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Labour and Social Security Journal 08/2021

ISBN: 0032-6186
Pages: 60
Publication date: 2021
Place publication: Warszawa
Binding: paperback
Format: A4
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DOI: 10.33226/0032-6186.2021.8.1
JEL: K31

The article deals with the problem of presence of employees unvaccinated against COVID-19 at the workplaces. Medical research conclusions show, that presence of unvaccinated person increase risk of infection also for vaccinated individuals. In debate on possibility of exclusion of unvaccinated workers from a workplaces the clash of values has to be considered. On the one hand there is a right to privacy, dignity and freedom of occupation, on the other hand right to life, right to safe working environment, protection from diseases and limitation of employer's economic risks. Israeli labour courts in described cases approved ban of workplace access for unvaccinated persons, in situations where it was the only way to protect other people from COVID-19 infection. Still if there were other sufficient measures, the ban of access was lifted. Article describes also legal situation in Poland, where employer's access to data on worker's vaccination is under discussion and relevant legal regulations should be amended. However there are no legal measures of banning employee access to the workplace, the dismissal based on lack of vaccination should be accepted, if any other measures of infection control are not accessible.

Keywords: COVID-19; vaccination; unvaccinated workers; prevention; workplace access ban
DOI: 10.33226/0032-6186.2021.8.2
JEL: I38, K31

A social worker is a key provider of support for people and families in difficult life situations in the Polish social assistance system. The aim of the article is to analyze the process of professionalization of a social worker's profession in terms of legal aspects and practice. The article presents an analysis of legal changes concerning the requirements related to the qualifications of a social worker, an analysis of changes in the education system for social workers and the results of empirical research concerning the qualifications of social workers. It indicates that the progressive increase in the requirements entitling to work in the profession of a social worker impact the qualifications of social assistance services.

Keywords: social assistance; social worker; social work
DOI: 10.33226/0032-6186.2021.8.3
JEL: K31

Regulation (EC) No 261/2004 states that air carrier shall not be obliged to pay compensation for cancelled flights, if it can prove that the cancellation is caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken. Although that regulation does not expressly define the concept of "extraordinary circumstances”, the EU legislatureindicated that it may occur in the event of events such as those mentioned in recital 14 of that regulation. This recital mentions, inter alia,”strikes that affect the operation of an operating air carrier”. However, the CJEU takes the position that a strike by the air carier`s own employees can not be deemed as an extraordinary circumstance, except when the implementation of employees' requests is beyond its competence and requires legislative action. The article presents the rulings of the CJEU and arguments supporting the thesis that the reasoning adopted by the Court leads to the violation of the freedom to conduct a business (established in Article 16 of the Charter of Fundamental Rights of the European Union) and the employer's right of negotiation (enshrined in Article 28 of the Charter).

Keywords: strike; extraordinary circumstance; compensation; passanger; carriage by air
DOI: 10.33226/0032-6186.2021.8.4
JEL: K39

The article concerns the issue of the concept of an accident at work of a Deputy and Senator in the light of the applicable social insurance regulations and the act on the exercise of the mandate of a Deputy or Senator. This issue has been presented in a broader context, taking into account the legal analysis in terms of the definition of an employee accident at work. The differences between an employee accident at work and a non-employee one were discussed in detail. A significant part of the article is devoted to the scope of activities covered by the concept of an accident of a Deputy and Senator.

Keywords: Deputy; Senator; accident at work; social insurance; accident insurance
DOI: 10.33226/0032-6186.2021.8.5
JEL: K1

In the article, the author questions the justification of liability for damages by means of a repressive function. It indicates that over the years, in both the systemic and comparative aspects, "punishing" the perpetrators of damages has been replaced by the mechanism of compensation of damages. This conclusion highlights the change in the perception of basic concepts of liability for damages such as "fault" or "non-pecuniary loss".

Keywords: repressive function; damage; damage liability; fault
DOI: 10.33226/0032-6186.2021.8.6
JEL: M54

The knowledge is crucial factor of competitiveness in modern organizations. In this survey we can realize how important it is in practice. Dynamically changing business environment forces entrepreneurs to adopt new agile methods of managing. We can compare modern systems of ruling the organizations to find out answer how the knowledge is important nowdays. Because of strong demand for new competencies, experts human resources and managers faces the challenge. The scope of research focus on main modern ideas of management and should be still explored. We must adopt new methods of managing people and knowledge management to be more competitive in new distant reality. On the basis this article analyzes the main modern methods of managing, organizations can find out the answers on they question, how to be more competitive.

Keywords: education; personal development; methods; training; knowledge management; agile management; Hidden knowledge; diversity management
DOI: 10.33226/0032-6186.2021.8.7
JEL: K31

The author presents selected, most important findings of the Supreme Court's jurisprudence relating to the claim for remuneration for the period of unemployment related to the employee's reinstatement (Articles 47 and 57 of the Polish Labour Code). She focuses not only on substantive issues, but also on procedural issues.

Keywords: remuneration for work; remuneration following reinstatement; protection of remuneration for work; reinstatement; claiming remuneration following reinstatement
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