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dr Jakub Szmit
ORCID: 0000-0001-9079-4630
Dr Jakub Szmit, Assistant Professor at the Department of Labour Law of the University of Gdańsk, specializes primarily in issues related to collective labour law, in particular in the field of trade unions, as well as in broadly understood clerical law. Author and co-author of several dozen scientific studies, including monographs and numerous lectures at scientific conferences. Member of the Labour Law Codification Committee in 2016–2018.
DOI: 10.33226/0032-6186.2022.1.4
JEL: K31

The constitution determines the special importance of the civil service for the functioning of the state. More precisely, the legislator defined the goals and tasks of the civil service corps, based on the correct assumption that the quality of the functioning of any organization (including the state) is largely determined by its cadres. Undoubtedly, one of the elements determining their quality are the broadly understood employment conditions, which, on the one hand, may determine the attractiveness of taking up a given job, and, on the other hand, enable employing and retaining the best people. The article focuses on one of the elements of shaping the terms of employment in the civil service, i.e. temporary employment, and the aim is to analyze whether the current statutory provisions effectively implement the assumptions of the constitution.

Keywords: : civil service; fixed term employment; employment contract; appointment; nomination; constitution
DOI: 10.33226/0032-6186.2020.11.2
JEL: K31

The labour market is currently undergoing far-reaching changes in its structure. The trends of moving away from employee employment to other legal bases of performing work are becoming stronger. First of all, statistical data show an increase in the number of civil law contracts and self-employment. This state is definitely different from that which existed when Polish labour law was codified. Therefore, the question should be asked whether constructions that have their roots often back in the 1970s still meet their axiological assumptions. On the example of the analysis of the structure of seniority, how this concept is usually understood under the provisions of labour law and how the seniority affects the situation of employees, one can put forward the thesis that the legislator should begin to react more strongly to the current socioeconomic reality. Alternatively, he should take effective steps to shape it in the desired manner.

Keywords: period of employment; atypical employment; labour law; employment law; discrimination
DOI: 10.33226/0032-6186.2019.11.5
JEL: K31

One of the areas that have changed as a result of the amendment of the Trade Union Act at the beginning of this year is the issue of the employer's obligation to provide certain information to the trade union. Due to the fact that this obligation is an element of the implementation of the constitutional principle of social partners' dialogue, it should be assessed as having significant axiological significance, and at the same time it is impossible not to notice its huge practical significance in order to enable the trade union representation at company level to perform properly. The article presents comments on the overall structure of this obligation, with particular emphasis on the importance of art. 28 of the Trade Union Act, as well as the conclusions and proposal de lege ferenda.

Keywords: trade unions; establishment trade union organization; collective labour law; social dialogue

Dr Jakub Szmit, Assistant Professor at the Department of Labour Law of the University of Gdańsk, specializes primarily in issues related to collective labour law, in particular in the field of trade unions, as well as in broadly understood clerical law. Author and co-author of several dozen scientific studies, including monographs and numerous lectures at scientific conferences. Member of the Labour Law Codification Committee in 2016–2018.