Labour and Social Security Journal 2/2024

The aim of this article is to answer the question of what relevance, in the context of a trade union's access to information on the parameters of labor-management algorithms, is the circumstance of their status as business secret. Due to the fact that the characterized category of information has the status of information necessary for the conduct of trade union activities in terms of Article 28 of the Act of 23 May 1991 on Trade Unions, the simultaneous qualification of it as a business secret does not, in principle, constitute an independent basis for refusing to provide it. The exception is when such a demand is formulated in violation of the law. The qualification of information on the parameters of labor management algorithms as a business secret determines the specific regime for dealing with it and liability for committing violations in this regard.

The COVID-19 pandemic period proved to be a difficult test for air traffic management systems in countries around the world. During this period, discussions on the acceptability of the use of Single Person Operations (SPO) intensified. In Poland, the use of SPO has been possible since 2012. In 2020, there was an extension of its use, which became the main background of a widely reported conflict in the public space between the Polish Air Navigation Services Agency (PANSA) and representatives of air traffic controllers. The purpose of this article is to present the problems and risks of using of SPO in the work of air traffic controllers in Poland based on a recent collective dispute in this area and an attempt to assess SPO from the perspective of work safety, and, more specifically, on the rights in this area, the exercise of which, due to the application of SPO, may be severely limited. The considerations take into account data on SPO contained in the Information on the results of the Supreme Audit Office of Poland (NIK), The activities of the Polish Air Navigation Services Agency and the supervision of authorised bodies over these activities.

Abstract One of the most recent amendments to the Labor Code (the Act of December 1, 2022 amending the Labor Code and certain other acts, Journal of Laws 2023.240 of 2023.02.06) permanently introduced remote work into the Polish legal order. With this amendment, the legislator also introduced changes to pragmatic laws granting supervisors (and persons authorized by them) the authority to order officers of certain militarized services to perform service remotely. The article presents an analysis of the latest provisions of these pragmatics in the scope regulating orders to perform remote service. The new regulations were added to the particular pragmatic laws with the amendment of the Labor Code. However, their form is more reminiscent of the (in force until recently) provision of Article 3 of the Law of March 2, 2020 on special solutions related to the prevention, prevention and combating of COVID-19, other infectious diseases and emergencies caused by them (Journal of Laws of 2021, item 2095, as amended). The manner in which the pragmatic laws are regulated shows that service performed remotely is not intended, by definition, to be an alternative to service performed in the traditional form. Instead, it is intended to create a solution used only in emergency situations. The decision on the rationale for issuing an order to perform service in remote form is left to the sole discretion of the officers' superiors (or their designees).

This article is devoted to the issue of the principle of an accurate disciplinary response in cases involving members of the civil service corps. It contains, in theoretical terms, the standards of adjudication in such cases by disciplinary committees. The principle of an appropriate disciplinary response is of central importance in this matter. It applies to both acquittal decisions and punishment decisions. The applicable provisions of the Civil Service Act are characterized by significant legal loopholes in this respect, hence a number of de lege ferenda postulates in this study.

The paper analyses the reasoning provided in the judgment of the Court of Justice of the European Union of 30 March 2023, C-34/21 (Hauptpersonalrat der Lehrerinnen und Lehrer beim Hessischen Kultusministerium), which is the first ruling of this court containing an interpretation of Article 88(1) and (2) of GDPR, being the so-called "data processing agreement clause" addressed to Member States in relation to the processing of personal data in the context of employment. The author's considerations cover both the personal and material scope analysed by the CJEU and, primarily, an assessment of the proposed line of interpretation of the concept of "more specific rules" that may be adopted by Member States.

This paper focuses on analysing the institution of the interim injunction securing a claim for declaring the notice of termination of an employment relationship ineffective or a claim for reinstatement. In specific, the following questions have been analysed: conditions for granting the injunction, the issue of serving and enforcing the court's order granting the interim injunction and the possibility of terminating the employment relationship while the interim injunction is valid. In addition, the paper provides an answer to the question of whether an employee who has been granted the interim injunction may effectively claim for remuneration for the entire period of unemployment. The paper also refers to the specifics of the fixed-term employment contract when applying the interim injunction, as well as provides an analysis of a case in which an employer refuses to accept back an employee who has been granted the interim injunction from the perspective of the penal law.

The subject of the study are the findings of the Supreme Court's jurisprudence regarding the admissibility and permissible scope of a court settlement in labour law cases. The judgment was discussed in more detail, in which it was pointed out that raising the employees' right to paid holiday leave to the rank of an EU fundamental right calls into question the adequacy of the current jurisprudence of the Supreme Court, which considered it permissible for an employee to waive compensation for unused leave in a settlement if, by concluding the settlement, avoided serious moral and financial consequences incurred by an employee whose employment contract was immediately terminated due to his fault.

On October 26, 2023, the Tenth Szubert's Seminar was held in the courtroom at the Faculty of Law and Administration of the University of Lodz, organized by the Department of Labor Law, the Department of European, International and Collective Labor Law of the University of Lodz and the Cooperante Polish Scientific Network of Labor Law and Social Security. The meeting was devoted to the issue of the professional situation of university teachers, primarily in the context of the Law of July 20, 2018. – Law on Higher Education and Science.