Best prices Special offers for members of the PWE book club The cheapest delivery
Prof. dr hab. Arkadiusz Sobczyk
ORCID: 0000-0002-7735-4603

Professor at the Jagiellonian University, theorist and practitioner of labour law and personal data protection.

 
DOI: 10.33226/0032-6186.2024.10.7
JEL: K31

A literal interpretation of Article 171 of the Labour Code leads to the conclusion that Polish labor law does not always implement the principles of annual rest, guaranteed by paid vacation leave. Meanwhile, the analysis of the purpose of rest, which is to ensure safe work, leads to the conclusion that such an interpretation would violate both the Constitution and EU law. This text presents legal reasoning that opposes such an interpretation.

Keywords: Vacation leave; holiday allowance; life and health protection
DOI: 10.33226/0032-6186.2023.1.5
JEL: K31

Analysis of the most current jurisprudence of Polish Supreme Court in cases concerning prevention of mobbing and discrimination has groundbreaking character. This regards mostly two aspects. First one is clear distinction of unlawful acts (violation of personal rights of the employee) from order to counteract mobbing and discrimination. Abovementioned gives ground for a victim of psychological violence to pursue claims under two different titles. The second is a modern interpretation of the lump-sum compensation provided by the Labor Code. The Court rightly saw it as a compensation as well as a sanction. All this has the effect that, despite the lack of changes in the regulations, the protection of employees' rights has increased significantly.

Keywords: discrimination; mobbing; public tasks; sanction; internal law