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Studies on Labour Law and Social Policy

Description

“Studia z Zakresu Prawa Pracy i Polityki Społecznej” (Studies on labour law and social policy) is a journal published by the Chair of Labour Law and Social Policy of the Jagiellonian University since 1993. Until 2016 the journal was published annually, and since 2017 is has been issued as a quarterly 4 times a year. A founder and a long-time editor-in-chief was professor Andrzej Świątkowski. Since October 2015 the editor-in-chief has been professor Krzysztof Baran. The journal addresses the issues of individual and collective labour law, social security law and legal problems of social policy. It is a forum for exchange of opinions for persons interested in the labour law from all academic centres in Poland. During its 20-year history, the English version - the Yearbook of Polish Labour Law and Social Policy - was also published many times.

ISSN: 1429-9585

eISSN: 2544-4654

MNiSW points: 70

UIC ID: 200290

Abbreviations: Stud. Zakr. Prawa Pracy Polityki Społecz.

DOI: 10.4467/25444654SPP

Editorial team

Editor-in-Chief:
prof. dr hab. Krzysztof Baran
Deputy Editor-in-Chief:
dr hab. Marcin Wujczyk
Secretary:
dr Justyna Czerniak-Swędzioł
Administration:
Dorota Rymkiewicz

Affiliation

Jagiellonian University in Kraków

Journal content

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Volume 33 Issue 1

Publication date: 26.02.2026

Editor-in-Chief: Krzysztof Baran

Deputy Editor-in-Chief: Marcin Wujczyk

Secretary: Justyna Czerniak-Swędzioł

Issue content

Krzysztof Wojciech Baran

Studies on Labour Law and Social Policy, Volume 33 Issue 1, Volume 33 (2026), pp. 7-14

https://doi.org/10.4467/25444654SPP.26.001.23177
The subject matter of the article concerns the conceptualization of labor law. Its scope encompasses a contemporary broad spectrum of legal relationships related to employment, ranging from employment law, through civil law, administrative law, criminal law, and finally social law. The multiplication of these relationships continues, with increasingly new categories of non‑employment‑based grounds for engagement being created. Hence, the application of holistic research methodologies is of paramount importance. The article also identifies fundamental research directions for a holistically understood labor law.
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Monika Tomaszewska

Studies on Labour Law and Social Policy, Volume 33 Issue 1, Volume 33 (2026), pp. 15-23

https://doi.org/10.4467/25444654SPP.26.002.23178
This article advances the thesis that algorithmic subordination should operate as a legally cognisable indicator of employment status within European labour law. Building upon the Court of Justice’s autonomous concept of the “worker” and the Union legislature’s recent intervention in Directive (EU) 2024/2831 of 23 October 2024 on improving working conditions in platform work (OJ L 2024/2831, hereinafter referred to as: “the Directive”), the argument proceeds in three steps. First, it reconstructs subordination as a functional criterion that can be revealed through digital control measures, in particular the allocation of tasks, monitoring, price setting, evaluation and deactivation effected by algorithms. Secondly, it examines how this control reconfigures both sides of the personal work relation, by sharpening tests for employee status and by pressing toward a re‑specification of the employer concept, including scenarios of joint or indirect employer responsibility. Thirdly, it draws on Member State practice, notably Spain and Italy, to show how rebuttable presumptions, transparency obligations and data‑protection enforcement can be linedup to evidence and to constrain algorithmic power in the workplace. The article concludes that algorithmic subordination, when bounded by appropriate procedural and substantive safeguards, warrants recognition as a criterion for classifying work performed in atypical arrangements as employment. It recommends legislative and judicial techniques to ensure the effective implementation of Directive (EU) 2024/2831, while preserving the distinction between genuine self‑employment and employment.
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Leszek Mitrus

Studies on Labour Law and Social Policy, Volume 33 Issue 1, Volume 33 (2026), pp. 25-41

https://doi.org/10.4467/25444654SPP.26.003.23179
The elaboration is dedicated to current developments of European Union labour law on protection against pay discrimination based on gender. The contribution introduces EU legal framework on equal treatment of men and women. Recent case‑law of the Court of Justice of the European Union concerning the notion of pay and indirect discrimination based on gender have been extensively presented. The potential impact of the Directive 2023/970 to strengthen the application of the principle of equal pay for equal work or work of equal value between men and women through pay transparency and enforcement mechanisms has been analysed.
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Małgorzata Kurzynoga

Studies on Labour Law and Social Policy, Volume 33 Issue 1, Volume 33 (2026), pp. 43-63

https://doi.org/10.4467/25444654SPP.26.004.23180
The aim of this article is to demonstrate that Directive (EU) 2023/970 introduces a new dimension into EU labour law by shifting the focus of anti‑discrimination protection to the stage preceding employment and by recognising the right to effectively negotiate bias‑free remuneration as an element of the right to equal pay. This thesis is grounded in an analysis of the mechanisms laid down in Article 5 of the Directive, in particular the obligation to disclose pay information and the prohibition on asking candidates about their pay history. The article shows that pay transparency at the recruitment stage not only supports the enforcement of the principle of equal treatment but also serves a preventive function against pay discrimination by reducing information asymmetry and strengthening the bargaining position of job applicants. The article also provides a critical assessment of the Polish transposition—in particular Article 183ca of the Labour Code—which does not meet the minimum standard required by the Directive and weakens the preventive nature of transparency mechanisms aimed at combating pay inequalities.
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Janusz Żołyński

Studies on Labour Law and Social Policy, Volume 33 Issue 1, Volume 33 (2026), pp. 65-79

https://doi.org/10.4467/25444654SPP.26.005.23181
The current world is undergoing profound changes in many areas of human functioning. Employment is one such area, where knowledge and creativity are becoming increasingly dominant. Therefore, individuals possessing specific knowledge may be employed differently from current employees in terms of their remuneration, daily work hours, and simultaneous work for multiple employers.
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Katarzyna Serafin

Studies on Labour Law and Social Policy, Volume 33 Issue 1, Volume 33 (2026), pp. 81-92

https://doi.org/10.4467/25444654SPP.26.006.23182
In recent years, two amendments to the Labour Code have been made, which have significantly affected the provisions on parental rights. The first amendment implemented EU Directive 2019/1158 (“work‑life balance directive”) into the Polish legal system, while the second amendment introduced a new type of parental leave into the Labour Code—supplementary maternity leave. The article analyses the parental rights of employees which, under the current provisions of the Labour Code, may be exercised by the father.
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Belén Reyes Benavides, Alejandra Santana López, David Barboza Ancoma

Studies on Labour Law and Social Policy, Volume 33 Issue 1, Volume 33 (2026), pp. 93-114

https://doi.org/10.4467/25444654SPP.26.007.23183
This article researches the working conditions of support services professionals in vulnerable schools in Chile, school actors who, despite being marginalized from the pedagogical center, play a fundamental role in the educational process and support of the students. It has been considered as theoretical references: social support, the job demands and resources model, and symbolic violence. A qualitative methodology was used, involving semi‑structured interviews with these professionals. It was subsequently analyzed using a content analysis model. The study draws attention to how relational factors, peer support, and participatory leadership emerge as processes of deterioration and motivation in the face of the development of occupational well‑being. At the same time, it problematizes the lack of institutional mechanisms that promote the care and recognition of this group, revealing a tension between the structural demands of the education system and the well‑being of its workers.
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