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dr Eliza Maniewska
ORCID: 0000-0002-8101-7351
Doctor of Law, graduate of the Faculty of Philosophy and the Faculty of Law and Administration at Warsaw University. In the years 1998-2023, she was employed in the Supreme Court, lately as a member of the Supreme Court Research and Analyses Office. In 2007 she passed the judicial exam with a very good result; entered on the list of legal advisers. From 2018, a lecturer at the Faculty of Law and Administration of the University of Warsaw in the Department of Labour Law and Social Policy.
DOI: 10.33226/0032-6186.2024.1.8
JEL: K31

The author presents the latest judgment of the Supreme Court, determining the incompatibility of Art. 183(2) Polish Labour Code with EU law, to the extent that this provision provided for the possibility to admit an employee returning from leave related to parenting to work not only to the previous or equivalent work position, but also to the position only corresponding to his or her professional qualifications. This provision was repealed on April 26, 2023, but the effects of non compliance of Art. 183(2) Polish Labour Code with EU law open up a number of claims that can also be pursued under the current legal status. These include, among others, a claim for compensation for discrimination.

Keywords: discrimination on the grounds of parenthood; leave related to parenting; admission to work; work position; employee discrimination
DOI: 10.33226/0032-6186.2023.12.8
JEL: K31

The author presents the jurisprudence of the Supreme Court – Chamber of Labor and Social Insurance regarding the issue of determining the moment of submitting a declaration of will to its addressee. It indicates a significant change in the Court's position in this respect in relation to declarations of will made in writing and delivered to their addressees by post. According to the latest judicature on this issue, the delivery of a letter containing a declaration of will meets the requirements of Art. 61 § 1 k.c. no later than the day following the notification, because in typical cases, notification of the shipment gives the addressee a real opportunity to become acquainted with the declaration of will.

Keywords: delivery; declaration of will
DOI: 10.33226/0032-6186.2023.11.8
JEL: K31

The author presents the jurisprudence problems related to the introduction to the polish law system of the socalled "ustawa dezubekizacyjna". Pursuant to this law, the period of service for a totalitarian state by an official cannot be counted when determining the basis for the calculation of his old-age; additionally, the amount of the benefit may not exceed the level specified in the Act. The study presents judicature of the Supreme Court in the subject scope, clearly indicating that in cases relating to the reduction of benefits under the aforementioned Act, there is a need to apply the socalled scattered control of the constitutionality of statutes, i.e. independent adjudication by courts on the non-compliance of an act with the Constitution. The Supreme Court took the position that the mechanism of reducing the old-pension amount to the level of the average pension payable in the general social insurance system (Article 15c(3) of the Act) is incompatible with the Constitution of the Republic of Poland for officers who successfully passed verification in 1990 and served free Poland in the following years, when the amount of this benefit "above" this indicator was determined in relation to the period of service after 1990. Keywords Constitution of the Republic of Poland, direct application of the Constitution, pension protection system for officers, principle of proportionality

Keywords:
DOI: 10.33226/0032-6186.2023.10.9
JEL: K31

The study presents the statement of the Supreme Court regarding the employer's freedom to create and to liquidate particular work positions. The main lines of jurisprudence that have developed in this area over the years have been highlighted. Against this background, the author presented the latest judgment of the Supreme Court, in which it was decided that the liquidation of a work position after a court decision reinstating the employee in that position cannot be considered a real reason justifying employer's notice of the employment contract for an indefinite period (Article 45 § 1 of the Labor Code).

Keywords: work position – liquidation; reinstatement; notice of employment contract – reason
DOI: 10.33226/0032-6186.2023.9.8
JEL: K31

The study presents the position of the Supreme Court's jurisprudence regarding the grounds for awarding compensation instead of demanded in the lawsuit reinstatement due to defective termination of an employment contract by the employer, with particular emphasis on determining the conflict of the dismissed employee with the management of the workplace or with co-workers.

Keywords: claims for defective termination of the employment contract by the employer; binding the court with a demand of a lawsuit
DOI: 10.33226/0032-6186.2023.8.9
JEL: K31

The study discusses the position of the Supreme Court, which is important for practice, regarding the exemption from compulsory social insurance for a period of 6 months from the date of commencement of business activity. The Supreme Court clarified the rules for calculating the period of 60 months referred to in Art. 18 sec. 1 Entrepreneurs Act.

Keywords: social insurance obligation – rules of coverage; ways to calculate deadlines
DOI: 10.33226/0032-6186.2023.7.9
JEL: K31

The author presents the position of the Supreme Court regarding the content of the clause of abuse of the subjective right (Article 8 of the Labor Code) in the context of the principle of "clean hands". According to this principle, anyone who violates the principles of social coexistence himself cannot enjoy protection against abuse of the law by the other party. The study presents in more detail one of the last judgments of the Supreme Court, which concerns more complex situations in which violation of the principles of social coexistence was committed by both parties to the legal relationship.

Keywords: abuse of subjective right clause; the "clean hands" principle
DOI: 10.33226/0032-6186.2023.6.8
JEL: K31

The study discusses the judgment of the Supreme Court assessing the correctness of the proceedings of the pension authorities suspending the payment of social pensions to persons who received this benefit in respect a certificate of moderate or severe disability, and not in respect a certificate of total incapacity for work. This judgment is extremely important for a wide range of people affected by disabilities also because it touches on the sensitive issue, how courts process cases in a situation where a disabled person seeking judicial protection is clumsy due to a disability resulting from mental retardation.

Keywords: social pension; certificate of disability; inability to work; violation of the body's fitness; civil procedure – instruction of the party by the court
DOI: 10.33226/0032-6186.2023.5.8
JEL: K31

The author presents the previous jurisprudence of the Supreme Court regarding the issue of including periods of work in a Member State of the European Union as a period of work in special conditions or of a special nature for the purpose of acquiring the right to bridging old-age pension under the provisions of national (Polish) law. She presents the last judgment of the Supreme Court, in which the previous interpretation of the law in this regard was abandoned. In the judgment was assumed, that the lack of a pension system in another Member State equalizing the legal situation of a person performing work in special conditions and granting special pension rights on this account is not an obstacle in qualifying work performed abroad as work in special conditions. Therefore, if the period of work abroad in a Member State of the European Union meets the conditions set out in Annex 1 to the Act on the Bridging old-age Pension, it is included in the period of work in special conditions referred to in Art. 4 point 6 of the Act.

Keywords: coordination of social security systems; bridging old-age pension
DOI: 10.33226/0032-6186.2023.4.8
JEL: K31

The study collects and organizes problematic issues related to the definition of mobbing adopted in Polish labor law (Article 94(3) of the Labour Code). The author describes the behaviors and effects of those behaviors that bear the features of mobbing against the background of the judicature of the Supreme Court, including in the judgment, in which it was clearly emphasized that the employer is responsible for the effects of mobbing also when its perpetrator acted unintentionally and his responsibility for the actions of the mobber, which is another employee is also conditioned by incurring personal risk, which includes, among others, responsibility for the effects of actions taken by individual employees (especially in managerial positions).

Keywords: mobbing; employer's obligations; employer's personal risk
DOI: 10.33226/0032-6186.2023.3.8
JEL: K31

The author extensively presents the judgment, which in her opinion, may turn out to be the so-called milestone in the jurisprudence of the Supreme Court. Although its actual basis concerns a detailed issue related to the search for an appropriate indicator to calculate the value of the equivalent for an officer's unused annual leave, in view of the argumentation adopted in its justification, how and on what basis the gap in the law should be filled in, it may contribute to strengthen this line of argumentation in the legal discourse on the subjective scope of Art. 66 sec. 2 of the Constitution of the Republic of Poland, in which it is postulated that the social standard set out in this provision should be extended to all contractors, and not only those who are in labour employment relationships.

Keywords: analogy in law; gap in the law (structural gap); the right to annual leave; equivalent for unused holiday leave; personal scope of Directive 2003/88/EC; personal scope of Art. 66 (2) of the Constitution of the Republic of Poland; personal scope of Art. 31 (2) of the Charter of Fundamental Rights
DOI: 10.33226/0032-6186.2023.1.8
JEL: K31

As the analysis of case law shows, in practice there are situations (by no means as rare as it might seem) in which an employee was unlawfully dismissed with immediate effect during the course of the earlier employer's notice, which also violated the law. At the time the problem of the concurrence of claims for damages under both titles is updated. It would seem that this issue has been settled in the jurisprudence, but in the author's opinion, it should be looked at from a new perspective due to the argumentation contained in the judgment of the Supreme Court of June 21, 2022, II PSKP 106/ 21, regarding the function of responsibility compensation of the employer for defective notice and termination of the employment contract.

Keywords: termination of employment contract with notice; termination of the employment contract without a position; termination of the employment contract by agreement of the parties; the employer's liability for suspending the termination of the employment relationship
DOI: 10.33226/0032-6186.2023.1.8
JEL: K31

Abstract The author presents the jurisprudence of the Supreme Court focused on the issue of maintaining the standard of of proper composition of the court in cases covered by civil procedure, when a person, wchich participates in the composition was appointed to the office of judge at the request of the National Council of the Judiciary formed in the procedure specified in the Act of 2017 amending the Act on the National Council of the Judiciary and other acts. She discusses in more detail the latest judgment in this field passed in the Labor and Social Security Law Chamber of the Supreme Court.

Keywords: the invalidity of the proceedings; the composition of the court; right to a fair trial
DOI: 10.33226/0032-6186.2022.12.8
JEL: K31

The author refers to the jurisprudence of the Supreme Court focused on the issue of infringement of the employee's personal rights as part of the periodic assessment carried out by the employer. She discusses the latest judicate in this field regarding the periodic assessment of academic teacher in more detail.

Keywords: personal rights; employee's personal rights; periodic assessment; academic teacher
DOI: 10.33226/0032-6186.2022.11.8
JEL: K31

Often the implementation of the order to strictly interpret the provisions of social insurance law in the judicial process of applying the law (justice in these cases) encounters a number of difficulties. The study illustrates these difficulties on the example of the decisions of two resolutions of the enlarged composition of the Supreme Court in social insurance matters, breaking the existing established jurisprudence of this Court.

Keywords: right to a retirement pension; bridging pension; retirement seniority
DOI: 10.33226/0032-6186.2022.10.8
JEL: K31

The author presents the jurisprudence of the Supreme Court linked to the concept of a cause unrelated to an employee within the meaning of the Act on collective redundancies and the related right to severance pay under Art. 8 of this act. She does so against the background of the latest judgment of the Supreme Court in this respect, in which the Court directly indicated for the first time, that not every situation of improper performance of duties by an employee may be classified as a cause not related to the employee and that unilateral termination of the contract with notice by an employee does not exclude his / her acquisition of the right to the severance pay provided for in this Act.

Keywords: reason for termination of employment not related to the employee; severance pay under the act on collective redundancies
DOI: 10.33226/0032-6186.2022.9.9
JEL: K31

The author presents the jurisprudence of the Supreme Court on the admissibility and conditions of non-competition after termination of employment under a mandate contract or services contract, to which the provisions on mandate apply. She presents in detail the latest judicature of the Supreme Court relating to including the compensation in this respect in the calculation base for social security and health insurance contributions.

Keywords: services contract under the terms of the mandate; non-competition clause; non-competition compensation; basis for calculating social and health insurance contributions
DOI: 10.33226/0032-6186.2022.8.9
JEL: K31

Recently, the problem of legal conditions of testing the sobriety of drivers employed in public transport has become more important in Poland. The author presents the most recent significant judgment of the Supreme Court on the issue of introducing by employers an internal preventive procedure for examining employed drivers in terms of being under the influence of alcohol before starting work. The Supreme Court discusses the relation of this type of procedure to the relevant act provisions and the consequences of the employee's refusal to submit to it.

Keywords: occupational health and safety; basic duties of the employee; employee sobriety examining; termination of the employment contract without notice due to the fault of the employee
DOI: 10.33226/0032-6186.2022.7.9
JEL: K31

The author presents the jurisprudence problems related to the introduction to the polish law system of the so-called ustawa dezubekizacyjna". Pursuant to this law, the period of service for a totalitarian state by an official cannot be counted when determining the basis for the calculation of his old-age or survivor's pension. The study presents the most recent judicature of the Supreme Court in the subject scope, clearly indicating that in cases relating to the reduction of benefits under the aforementioned Act, there is a need to apply the socalled scattered control of the constitutionality of statutes, i.e. independent adjudication by courts on the non-compliance of an act with the Constitution.

Keywords: Constitution of the Republic of Poland; direct application of the Constitution; protection of acquired rights; Convention for the Protection of Human Rights and Fundamental Freedoms; human rights; pension protection system for officers
DOI: 10.33226/0032-6186.2022.6.7
JEL: K31

The author discusses the resolution of the Supreme Court provoked by the discrepancy of jurisprudence regarding the assessment of the legal consequences of paying the contribution for voluntary sickness insurance for a person who conducts non-agricultural business in an incomplete amount (in the amount lower than due) — resolution of the panel of seven judges of the Supreme Court of February 10, 2022, III UZP 10/21.

Keywords: voluntary sickness insurance; due contribution (for social insurance); termination of social insurance; a person conducting a non-agricultural business
DOI: 10.33226/0032-6186.2022.5.8
JEL: K31

The author presents the latest judicature of the Supreme Court relating to the issue of convergence of employee's claims due to mobbing and termination of an employment contract without notice due to a serious breach by the employer of basic obligations towards the employee (Article 55 para. 11 of the Labour Code and Article 943 para. 4 of the Labour Code). The judgment additionally explains the legal nature of the compensations provided for in the aforementioned provisions.

Keywords: convergence of claims; mobbing — claims; termination of the employment contract without notice by the employee where employer has committed a grave violation of its basic obligations towards the employee
DOI: 10.33226/0032-6186.2022.4.7
JEL: K31

The author presents the case law of the Supreme Court relating to the cataloging of situations in which the severance pay provided for in Article 8 of the Act on collective redundancies, paid to the dismissed employee becomes an undue benefit. She puts special attention to the statements of the Supreme Court relating to individual dismissals under the Act (Article 10 of the Act of March 13, 2003).

Keywords: dismissal for reasons not related to the employee; severance pay for collective redundancies; undue benefit
DOI: 10.33226/0032-6186.2022.2.7
JEL: K31

The author presents the latest cese-law of the Supreme Court regarding the suspension and termination of a collective bargaining agreement. She indicates the rules on which these events affect the situation of people who are not employees, but were covered by the provisions of the agreement (e.g. retirees and pensioners).

Keywords: collective bargaining agreement
DOI: 10.33226/0032-6186.2022.2.8
JEL: K31

The author presents the evolution of the jurisprudence of the Supreme Court in relation to the pursuit of supplementary compensation claims by an employee based on the provisions of the Civil Code in the event of termination of an employment contract with or without notice. Against the background of the discrepancies noticed in it, she presents the latest position of the Supreme Court in this regard, regarding the termination of the contract with notice.

Keywords: ex delicto liability; termination of the employment contract by the employer — claims; application of the provisions of the Civil Code to employment relationship
DOI: 10.33226/0032-6186.2022.1.6
JEL: K31

The author presents the position of the Supreme Court referring to the significant, from the point of view of practice, problem related to establishing the normative effects of "expiration of validity of the medical certificate" in connection with the fact that the insured prevented examination of the correctness of the certificate of incapacity for work due to illness by a certifying doctor of the Social Insurance Institution (SII), and what hence by, with the range assessment correctness of the SII's decision on the lack of the right to sickness allowance by the court.

Keywords: : sickness allowance; incapacity for work due to illness; medical certificate; proceedings of the social insurance authority — evidence
DOI: 10.33226/0032-6186.2021.12.6
JEL: K31

The author of the article presents the latest jurisprudence of the Supreme Court relating to the premises for losing entitlement to sickness allowance. She points out that the Supreme Court, seeing the need for a pro-constitutional interpretation of Article 17 sec. 1 and Article 13 sec. 1 of sickness and maternity allowance Act, significantly liberalizes the position adopted so far.

Keywords: sickness allowance; losing entitlement to social security benefits; entitlement to social security in the event of incapacity for work; social rights; pro-constitutional interpretation of statutes; Constitution of the Republic of Poland
DOI: 10.33226/0032-6186.2021.11.8
JEL: K31

The author presents the jurisprudence of the Supreme Court regarding the interpretation of Article 8(2a) of the Act of 13 October 1998 on the social insurance system to the extent that this provision applies to insured persons who, under a civil law contract, perform work for an employer with whom they have an employment relationship. It also points to the latest judicature of the Supreme Court, which upheld the position on the need for an extensive interpretation of the phrase "work for the benefit of the employer".

Keywords: civil law contracts for the provision of work; the concept of an employee for social security purposes; types of insured
DOI: 10.33226/0032-6186.2021.10.7
JEL: K31

The author presents another ruling of the Supreme Court, which on the basis of the relevant jurisprudence of the Court of Justice of the European Union refers to the issue of the autonomy of parental rights of fathers raising a child — their independence from the employment or social security status of the child's mother.

Keywords: : maternity leave; parental leave; the subjective scope of the right to leave related to parentage; parental rights of employees — fathers raising a child; gender discrimination; Jonkmann rule
DOI: 10.33226/0032-6186.2021.9.2
JEL: K31

The author puts forward that the pursuit of equality, which is a general determinant of the contemporary shaping of social relations, has always constituted one of the main, and perhaps the most significant reason for the existence and development of labour law as a separate branch of law, and for its expansion. She points out that in the early days of labour law, the legal institutions forming the core of this field on the basis of civil law, in addition to ensuring safe and healthy working conditions, were aimed at removing the discrepancy (dissonance) between equality in the formal sense (equivalence) and inequality in the material sense of the subjects of legal relations in connection with the performance of subordinate work. Their sense boils down to the restriction of the principle of freedom of contract, so that "negotiation" of employment conditions can only take place above (not below) the standard set by the labour law. The author also stresses that in the last decades of the twentieth century, however, the equality aspect of labour law moved into a second phase. A feature of this phase is the accentuation of the need not only to level the privilege of the employer over the employee as the stronger party of the employment relationship, but also to remove inequalities between the employees themselves in matters related to the employment relationship resulting from different treatment by the employer of the individual persons employed by him or her. The "levelling" restriction of the principle of freedom of contract nowadays no longer involves only the prohibition of employers to emploi workers below the standards set by semi-imperative norms of labour law, but also entails the prohibition to apply different standards of employment to some workers than to others without a legitimate reason. According to the author, the equality aspect is also the flywheel of the formation of a new field of law, which we call employment law, whose subject matter is generally understood to be the regulation of social relations involving the provision of non-subordinate work. However, the essence of employment law, at least in its current, initial (germinating) form, is largely based on the uniformization (equalization) of certain elements of the protection of persons providing work on bases other than employment relationships with the protection standards inherent to labour law.

Keywords: labour law; equality
DOI: 10.33226/0032-6186.2021.9.8
JEL: K31

The author presents the jurisprudence of the Supreme Court regarding the principles of representation of a capital company when concluding an employment contract including other contract with a management board member, under which a work is to be provided by a management 

Keywords: capital company; member of the management board of a capital company; management contract; representation of a capital company
DOI: 10.33226/0032-6186.2021.8.7
JEL: K31

The author presents selected, most important findings of the Supreme Court's jurisprudence relating to the claim for remuneration for the period of unemployment related to the employee's reinstatement (Articles 47 and 57 of the Polish Labour Code). She focuses not only on substantive issues, but also on procedural issues.

Keywords: remuneration for work; remuneration following reinstatement; protection of remuneration for work; reinstatement; claiming remuneration following reinstatement
DOI: 10.33226/0032-6186.2021.7.6
JEL: K31

The author presents the latest judgment of the Supreme Court, which, in a way that has not yet been mentioned in the judicature, presents the relationship between the employment contract and the remuneration regulations in the context of the assessment of the privilege of their provisions.

Keywords: favourability principle; employment contract; remuneration regulations
DOI: 10.33226/0032-6186.2021.6.8
JEL: K32

The author presents the conclusions that arise from the case law of the Polish Supreme Court in relation to the modification of protection specially protected employees in situations covered by the provisions of the Act on collective redundancies. In particular, it concerns the division of these employees into different categories and the possibility of applying to them notice to change the terms of work and pay.

Keywords: notice of employment contract for reasons not related to the employee; specially protected employee; notice to change the terms of work and pay
DOI: 10.33226/0032-6186.2021.5.8
JEL: K31

The study presents the latest ruling of the Supreme Court (judgment of 5 November 2020, II UK 33/19) regarding the issue of employment as employees of partners in limited liability companies and the consequences of this in the field of social insurance.

Keywords: limited liability company; shareholder of a limited liability company; coverage by compulsory social insurance — title; employment relationship of a partner in a limited liability company
DOI: 10.33226/0032-6186.2021.4.9
JEL: K31

The author presents the latest judgment of the Supreme Court on the issue of the form of declarations of will (knowledge) in labour law, in which the Supreme Court referred for the first time directly to the possibility of applying the documentary form to the statements of the parties to the employment relationship (Civil Code Article 772).

Keywords: form of legal acts; documentary form; labour code — form of legal acts; labour code — form of declarations of intent; labour code — form of knowledge statements
DOI: 10.33226/0032-6186.2021.3.8
JEL: K31

The study discusses the judgment of the Supreme Court on requirements (periods) entitling to obtain the right to a military old age pension in the context of an offense crime by the entitled person during service. It is problematic to include this period in this internship. This issue was related to the issue of leading principles (methods) for the interpretation of social insurance law.

Keywords: military old age pension; police old age pension; social security law — interpretation
DOI: 10.33226/0032-6186.2021.2.8
JEL: K31

The study discusses the jurisprudence of the Supreme Court regarding the possibility of an employer challenging the rights of trade unions operating at his establishment.

Keywords: enterprise trade union organization; inter-enterprise trade union organization; autonomy of trade unions; declaratory action (legal interest)
DOI: 10.33226/0032-6186.2021.1.8
JEL: K31

The study discusses the position of the Supreme Court with regard to the interpretation of Article 5a of the Farmers' Social Insurance Act, taking into account the need to deviate from the rigor of linguistic interpretation in favor of an interpretation that takes into account the principle of proportionality, protection of the individual's trust in the state and the law it enacts, and the state's loyalty to citizens.

Keywords: farmers' social insurance; overlapping titles for insurance coverage; revocation of the final decision of the social security authority; information obligations of the social security authority towards the insured; constitutional argumentation in the jurisprudence of courts
DOI: 10.33226/0032-6186.2020.12.9
JEL: K31

The subject of the study is the jurisprudence of the Supreme Court linted to the nature of legal norms regulating working time limits for disabled people.

Keywords: disabled person; working time; working time standards
DOI: 10.33226/0032-6186.2020.11.7
JEL: K31

Reorganization in the public sector has long been accompanied by the institution of the ex lege expiration of labour relations of its employees. It was the subject of analyzes not only of the doctrine of labour law, but also of judicial decisions, including the jurisprudence of the Polish Constitutional Tribunal. Recently, the legislator uses this institution particularly often. At the same time, it is accompanied by such a way of using it in practice, which raises doubts from the point of view of maintaining standards in force in labor law with regard to the durability of the employment relationship and the prohibition of arbitrary selection of employees for dismissal. This study is devoted to the case law of the Polish Supreme Court dedicated to this issue.

Keywords: : expiry of the employment relationship ex lege; employment in public administration; termination of employment contracts for reasons not related to employees
DOI: 10.33226/0032-6186.2020.11.4
JEL: K31

The author analisis the problem of the scope of the labour inspector's legal procedure's standing to bring lawsuit for determination — Article 631 of Polish Civil Procedure Code, which problem is disputed both in literature and in practice. She presents extensive arguments in support of the thesis, that the labour inspector is not entitled to bring actions for determining the content of the employment relationship or law-establishing facts related to this relationship. The author focuses mainly on demonstrating the lack of a legal interest of the inspector in such a determination, assuming that demonstrating a legal interest is a premise of any action for determination (Article 189 of Polish Civil Procedure Code).

Keywords: action for determination; legal interest; law power to bringing action; employment relationship; content of the employment relationship; National Labour Inspectorate — tasks; National Labour Inspectorate — powers
DOI: 10.33226/0032-6186.2020.10.8
JEL: K31

The author presents the jurisprudence of the Supreme Court in relation to the issue of the right of an employee with whom the employment relationship was terminated without notice without his fault to re-employment with the same employer.

Keywords: a claim to establish an employment relationship; termination of the employment relationship without notice through no fault of the employee
DOI: 10.33226/0032-6186.2020.9.3
JEL: K31

The article concerns the first instance court's possibility - introduced from the November 7, 2019 - to impose on the employer in the judgment reinstatementing an employee to work, the obligation to continue to emploi an employee until the final termination of the proceedings on employee's request (Article 4772 para. 2 of the C.C.P.). Imposing this obligation is called by the authors "temporary reinstatement". The effect of temporary reinstatement to work is the rising again of the employment relationship with the same content as before its termination by the employer. The employment relationship thus created ceases expires in the moment of the final completion of the proceedings regarding the employee's claim for reinstatement to work or as a result of legal events provided for in the Labor Code. The authors approve this regulation and analyze the resulting legal problems and postulate the most frequent use of temporary reinstatement of employees by the courts as often as possible.

Keywords: : employment relationship; termination of the employment contract; reinstatement of the employee to work; temporary reinstatement of the employee to work; execution of the temporary reinstatementing the employee to work judgment
DOI: 10.33226/0032-6186.2020.9.8
JEL: K31

The author presents the jurisprudence of the Supreme Court on the issue of terminating the non-competition agreement after termination of the employment relationship before the date for which it was concluded. Particular attention is paid to the judgment of February 20, 2020, in which the Supreme Court allowed the conclusion of this agreement on suspensive condition.

Keywords: non-competition clause; conditio; conclusion of the Contract
DOI: 10.33226/0032-6186.2020.8.8
JEL: K31

The author discusses the jurisprudence of the Supreme Court regarding the change of the demand from reinstatement to work to compensation and vice versa, with particular emphasis on the judgment of February 11, 2020, I PK 243/18.

Keywords: alternative claims; claims conversion; a claim for reinstatement; a claim for damages for unlawful termination of employment
DOI: 10.33226/0032-6186.2020.7.8
JEL: K31

The author presents the jurisprudence of the Supreme Court with regard to the issue of formal defectiveness of termination of an employment contract with notice or its termination without notice by the employee.

Keywords: termination of the employment contract with notice by the employee; termination of the employment contract without notice by the employee
DOI: 10.33226/0032-6186.2020.6.8
JEL: K31

The author describes a judgment of the Supreme Court related to legal basis of medical rescuer's employment, which indicating the performing of this job should be based on the employment relationship because of his nature.

 

Keywords: medical rescuer; employment relationship — the nature of
DOI: 10.33226/0032-6186.2020.4.7
JEL: K31

The author presents the latest view of the Polish Supreme Court with regard to being subject to compulsory social insurance by a person who, being completely incapacitated, is employed under the conditions set out  in Article 22 § 1 of the Labour Code.

Keywords: employee; fully incapacitated person; employee social security title
DOI: 10.33226/0032-6186.2020.3.7
JEL: K31

The author reports the case law of the Supreme Court regarding the problem which of the ways to
terminate the employment relationship should be classified as a dismissal within the meaning of art.
1 of the Act on group redundancies, and as a consequence, how to correctly calculate the number of
employees covered by redundancies in order to determine whether the redundancies are of a group
nature and it is necessary to apply the procedure regulated in art. 2–4 of the Act. In this context, it
focuses on the termination of the employment relationship after the notice to change terms of work
and pay.

Keywords: collective redundancies; termination of working terms and pay
DOI: 10.33226/0032-6186.2020.2.7
JEL: K31

The author refers broadly to the case-law, including the latest judicature of the Polish Supreme Court regarding the interpretation of the term 'basic employee duty' within the meaning of Article 52 para. 1 point 1 of the Labour Code.

Keywords: obowiązki pracownika; rozwiązanie stosunku pracy bez wypowiedzenia
DOI: 10.33226/0032-6186.2020.1.7
JEL: K31

The author refers to the latest decision of the Supreme Court (judgment in case I UK 194/128), in which the Court emphasized the legitimacy of the position according to which the subject of social insurance due to employment in Poland of citizens of countries from outside the EU is not determined by the nature of the document authorizing Poland but the fact of permanent residence on the territory of the Republic of Poland.

Keywords: social security for foreigners
DOI: 10.33226/0032-6186.2019.12.8
JEL: K31

On February 22, 2016, the institution of exemption from the duty to perform work during the notice period was introduced into the universal labour law. The author presents the first judgment of the Supreme Court, which more broadly referred to this regulation.

Keywords: labour law acts; notice period
DOI: 10.33226/0032-6186.2019.11.8
JEL: K31

Autorka referuje najnowszy judykat Sądu Najwyższego (wyrok w sprawie III PK 50/18), w którym po części zakwestionowano prawidłowość poglądów przyjmowanych w dotychczasowym orzecznictwie odnośnie do relacji między zasadą równego traktowania i zasadą niedyskryminacji pracowników oraz podstaw prawnych i charakteru prawnego odszkodowania z tytułu ich naruszenia.

Keywords: zasada równego traktowania pracowników; zasada niedyskryminacji pracowników
DOI: 10.33226/0032-6186.2019.10.8
JEL: K31

The author reports the case-law of the Supreme Court regarding the issue of remuneration of overtime work in the case of shortening working time below the standards set out in art. 129 § 1 of Labour Code and towards part-time employees.

Keywords: working time standard; allowance for overtime work

Doctor of Law, graduate of the Faculty of Philosophy and the Faculty of Law and Administration at Warsaw University. In the years 1998-2023, she was employed in the Supreme Court, lately as a member of the Supreme Court Research and Analyses Office. In 2007 she passed the judicial exam with a very good result; entered on the list of legal advisers. From 2018, a lecturer at the Faculty of Law and Administration of the University of Warsaw in the Department of Labour Law and Social Policy. Author of many publications in the field of labour law and constitutional law. Co-author – together with SSN Kazimierz Jaśkowski (currently retired) – Commentary on the Labour Code, which has 13 editions.