Labour and Social Security Journal 07/2023

The article addresses the issue of violence in the world of work in the light of ILO Convention No. 190. The research objective assumed by the author is to analyze the nature and limits of the employer's control rights. Considerations focus on the issue of abusing the employer's control rights as a form of violence addressed to the employee. The author assumes that the ratification of ILO Convention No. 190 would contribute to increasing the scope of legal protection of the employee against all forms of violence in the world of work, including those involving the subjection the employee to control.

In this text, the author presents possible directions for legislative changes in the field of social insurance coverage of employees employed on the basis of civil law contracts. In accordance with the document of the National Recovery Plan, the Polish government has undertaken to change the rules of subjecting contractors to social insurance by making these contracts 'fully contributory'. The author points out that the extension of the insurance obligation may take place to a narrower or broader extent (leaving the contract of mandate as a general social insurance title or qualifying it as an absolute title). At the same time, he draws attention to additional aspects (the lack of legitimacy of maintaining the subjective exemption in Article 6(4) of the Act on the social insurance system or the possibility of making contracts for specific taks subject to the obligation of social insurance). Keywords civil law contracts, civil law employment, insurance title, accumulation of insurance titles

The provisions on the remote work, introduced to the Labour Code, have established many specific solutions in the field of health and safety. The article will attempt to classify them. The aim of the article is to analyze these provisions from the point of view of the principles of the health and safety law. The aim is to establish the justification for the existence of such regulations, their place in the health and safety law system, as well as the principles on the basis of which they should be applied.

Work is an important element of everyone's life – it allows us to develop our skills, feel need and useful, the workplace is also the place where we make new friends, do not feel lonely (even if we are lonely in our lives) and is the place we often spend several dozen hours each week. Work must therefore be a safe place where the employee will not experience violence, manipulation and discrimination. The subject of this study is to present the phenomenon of gaslighting in employment relations (with particular emphasis on the employment relationship) as a still-current challenge of counteracting psychological violence at work. This phenomenon causes numerous difficulties with early detection of violence in employment, because the victim, as a result of the manipulation he experiences, ceases to believe in his own judgement and questions his own mental health.

The Russian military aggression in Ukraine, which began in the early morning of February 24, 2022, forced the citizens of Ukraine, regardless of these eastern territories, to flee to Poland and other EU member states. A sharp increase in the number of war refugees, depending on women and children, which affects the territory of Ukraine, which causes a phenomenon unprecedented in Europe since real time II, because the war triggers the activation by the state providing aid to Ukrainian shelters, thanks to which the citizen receives the effect during the period of forced relief of the social protection standard. The article is devoted to additional normative changes recently added to the Polish legal system, which are provided by Polish social assistance to war refugees from the territory of Ukraine.

The current rule of Article 477² § 2 of the Polish Code of Civil Procedure is favourable for the employee, as it provides that the court, at the employee's request, may impose an obligation on the employer to continue employing the employee until the end of the proceedings, considering the termination of the employment contract ineffective or reinstating the employee to work. This means that the employee can return to work between the non-final judgment of the court of first instance and the final judgment reinstating the employee to work. It may bethat the judgment of the court of first instance is issued only after a year or more from the termination of the employment relationship, which means quite a long period of time from the moment when the employee stopped working for the employer. The aim of this paper is to answer the question whether, on the basis of the applicable provisions on security proceedings in the Code of Civil Procedure, it is admissible to secure an action for reinstatement to work by ordering the employment of an employee already at the stage of proceedings before the court of first instance. Keywords civil procedure, protective measure, Labor Code, employment relationship, reinstatement of the employee to work

On April 26, 2023, the Polish Supreme Court issued a landmark resolution in case III PZP 6/22. This decision is part of the more general framework of the problem of choosing between adjudication by a judicial panel and adjudication by a single judge in specific courts. These are such the courts that proceed on the basis of the Civil Procedure Code, and therefore in particular in labour and social security cases.. As indicated in this Article, the valuable argumentation presented in this resolution of the Polish Supreme Court will, to a large extent, remain valid also in the longer term, despite the rapid changes in the Polish legal culture that have already taken place after its issuing and that may still occur in the future.

The author presents the position of the Supreme Court regarding the content of the clause of abuse of the subjective right (Article 8 of the Labor Code) in the context of the principle of "clean hands". According to this principle, anyone who violates the principles of social coexistence himself cannot enjoy protection against abuse of the law by the other party. The study presents in more detail one of the last judgments of the Supreme Court, which concerns more complex situations in which violation of the principles of social coexistence was committed by both parties to the legal relationship.

On 2nd June 2023, the Faculty of Law, Administration and Economics of the University of Wrocław organised a national academic conference within the series "Labour Law. Doctrina et usu" entitled "The role of trade unions in the application and creation of labour law". The conference was organised by the Labour Law Department of the Faculty of Law, Administration and Economics at the University of Wrocław, the Regional Labour Inspectorate in Wrocław and Wrocław Bar Association of Attorneys-at-Law.