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dr hab. Monika Gładoch, prof. UKSW
ORCID: 0000-0001-9814-5627

Dr hab. Monika Gładoch, prof. UKSW, associated professor and head of the Department at the Labour Law Department at the Faculty of Law and Administration of the University of Law and Administration at the Cardinal Stefan Wyszyński University in Warsaw, legal advisor, vice-chairman of the Labour Law Codification Commission in 2016–2018, author of several comments, monographs and 60 other publications of labour law.

 

 
DOI: 10.33226/0032-6186.2022.9.4
JEL: J50, J51, J52

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.

Keywords: trade unions; company trade union organization; social dialogue; employee councils; special protection of the employment relationship; participation in management
DOI: 10.33226/0032-6186.2020.7.1
JEL: K31

The COVID-19 pandemic raises the need for greater protection of employees against illness. Employers on a massive scale began using temperature control methods and virus tests. There was a discussion in the public space about the admissibility of control to the protection of the right to privacy. The author of the article draws attention to the values protected in law and their significance in a situation of social danger.

Keywords: COVID-19; control; contract of employment; right to privacy; health and safety at work
DOI: 10.33226/0032-6186.2019.10.4
JEL: J70, J71, J83, K15, K31

Unlawful behavior of the employer or superiors at the workplace causes an employee's illness, this is a result of prolonged stress. The Labour Code provides for specific regulations aimed at limiting pathological situations in the work. The employee has a claim for compensation for mobbing, discrimination, including harassment. He also has the right to pursue claims under the provisions of the Civil Code. Perhaps is this the better way of redress, mainly because of evidence problems. Not all unlawful behavior at work is mobbing or discrimination. In addition, experience of theory and practice of civil law of the compensation for health problems, are extremely helpful in the process.

Keywords: stress; health disorder; mobbing; staff burn-out; compensation; causation