Service Corps would require far-reaching adjustments within this institution, stemming from the constitutional provisions that would necessitate these changes.

ASJC: 3308, JEL: K31

Corruption, harassment in a workplace, practices contrary to the correct work process, and many others are irregularities that can arise in any enterprise. This is a problem that affects established democracies and free markets and post-communist countries that are transitioning to democracy and market economies. While the causes of irregularities vary, the tools often suggested tackling them include that do not necessarily encourage potential whistleblowers to report them, whether inside or outside the organization. This article discusses the role of whistleblowing as a whistle­blowing tool. Describes the law and whistleblowing in a comparative context, focusing on the United States and the European Union. The article then concludes with recommendations for strengthening whistleblowing in Europe, where reporting irregularities is just beginning, and the level of protection differs between the Member States.

ASJC: 3308, JEL: K31

The article is devoted to selected issues of protection of mental health of an employee. This issue has a very practical value, but so far, the proposed topic has not received too many scientific studies conducted through the prism of Polish labour law regulations. The text, in addition to the author’s thoughts, has been enriched with guidelines for the promotion of mental health published by the European Commission in 2014 in a document entitled Promoting Mental Health in the Workplace.

ASJC: 3308, JEL: K31