Labour and Social Security Journal 09/2022

The author analyses the constitutional aspects of exercising administration of justice in labour matters. Assuming that the constitution gives the highest rank to human work, and thus also to the related legislation, and the primary law of the European Union refers to the same systemic principles, the author notes that with regard to meeting basic employees' rights the law may interfere only to the extent necessary for implementation of specific constitutional values and principles. He emphasizes that the formalism (rigidity) of extensive and not always coherent regulations of labour and social security law should be soothed by a judges' conscience. It is about establishing case by what can be defined as just conditions of social cooperation.

The article is devoted to the problem of understanding labour protection regulated in art. 24 of the Constitution. The author advances the thesis that the constitutional protection of work is not limited only to the implementation of the protective function of labour law, but has a much wider scope of impact, also affecting economic relations. The subject of protection of the analyzed provision is work as a value in itself. According to the author, labour protection becomes a factor determining the way of defining the social market economy, as this provision cannot be understood in isolation from other constitutional norms that shape the economic system. Labour protection understood in this way contributes to more effective protection of the employee, taking into account also the interests of employers as participants of the labour market, providing work.

The article concerns a legal status of a trade union organization in a enterprise. The publication shows a genesis of a creation of union structures in companies. It concerns a situation of trade unions after the Second World War. The author analyzes a number of regulations concerning the status and competences of a trade union organization. She draws attention to the long-term process that influenced the current status of trade unions in companies. She emphasizes the role of trade unions in a system employee representations. Many of the union competences comes from the previous regime. This, of course, affects the conduct of a social dialogue in the social market economy. She calls for changes to be made to relations between trade unions and employers.

Pursuant to Article 86 of the Civil Procedure Code (CPC) parties may represent themselves or be represented by an attorney in cases under labour, employment and social insurance law. There are, however, a number of separate specific regulations in those cases. Most significantly, Article 465 of the CPC expands the group of people who may be attorneys in this special proceedings. As a rule, the ability to appoint a representative is excluded when the State Treasury or any other legal entity is represented by the General Counsel to the Republic of Poland. In such a case, the representation activities are performed by the counsels and court referendaries at the General Counsel to the Republic of Poland, as well as its President and vicepresidents. They are authorised to act under the statute and they need to present their service identity card to represent their principal.

Local government units are entitled to establish independent public health care institutions. They are separate entities with their own legal subjectivity, but at the same time, their functioning is largely dependent on the creating entity and limited by its competences. Independent public health care institutions are managed individually. Legal regulations related to the employment of their managers raise many doubts. The aim of the article is to analyze the employment a manager of an independent public health care institution under the employment relationship.

The aim of the article is to explain how to understand a unduly received benefit within the meaning of the provisions of the Act of 12 march 2004 on Social Assistance, especially because the legislator also defined very similar phrases in other legal acts and in each of them is understood differently. In the author's opinion, since the legislator introduced different legal definitions of the same or similar phrases, administrative authorities should take these differences into account in the practice of applying the law. Moreover, this issue must be noticed in the jurisprudence of administrative courts. The article is an attempt to answer the question whether the use of analogies and auxiliary use of other definitions in matters relating to the unduly received benefit is permissible.

In the recruitment of local government employees, the basic criterion is primarily qualifications, but also knowledge, skills, general abilities and predispositions. The process of employment policy of employees in local government units is extremely important for this sector to function properly: to pursue its objectives and be effective in its actions. The increasing importance of employees in local government administration units is also influenced by increasing social expectations. The process of capturing employees of local government units is complicated process and consists of many stages. The aim of the article is to show the mechanisms of employing and selecting local government employees. The article is a preliminary analysis of the process of employment policy of local government employees.

The author presents the jurisprudence of the Supreme Court on the admissibility and conditions of non-competition after termination of employment under a mandate contract or services contract, to which the provisions on mandate apply. She presents in detail the latest judicature of the Supreme Court relating to including the compensation in this respect in the calculation base for social security and health insurance contributions.