Labour and Social Security Journal 3/2025

The elaboration is dedicated to new employers' duties concerning the ban on the preparation for the dismissal of employees, and the ban to apply measures equivalent to dismissal. Both institutions have been introduced in the course of the transposition of the Directive 2019/1152 and the Directive 2019/1158. Author analyzes the Directives and the Labour Code provisions on the protection of employees who make use of transparent and predictable working conditions and rights connected to parenthood. In Author's opinion, the amendment of 9 March 2023 made Polish regulations on protection against dismissal more complicated. At the same time, in practice the new provisions only to a limited extent improved the employee situation. However, enacting these regulations was necessary due to the Member States' obligation of correct implementation of the European Union law.

The issue of protection of whistleblowers in Poland has taken on particular importance in the context of the Directive adopted in 2019. Directive (EU) 2019/1937 of the European Parliament and of the Council on the protection of whistleblowers, Dz.Urz. UE L 305/17. The purpose of the Directive was to introduce minimum standards for the protection of whistleblowers from potential retaliation and to create appropriate channels for receiving reports. In June 2024 (after over 2 years of delay), the Whistleblower Protection Act was issued in Poland. The article presents one of the problems related to the implementation of the Directive (which was noticeable during legislative work in Poland) – the issue of the designation of authorities competent to receive external reports. It outlines the requirements placed on such authorities by the Directive and the solutions adopted by selected Member States, including Poland.

Abstract The article presents considerations on employee subordination, analyzed from the autonomous and technological subordination perspective. The concept of autonomous subordination is already known in the case law and the Polish labour law doctrine. The idea of autonomous subordination was formulated by the Supreme Court in the judgment of September 7, 1999, I PKN 277/99 and was maintained in the Supreme Court's case law for years to come. Technological subordination, on the other hand, is an entirely new global phenomenon originating from algorithmic management. For the purposes of this article, it is assumed that technological subordination- also referred to (with some necessary simplification) as algorithmic subordination – means that, thanks to the latest technologies and appropriate algorithms, employers have acquired entirely new and previously unknown tools for exercising authoritative influence over employees. The article's authors attempted to examine how employee subordination is currently shaped, considering autonomous subordination and technological (algorithmic) subordination, and to determine whether these two concepts of subordination can coexist or are opposed to each other. Conducting in-depth analyses in the outlined research area (also beyond the scope of this text) is important for several reasons. Firstly, there is a lack of clear regulations about employee subordination as the most important structural feature of the employment relationship. Secondly, the understanding of employee subordination changes due to dynamic socio-economic changes. Thirdly, due to the fact that the concepts of autonomous subordination as well as technological subordination can be considered not only in employment relationships, but also in non employment work relationships. In the summary of the conducted research, the article's authors included de lege lata conclusions and proposed considering the introduction to the Polish Labour Code of an intermediate category between an employment relationship and non-employment civil-law work.

This article is the second part of a study on the issue of the recalculation of the pension on reaching the age of 65. The first part characterises the mechanism of this operation and its impact on the amount of the benefit received so far. The second part of the study contains reflections on the premises for the application of the recalculation. First of all, the problem of omission of a part of women, to whom the pension recalculation should be addressed, is analysed. The reflections concern both the interpretation of the regulations in force as well as the axiological justification of the analysed regulations. The analysis leads to the conclusion that there has probably been a violation of the constitutional provisions consisting in the arbitrary omission of a part of women when recalculating the pension. The entire study is concluded by outlining possible scenarios for further development of the analysed issue - from legislative passivity to exclusion from the system of an institution which, in the authors' opinion, should not be introduced into it.

Persons moving within the Community are subject to the social security scheme of only one single Member State, generally of this in which the person concerned pursues his activity. However, this solution does not meet the expectations of mobile workers and their employers in many cases. Article 16(1) of Regulation No 883/2004 provides for the possibility of determining a different social and legal status by concluding an agreement. The subject of this paper is to identify and discuss legal problems relating to: 1) entities entitled to submit an application for the conclusion of an agreement, 2) "interest of certain persons or categories of persons" as a premise allowing its conclusion, 3) its parties and consequently also its legal nature, and 4) legal remedies available to interested parties in the event of a refusal to conclude it.

The research intention undertaken in the paper is to analyze and evaluate regulations related to the use of AI systems in the form of automated decision-making, including profiling for employee recruitment, and then attempt to identify potential risks associated with their use in practice. In the paper a comparative legal method was used.

The article discusses the case law of the Supreme Court, with particular reference to the judgment of 17 October 2024, I PSKP 40/23, in relation to the issue of the bases of liability of the temporary employment agency and the user employer towards the temporary employee for breach of health and safety obligations.

The CoJ judgements in question address the issue of ensuring the effectiveness of a worker's fundamental right to limit maximum working hours and daily and weekly rest periods by establishing an employer's obligation to record the working time of each worker.