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Labour and Social Security Journal 06/2021

ISBN: 0032-6186
Pages: 64
Publication date: 2021
Place publication: Warszawa
Binding: paperback
Format: A4
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DOI: 10.33226/0032-6186.2021.6.1
JEL: K31

The article presents the situation of company-level collective agreements in relation to collective bargaining in general. It focuses on normative and statistical aspects, presenting the numbers of concluded and binding agreements, as well as attempting to assess the approximate number of employees and other persons covered by collective agreements (including the situation in particular provinces). This is a starting point for the assessment of the potential and the actual role collective agreements play in shaping the employment conditions, especially when facing the complete collapse of multi-establishment collective agreements. The presented data is the result of a study conducted at Regional Labour Inspectorates and of analyses and reports conducted by the General Labour Inspectorate.

Keywords: company-level collective agreements; multi-establishment; social dialogue; coverage of employees by collective agreements; employment conditions; binding collective agreements; crisis
DOI: 10.33226/0032-6186.2021.6.2
JEL: K31, Z13, Z18

Legal guarantees for journalists to be able to perform their activities strongly support their mission to serve the society and the state. One of them — the conscience clause for journalists — has been widely discussed by the media specialists in Poland. Their recommendations as to this matter have been introduced to legal system in 2017. The authors tend to explain hereby the meaning of the conscience clause regulation, both as of media sciences and legal perspectives.

Keywords: conscience clause; journalist; employment; labour employment; non-labour employment
DOI: 10.33226/0032-6186.2021.6.3
JEL: K31

On 21th January 2021, a scientific conference "Remote work as an institution of labour protection law" "took place. The event was organized by the Department of Labour Law of the University of Łódź and the Polish Scientific Network of Labour Law and Social Security COOPERANTE via MS TEAMS platform. The conference enjoyed great interest from the academic community and legal practitioners. It was attended by 110 participants representing 15 academic centers as well as the National Labour Inspectorate, the Social Insurance Institution, and the Independent and Self-Governing Trade Union Solidarność.

Keywords: COVID-19; remote work; home office; employer's instruction; health and safety at work
DOI: 10.33226/0032-6186.2021.6.4
JEL: J81, J83, J41

This article deals with the obligation to inform workers about working conditions under the new EU Directive on transparent and predictable working conditions in the European Union. The author points to the purpose of the new directive, but focuses primarily on the amendments made to the new Directive in relation to Directive 91/53 EEC. The article presents the purpose, subject matter and scope of application of the directive and how the obligation indicated in the title is to be implemented. The article also provides an overall assessment of Polish law from this perspective.

Keywords: obligation to provide information; employment relationship; working conditions
DOI: 10.33226/0032-6186.2021.6.5
JEL: K31

The Author of the following article presents the topic of employee's reduced working hours' impact (on the basis of collective agreements and other solutions in anticrisis shield) on social allowances. She analyses the introduced COVID's regulation to minimize its losses for people performing parental and tutelary roles. The Author also casts in doubt the sense of the continuation of maintaining the current wording of article 40 of the Act on social allowances.

Keywords: reduced working hours; collective agreements; anti-crisis shield; maternity allowance; sickness allowance
DOI: 10.33226/0032-6186.2021.6.6
JEL: K31, K22

The rules of employing managerial staff, despite numerous voices in the literature about the need to regulate them, have not yet been included in the regulation eliminating the existing state of uncertainty. The article presents an analysis of the admissibility of employee employment of majority partners of limited liability companies based on the judicature statements. The existing jurisprudence consistently accepts the inadmissibility of employing an employee partner of a single-person limited liability company in this company. On the other hand, situations where, in addition to the dominant partner, are also problematic in terms of legal classification, there is also a partner or partners whose total share in the company is so small that it can be assumed that it does not affect the functioning of the company. In the latest judgments there is a noticeable tendency to use the so-called "Illusory partner", which requires the adoption of the legal fiction of the existence of a one-person partnership despite the formally multi-person entity. The question is, therefore, what is the ratio of shares in the company's capital that a shareholder becomes almost the sole shareholder, and the remaining shareholder becomes an "illusory" shareholder.

Keywords: employment contract; limited liability company; employment of managerial staff; illusory shareholder; jurisdiction
DOI: 10.33226/0032-6186.2021.6.8
JEL: K32

The author presents the conclusions that arise from the case law of the Polish Supreme Court in relation to the modification of protection specially protected employees in situations covered by the provisions of the Act on collective redundancies. In particular, it concerns the division of these employees into different categories and the possibility of applying to them notice to change the terms of work and pay.

Keywords: notice of employment contract for reasons not related to the employee; specially protected employee; notice to change the terms of work and pay
DOI: 10.33226/0032-6186.2021.6.7
JEL: K32

The subject of this paper is the judgment of the Court of Justice of the European Union from 29 October 2020 in case C-243/19. There are two important issues discussed: 1) if the patient's religious beliefs might be a reason for granting the prior authorization accordingto articles: 20(2) of Regulation No. 883/2004 and 8(5) and (6)(d) of Directive 2011/24, 2) the difference between the rules of the reimbursement of costs of cross-board healthcare set in the Regulation No. 883/2004 and in the Directive 2011/24.

Keywords: cross-board healthcare; prior authorization; patient's religious beliefs
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