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Prof. dr hab. Zbigniew Hajn
ORCID: 0000-0001-7755-6187

Professor of law. Head of the Department of European, International and Collective Labour Law at the University of Łódź. The retired judge of the Supreme Court. Author of numerous publications on labour law.

 
DOI: 10.33226/0032-6186.2025.6.2
JEL: K31

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.

Keywords: collective bargaining; collective agreement; collective accord other than collective agreement; collective bargaining party; collective bargaining capacity; collective dispute; notification
DOI: 10.33226/0032-6186.2024.5.4
JEL: K31

In the judgements in Cases C-587/20 and C-356/21, the Court of Justice formulated the guiding thesis that the scope of the Directive 2000/78 was determined by its objective of eliminating all obstacles based on discriminatory grounds to access to a livelihood and the ability to contribute to society through work, whatever its form. These rulings bring two new elements to the existing concept of protection against discrimination in employment and occupation. The first is the extension of protection beyond the circle of employment and self-employment; the second is the recognition of the mainly personal work of the self-employed person, and not their dependence on a contractor, as a feature of the exercise of gainful activity necessary to bring them within the protection of Directive 2000/78. It seems reasonable to expect that the criterion of mainly personal work and the extension of protection beyond the boundaries of employment and self-employment relationships will apply to other EU equality acts that contain wording similar to the provisions of Directive 2000/78.

Keywords: Directive 2000/78 EC; scope of protection; self-employment; work
DOI: 10.33226/0032-6186.2022.10.2
JEL: K31

The article concerns the concept of legal entity in Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of whistleblowers under Union law. The main issues that need to be clarified in order to legally characterise this concept are its relation to the concepts of legal person and employer and the legal form of its functioning. The author discusses these issues by deriving conclusions from the characteristics of the legal relations into which the legal entity enters in relation to the role assigned to it in the Directive and from the nature of its legal rights,  duties  and  responsibilities. As a result, he concludes that the Directive does not impose a specific legal form on the legal entity. He considers, however, that it is justified to adopt the principle, not excluding the necessary exemptions, that national law links the attribute of a legal entity to organisational entities having legal personality or equivalent legal capacity.

Keywords: Legal entity; legal person; employer; whistleblowing; group of companies