Praca i Zabezpieczenie Społeczne 06/2025

The presented article concerns proposed changes to labour law related to the proposed Act on Collective Labour Agreements and Collective Accords. The aim of the study is to present selected problems related to the legal regulation of collective bargaining and collective agreements and to consider how and to what extent they have been resolved in the draft act. Among other things, this concerns the concept and scope of collective agreements, their relationship to company regulations, the relationship between collective bargaining and labour dispute regulations, the parties to collective bargaining and their bargaining capacity, the personal scope of collective agreements, the notification of these agreements and the control of their legality, as well as the state's support for collective bargaining. After considering the above, the author comes to the conclusion that the content of the proposed Collective Labour Agreements and Collective Accords Act requires further work and in-depth discussions.

The applicable provisions of the Act on Medical Activity provide for special rights of employees of certain medical entities in terms of jubilee bonuses, seniority bonuses and retirement and disability benefits. However, they do not regulate the principles regarding the determination of periods on which the acquisition of the right to these benefits depends and their amount. Their determination is left to the employer in the case of independent public health care facilities. In the case of medical entities in the form of a budgetary unit, they are specified in the regulation. The article analyses the impact of the proposed changes to the Labour Code regarding the inclusion of periods other than employment in the length of service on the regulations applicable to employees of these medical entities.

Clientelism seems to be one of the causes of unequal treatment in the case of living in society today. Unlike private power, in public decisions, which cannot be linked to executive devices, hence there is a separate temptation to move on their own financial goals, which are not used for devices. Additionally, clientelism has not been introduced in the laws on exemplary reasons for discrimination. It is not identical with the discrimination listed in the Labor Code for political directors as these are not always visible about establishing a client-patron connection. Modern political solutions are available, which are non ideological in nature, their purpose is exclusively and customer service, it is also not easy to implement, and an attempt in this direction is focused on specific criteria. The effect of applying protection to persons reported to it is to be in employee cases regarding compensation waiver of its diagnosis, and to stop at the state of unequal treatment without an objective reason for this.

Technological changes and the development of artificial intelligence tools are having an impact on the labour market and new employment models. Artificial intelligence solutions are emerging that limit the role of humans in managing and monitoring employee work. The use of algorithms in the workplace allows for the objectification of the conditions under which decisions are made regarding employees, but at the same time, they can reduce employee protection in terms of working conditions through system errors, lack of knowledge about the functionality of the system, or lack of transparency in the use of algorithmic management. This article, which uses a formal dogmatic method, analyses the principle of algorithmic transparency in the use of automated decision-making and monitoring systems under the Platform Directive and points to the challenges associated with implementing this regulation into the Polish legal system.

The text concerns a fragment of Article 8(2a) of the Act on the Social Insurance System relating to the meaning of the phrase "for the benefit of the employer." The regulation has raised many doubts for years. The author characterizes the most important threads related to the selected fragment, referring, sometimes critically, to existing statements of doctrine and jurisprudence, formulating de lege lata and de lege ferenda conclusions.

This article provides a critical analysis of the Polish Supreme Court's resolution of 16 September 2020 (ref. no. III UZP 1/20), concerning the interpretation of the concept of "service for the totalitarian state." The article's purpose is to show that the interpretation adopted by the Supreme Court, although motivated by just axiological premises, raises significant questions about its adherence to the established limits of judicial interpretation. The main thesis of the gloss suggests that the Supreme Court's position-which mandates an individual assessment of a functionary's actions rather than relying on formal affiliation with the institutions listed in the act-significantly departs from the literal wording of the act and the legislator's intent, bringing it close to an interpretation contra legem. The author suggests that in creating a new legal norm, the Supreme Court is operating on the borderline between judicial and legislative competences. The article also highlights the internal inconsistency the resolution introduces into the legal system, where pension authorities and courts apply different assessment criteria. The author concludes that the Court's action, while an attempt to respond to a constitutional crisis, highlights the existing tensions within the principle of the separation of powers and raises questions about the long-term effects of such an approach on the stability of the legal order.

The author discusses the latest Supreme Court rulings, which refer more broadly to the issue of discrimination by association (discrimination based on affiliation) and, at the same time, comprehensively explain the basis and scope of an employer's right to establish a dress code for employees.

On December 7, 2024 in a hybrid formula (on-site and on the TEAMS platform), the 7nd National Scientific Conference of the "Non-typical employment relations" series was held on the subject of "The problem of the scope of statutory regulation of atypical forms of employment on the example of outside employment and platform work ". The conference was organized by the Center for Non-typical Employment Relations operating at the Faculty of Law and Administration of the University of Lodz, headed by prof. UŁ dr hab. Tomasz Duraj.