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Dr Joanna May
ORCID: 0000-0001-8660-0784

Assistant Professor in the Chair of Civil Law and Civil Proceedings Law of Faculty Law and Administration of Nicolaus Copernicus University in Toruń, Legal Counsel. Author of publications on substantive and procedural civil law, including recognition and enforcement proceedings, and also in the area of labor and social security law and public procurement law.

DOI: 10.33226/0032-6186.2023.9.6
JEL: K31

Amendments introduced by the Act of May 16, 2019 added four new provisions to the Code of Civil Procedure (Art. 4771a, Art. 4771b, 69110 and Art. 69111 of the Code of Civil Procedure), thanks to which it is permissible for an employee to pursue a claim for obtaining an employment certificate or its correction both in civil process or non-litigious proceedings. These changes have not only placed the employee's claim in a clear, normative basis but also made legal protection more effective. The author discusses in detail the pursuit of a claim for obliging the employer to issue a work certificate in a civil lawsuit. It also introduces a new, previously unknown to the procedural law, issue of determining the right to receive a work certificate in non-litigious proceedings. In the article, she also assesses the legal nature of the judgment, which, after its validation, replaces the employment certificate.

Keywords: an employment certificate; obtaining a work certificate; an action for an employment certificate; a judgment replacing an employment certificate; a claim to obtain an employment certificate; a provision replacing an employment certificate
DOI: 10.33226/0032-6186.2021.3.7
JEL: K15, K23

The Author discusses the judgment of Court of Appeal in Łódź, in which the Court interpreted "cessation of an agricultural activity" as one of the conditions of granting the right to an earlier agricultural retirement. This judgment is of particular importance due to the lack of a legal definition of this concept. In the Act on farmers' social insurance, the concept of "cessation of an agricultural activity" is explained in art. 28 section 4 for the purpose of partial suspension of an agricultural pension or disability pension, but not the right to this benefit. For this reason, according to the Author, the opinion of the Court of Appeal that the condition of granting the right to an early retirement is fulfilled when a farmer indeed ceased to conduct agricultural activity, deserves to be approved.

Keywords: social insurance for farmers; cessation of an agricultural activity
DOI: 10.33226/0032-6186.2020.3.5
JEL: K31, (artykuł w języku angielskim)

The article is devoted to the presentation of changes made by the Act of July 4, 2019 and the Act of
May 16, 2019 amending the Act — Labour Code and some other acts, but only to the extent that
affects the current shape of separate proceedings in the matters of labour law. The two cited acts
include changes that have a breakthrough significance from the point of view of applying the law,
those of terminological character as well as technical and organizational ones, aimed at removing
current ambiguities that can be considered as ordering. The order of the changes adopted by the
author determines the stages of proceedings in the matters related to labour law. The article
essentially focuses on presenting the most important changes in the Code of Civil Procedure, but the
author does not avoid their assessment.

Keywords: proceedings in matters of labour law; separate proceedings; civil proceedings; obligatory response to a lawsuit; preparatory proceedings; abuse of procedural law