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Właściwość miejscowa rzecznika dyscyplinarnego uczelni w postępowaniu w sprawie deliktu dyscyplinarnego popełnionego przez byłego nauczyciela akademickiego

Author(s): Jadwiga Stawnicka,Kamil Jadczyk,Kazimierz Marszał / Language(s): Polish Issue: 2/2020

The basis for disciplinary liability of academic teachers lies in the provisions of the Higher Education and Science Act of July 20, 2018. According to Article 275 § 1 of the Act, an academic teacher is subject to disciplinary liability for a disciplinary offense constituting an act that infringes the duties of an academic teacher or the dignity of the academic teacher’s profession. In turn, according to Article 275 § 2 of the Act, termination of employment at the university does not exclude disciplinary liability for a disciplinary misconduct committed in the course of that employment. The interpretation of this provision leads to the conclusion that both a person employed at the university and having the status of an academic teacher on the date of instituting disciplinary proceedings, and a person not employed at the university who had the status of an academic teacher in the past and lost it as a result of termination of their employment in higher education may be subject to disciplinary liability. The subject of this article are issues concerning the jurisdiction of the local disciplinary proceedings representative of the university conducting an inquiry into the disciplinary responsibility of a former academic teacher. On the basis of the linguistic interpretation of § 2 sec. 2 of the Regulation of the Minister of Science and Higher Education of 25 September 2018 on the detailed mode of mediation, explanatory proceedings and disciplinary proceedings in matters of disciplinary liability of academic teachers, it should be assumed that the firstinstance explanatory proceedings and disciplinary proceedings against a former academic teacher are conducted at a university which in the past employed the academic teacher suspected of a disciplinary offense, and whose rector or disciplinary proceedings representative became aware of an act constituting a disciplinary offense.

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Praca zdalna w kontekście proponowanych zmian w Kodeksie pracy

Author(s): Ewelina Zander-Zięcina / Language(s): Polish Issue: 2/2020

The aim of the article is to present problems related to the performance of from work duties in a hybrid and remote form, introduced on the basis of the current the Covid- 19 pandemic, as well as discussing the concept amending the law.

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Tamamlayıcı Sağlık Sigortası Üretiminde Sigorta Şirketlerinin Gri İlişkisel Analiz Yöntemiyle Performanslarının Ölçümü

Author(s): Enes Akkurt,Muharrem Umut / Language(s): Turkish Issue: 1/2023

Purpose – In the study, it is aimed to determine the performance of companies producing complementary health insurance. Design/methodology/approach – In this study, insurance companies operating in Turkey between 2017 and 2021 and producing complementary health insurance were examined according to the "Gray Relational Analysis" method by using the number of personnel, total assets, equity, technical profit / loss, total income, number of insured and total premium variables. Findings – As a result of the study, it is seen that the companies producing complementary health insurance have increased in terms of the number of companies over the years and their performance has been at the same level. It has been determined that the variables used in determining the performance of the company have an effect on the performance, especially the number of insured persons and the performance of the companies that increase the premium production. Discussion – Today, as for every company, determining the level of performance within insurance companies has become an important issue. The level of performance should be determined in order to make a profit, to insure more insured people, to compete with competing companies. While this research is expected to provide information and equipment for the insured and insurance companies, it is also expected to contribute to the researchers who want to work in this field in terms of literature.

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European Right to Information and Consultation Employees and Employers

Author(s): Andrzej Marian Świątkowski / Language(s): English Issue: 1/2023

The right of employees and, at the same time, the obligation of employers in employment matters was regulated by the European Social Charter modified on 3 May 1996. Employees employed in Member States of the Council of Europe were granted, among others, the right to information and consultation in the establishments where they were employed. With a view to ensuring the effective use of the above rights in enterprises by employees, the modified Social Charter obliges entrepreneurs to inform and consult employees and their representatives – trade union organizations – about all financial and economic matters of the workplace employing them and about draft decisions taken by employers, that may affect the interests of employees. The author, a member and vice-president of the European Committee of Social Rights, analyzes and discusses in this scientific study the implementation and effects of actions taken by member states of the Council of Europe necessary – in the understanding of employees – to achieve the above goal.

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A person with disabilities on the market of banking services

Author(s): Anna Mierzejewska / Language(s): English Issue: 48 (2)/2024

The main purpose of the reflections offered in the article is to present the actions taken by banks to prevent financial and banking exclusion of persons with disabilities. This work describes and characterizes various types of disabilities depending on the limitations they impose in the relationship between a customer with a disability and the bank. Numerous improvements introduced by banks are presented and discussed, both those that must be implemented, i.e. dictated by legislative requirements, and those undertaken on banks’ initiative. This study also discusses guidelines and recommendations of the Polish Banks Association, the application of which is aimed at eliminating restrictions to free access of customers with special needs (here: disabilities) to banks’ product offer or information about it. Achieving the set goal required the following research methods: scientific observation based on a review of available legal acts, literature, studies and source materials from the financial market, along with their analysis and conclusions.

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Employees with disabilities from the perspective of global and European standards

Author(s): Paweł Siejak / Language(s): English Issue: 48 (2)/2024

This article is devoted to the influence of the United Nations, including the International Labour Organization and the Council of Europe, on the creation of standards in the area of protection of the rights of employees with disabilities. The aim of this article is to verify how much the standards of the International Labour Organization and the Council of Europe correlate with the each other in terms of the protection of employees with disabilities. The most important conventions and institutional systems involved in this are discussed. Focus is also given to the monitoring procedure for how Member States fulfil their commitments. This study employs the method of investigation of the law in force and the comparative method.

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OSVRT NA PREDLOŽENE IZMJENE PORODIČNOG ZAKONA FEDERACIJE BOSNE I HERCEGOVINE: TREBA LI UKINUTI INSTITUT ODUZIMANJE POSLOVNE SPOSOBNOSTI?

Author(s): Maja Čolaković,Ramajana Demirović / Language(s): Bosnian Issue: 1/2024

The process of reforming the provisions of the family law related to the institute of business capacity of a natural person is taking place in the Federation of Bosnia and Herzegovina. The goal of this reform is the implementation of the ECHR9s judgement in the case Hadžimejlić and others v. Bosnia and Herzegovina (App. no. 3427/13, 74569/13 and 7157/14; judgment of November 3, 2015). It established a violation of the right to freedom and security (Art. 5. of the European Convention for the Protection of Human Rights and Fundamental Freedoms) due to the fact that the applicants – persons with mental disorders, were illegally housed and detained for an excessively long time in a social protection institution, without periodic review of the decision on that placement. Following the views of the ECHR and the meaning of the provisions of the Convention on the Protection of the Rights of Persons with Disabilities of the United Nations, the Draft Law on Amendments to the Family Law of the Federation of Bosnia and Herzegovina completely abandons the existing institute of deprivation of business capacity, and leaves the institute of limitation of business capacity. At the same time, it innovates that institute as well as includes the court in the procedure of making and reviewing the decision to place a person with limited business capacity in a social protection institution. It is interesting that in some neighboring countries (eg. in Croatia) the institution of deprivation of business capacity had already been abolished, and then incor porated again into the Family Law Act, because its abolition turned out to be an inadequate and impractical solution. The paper will analyze the proposed changes in the Family LawAct of the Federation of Bosnia and Herzegovina, i.e. the arguments for and against the abolition of the institute of deprivation of business capacity will be reviewed.

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Inclusion of the Protective Function into Non-Employee Relationship

Author(s): Łucja Kobroń-Gąsiorowska / Language(s): English Issue: 2/2024

The author analyzes the inclusion of the protective function of labor law in the sphere of non-employment relationship. The main problem analyzed in the article concerns the issue of the universal nature of the protective function of labor law. According to the author, the subject of the protective function are all entities providing gainful employment, which is an added value in terms of the essence of this protection. This value will apply to all forms of performing work, and thus the rights resulting from the performance of work will be universal. The content of the protective function of labor law may be fulfilled by regulations unjustified in the traditional positioning of an employee within the meaning of the provisions of the Labor Code.

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Редът за намаляване с получените осигурителни престации на размера на дължимото от работодателя обезщетение при увреждане на здравето или смърт на работник или служител

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Редът за намаляване с получените осигурителни престации на размера на дължимото от работодателя обезщетение при увреждане на здравето или смърт на работник или служител

Author(s): Hristo Banov / Language(s): Bulgarian Issue: 6/2024

The present study analyses the rules regulated by law regarding the procedure for determining by the court of the amount of compensation owed by the employer for damages, suffered by a worker or an employee, or by their relatives, in the event of damage to their health or life, in cases of an occupational accident or an occupational disease. More specifically, the legal issues have been examined, arising in the establishing of the constituent elements of the basis from which the court is obliged to deduct the compensations and/or social security pensions received by the victim, when determining the final amount of the specified compensation. Thus, a definitive answer to the question has been formulated, related to the contradictory practice of the Supreme Court of Cassation on the inclusion of non-property damages in the minuend involved in the calculation of the sought difference.

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From Discrimination to Dismissal: Navigating Obstacles on the Path to Workplace Justice

Author(s): Jakub Tomšej / Language(s): English Issue: 2/2024

This article explores the challenges faced by employees in the Czech Republic when seeking legal redress in cases of discrimination and unfair dismissal. It emphasizes the importance of accessible legal recourse as a means to rectify individual grievances and reinforce equitable employment practices. In the context of discrimination, the article discusses challenges such as low awareness of anti-discrimination rights and the ancillary nature of sanctions. Recommendations include aligning the Anti-Discrimination Act with the Civil Code, empowering NGOs or the Ombudsman to initiate lawsuits in the public interest, and raising awareness among potential victims. In the section on unfair dismissal, the article outlines the complex process involved in disputing terminations from an employee’s perspective. It discusses obstacles such as complex, costly, and lengthy legal procedures and the requirement for reinstatement. These challenges contribute to the low number of employment lawsuits in the Czech Republic. Recommendations for improvement include enhancing the visibility of court actions, providing free or subsidized legal advice, shifting the focus of lawsuits towards monetary compensation, promoting mediation, and expediting proceedings. The article identifies common challenges in discrimination and unfair dismissal cases in the Czech Republic, highlighting the need for reforms to improve access to justice, reduce financial barriers, expedite legal proceedings, and enhance the dissuasive impact of remedies. These reforms are seen as essential for creating a fair and equitable workplace environment for all employees in the country.

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The Right of Trade Unions to Information in the Era of the Fourth and Fifth Industrial Revolutions

Author(s): Krzysztof Baran / Language(s): English Issue: 2/2024

The dynamic technological transformations that are taking place in the third decade of the twenty-first century, described as the Fourth and even Fifth Industrial Revolutions, pose significant challenges for community partners who act in labour relationships. Transparency and the related right to information are some of the factors that define a democratic state under the rule of law. This also applies to labour relationships as widely understood. The regulations of collective employment law grant various rights in this respect to entities that represent staff, who may, among other things, demand information on the use of artificial intelligence by the employer in the work environment. In the Polish labour law system, the widest scope of competences in this regard is granted to trade unions. This article focuses on the legal and functional aspects that are related to the transfer of this type of data.

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Lack of Transparency in Algorithmic Management of Workers and Trade Unions’ Right to Information: European and Polish Perspectives

Author(s): Krzysztof Stefański,Katarzyna Żywolewska / Language(s): English Issue: 2/2024

The ‘black box issue’ is one of the biggest problems with algorithmic management. The lack of transparency in the operation and decision-making of AI is of greatest concern to those whose data is being processed (including employees). Trade unions, as the organisations that most represent the interests of workers, can play a big role here; however, they need to be empowered. There is a lack of legislation at EU and Member State level to set norms for this issue; the only country that has already introduced such legislation is Spain. The draft Polish regulation refers to the Spanish solutions and seems to be very interesting. It introduces the possibility for trade unions to obtain data from an employer on the operation of AI in relation to the algorithmic management of employees. The authors present this regulation against the background of EU recommendations and previous Polish legislation on the employer’s obligation to provide information. They also identify elements that need to be refined during the parliamentary process in order to make the regulation more effective in protecting workers’ rights.

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Collective Agreements on Working Conditions of Solo Self-employed Persons: Perspective of EU Competition Law

Author(s): Agata Jurkowska-Gomułka,Anna Piszcz,Sofia Oliveira Pais / Language(s): English Issue: 2/2024

The 2022 Guidelines of the European Commission on the application of EU competition law to collective agreements regarding the working conditions of solo self-employed persons apparently introduced a fresh approach towards collective agreements in a gig economy era. The main aim of this paper is to discuss whether the 2022 Guidelines are an appropriate tool to address the problems of solo self-employed persons (i.e. persons who are not in a formal employment relationship and who rely primarily on their own personal labour to provide services) from the perspective of EU competition law. To this end, we first present key competition problems related to collective agreements (section 1). Second, we analyse the regulatory framework for exemptions from competition law, with a view for a potential exemption relevant for collective agreements, as well as an approach to collective agreements in EU case law (sections 2 and 3). Third, the background for adopting the Guidelines, and their goals, is analysed (sections 4 and 5). Fourth, the Guidelines are discussed in more detail in sections 6 and 7 from the perspective of exemptions from Art. 101(1) TFEU. Finally, we examine the relationship between the Guidelines and a proposal for a platform work directive. The article attempts to verify the hypothesis that the Guidelines may be considered a pseudo-development.

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Remote Work Regulations in the EU, Poland and Kosovo with Some Considerations from the Perspective of the GDPR

Author(s): Qerkin Berisha,Aleksandra Klich / Language(s): English Issue: 2/2024

The purpose of this article is to conduct a comparative analysis of remote work regulation in the EU, Poland and Kosovo, also with consideration of issues related to the processing of personal data during remote work. The authors aim to assess the specificities, strengths and weaknesses of both regulatory models, from the point of view of actual and future legal developments. Additionally, given the early stage of regulation, they seek to explore the applicability of EU experiences to Kosovo and to identify potential vulnerabilities that may arise under EU regulation. In this context, they aim to determine whether EU solutions should be considered as models for implementation in both Poland and Kosovo, as well as to analyse the risk of overregulation, which could impede certain employees from exercising their rights to remote work and potentially lead to inequalities in employment. The objective of the regulation should be to strike a balance between protecting personal data and ensuring equality in the workplace. Therefore, the authors try to answer the question of whether the protection of personal data could be subject to an abuse of rights by employers, who might use it as a pretext to deny certain groups of employees the opportunity to work remotely, which is particularly pertinent for individuals with special needs.

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Trade Secrets in the Digital Age: How Do the Measures Provided for in EU Law Face the Challenges of Protecting an Employer’s Trade Secrets against Unauthorised Acquisition, Use and Disclosure by Its Employees?

Author(s): Paulina Korycińska-Rządca / Language(s): English Issue: 2/2024

One of the natural consequences of the development of technology is that an entrepreneur’s confidential information, including trade secrets, is commonly stored in electronic files. This form of information storage inevitably entails challenges in the area of its protection. The coronavirus pandemic has drastically accelerated the process of dissemination of new models of employment, in particular remote (distance) work and cloud working, and has made the protection of an entrepreneur’s secrets against unauthorised use even more complicated. This is due to the fact that in such models of employment, employees obtain access to their employer’s data remotely, which may decrease the employer’s level of control. To remedy this, employers may undertake various steps aimed at ensuring that their secrets are well protected; however, such actions may affect the free movement and mobility of workers. The purpose of this article is to verify how, in these circumstances, the measures provided for in EU law face the challenges of protecting an employer’s secrets against unauthorised use by employees and how they define the scope to which they can be applied without the abuse of employees’ rights and unjustified restrictions on their mobility. For that purpose, the author analyses in particular Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016 on the Protection of Undisclosed Know-How and Business Information (Trade Secrets) against Their Unlawful Acquisition, Use and Disclosure. This research is based mainly on the dogmatic method of analysis.

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Przyczyny obligatoryjnego rozwiązania stosunku służbowego w wybranych służbach mundurowych

Author(s): Mariusz Domżalski / Language(s): Polish Issue: 11/2023

The service relationship of uniformed services officers has several characteristic features that distinguish it from the standard employment relationship. One of them is the unilateral dismissal from service, i.e. the possibility of dismissing an officer from service in the event of a condition specified in the industry act, i.e. the so- called service pragmatics. There are two catalogs of reasons justifying the dismissal of an officer from service, which are divided into obligatory reasons and optional reasons. In the event of an obligatory reason, the authority is obliged to dismiss the officer from service. It is not possible to continue to serve him. This means that dismissal from service occurs independently. Each of the service pragmatics contains a quite extensive catalog of reasons justifying dismissal from service, which concern various reasons circumstances.

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O procedurze i skutkach wycofania zaświadczenia A1 raz jeszcze. Glosa do wyroku TSUE z 16 listopada 2023 r., C-422/22

Author(s): Daniel Eryk Lach / Language(s): Polish Issue: 2/2024

ZUS’s withdrawal of the A1 certificate regarding an employee delegated to work in the EU resulted in practical problems related to including this employee in the appropriate social security system of the place of work. As a result, in its jurisprudence the Supreme Court formulated a controversial requirement to precede the withdrawal of the A1 certificate by ZUS by agreeing with the institution of the place of work on retroactive subjection to the applicable legislation. This position, which is assessed critically in the literature, was rejected by the Court of Justice of the EU in its judgment of November 16, 2023, C-422/22. The Court found that Articles 5, 6 and 16 of Regulation (EC) No 987/2009 must be interpreted as meaning that the institution that issued an A1 certificate which, following a review on its own initiative of the evidence on which the issue of that certificate is based, finds that evidence to be incorrect, may withdraw that certificate without first initiating the dialogue and conciliation procedure laid down in Article 76(6) of Regulation (EC) No 883/2004 with the competent institutions of the Member States concerned with a view to determining the national legislation applicable. The subject of the gloss is an approving discussion of this judgement.

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Istota prawa do ochrony zdrowia w świetle art. 68 Konstytucji RP ze szczególnym uwzględnieniem art. 68 ust. 1. Dylematy i kontrowersje

Author(s): Marian Zdyb / Language(s): Polish Issue: 1/2024

The article concerns an issue of exceptional importance. The basic thesis is the assumption that Article 68 of the Polish Constitution (especially Article 68 (1) of the Polish Constitution) has a normative character and is a subjective and individual right. The right to healthcare is related to human existence in the biological, axiological, metaphysical sense, etc. And it is the perspective that its constitutional legitimacy should be seen. The aim of the work is to answer a number of questions, including the one on human dignity, because this is how the relationship between the right to health protection and the right to life protection should be understood in the axiological and normative sense. As a consequence, what the essence of the right under Article 68 (1) is? These questions raise a number of legal and axiological challenges and dilemmas. The answer is hindered by the differentiated approach to the Polish Constitution and the thesis of excessive relativization of law. Therefore, the above-mentioned values should be seen in the same axiological perspective. In the article, the formal-dogmatic method was mainly used.

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Commercialization of the Results of Research Carried Out by Public University Employees Working Remotely: de lege lata and de lege ferenda Conclusions

Author(s): Joanna Dorota Sieńczyło-Chlabicz / Language(s): English Issue: 2/2024

This study analyses the acquisition and commercialization of rights based on the results of scholarly activity carried out by employees of Polish public universities under the Act of 20 July 2018 – the Law on Higher Education and Science and their objects of commercialization. In addition, it is considered whether the institution of remote work introduced under the Act of 1 December 2022 amending the Labour Code and Some Other Acts is a tool that assists employees and universities in the process of the commercialization of knowledge in the digital age, facilitating the development of an innovative and entrepreneurial university, or, on the contrary, whether it may generate difficulties and costs for both parties to the employment relationship, i.e. the university as an employer and its employees.

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The Digitalisation of Tools for Workers’ Representation in Europe and Spain: A First Approach

Author(s): José María Miranda Boto,Elisabeth Brameshuber / Language(s): English Issue: 2/2024

The unstoppable digitalisation of work also brings with it alterations at the collective level of labour relations. On the one hand, the dispersal of the workforce entails the breaking of traditional ties of proximity, which engendered solidarity among workers. On the other hand, however, new technologies can contribute decisively to the development of representation activity, also being a fruitful field for collective bargaining. Through a synthetic examination of comparative law, several of these possibilities are presented, and how they fit with Spanish law is analysed. Among the subjects addressed are digital tools that can favour tasks in representation. In addition to the legislative dimension, the study takes into account the latest developments in jurisprudence and collective bargaining.

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