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dr hab. Monika Latos-Miłkowska
ORCID: 0000-0001-6851-8971
Dr hab. Monika Latos-Miłkowska, Professor at the Kozminski University, head of the Labour Law Department at the ALK College of Law. Formerly, for many years, researcher and lecturer at the Faculty of Law and Administration at the University of Warsaw. Author of numerous publications in the field of labour law, including the monograph "Protection of the employer's interest". Co-author of the commentary to the Labour Code edited by Professor Ludwik Florek, author of the
DOI: 10.33226/0032-6186.2022.4.4
JEL: K31

The article is devoted to the analysis of the issues of protection of claims of employees employed in civil partnerships in the event of the employer's insolvency. The subject matter has been analyzed in two variants — in the first one it was assumed that the employer of employees is a civil partnership. In the second — that the collective employer are partners of a civil partnership. The author shows that the solutions of the Act on the Protection of Employee Claims in the Event of Employer Insolvency are not relevant to the structure of a civil partnership and the related difficulties in obtaining benefits from FGŚP, which may be encountered by employees of these companies. As a result of the research, de lege ferenda conclusions were formulated aimed at facilitating the receipt of benefits by employees employed in civil partnerships.

Keywords: civil partnership; partners; employer; insolvency; bancruptcy; restructuring
DOI: 10.33226/0032-6186.2021.1.2
JEL: K31

One of the solutions introduced by the anti-crisis shield to protect the interests of the employer in the conditions of the coronavirus epidemic and the economic crisis it causes is the possibility of suspending the obligation to establish and operate the company's social benefits fund and the obligation to pay holiday benefits. Such a possibility was introduced in art. 15ge of the anti-crisis shield. The purpose of this article is to make an in-depth and critical analysis of these provisions. It is a very specific regulation, and some of its aspects raise serious theoretical and practical reservation.

Keywords: antycrisis shield; social activity; company social benefit found; rade union unit; holiday benefit
DOI: 10.33226/0032-6186.2020.10.4
JEL: K31

The unprecedented event, which is the global coronavirus pandemic, resulted in the adoption and implementation of a number of solutions aimed at preventing and combating the epidemic and its negative social, economic and health consequences in the form of the so-called Anti-Crisis Shield. One of the elements of the Anti-Crisis Shield are specific solutions in the field of labour law, among which anti-crisis collective agreements take a prominent place. The Anti-Crisis Shield enables conclusion of an agreement on the reduction of working time or economic stoppage, an agreement on the application of less favorable terms of employment than those resulting from employment contracts concluded with employees, an agreement on the introduction of an equivalent working time system. This article is an attempt of critical analysis of the collective agreements introduced by the Anti-Crisis Shield and cautious assessment of their social and economic effects.

Keywords: coronavirus; lockdown; collective agreement; reduction of working time; economic stoppage; Anti-Crisis Shield
DOI: 10.33226/0032-6186.2020.4.3
JEL: K31

This article deals with the problems related to protection of board members in case of the insolvency of their employer. The possibility of employing management board members of companies on the basis of employment relationship, grounded in Polish labour law, implies their protection in the event of the insolvency of the employer. Under the current legislation, members of management boards who are employees (or employed on the base of civil contract) are treated in the same way as all other employees. The Act does not recognize their special status — the impact they could have on rising insolvency of the company, greater opportunities for selfprotection of their interests and the ability to influence their employee status. This raises the risk of taking advantage of their particular position and potential abuses. It is particularly visible in the case of management board members who are also the company's majority shareholders. The author wonders how the legislator may take into account the special status of board members in the Act on the protection of employees claims in case of insolvency of the employer, in particular in terms of preventing potential abuses.

Keywords: board member; claim's protection; insolvency; prevention against abuses; majority shareholder
DOI: 10.33226/0032-6186.2019.12.4
JEL: K31

This article is an analysis of the legal position of the only representative company trade union organization, especially as a participant in collective bargaining. The reason for addressing this issue is, in particular, the introduction of art. 30 paragraph 7 to the Trade Union Act. A closer look at the position of the only representative trade union organization shows that it differs depending on the type of negotiations in which the trade union organization participates. These differences cannot always be rationally explained. The issues discussed in this article also have considerable practical significance - the situation in which there is only one representative company trade union organization is quite common in practice, and the diversity of the legal position of such organization according to not entirely clear criteria causes quite serious practical problems.

Keywords: the only representative company trade union organization; representativeness; collective bargaining; collective agreement

Dr hab. Monika Latos-Miłkowska, Professor at the Kozminski University, head of the Labour Law Department at the ALK College of Law. Formerly, for many years, researcher and lecturer at the Faculty of Law and Administration at the University of Warsaw. Author of numerous publications in the field of labour law, including the monograph "Protection of the employer's interest". Co-author of the commentary to the Labour Code edited by Professor Ludwik Florek, author of the commentary on the act on the protection of employee claims in the event of the insolvency of the employer. Co-author of the Labour Law System edited by Professor Krzysztof W. Baran. Her scientific interests concentrate on issues of workplace restructuring, protection of employment relationship duration, collective labour law, parental rights and protection of employee claims in the event of the insolvency of the employer. Legal advisor specializing in labour law matters. Advisor in group dismissal procedures, merging workplaces, negotiating company sources of labour law (collective agreements, work regulations, remuneration regulations, regulations of the company social benefit fund), negotiations in collective disputes. An experienced lecturer and trainer.