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Labour and Social Security Journal 10/2021

ISBN: 0032-6186
Pages: 52
Publication date: 2021
Place publication: Warszawa
Binding: paperback
Format: A4
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DOI: 10.33226/0032-6186.2021.10.1
JEL: K31

The way of performing work by an academic teacher due to the COVID-19 pandemic has changed a lot, and in the future these changes (especially in the field of didactics) may already be permanently inscribed in its standards. The need to perform work (teaching, research and organization) remotely, often in a home environment, has highlighted a number of problems. Undoubtedly, it was (and still remains) a challenge for an academic teacher to find their way in the realities of remote working. For the academic teacher who is a parent (caregiver), it remains a challenge to find the right rhythm between the professional and private spheres. The COVID-19 pandemic has exposed not only long-standing problems related to the phenomenon of invisible (unpaid) work, or gender inequality in employment, but has also created completely new ones related to the expectations of constant readiness and availability of the employee to work or the imposition of additional obligations, which the employer has burdened teaching staff in particular. The existing doubts related to the evaluation of scientific work have also gained in strength. The lack of legal solutions regulating the issue of the impact of an employee's excused absence from work due to parental leave (and in the era of the COVID-19 pandemic, absence due to the need toprovide care) on the evaluation of the quality of scientific activity is a significant burden for University employees. The sociological research cited in the article reveals that the burden of caregiving and performing additional duties rested primarily on the shoulders of women. In many cases, this has translated directly into the number of articles written, research conducted, or grant proposals submitted. The COVID-19 pandemic has not only forced some changes in the current organization of the professional work of academic teachers, but above all has revealed problems whose scope is no longer only individual, but primarily social. The aim of the article is to trace selected challenges faced today by women and men employed in higher education and to analyze the legal solutions in force as well as to identify gaps in the law that make it difficult to mitigate them. An interdisciplinary examination of the presented issues will enable us to search for legal and non-legal solutions, which will contribute to the removal of barriers in the academic work environment, in which many stereotypes still prevail.

Keywords: higher education; academic teacher; invisible work; remote work; COVID-19; work-life balance; right to be offline; academic performance evaluation
DOI: 10.33226/0032-6186.2021.10.2
JEL: J39, J51

The subject of the article is the activity of the International Labour Organization regarding the minimum wage. The author draws attention to the varied interest of the ILO in this subject in particular periods, and she attempts to identify its causes. The author analyzes the development of ILO legal instruments in the field of minimum wage against the background of social and economic changes. She highlights the changing function of the minimum wage that with time became one of the tools for implementing the ILO global strategy for decent work and sustainable development. The author notes the influence of ILO on activities of the United Nations, the Council of Europe and the European Union. She stresses the importance of ILO regulations concerning the minimum wage to counteract the dehumanization of human work in the face of globalization.

Keywords: minimum wage; decent work; International Labour Organization; ILO Minimum Wage Fixing Convention No. 131; ILO Centenary Declaration for the Future of Work; sustainable development
DOI: 10.33226/0032-6186.2021.10.3
JEL: K31

Problem of partial notice of collective agreement or collective arrangement is controversial and contrary solutions are presented in literature. Lack of direct regulation of that kind of notice is causing part of commentators to conclude, that it is forbidden. The others think, that norm of competence to execute such a notice may be built on basis of regulation of full notice of collective agreement (argumentum a maiori ad minus). The article shows, that this idea is wrong, because partial notice and full notice of collective agreement cannot be treated as minor and major result in a fortiori inference scheme. It means that currently there is no legal basis for partial notice of collective agreement in Polish legal system. This conclusion valids also for collective arrangements, at analigie legis basis. Nevertheless it is worth analyzing the need to establish such a notice in labour code, including regulation of protection of autonomy of will of the other parties of collective agreement.

Keywords: collective agreement; notice; partial notice
DOI: 10.33226/0032-6186.2021.10.4
JEL: K31

The article concerns the determination of the legal status of employees taken over by a new employer pursuant to the Article 231 of the Polish Labour Code in a situation where before the takeover they were covered by a collective labour agreement. Two basic issues were discussed in the article. The first is the differentiation of the legal situation of the transferred employees in relation to the situation of the employees of the acquiring employer. The second is the relationship between the content of the collective labour agreement and the content of the employment contract. The latter issue is crucial in determining whether the legal position of the aforementioned employees is equalized by operation of law with the passage of time, or whether it requires additional legal action by the employer.

Keywords: collective labour agreement; work regulations; remuneration regulations; employment contract; employment relationship; working time and remuneration for work; termination notice changing the conditions of work and remuneration; transfer of the workplace
DOI: 10.33226/0032-6186.2021.10.5
JEL: K31

Mediation is one of the most well-known forms of conflict resolution. Its informal formula, focus on the parties, speed and low (compared to court proceedings) costs should support the wide use of this tool. Unfortunately, mediation still remains a more present tool in discourse than in practice. The low popularity of mediation also applies to labour law. This is all the more surprising because the nature of the relations occurring in labour law is the ground on which mediation can be successfully applied. In the body of labour law arbitration commissions are known, in the labour code the legislator also suggests an amicable resolution of conflicts, the branch itself is in turn assigned an irenic function. All this may suggest the success of mediation in labour law. The above circumstances prompted the author to check whether the current regulations hinder the use of mediation in labour law. The text covers such topics as the contract for mediation in employment cases, the impact of mediation on the running of time limits and settlement suitability. The literature on the subject has also long been calling for certain changes that could help popularize mediation. It is therefore necessary to check whether the legislator is taking the right steps in this regard. An additional reason for this text is the planned amendment concerning mediation. The solutions proposed in the draft will serve as a background for the discussion. Another important impulse for the creation of this text is the attempt to stimulate discussion and the search for solutions encouraging mediation in employee cases.

Keywords: mediation; conflict; employee; employer; labour law
DOI: 10.33226/0032-6186.2021.10.6
JEL: K31

The aim of the article is to discuss the authorization of the Social Insurance Institution to question the amount of the remuneration determined in the employment contract for the purpose of determining the basis for calculating the contribution. The article briefly discusses the resolution of the Supreme Court of 27 April 2005. (II UZP 2/05) in which this entitlement was formulated. Moreover, the prerequisites for the application of the correction mechanism are presented and briefly discussed, as well as some comments on the application of the mechanism itself. Despite the extensive case-law of the Supreme Court on the application of the mechanism in question, Social Insurance Institution often seems to ignore this case-law. As a consequence, it seems advisable to undertake a scientific reflection on the discussed issue, especially with regard to the necessity of regulating the entitlement of the Social Insurance Institution in question in statutory provisions.

Keywords: remuneration; contribution basis; verification of remuneration
DOI: 10.33226/0032-6186.2021.10.7
JEL: K31

The author presents another ruling of the Supreme Court, which on the basis of the relevant jurisprudence of the Court of Justice of the European Union refers to the issue of the autonomy of parental rights of fathers raising a child — their independence from the employment or social security status of the child's mother.

Keywords: : maternity leave; parental leave; the subjective scope of the right to leave related to parentage; parental rights of employees — fathers raising a child; gender discrimination; Jonkmann rule
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