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Prof. dr hab. Krzysztof Baran
ORCID: 0000-0001-5165-8265

Head of the Department of Labour Law and Social Policy at the Jagiellonian University, member of the Polish Scientific Excellence Council, Senior Partner in the law firm specializing in labour law, author of more than 200 publication embracing several monographs and commentaries, editor– in- chief the Polish Labour Law System.

 
DOI: 10.33226/0032-6186.2023.10.4
JEL: K31

Article 7555 of the Code of Civil Procedure, which was introduced in June by the Act on bridging pensions, amending certain other Acts, introduces important extensions of the mechanism of protecting the claims of particularly protected employees related to claims for the ineffectiveness of termination or returning the employee to work. Due to its essential importance for the functioning of employment relationship, the new provision requires deeper reflection sine ira et studio in the dogmatic aspect. It is doubtlessly a manifestation of the realisation of the protective function of procedural labour law, whose aim is to strengthen the position of employees who are particularly vulnerable to the termination of employment relationship in the course of long-lasting court proceedings. In the light of this normative regulation, the question arises whether this function has not been unjustifiably and excessively extended and whether its consequences will not result in aspecific employee immunity for certain groups of employees. This might, as a result, disturb the homeostasis between the parties to the employment relationship.

Keywords: Particularly protected employees; securing claims by order to continue employment until the judgment becomes valid; Labour Court
DOI: 10.33226/0032-6186.2022.8.4
JEL: K31

The article discusses draft of the amendment to the Polish Labour Code regarding collective agreements on remote work. The paper discusses the rules for conclusion of the given collective agreements by trade unions and employers. On the theoretical level the author scrutinize its legal consequences for the system of collective employment law.

Keywords: remote work; agreement on remote work; sourcesof labour law
DOI: 10.33226/0032-6186.2022.7.2
JEL: K31

The article is devoted to models of trade union association of officers employed on an administrative basis. This mainly applies to officers of the Police, Border Guard, Prison Service and the Customs and Tax Service. The statutory changes of 2019 introduced mechanisms of qualitative pluralism to the organization of trade unions of these groups of officers.

Keywords: trade unions; union pluralism; officers of the Police