Labour and Social Security Journal 7/2020
Publication date: 2020
Place publication: Warszawa
The COVID-19 pandemic raises the need for greater protection of employees against illness. Employers on a massive scale began using temperature control methods and virus tests. There was a discussion in the public space about the admissibility of control to the protection of the right to privacy. The author of the article draws attention to the values protected in law and their significance in a situation of social danger.
Without a doubt, the right to remuneration is one the key rights of an employee. What is more, the problem of remuneration in the doctrine of labor law is vast and complicated. Said issue is related to the fact that the rules in which the amount of the remuneration is established, can be found in many acts of law, such as statutes, collective bargaining agreements, remuneration agreements as well as employment contracts. The article elaborates on select issues relating to the establishment of rules of remuneration which are both — controversial and up to date. The article elaborates on the establishment of remuneration of Supreme Court Justices as well as academic teachers in Poland. The author argues that not only are the employers in violation of the rules pertinent to the establishment of the rules of remuneration, but so is the legislative body. Notwithstanding the main theme of the article, it needs to be highlighted, that the one rule that is to be appreciated and respected by all parties is the non-discrimination principle.
Due to the observed and forecasted demographic changes, the author formulates the thesis according to which dependent people's housing communities, being an alternative to institutional care, could be helpful in solving the demographically conditioned problem of insufficient access to informal long-term care. This thesis is developed by presenting the instruments adopted in German nursing insurance aimed at supporting the creation and functioning of dependent people's housing communities. Against this background there will be critical analyzed the regulation concerning the creation and functioning of family welfare home as a special form of care and living services regulated in Polish social assistance law, which could form the basis for creating dependent people's housing communities.
In the article, the author examines the rules on thetermination of the employment relationship in connection with the death of the employer who ran the enterprises. However, labor laws provide that employment relations, despite the death of the employer, do not expire in the event of: the transfer of the workplace to a new employer, the establishment of a succession board at the death of the employer, and in the case of not the establishment of such a board of directors, the employment relationship generally expires 30 days after the death of the employer. In this legal state, it may happen that the employment relationship will exist despite the physical absence of the employer. Removing this defect requires a change in the rules, and until then the author proposes to adopt the concept of a substitute employer, which is the municipality or the State Treasury.
The subject of the article is the analysis employee's claims in the case of unlawful termination of a labour contract without notice, when the contract was previously unlawful terminated by notice. The author presents the changing approaches of case law to the possible aggregation of claims and proposes her own solution to the above issue.
The regulation regarding mobbing was introduced into the Polish Labour Code by the Act of 2003. Since then, the issue of responsibility has been the subject of numerous analyses in doctrine as well as jurisprudence. Despite this, it can still seem controversial or arguable in many aspects. In 2019, the legislator decided to introduce a significant change in the conditions for the employer's liability in this respect. This article presents the issue of claims against the employer under the discussed title, and outlines issues enlisted in doctrine in this regard. Definite remarks were preceded by a brief outline of the content of the concept of mobbing in the Polish Labour Code.
In the judgement of 23 April 2020 in case C-507/18 the Court of Justice of the EU ruled on the scope of Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation, possible limitations to the exercise of freedom of expression justified by the prohibition of discrimination based on sexual orientation, and the right of the association to bring legal proceedings for the enforcement of obligations under that directive.
The author presents the jurisprudence of the Supreme Court with regard to the issue of formal defectiveness of termination of an employment contract with notice or its termination without notice by the employee.
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