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Dr Sabina Pochopień-Belka
ORCID: 0000-0001-5505-6077

PHD-Assistant Professor at the chair of Labor Law and Social Insurance of the Institute of Legal Sciences at the University of Opole, assistant notary. She is an author of publications concerning labour law and unfair competition law issues.

 
DOI: 10.33226/0032-6186.2024.2.2
JEL: K31, K22

The aim of this article is to answer the question of what relevance, in the context of a trade union's access to information on the parameters of labor-management algorithms, is the circumstance of their status as business secret. Due to the fact that the characterized category of information has the status of information necessary for the conduct of trade union activities in terms of Article 28 of the Act of 23 May 1991 on Trade Unions, the simultaneous qualification of it as a business secret does not, in principle, constitute an independent basis for refusing to provide it. The exception is when such a demand is formulated in violation of the law. The qualification of information on the parameters of labor management algorithms as a business secret determines the specific regime for dealing with it and liability for committing violations in this regard.

Keywords: business secret; algorithms; trade union
DOI: 10.33226/0032-6186.2022.11.9
JEL: H55, K31

On October 27, 2022 at the Faculty of Law and Administration of the University of Opole held a national scientific conference entitled 'Temporary incapacity to work due to sickness' organized in cooperation with the Branch of the Social Insurance Institution in Opole, by the Department of Labor Law and Social Insurance of the University of Opole and the Lower Silesia Branch of the Polish Social Insurance Association. The event was attended by academics, employees of the Social Insurance Institution and representatives of the legal profession. The aim of the conference was to analyze the theoretical and practical aspects of the institution of temporary incapacity to work due to sickness.

Keywords: temporary incapacity to work due to sickness; sickness insurance; sickness allowance; sick pay; social risk
DOI: 10.33226/0032-6186.2022.5.5
JEL: K31, K12

The aim of this article is to determine the impact of the principle of privilege of employees on the freedom of the employer and employee to shape the provisions of employment contracts and additional contracts. The article contains arguments which justify the thesis that mechanism provided in Article 18 para. 2 of the Polish Labour Code may apply only to the provisions of employment contracts. The analyzed mechanism does not include named and unnamed additional contracts concluded by the parties to the employment relationship. However, a specific clause may be classified as a provision of an employment contract based on its content and not on its location. Provisions of employment contracts may be subject to assessment only on the basis of the provisions of the labour law in terms of Article 9 para. 1 of the Labour Code. On the other hand, the principles of community life and the nature of the obligation are not the criteria of evaluation in this case.

Keywords: principle of freedom of contract; principle of privilege of employees; an employment contract; named labour law contracts; unnamed labour law contracts