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Dr Kinga Moras-Olaś
ORCID: 0000-0002-8510-8867

Dr Kinga Moras-Olaś, Doctor of Law. Member of the Cracow Bar Association of Attorneys-at-Law. A graduate of the Faculty of Law and Administration of the Jagiellonian University. Scholarship holder at Johannes Kepler Universität Linz (Austria). Graduated from the Austrian Law Programme of the Jagiellonian University and the Vienna University.

 

 
DOI: 10.33226/0032-6186.2022.8.5
JEL: K31

The government draft of the act amending the Labour Code and other acts on, among others, the introduction of remote work institution to the Labour Code, published on the Sejm's website due to the ongoing parliamentary work, provides for the possibility of performing remote work occasionally (occasional remote work). This form of work is to be allowed for 24 days in a calendar year. The proposed regulation does not directly refer to the situation of a part-time employee or employee who commences work during the year. As a consequence, the question arises whether the scope of this right is proportionally reduced. In addition, since this is an annual right related to the employee, should the information on the number of days worked in this form be reflected in the employment certificate in the event of termination of the employment relationship? The analysis carried out in the article allows for the conclusion that the principle of proportionality should be applied in both of the indicated cases, and the employer should indicate in the work certificate the number of days of occasional remote work.

Keywords: occasional remote work; pro rata temporis; the principle of proportion
DOI: 10.33226/0032-6186.2022.5.4
JEL: K31

The another amendment to the labour code is planned, including in the field of fixed-term employment contracts. According to the assumptions of the draft, the termination of such a contract will require a justification, union consultation, and the employee will be able to demand reinstatement. The purpose of this article is to evaluate the proposed changes in terms of their system coherence, including EU law, and in relation to the essence of a fixed-term employment contract. The existing regulation is unsatisfactory. The proposed solutions should be considered correct, however, they do not exhaust an essential aspect related to the essence of the agreements in question — their stability. The regulation that existed before the 2015 amendment, allowing the termination of a fixed-term employment contract only if there is a relevant provision in the contract, was appropriate in this respect, therefore it is changes proposed in the draft.

Keywords: fixed-term employment contract; termination of a fixed-term employment contract