Labour and Social Security Journal 11/2022

The Act on the Resolution of Collective Disputes adopted in the early 90s of the twentieth century no longer responds to the challenges of the labor market. That is why the need to change the regulations has been pointed out for many years by both social partners, scientists and mediators. However, the attempts made so far to amend the regulations, including in particular the work of the labour law reform committees from 2002-2007 and 2016-2018, have not brought results. Therefore, with the main aim of preserving social peace, the government presented a proposal for a new law on collective disputes. And it is the assessment of the most important provisions of this Act that is the subject of this article.

The availability of social benefits is determined by the legal regulations operating in a given country. The actual scope of using these benefits depends, however, on cultural factor, including, in particular, the dominant moral norms. While some individuals (persons, households) abuse welfare benefits, others, on the contrary, do not use them despite appropriate entitlements to do so. This individual attitude to the solutions offered by the welfare state has been described as "welfare morality". This article attempts to conceptualize this term. Presents its essence and practical significance for the welfare system. Moreover, both "deviations" from the optimal usage were discussed: excessive (welfare fraud) and insufficient (welfare non-take-up).

The article contains the analysis of EU standards for reasonable accommodation and tries to clarify their nature, scope and main types. Two hypotheses have been formulated in the research process. Firstly, both the legal provisions and the case law of the CJEU recognise that the concept of reasonable accommodation should be broad and flexible at the same time and treat it as important instrument for ensuring substantive equality of the workers with disabilities. Secondly, despite EU regulations on reasonable accommodation, employers do not always fulfill their obligation in a way that takes into account the individual needs of the people with disabilities. Consequently, the first part of the article concentrates on the EU legal framework for the obligation of reasonable accommodation, taking into account the sources of primary and secondary law and their mutual relations. Then, the most important decisions of the CJEU concerning this concept are presented, including those given in 2021-2022. The last part of the article focuses on the assessment of the legal nature and scope of reasonable accommodation, as well as identifies their common types and examples.

This article aims to analyze the correlation between the 4th Industrial Revolution, Labor Law 4.0 and  procedural Labor Law 4.0, performing a historiography of the work, as well as demonstrating how this new revolution on work and workers is causing real and significant structural shocks, both in Material Law and in Labor Procedural Law. For the elaboration of this article, the deductive method was used, from a qualitative perspective, from the bibliographic research.

In the article it is discussed the issue of personal data protection of participants in internal anti-harassment proceedings, including primarily data obtained in a secondary manner. In particular, the author analyses the employer's information obligation towards participants in internal anti-harassment proceedings resulting from Article 14 of the Regulation (EU) 2016/679 of the European Parliament and Council of Europe of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation, GDPR). The author also interprets the provision of Article 15 of the GDPR, which guarantees the data subject the right of access to data concerning him / her. The analysis of the protection of participants in internal anti-harassment proceedings was also carried out in the context of the proposed changes in the protection of whistleblowers legislation. The completion of the article contains de lege lata and de lege ferenda conclusions resulting from the considerations.

The purpose of this Article is to describe a special type of holidays, i. e. holiday to prepare for the professional examination for advocate, bailiffs, notaries, solicitor and leave for the professional examination for advocate, bailiffs, notaries and solicitor. In addition, the relationship between the special laws and the provisions of the Civil Code and the Labour Code, as well as the regulations adopted on the Labour Code are described. In the author’s view, the provisions on leave do not differ according to the laws governing the profession of advocate, bailiff, notary or solicitor. The derogation concerns only the provisions applicable to officers or soldiers. In the author’s view, all procedures should be standardised.

Often the implementation of the order to strictly interpret the provisions of social insurance law in the judicial process of applying the law (justice in these cases) encounters a number of difficulties. The study illustrates these difficulties on the example of the decisions of two resolutions of the enlarged composition of the Supreme Court in social insurance matters, breaking the existing established jurisprudence of this Court.

On October 27, 2022 at the Faculty of Law and Administration of the University of Opole held a national scientific conference entitled 'Temporary incapacity to work due to sickness' organized in cooperation with the Branch of the Social Insurance Institution in Opole, by the Department of Labor Law and Social Insurance of the University of Opole and the Lower Silesia Branch of the Polish Social Insurance Association. The event was attended by academics, employees of the Social Insurance Institution and representatives of the legal profession. The aim of the conference was to analyze the theoretical and practical aspects of the institution of temporary incapacity to work due to sickness.