The subject of this paper is to establish risk factors which make elderly and dependent people vulnerable to different forms of mistreatment and victimization. Therefore, firstly there will be presented different forms of mistreatment or abuse, including some crimes, and risk factors of mistreatment and victimization. Secondly, against this background Author will identify social law instruments, which may minimize the impact of those factors.

ASJC: 3308, JEL: K31

The starting point for further consideration is that climate change and humanity’s contribution to this process is an indisputable global fact. The article puts forward the thesis that certain provisions of the Labour Code—either existing since its enactment (i.e. since 1974) or introduced later but before 2000 (the title labour law of the 20th century)—show a visible “pro-climate potential”. This potential should be understood in that they can become an effective instrument in the fight against climate change.

The analysis examines: 1) the employer’s obligation to respect the dignity and personal rights of employees, 2) the employee’s duty to respect the interest of the work establishment and 3) the employer’s obligation to contribute to shaping the principles of social coexistence in the workplace and the related employee’s obligation to respect these principles. The option to use multiple legal constructions and protective mechanisms in parallel when determining the responsibility of the employee or the employer reinforces the importance of pro-climate behaviour in the workplace. Nevertheless, not all of the mentioned legal instruments will always be able to be applied when categorising a specific event.

ASJC: 3308, JEL: K31

Principles of social dialogue based on the provisions of the European Social Charter (revised)

The European Social Charter (both in initial as well as revised version), as one of the most important legal acts regulating the standards of labour law, contains a number of provisions that regulate the principles of social dialogue. The Charter imposes an obligation to encourage joint consultation between workers and employers; supporting the mechanisms of voluntary negotiations between employers or employers’ organizations and employees’ organizations in order to regulate employment conditions through collective labour agreements; supporting conciliation mechanisms and voluntary arbitration for settling collective disputes. The provisions of the Charter also regulate the right of employees to be informed and participate in consultations regarding the employer’s situation.

The standards of social dialogue included in the European Social Charter constitute a comprehensive solution that can be a point of reference for the analysis of national solutions. They are also an indicator of changes that should be introduced to the national labour law system in order to create a strong basis for dialogue between social partners.

ASJC: 3308, JEL: K31

Section IIC of the Labour Code that was adopted by the Parliament in December 2022 introduces new regulations concerning remote work to Polish labour legislation. Thus, the binding legal provisions included in the anti-Covid legislation were repealed. The legislation authority established a new model of remote work. The aim of this study is to provide a general characteristic of this model. For the purposes of this article, I will focus mainly on the subjective and objective issues. The essence of remote work consists in performing this work at a location specified by the employee and agreed with the employer. The results of remote work are submitted with the use of means of remote communication. De lege lata, two types may be distinguished: contractual remote work and remote work that is designated unilaterally. This allows the parties to the employment relationship to adapt it in a flexible way to the diverse conditions of the work environment at the dawn of the post-industrial era.

ASJC: 3308, JEL:K31

Remote service

The subject of the study is the institution of remote service by uniformed services officers. The legislator has significantly restricted the use of remote service, which may only be performer in strictly defined cases, such as states of emergency, state of epidemic threat or epidemic, or due to special needs of the service.

ASJC: 3308, JEL: K31

Since Poland started the transformation from a country of emigration to a country of immigration, the legal environment related to the employment of foreigners has been constantly changing. These changes seem to be of a bumpy nature, although they implement in a relatively consistent manner certain assumptions that can be called systemic. This article will analyse main directions of legal changes related to the employment of foreigners in Poland, specifying at the same time the objectives that the legislator intended to achieve when introducing them. This will make it possible to show the organisational priorities of labour market regulation and the values that the national legislator aims to protect. Such an analysis, in turn, will make it possible to assess legislative actions and (in the case of their approval) to indicate further necessary improvements made in the spirit of the existing ones or (in the case of their criticism) to set new directions of actions. 

ASJC: 3308, JEL: K31

Vis maior as a reason for dismissal from work

One of the completely new rights given to employees as a result of the April 2023 amendments to the Labour Code is exemption from work due to force majeure in urgent family matters caused by illness or accident, if the employee’s immediate presence is necessary (Art. 1481 § 1 of the Labour Code). When interpreting the law, there is the concept of rationality of the legislator, which should be applied here. Which means that the employee does not so much have to request the employer to take time off from work due to force majeure above, but remains obliged to report absence from work in advance or report the need to leave the workplace for an urgent family matter caused by illness or accident. Applying in this case the interpretation developed on the basis of the provisions on leave on demand to Art. 1481 of the Labour Code does not remain justified. 

ASJC: 3308, JEL: K31

The rights of employees in relation to parenthood granted by employers as a manifestation of the achievement of the objectives of Directive 2019/1158

Directive 2019/1158 obliges Member States to facilitate the reconciliation of work and family life for workers. This task can be carried out directly by the state as well as by employers. In the first case, it is necessary to issue laws. On the other hand, employers can help employees in the implementation of childcare through collective labour agreements, regulations and the so-called soft law. The information contained in the article is based on the research conducted by the author together with Barbara Godlewska-Bujok on the rights of employees in relation to parenthood granted by employers.

ASJC: 3308, JEL: K31

Gainful employment and care for a child with a disability. Postulate of changes in the normative regulation of the nursing benefit

The article presents an analysis of the normative solutions regarding support for a care of a person with a disability. It takes into account the changes introduced by the provisions of the Act on Supporting Benefits, which create a new system of care benefits from 1 January 2024 encompassing financial support exclusively for carers of people under the age of 18 with disabilities. The legislator simultaneously decided to leave the possibility of setting the care benefits after 1 January 2024 on the basis of the provisions in force up to 31 December 2023. However, the accepted duality of the solutions on this is difficult to justify because of the different treatment of carers of people with disabilities, because their right to a care benefit is determined by the moment that the application is filed. Similarly, the moment that the application is filed for a nursing benefit and consequently the procedure in which the case is handled determines whether it is possible for the carer of a person with a disability to take up gainful employment. 

ASJC: 3308, JEL: K31

Reasonable accommodation as a means of supporting the professional activity of persons with disabilities in the light of judicial decisions

The aim of the study is to present selected case law in the field of legal regulation of reasonable accommodation in terms of the importance of this legal measure for supporting the professional activity of persons with disabilities. The analysis of the judicature to date allows to identify several issues, the clarification of which made in the rulings of the Court of Justice of the European Union and the Polish Supreme Court, may facilitate the application of the legislation in practice, thereby supporting the taking-up and maintain employment of persons with disabilities. 

ASJC: 3308, JEL: K31