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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 Studies and Analysis 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: 10.33226/0032-6186.2020.8.8
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: 10.33226/0032-6186.2020.4.7
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 Studies and Analysis 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 11 editions.