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Prof. dr hab. Krzysztof Baran
ORCID: 0000-0001-5165-8265

Full Professor and Doctor Habilita­tus of Legal Sciences; Head of the Departament of La­bour Law and Social Policy at the Jagiellonian University; Member of the Scientific Excellence Council (first and second terms); author and editor of numerous scholarly publications in the fields of labour law and social security law, including several dozen monographs, commentaries, and textbooks; Editor-in-Chief of the multi-volume System of Labour Law; Senior Partner at a law firm specializing in labour law.

 
DOI: 10.33226/0032-6186.2026.3.3
JEL: K31

The Act on Collective Labour Agreements and Other Col­lective Labour Arrangements, adopted on 5 November, has, under Article 22, opened a broad procedural avenue for ju­dicial review of the legality of collective labour agreements. This provision establishes two categories of cases aimed at judicial scrutiny of the legality of such agreements: on the one hand, review of their substantive compliance with labour law provisions, and, on the other, review of their conformity with the regulations governing their conclusion. The former thus has a primarily substantive-law character, while the latter concerns matters of an organisational and procedural nature. These cases fall within the jurisdiction of the labour courts and are conducted under non-conten­tious proceedings. Despite certain shortcomings identified in this study, the procedural mechanisms established by the said Act give effect, within the Polish legal system, to the constitutional right of access to a court, thereby promoting the consolidation of the rule of law standards in employ­ment relations shaped by collective regulation.

Keywords: judicial review of collective labour agreements; labour courts; compliance of the content of a collective agreement with labour law provisions; non-contentious proceedings
DOI: 10.33226/0032-6186.2023.10.4
JEL: K31

Article 7555 of the Code of Civil Procedure, which was introduced in June by the Act on bridging pensions, amending certain other Acts, introduces important extensions of the mechanism of protecting the claims of particularly protected employees related to claims for the ineffectiveness of termination or returning the employee to work. Due to its essential importance for the functioning of employment relationship, the new provision requires deeper reflection sine ira et studio in the dogmatic aspect. It is doubtlessly a manifestation of the realisation of the protective function of procedural labour law, whose aim is to strengthen the position of employees who are particularly vulnerable to the termination of employment relationship in the course of long-lasting court proceedings. In the light of this normative regulation, the question arises whether this function has not been unjustifiably and excessively extended and whether its consequences will not result in aspecific employee immunity for certain groups of employees. This might, as a result, disturb the homeostasis between the parties to the employment relationship.

Keywords: Particularly protected employees; securing claims by order to continue employment until the judgment becomes valid; Labour Court
DOI: 10.33226/0032-6186.2022.8.4
JEL: K31

The article discusses draft of the amendment to the Polish Labour Code regarding collective agreements on remote work. The paper discusses the rules for conclusion of the given collective agreements by trade unions and employers. On the theoretical level the author scrutinize its legal consequences for the system of collective employment law.

Keywords: remote work; agreement on remote work; sourcesof labour law
DOI: 10.33226/0032-6186.2022.7.2
JEL: K31

The article is devoted to models of trade union association of officers employed on an administrative basis. This mainly applies to officers of the Police, Border Guard, Prison Service and the Customs and Tax Service. The statutory changes of 2019 introduced mechanisms of qualitative pluralism to the organization of trade unions of these groups of officers.

Keywords: trade unions; union pluralism; officers of the Police