Praca i zabezpieczenie społeczne Nr 12/2008
Rok wydania: 2008
Miejsce wydania: Warszawa
Employer' Financial Liability (Liability for Damages) Towards Employee -Part 1
Employer is held financially liable for unlawful and unilateral breach of employment contract and infringement of duty towards Employee. Regulations resolving individual cases of this liability are scattered over different sections of the labour code and they do not constitute a legal institution - Employer' financial liability. In all cases Employer' unlawful behavior, resulting in causing damages in some cases, is a prerequisite of Employer' liability. Compensation - apart from a compensatory function -performs a social function and serves as a penalty affecting property. Because of the fragmentary character of the labour code regulations, the civil code regulations are also applied in this type of liability. First part of the article reviews Employee' financial claims on the grounds of wrongful notice as well as dissolution of employment contract without giving notice. Among other issues, the author presents the theses of Constitutional Tribunal sentence of November 27th , 2007, a breakthrough in the line of the Supreme Court judicature applied so far, concerning admissibility of vindication of claims on the basis of the civil code. This part of the study also includes compensation on the grounds of denying Employee a due reference on time.
Studia i opracowania
Wojciech Muszalski Factors of the Labour Law Limiting Employment - a Debatable Problem
Increasing employment constitutes a basis for economic and social growth. Labour law regulations may however limit this growth. This article enumerates examples of such regulations and conducts their analysis.
Wykładnia i praktyka
Consequences of Detention Awaiting Trial and Suspension of an Employee (on Official) for an Employment Relationship
The article focuses on the impact of the preventive measures such as detention awaiting trial and suspension of an employee for the employment relationship. The author particularly analyses problems connected with the employment relationship based on the act of appointment. The article deals especially with the issue of suspension of an employee by the court or the prosecutor when a public sector employee is treated as a suspected person. The question at issue is the admissibility of application the regulations regarding legal consequences of suspension of an employee imposed both ex lege and by the employer in case of initiation of disciplinary procedure or criminal action against the employee.
Difficulties Connected With Setting Up Employers' Councils
Changes in the law concerning setting up and acting employers'councils in economic entities, introduced lately by parliament are estimated positively by the author of the article. But most firms don' want to put these regulation in the law. Mostly it is due to fear of the enterprises' managers - they are afraid that the new regulations may be obstacles to run a firm effectively. Such the opinion isn't correct and is followed by lack of knowledge about the rules. That's why it is so important to discuss that problem to eliminate false opinions of managers in that subject. According to the author employees' organizations have much to do in the subject. As many examples show, employers' councils usually lead into increasing effectiveness of running bussiness. What is worth noticing, employers themselves are not interested in setting up employers' councils, either. Partly it is caused by negative attidutes of trade unions which are afraid of loosing their position. Maybe granting competences of employers' councils to trade unions would be the solution, which is worth considering. Public institutions (especially Public Inspection of Labour) should play an active role in the process of setting up employers' councils. What is important to add, the role of Public Inspection of Labour shouldn't be limited to putting punishment for these employees who make activities of employers' councils difficult. This institution should also cooperate actively both with employees and employers in activities aiming at forming of the councils.
Z orzecznictwa Trybunału Sprawiedliwości Wspólnot Europejskich
The Review of the Labour Law Jurisdiction in the 2008
Z orzecznictwa Sądu Najwyższego
The Court Costs in Labour and Social Security Cases
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