Labour and Social Security Journal 03/2023

Underlying the preparation of this text is the conviction that scientists should be involved in the process of drafting legislation. The model assumptions of the proposed regulation, its economic and social goals, provoke a broader discussion. Undoubtedly, in addition to the entities involved by law in the legislative process at the stage preceding the adoption of the final solutions, it would be advisable to consult with entities active in this area of economic and social practice, as well as with people caught up in the processes of various scientific studies touching on the issue in question from various points of view (economic, organizational, sociological or legal). 

The Constitution of the Republic of Poland provides for the right to bargain and includes it among the fundamental human rights (freedoms). However, the Constitution of the Republic of Poland does not determine the subjective scope of the right to bargain as this scope is shaped by international standards. It follows from Article 59 (4) of the Constitution of the Republic of Poland, that the right to bargain may be subject only statutory limitations only to the extent permitted by international agreements binding Poland. Meanwhile, the subjective scope of the right to collective bargaining defined in the standards of the International Labour Organization differs from the subjective scope of this right resulting from the opinion of the Court of Justice of the European Union. In this context, the aim of the article to justify the thesis that meeting the requirements of international law is in conflict with EU law.

The purpose of this article is to an alyse and assess the regulation introducing a new prerequisite for concluding an employment contract for a trial period, which will be the intention to employ an employee following lapse of the probation period. It was included in the law dated 8 March 2023 on amendments to the Labour Code and certain other laws, which aim is to implement into the Polish legal system the Directive of the European Parliament and of the Council (EU) 2019/1152 of 20 June 2019 on transparent and predictable working conditions in the European Union. The analysis leads to the conclusion that the legal norm resulting from the new Article 25 § 2(2) of the Labour Code, depriving the employer of the right to determine the duration for which a fixed-term employment contract will be concluded following lapse of the probationary period, especially in comparison to the maximum length of the probationary period and the obligation to justify the termination of the fixed-term employment contract upon notice, not only lacks justification in the provisions of Directive 2019/1152, but is also contrary to the aim of the probationary period employment contract and nature of the employment relationship.

The article deals with the phenomenon of violence at work in connection with occupational burnout syndrome. The author pointed out the basic acts of international and European law relating to violence at work, including in particular ILO Convention 190, various definitions of the concept of violence at work, as well as violence as one of the risk factors for the emergence of symptoms of occupational burnout. The last part of the article also evaluates selected provisions of Polish labor law from the perspective of protection against violence at work and occupational burnout.

This article is devoted to the legal regulations regarding the training leave of a doctor performs his profession based on a labor employment relationship in the light of the Act of 5th December 1996 on the Doctor and Dentist Professions. Continuing professional development is integrally related to the proper pursuit of the medical profession. The author points out and characterizes the legal framework for training leave both the stage of postgraduate education and professional development.

The legal norm derived from art. 31 § 1 of the Labour Code gives the employer the right to appoint a selected person to perform activities in labour law matters. Prima facie provision seems obvious and does not require any special interpretation. However, after its deeper analysis, doubts arise regarding the scope of activities for which the person is appointed and the very method of making this appointment. Although in the explanatory memorandum to the bill introducing the provision, the bill's originator indicated the purpose of the amendment, nevertheless, the wording of the provision itself does not allow to conclude that the stated purpose of the act in this regard has been achieved. According to the drafters (as well as part of the doctrine and jurisprudence), the designation within the meaning of Art. 31 § 1 of the Labour Code covers all activities both in the field of individual employment relationships as well as in the field of collective labour law, both substantive and procedural activities. However, the above statement about the broad scope of the designation seems to be too far-reaching, giving rise to a possible risk for the employer in the form of potential consequences (also economic) of actions taken by the designated person. It is also difficult to assume that the president of the management board, authorizing a human resources employee to perform activities within the scope of Art. 31 § 1 of the Labour Code, he was aware that this employee could lead a collective dispute, conclude a company collective agreement, or conduct a social dialogue with trade unions. In such a situation, it seems indispensable to refer to the provisions of the Civil Code governing the institution of power of attorney. Such action will be possible through Art. 300 of the Labour Code, because the conditions for the application of the Civil Code are met in a case not regulated by labour law. The application of the provisions on the power of attorney allows both to precisely define both the method of designation itself and its scope. The analysis carried out in the text leads to the conclusion that the correct designation is achieved through the complementary application of Art. 31 § 1 of the Labour Code and the provisions of the Civil Code. The author distinguishes two stages of designation, in the form of the "stage of abstract designation" and the "stage of concrete empowerment". Consequently, it should be stated that Art. 31 § 1 of the Labour Code establishes the employer's general competence to appoint a person, while the manner of its implementation can be implemented only through the appropriate application of the provisions of the Civil Code on the power of attorney.

The author extensively presents the judgment, which in her opinion, may turn out to be the so-called milestone in the jurisprudence of the Supreme Court. Although its actual basis concerns a detailed issue related to the search for an appropriate indicator to calculate the value of the equivalent for an officer's unused annual leave, in view of the argumentation adopted in its justification, how and on what basis the gap in the law should be filled in, it may contribute to strengthen this line of argumentation in the legal discourse on the subjective scope of Art. 66 sec. 2 of the Constitution of the Republic of Poland, in which it is postulated that the social standard set out in this provision should be extended to all contractors, and not only those who are in labour employment relationships.