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Prof. dr hab. Leszek Mitrus
ORCID: 0000-0002-1308-7358
Prof. dr hab. Leszek Mitrus, Professor at the Chair of Labour Law and Social Policy at the Faculty of Law and Administration of the Jagiellonian University. The author of more than 120 publications on Polish and European labour law and social security law, i.a. he is the author of the monograph on termination with notice of an employment contract due to reasons concerning an employee, and coauthor of commentaries to the Labour Code and the Charter of Fundamental Rights of the European Union.
DOI: 10.33226/0032-6186.2021.9.1
JEL: K31

The elaboration is dedicated to the analysis of the EU Court of Justice judgment of 26 January 2021 in case C-16/19 VL v. Szpital Kliniczny im. dra J. Babińskiego in Kraków. CJEU was of the opinion that the concept of discrimination under the Directive 2000/78 may refer to less advantageous treatment within the group of employees with disabilities. The employer's decision to grant the allowance only to those employees who had submitted their disability certificates after the specific date may be discriminatory. In author's opinion, the interpretation made by the CJEU may have consequences that go beyond the dispute at stake. In the light of the ruling it seems that the Union concept of discrimination may cover the different treatment among individuals distinguished by the same protected characteristic.

Keywords: Directive 2000/78; CJEU judgment in case C-16/19; disability; direct discrimination; indirect discrimination
DOI: 10.33226/0032-6186.2020.11.1
JEL: K31

Part 2 of the elaboration is dedicated to the perspectives of introducing provisions on remote work into the Labour Code. Author argues that de lege ferenda the essence of remote work is work performance at home, i.e. in private sphere of an employee. In his opinion, from theoretical perspective, work at the establishment and work at home may become equivalent options of an employment relationship. Therefore, it is appropriate to reconsider the concept of an employment relationship, and to amend Article 22 LC and 29 LC, in order to take into account the nature of remote work. The admissibility of work performance at home should become an essential component of an employment relationship. Author is of the opinion that the material scope of application of remote work should be broad. Under the Labour Code, employer and employee should enjoy a broad margin of discretion on determining the conditions of remote work performance. Part 1 of the elaboration, published in the previous PiZS issue, was dedicated to the analysis of remote work de lege lata under the Law of 2nd March 2020 on special solutions related to prevention of, countervailing and combating COVID-19, other infectious diseases and crisis situations caused by them. Author introduced the provisions on remote work, and their subsequent amendments. He analysed the employer's competences to introduce remote work, the conditions of its performance, material scope of application, and also rights and duties of the parties to the employment relationship.

Keywords: employment relationship; remote work; COVID-19; Anti-Crisis Shield; telework; work in cottage industry
DOI: 10.33226/0032-6186.2020.10.1
JEL: K31

Part 1 of the elaboration is dedicated to the analysis of remote work de lege lata, as provided by the Law of 2nd March 2020 on special solutions related to prevention of, countervailing and combating COVID-19, other infectious diseases and crisis situations caused by them (so-called "Anti-Crisis Shield"). Author introduces the provisions on remote work, and their subsequent amendments. He analyses the employer's competences to introduce remote work, the conditions of its performance, material scope of application, and also rights and duties of the parties to the employment relationship. Part 2. of the article will be dedicated to the perspectives of regulating remote work by the Labour Code. Author argues that de lege ferenda the essence of remote work is work performance at home, i.e. in private sphere of an employee. In his opinion, from theoretical perspective, work at the establishment and work at home may become equivalent options of an employment relationship.

Keywords: employment relationship; remote work; COVID-19; Anti-Crisis Shield; telework; work in cottage industry

Prof. dr hab. Leszek Mitrus, Professor at the Chair of Labour Law and Social Policy at the Faculty of Law and Administration of the Jagiellonian University. The author of more than 120 publications on Polish and European labour law and social security law, i.a. he is the author of the monograph on termination with notice of an employment contract due to reasons concerning an employee, and coauthor of commentaries to the Labour Code and the Charter of Fundamental Rights of the European Union. From 2016 to 2018 he has been a member of the Commission for Codification of Labour Law.