Loyalty to their employer is one of the duties of civil servants, local government employees in clerical positions, and state officials

Officials owe loyalty to their employer, in this case an organisation without a legal personality under Art. 3 of the Labour Code and an office as defined by administrative sciences. The clerical duty of loyalty cannot be restricted to the other party to the employment relationship, however. Given the importance of the Polish nationality to the contracting and continuation of clerical employment relationships, officials must be assumed to owe loyalty to the state and public institutions. The clerical loyalty to the Republic of Poland should be seen as a materialisation of the constitutional duty of a citizen’s allegiance to a state. Due to the importance of an act of will to the deprivation of Polish citizenship, the discontinuation of a clerical employment relationship is necessary.

ASJC: 3308, JEL: K31

Controversies surrounding the processing of certain types of personal data of candidates for employees at the request of a potential employer

The article discusses the topic of obtaining by employers information concerning their future employees in the provisions on the protection of personal data applicable in Poland. The main research problem is to determine whether the processing of personal data of candidates for employees at the request of a potential employer has been regulated in the provisions of the Labor Code in a way that allows for their unambiguous interpretation and does not create an opportunity to discriminate candidates for employees in the course of recruitment processes. The first part of the article describes the general principles of the processing of personal data of candidates for employees and the general principles of the protection of personal data of candidates for employees processed at the request of a potential employer. The following sections focus on more detailed problems, such as: the processing of personal data of a candidate for an employee regarding education, professional qualifications and the course of previous employment, or the processing by a potential employer of the date of birth and PESEL number and residence address of a candidate for an employee. The summing-up includes the most important de lege lata and de lege ferenda conclusions resulting from the conducted considerations.

ASJC: 3308, JEL: K31

The obligation to agree on the awards regulations with trade unions—considerations on the relationship of art. 27 sec. 3 of the Act on Trade Unions with Art. 105 of the Labor Code

This study aims to answer the question: can an employer grant an award without prior arrangement of the award regulations, when a company trade union is active? To do this, it is necessary to define the award itself for the purposes of the labor law system. It is also necessary, in order to put forward the final thesis, to specify the obligation to establish the regulations of awards with trade unions and to define the nature of the regulations themselves. The author pays particular attention to the relationship between the nature of the award, and the objective scope of the awards regulations. This issue is not only important and very sensitive from the point of view of the boundaries set by the very definition of the award, but it is of particular importance in the practical and correct application of the law. considerations.

ASJC: 3308, JEL: K31

Sobriety control of employees performing remote work. Observations against the background of the amendments to the Labour Code

The Labour Code has recently been supplemented with new legal regulations on controlling employee sobriety and remote working. In the hitherto binding legal state, these issues were regulated only in a fragmentary manner, leaving many important issues outside the sphere of regulation. However, the manner in which these issues have been regulated by the legislator raises many doubts which may significantly affect the application of the new provisions in practice. The article is devoted to one of the many problems signalled in this context –sobriety control of employees working remotely. It analyses, among other things, the premises for the admissibility of checking the sobriety of employees, showing their relationship to the obligation of sobriety and the obligation to protect the life and health of employees by ensuring safe and healthy working conditions. These considerations were then related to remote working in order to assess, on this basis, the usefulness of the new provisions on controlling employee sobriety in relation to employees working remotely.

ASJC: 3308, JEL: K31

Special rights of persons with disabilities in terms of non-discrimination

Discrimination based on disability is indicated in the Polish legal system as one of the prohibited discrimination criteria. However, the definition of the term “disability”may cause difficulties due to the differences in the meaning of this term on medical and legal grounds. There are diverse models of perceiving disability that affect not only its various definitions but also influence the existing forms of assistance and means used to combat discrimination. Limited ability to work makes people with disabilities particularly vulnerable to discrimination in the sphere of employment. Special rights for people with disabilities are aimed at reducing or completely eliminating existing barriers that prevent these persons from fulfilling their social roles. The purpose of this study is to discuss the special rights of people with disabilities in the sphere of employment, with particular emphasis on the employer’s obligation to provide the disabled person with the necessary reasonable improvements. The analysis of the existing legal solutions leads to the conclusion that further legal and social changes are necessary, with the main emphasis on the elimination of social disability.

ASJC: 3308, JEL: K31

Scope of review of the settlement concluded before the mediator by the labour court

The settlement is an agreement under which the parties, by mutual concessions, resolve an existing or potential dispute regarding claims arising from the legal relationship existing between them. The purpose of this study is to determine the scope of review –carried out by the labour court –of the settlement concluded before a mediator during mediation in individual labour law cases. The issue of reviewing the mediation agreement is of great importance due to the fact that the labour court may refuse to approve the settlement concluded before the mediator and that it does not consider the submitted settlement in terms of its merits.

ASJC: 3308, JEL: K31