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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

DOI: 10.4467/25444654SPP

Editorial team

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

Affiliation

Jagiellonian University in Kraków

Journal content

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Volume 31 Issue 4

Publication date: 22.10.2024

Editor-in-Chief: Krzysztof Baran

Deputy Editor-in-Chief: Marcin Wujczyk

Secretary: Justyna Czerniak-Swędzioł

The publication was co-financed by Studium Podyplomowe Prawa Pracy at the Faculty of Law and Administration at Jagiellonian University.

The publication has been supported by a grant from the Faculty of Law and Administration under the Strategic Programme Excellence Initiative at Jagiellonian University.

The journal was co-financed by the Ministry of Education and Science under contract No. RCN/SP/0471/2021/1 as part of the “Development of Scientific Journals” program.

Cover design: Sebastian Wojnowski

Issue content

Daniel Eryk Lach

Studies on Labour Law and Social Policy, Volume 31 Issue 4, Volume 31 (2024), pp. 237 - 251

https://doi.org/10.4467/25444654SPP.24.019.20279
The subject of this study is to critically discuss the implementation of Directive 2019/1158 on time off from work and carers’ leave from a social law perspective, taking into account the objectives of the Directive and in the context of the EU’s competences regarding social policy. The starting point will be to outline both institutions in the light of the statements in the labour law literature. Next, the instruments in force in Germany for the protection of informal carers during time off or carer’s leave will be presented. Against this background, it will be possible to discuss the existing de lege lata and postulated de lege ferenda regulations of Polish social law, which—as it seems—could and should serve to protect employees using the newly introduced labour law institutions, so as to achieve the goal of ensuring a balance between the professional and private lives of parents and carers.
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Tomasz Duraj

Studies on Labour Law and Social Policy, Volume 31 Issue 4, Volume 31 (2024), pp. 253 - 273

https://doi.org/10.4467/25444654SPP.24.020.20280
The aim of this study is to present the key challenge faced by the Polish legislator, which is the implementation of the construction of the presumption of employment relationship as regulated in Art. 5 of the Directive in relation to platform employment. In my opinion, the correct implementation of this construction into the Polish legal system will require extending this mechanism to all employment relationships, including those operating outside the online platform sector. In this sense, the implementation of this mechanism will constitute a revolution for the entire Polish employment law. The implementation of the presumption of an employment relationship into our legal order is of fundamental importance for all employment relations in Poland. It will affect not only the online platform market, but also all individuals engaged in gainful employment. The author critically addresses the proposed solutions, pointing out the flaws and risks associated with introducing this legal construction into Polish labour law.
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Małgorzata Grześków

Studies on Labour Law and Social Policy, Volume 31 Issue 4, Volume 31 (2024), pp. 275 - 292

https://doi.org/10.4467/25444654SPP.24.021.20281
This article addresses the protection of whistleblowers in employment relationships. The European Union has created a framework (minimum standards) for the protection of whistleblowers in Directive 2019/1937. As an act of EU law, the Directive 2019/1937 is binding on each Member State to which it is addressed with regard to the result to be achieved, but leaves national authorities freedom to choose the form and means. This article presents the model of implementation of the Directive 2019/1937 used in Portugal (the country that was one of the first to implement the Directive).
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Stefan Płażek

Studies on Labour Law and Social Policy, Volume 31 Issue 4, Volume 31 (2024), pp. 293 - 306

https://doi.org/10.4467/25444654SPP.24.022.20282
In 1982, the Act on State Office Employees was passed. Despite the establishment of the civil service, which, according to Art. 153 of the Constitution should serve government administration offices, the 1982 Act is still in force, although its repeal has been announced many times. This is mainly because the 1982 Act, unlike the Civil Service Act, does not provide for a public procedure for equal recruitment for vacant official positions, which allows all political decision-makers to fill these positions through their discretion. However, this constitutes a violation of Art. 60 of the Constitution, which provides citizens with equal access to public service. The data collected under the Act on Access to Public Information shows that the number of people subject to the 1982 Act is very large and, moreover, that numerous important positions in the offices of the supreme state administration bodies are filled on its basis. This is to the obvious detriment of the public interest, especially since the 1982 Act does not contain a whole range of legal structures and requirements intended to ensure professional, reliable and impartial operation of the administration, as required by Art. 153 of the Constitution. The article contains a polemic with arguments about the need for special trust in employees, pointing out their extra-legal nature, as well as the dangers resulting from these assumptions. The thesis is the need to repeal the 1982 Act as soon as possible, as it has already been announced many times.
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Krzysztof Wojciech Baran, Mariusz Lekston

Studies on Labour Law and Social Policy, Volume 31 Issue 4, Volume 31 (2024), pp. 307 - 318

https://doi.org/10.4467/25444654SPP.24.023.20283
The nature of employment of academic teachers is complex not only because their employment is regulated by the codes of practice with the auxiliary application of the provisions of the Labor Code and other sources of labor law, but also because it is related to the presence of public law elements in the obligatory bond of the employment relationship. The need for pragmatic regulation of the employment relationship of academic teachers seems obvious, and is justified by the differences in their rights and obligations in comparison with the general regulations. However, it should be noted that by approximating the structure of the academic employment relationship to the obligatory mechanism in the context of general labor law, we seem to ignore many specific and important features of this employment. Therefore, normative shortcomings of the applicable act can be observed. It seems that within de lege ferenda proposals, the one referring to the model solution, which takes into account the specificity of the work of academic teachers, is fundamental. Such a solution seems to be expected primarily due to the role played by the system of higher education and science in the structures of the state.
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Marcin Wujczyk

Studies on Labour Law and Social Policy, Volume 31 Issue 4, Volume 31 (2024), pp. 319 - 338

https://doi.org/10.4467/25444654SPP.24.024.20284
In his work, the author describes and evaluates the institution of securing labour claims by imposing an obligation on the employer to continue employing the employee until the proceedings have become final, introduced in Art. 7555 of the Civil Procedure Code. First, a description of the legal nature of the new type of security is made. In the next part, the author defines the catalogue of entities entitled to benefit from the security of Art. 7555 of the Civil Procedure Code, analysing the concept of an employee subject to special protection against termination of the employment relationship with or without notice. In addition, the study fleshes out the formal issues related to the application for security under Art. 7555 of the Civil Procedure Code and the issuance of an order granting such security. This is followed by a consideration of the permissibility of amending a security order that has been issued, and an analysis of the concept of “continued employment,” particularly in terms of what the obligation to continue employment means for the employer and what is the legal status of the entitled person during the period of security. The author also presents the issue of the compulsory execution of the issued security order and indicated when the security ceases. The work also considers the issue of the permissibility of the termination of the employment relationship established in the execution of the freezing order under Art. 7555 of the Civil Procedure Code. In addition, the author discusses in his considerations the rules of settlement between the parties when the action of the employee-author is dismissed. Also included are comments on the applicability of the provisions of Art. 7555 of the Civil Procedure Code to a change notice. Finally, the author evaluates the institution of security under Art. 7555 of the Civil Procedure Code, in which, while referring positively to the very concept of introducing a means of protecting employee claims, he points out the critically assessed aspects of the new regulation.
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