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Dr hab. Michał Skąpski, prof. UAM
ORCID: 0000-0001-8047-4713
Dr hab. Michał Skąpski, prof. UAM, Professor in Chair of Labour Law and Social Law of Adam Mickiewicz University Poznań, Poland. Head of Chair of Labour Law and Social Policy at the University of Szczecin in years 2010–2017. Author and editor of numerous publications on individual, collective labour law and theory of labour law. Member of European Working Group on Labour Law. In years 2016–2018 member of Commission for Codification of Labour Law.
DOI: 10.33226/0032-6186.2021.10.3
JEL: K31

Problem of partial notice of collective agreement or collective arrangement is controversial and contrary solutions are presented in literature. Lack of direct regulation of that kind of notice is causing part of commentators to conclude, that it is forbidden. The others think, that norm of competence to execute such a notice may be built on basis of regulation of full notice of collective agreement (argumentum a maiori ad minus). The article shows, that this idea is wrong, because partial notice and full notice of collective agreement cannot be treated as minor and major result in a fortiori inference scheme. It means that currently there is no legal basis for partial notice of collective agreement in Polish legal system. This conclusion valids also for collective arrangements, at analigie legis basis. Nevertheless it is worth analyzing the need to establish such a notice in labour code, including regulation of protection of autonomy of will of the other parties of collective agreement.

Keywords: collective agreement; notice; partial notice
DOI: 10.33226/0032-6186.2021.8.1
JEL: K31

The article deals with the problem of presence of employees unvaccinated against COVID-19 at the workplaces. Medical research conclusions show, that presence of unvaccinated person increase risk of infection also for vaccinated individuals. In debate on possibility of exclusion of unvaccinated workers from a workplaces the clash of values has to be considered. On the one hand there is a right to privacy, dignity and freedom of occupation, on the other hand right to life, right to safe working environment, protection from diseases and limitation of employer's economic risks. Israeli labour courts in described cases approved ban of workplace access for unvaccinated persons, in situations where it was the only way to protect other people from COVID-19 infection. Still if there were other sufficient measures, the ban of access was lifted. Article describes also legal situation in Poland, where employer's access to data on worker's vaccination is under discussion and relevant legal regulations should be amended. However there are no legal measures of banning employee access to the workplace, the dismissal based on lack of vaccination should be accepted, if any other measures of infection control are not accessible.

Keywords: COVID-19; vaccination; unvaccinated workers; prevention; workplace access ban

Dr hab. Michał Skąpski, prof. UAM, Professor in Chair of Labour Law and Social Law of Adam Mickiewicz University Poznań, Poland. Head of Chair of Labour Law and Social Policy at the University of Szczecin in years 2010–2017. Author and editor of numerous publications on individual, collective labour law and theory of labour law. Member of European Working Group on Labour Law. In years 2016–2018 member of Commission for Codification of Labour Law.