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Dr hab. Aneta Giedrewicz-Niewińska
ORCID: 0000-0003-0780-192X

Phd in Law, habilitated Doctor in Legal Science, Associate Professor at the University of Bialystok, Department of Intellectual Property Law, Public Economic Law and Labour Law, Faculty of Law. Deutscher Akademischer Austauschdienst (DAAD) scholarship holder. The areas of her research include employment in public administration, European labour law, employment of EU officials, worker involvement in the management transnational enterprises.

 
DOI: 10.33226/0032-6186.2024.7.4
JEL: J81, K31

The article aims to look at remote work from the employer's perspective. The considerations focus on the essence of remote work and the employer's duties related to its use. These issues raise doubts in practice It also explores the prevalence of this type of work in Poland and the economic, including managerial, consequences of its implementation in organisations. The authors found that regulations have formalised the organisation of the remote work process and the rules governing employee duties, primarily aiming to safeguard the interests of both employers and employees. Analysis of statistical data indicates that in Poland, 4–4.9% of individuals worked from home in the last decade, with a significant increase to, an average of, around 9% during the Covid-19 pandemic. The varied amount of remote work in the PKD 2007 sections resulted mainly from the nature of the work performed and staff shortages. Post-Covid the surveyed employers primarily adopted two different solutions: abandoning remote work and permitting occasional remote work or regulating remote/hybrid work in detail (based on applicable legislation), allowing for monitoring employees' duties. In general, employers were more inclined to adopt hybrid work over exclusively remote work.

Keywords: remote work; hybrid work; employer's duties; work organization; employment relationship; Poland
DOI: 10.33226/0032-6186.2023.3.3
JEL: K31

The Constitution of the Republic of Poland provides for the right to bargain and includes it among the fundamental human rights (freedoms). However, the Constitution of the Republic of Poland does not determine the subjective scope of the right to bargain as this scope is shaped by international standards. It follows from Article 59 (4) of the Constitution of the Republic of Poland, that the right to bargain may be subject only statutory limitations only to the extent permitted by international agreements binding Poland. Meanwhile, the subjective scope of the right to collective bargaining defined in the standards of the International Labour Organization differs from the subjective scope of this right resulting from the opinion of the Court of Justice of the European Union. In this context, the aim of the article to justify the thesis that meeting the requirements of international law is in conflict with EU law.

Keywords: Constitution of the Republic of Poland; collective bargaining; trade union freedoms