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dr Eliza Maniewska
ORCID: 0000-0002-8101-7351
Dr Eliza Maniewska, Doctor of Law, graduate of the Faculty of Philosophy and the Faculty of Law and Administration at Warsaw University. Since 1998, she has been employed in the Supreme Court, currently 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
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

Dr Eliza Maniewska, Doctor of Law, graduate of the Faculty of Philosophy and the Faculty of Law and Administration at Warsaw University. Since 1998, she has been employed in the Supreme Court, currently 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 12 editions.