Restatement of labour law in Europe. Volume I: The concept of employee (original) (raw)
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In Poland, labor law is now an independent branch of law (within a uniform legal system). The employment relationship is a central concept in Polish labor law. This relationship has a specific legal character, which distinguishes it, e.g., from civil law, administrative law, and criminal law relationships. In the Polish legal order, employment does not must have an employee character (within the employment relationship). This chapter is devoted to Polish national regulations concerning employment contracts and collective labor agreements, with particular emphasis on their power to shape legal relationships. The content of the chapter shows the relationship between the individual and collective labor law. An analysis has been made of the compliance of Polish regulations on employment relationships with EU law. It also presents selected current regulatory issues of Polish labor law through the prism of issues concerning the formative power of an employment contract and a collective ag...
Principles of Polish labour law in the multi-level legal framework
Dereito: Revista xuridica da Universidade de Santiago de Compostela, 2013
Basic principles of Polish Labour law appear both in the Constitution and in a separate chapter of the Labour Code. As norms of more general character they may (and do) serve as an important tool in interpreting specific provisions of this branch of law. Many of them have their counterparts in the fundamental rights or standards regulated in various international and European conventions. This article is presenting these principles and also shows, on the basis of two examples referring to the right to strike and freedom of association, that given a broad international context, their interpretation may be broadened or modified. At the same time existence of various systems of protection of worker's rights present a challenge for national systems and for employers and workers themselves.
The regulation of the employment relationship and the re-emergence of the contract of employment
Journal of South African law, 2010
Parties to an employment relationship increasingly prefer to utilize the employment contract as a cause of action over statutory remedies. This development brought the employment contract forward again. There are three problems with the contract. First, the inequality of the parties to it. Second, the contract entails a form of status that is separate from the express agreement between the parties. Thirdly, the contract is more important for the employees than for the employers as the social and economic prosperity of employees is based on the existence and improvement of the terms of the contract. It is in this context that two important questions arise. Is the current employment relationship status or contract oriented and does the South African labour law system succeed in correcting any defects in the contract? In order to answer these questions, the authors examine the development of the above problems since the beginning of the industrialization period as well as the methods used in South Africa to regulate the relationship. With regard to the development of the above problems, the purpose of labour law, namely the protection of workers, is contrasted with the need of employers for a flexible employee-employer relationship. The balancing of these interests is advocated. With regard to the primary regulatory methods used in South Africa (namely legislation, collective agreements and the employment contract), the phenomenon of atypical employment relationships together with the growth of the informal economy as well as the inherently unstable nature of collective bargaining is emphasized. However, the common law employment contract is presented as a solution. The protection of employees can be increased through the application of principles of the common law, while the observable shortcomings of the employment contract can be rectified by the courts in accordance with the courts' constitutional obligation to develop the common law if necessary. The employment contract is therefore still pertinent, unique and one of a kind and it is therefore argued
Labour-law Basic Terminology Based on the Polish Labour Code
Półrocznik Językoznawczy Tertium
The paper discusses two approaches to compiling lists of labour-law basic terminology (BT): a frequency-based approach and a concept-based one. The purpose of the paper is to compare each of the methods based on two sets of basic terminology selected in accordance with them. Using the first method, terms are selected via an automatic search of keywords and terms and organised according to frequency with the use of Sketch Engine. The second means of term extraction is a concept-based approach in which terms are selected based on the table of contents of the Polish Labour Code, which, for the purposes of the study, is assumed to outline the terminological system of Polish labour law. The results of this research are reviewed from the viewpoint of terms’ frequency, the number of words they consist of, systemic relations between terms in the labour-law terminological system, and potential users and their needs. This has allowed the author to draw a few conclusions as to the characterist...
LEGAL CONDITIONS FOR EMPLOYMENT OF FOREIGNERS IN POLAND IN THEORY AND PRACTICE
Zoon Politikon Issue 10, 2019
The article discusses the problems faced by employers and foreigners in the procedures for obtaining work permits. Among others, there is a lack of information for employers, a lack of information in languages understood by foreigners , an insufficient offer of free consultations, non-transparent procedures, long queues, extended deadlines for processing applications. The article based on an analysis of law, the author's observations and research report data.
2019
The Labor Law issues constitute a subject of the numerous bilateral and multilateral treaties. They have an important role in the system of Labor the Law sources. In regard to the bilateral treaties, Treaties of Friendship and Cooperation (so called political treaties) play significant role, not only because they reflect the priorities of one state’s foreign policy through definition of its territorial scope of interest, but also they indicate the areas of the particular interests of the parties. Poland, after the transformations of 1989–1990, entered into this type of treaties with the former socialist republics of the Central and Southern Europe established after the USSR dissolution, and – what constituted a novelty in Polish treaty policy – with the Western European states (France, Spain, Germany and Italy), and also with the countries included in this group for the political, not geographical reason: Greece and Turkey. Analysis of these treaties shows that the most of the labor references were used in the political treaty with a neighboring state, Germany. What is more, this field of cooperation was given its adequate rank and significance. Favorable solutions have been included in the treaties with Greece, Spain and Italy. The least consideration for the labor issues was given in the treaty with Turkey, as it includes only one provision, similar to the treaties with the other states, that deals with supporting the direct contacts among the trade unions.
Collective Agreements in Poland in the Light of International Labour Standards
Studia z zakresu Prawa Pracy i Polityki Społecznej
The paper presents the concept of the collective agreement, trade union representativeness, and the subjective scope of collective agreements in Polish law in the light of international labour law. In the author’s opinion, a better adaptation of the Polish legislation relating to agreements between the social partners on working conditions to international standards by classifying as collective agreements all agreements concluded by representative trade union organisations would remove disputes and uncertainty about their legal effects and would contribute to increasing the scope of collective bargaining. A modification of the provisions on work and pay company regulations would also serve this purpose. In addition, the author suggests changes in the provisions extending the personal scope of collective agreements to workers performing work outside the employment relationship by separating the group of solo self-employed workers belonging to the “grey area”between employees and self...