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Dr Małgorzata Grześków
ORCID: 0000-0002-8449-898X

Attorney at law, Assistant Professor at the Faculty of Law, Administration and Economics at the University of Wroclaw. Her research interests include personal rights in employment relations, employment relations in militarized services and business aspects of employment. Author of several articles, professional articles, and other scholarly contributions.

 
DOI: 10.33226/0032-6186.2024.2.4
JEL: K31, K23

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).

Keywords: service performed remotely; militarized services; administrative employment; remote work
DOI: 10.33226/0032-6186.2021.6.6
JEL: K31, K22

The rules of employing managerial staff, despite numerous voices in the literature about the need to regulate them, have not yet been included in the regulation eliminating the existing state of uncertainty. The article presents an analysis of the admissibility of employee employment of majority partners of limited liability companies based on the judicature statements. The existing jurisprudence consistently accepts the inadmissibility of employing an employee partner of a single-person limited liability company in this company. On the other hand, situations where, in addition to the dominant partner, are also problematic in terms of legal classification, there is also a partner or partners whose total share in the company is so small that it can be assumed that it does not affect the functioning of the company. In the latest judgments there is a noticeable tendency to use the so-called "Illusory partner", which requires the adoption of the legal fiction of the existence of a one-person partnership despite the formally multi-person entity. The question is, therefore, what is the ratio of shares in the company's capital that a shareholder becomes almost the sole shareholder, and the remaining shareholder becomes an "illusory" shareholder.

Keywords: employment contract; limited liability company; employment of managerial staff; illusory shareholder; jurisdiction