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Labour and Social Security Journal 07/2022

ISSN: 0032-6186
Pages: 60
Publication date: 2022
Place publication: Warszawa
Binding: paperback
Format: A4
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DOI: DOI 10.33226/0032-6186.2022.7.1
JEL: K31

The article is devoted to models of trade union association of officers employed on an administrative basis. This mainly applies to officers of the Police, Border Guard, Prison Service and the Customs and Tax Service. The statutory changes of 2019 introduced mechanisms of qualitative pluralism to the organization of trade unions of these groups of officers.

Keywords: trade unions; union pluralism; officers of the Police
DOI: 10.33226/0032-6186.2022.7.2
JEL: K31

The article is devoted to models of trade union association of officers employed on an administrative basis. This mainly applies to officers of the Police, Border Guard, Prison Service and the Customs and Tax Service. The statutory changes of 2019 introduced mechanisms of qualitative pluralism to the organization of trade unions of these groups of officers.

Keywords: trade unions; union pluralism; officers of the Police
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DOI: 10.33226/0032-6186.2022.7.3
JEL: K31

The workplace must be recognised as a key institution in the theory of labour law and this is beyond any doubt. The social consequences of failing to recognise the workplace can be dramatic. Moreover, in a situation where other human communities are scarce, the importance of the community of the workplace (especially if we remember about its relative stability) turns out to be fundamental. Thus, the importance of the community of the workplace is crucial not only for the individual, but also for the society. Since public tasks and public functions exist in labour law, and the workplace exists as a subject and the manager of the workplace exists as a governing body, this forces us to reflect upon the legal qualification of the workplace and its manager. As mentioned above, the need to build on this reflection turns out to be urgent in today's scholarship if we take into account the social dimension of the workplace as a community. Thus, there is an absolute necessity to determine the legal relations between the employee and the workplace, but also (or perhaps especially) between the workplace and the state. This is especially important today, when the workplace turns out to be almost the only significant instrument in the administration of the state with regard to entities which exist outside of strictly defined public administration. The construction of the workplace vests the state with enormous possibilities for organising and shaping the society.

Keywords: workplace; social organisation; labour law
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DOI: 10.33226/0032-6186.2022.7.4
JEL: J26

Passive labour market policies brought the professional deactivation of a large group of older workers — in Poland at the turn of the 20th and 21st centuries. It contributed to perpetuating the problems and negative tendencies related to the low economic activity of older people and a significant burden on labour offices with services to people out of work, but not interested in taking it up. In this article, we assess the system of preretirement benefits implemented in Poland in the second half of the 1990s in the indicated dimensions. We supplement the analysis of legislative conditions with individual administrative data from the CeSAR data warehouse. This allows to point out the scale of the problem and the possible consequences of professional inactivity.

Keywords: preretirement benefits; inactivity; labour force participation; labour market
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DOI: 10.33226/0032-6186.2022.7.5
JEL: K31

The road transport sector in Poland is an extremely important part of the Polish economy. The changes introduced in several stages as part of the mobility package will have a major impact on the economic situation of Polish hauliers. The package contains a number of regulations relating both to the competitiveness of transport enterprises in the EU and to the improvement of drivers' working conditions. The article concerns new regulations related to the inclusion of international transport drivers in the provisions on the posting of workers and, consequently, changes in their remuneration.

Keywords: drivers; road transport; mobility package; posting of workers; renumeration
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DOI: 10.33226/0032-6186.2022.7.6
JEL: K31

The author addresses the issue of labor rights violations in global supply chains of multinational enterprises. This publication is devoted to the draft Directive of the European Parliament and of the Council on Corporate Due Diligence and Liability and proposed amendments to private international law. The legislative initiative is the first such comprehensive regulation within the EU and imposes obligations on companies to protect social human rights, in relation to their business activities throughout the supply chain.

Keywords: protection of workers' rights; EU directives; value chain; due diligence; redress
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DOI: 10.33226/0032-6186.2022.7.7
JEL: K31, H550

The article concerns the retirement age of judges and prosecutors. The author analyzed the circumstances that allow the National Council of the Judiciary or the Public Prosecutor General to extend the period of professional activity. In the article, provisions on the retirement of Supreme Court judges are discussed. Contrary to common court judges and prosecutors, the Supreme Court judges retire upon reaching 65 years of age without the possibilities of applying for an extension of the period of service. In the deliberations, the author referred to the Council Directive 2000/78 / EC establishing a general framework for equal treatment in employment and occupation. In the author's opinion, Polish regulations are in conflict with the regulations of the European Union.

Keywords: retirement age; a judge; a prosecutor; discrimination
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DOI: 10.33226/0032-6186.2022.7.8
JEL: K31

The considerations carried out in this article focus on the issue of the relationship between the pharmacist's professional autonomy and his/her employee subordination in the situation of exercising his/her profession within the employment relationship. In accordance with Article 35(1)–(2) of the Act of 10 December 2020 on the Pharmaceutical Profession the pharmacist shall take his own decisions with regard to pharmaceutical care, pharmaceutical services and the performance of his professional tasks, being guided exclusively by the interests of the patient and shall not be bound by professional instructions in that respect. The operator of a pharmacy, a point of pharmacy or a hospital pharmacy department shall enable the pharmacist to take decisions independently with regard to the exercise of pharmaceutical care, the provision of pharmaceutical services or the performance of professional tasks, in so far as these are related to the activities of the operator. Therefore, it should be considered that the pharmacist is not bound by the employer's orders in the scope of activities covered by the legal guarantees of professional independence, while the employer has a legal obligation to enable him to make decisions independently within the limits of his professional rights. In this respect, therefore, there is no obligation to carry out the employer's instructions concerning work within the meaning of Article 100 para. 1 of the Act of 26 June 1974 — the Labour Code.

Keywords: pharmacist; pharmacy; liberal profession; independent profession; profession of public trust; medical profession; employee; employer; employee subordination; obligation to follow the employer's instructions
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DOI: 10.33226/0032-6186.2022.7.9
JEL: K31

The author presents the jurisprudence problems related to the introduction to the polish law system of the so-called ustawa dezubekizacyjna". Pursuant to this law, the period of service for a totalitarian state by an official cannot be counted when determining the basis for the calculation of his old-age or survivor's pension. The study presents the most recent judicature of the Supreme Court in the subject scope, clearly indicating that in cases relating to the reduction of benefits under the aforementioned Act, there is a need to apply the socalled scattered control of the constitutionality of statutes, i.e. independent adjudication by courts on the non-compliance of an act with the Constitution.

Keywords: Constitution of the Republic of Poland; direct application of the Constitution; protection of acquired rights; Convention for the Protection of Human Rights and Fundamental Freedoms; human rights; pension protection system for officers
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