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Wspólnota lokalna, narodowa i europejska. Od dobra wspólnego po wspólne wartości Polaków – wnioski z badań socjologicznych

Wspólnota lokalna, narodowa i europejska. Od dobra wspólnego po wspólne wartości Polaków – wnioski z badań socjologicznych

Author(s): Jolanta Arcimowicz,Beata Łaciak / Language(s): English,Polish Issue: 3-4/2024

In the sociological analyses of Polish society, concerning the period of the Polish People’s Republic and the early 1990s, it was written about the strong identification of Poles with only two communities – the family and the homeland. More than 30 years have passed since the political transformation, during which reforms were introduced to rebuild local communities, support the development of civil society and local community activities. With Poland’s entry into the structures of the European Union, the local community and national identity built anew after 1989, were joined by identification with and belonging to a supranational community – the European community (cultural and civilisational). This article is an attempt to answer the question, what does community look like in the awareness and everyday practice of contemporary Poles? The authors tried to investigate what Poles think about their presence in local, national and European communities, how they perceive their importance and evaluate their participation in them, and how they cooperate with each other by practicing community activities in their immediate surroundings.

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Zabezpieczenie roszczeń pracowniczych w świetle nowelizacji Kodeksu postępowania cywilnego z dnia 28 lipca 2023 r.

Zabezpieczenie roszczeń pracowniczych w świetle nowelizacji Kodeksu postępowania cywilnego z dnia 28 lipca 2023 r.

Author(s): Joanna Kruk / Language(s): Polish Issue: 22/2024

The aim of this article is the analysis of the issues related to securing employee claims in the light of the amendment to the Code of Civil Procedure of July 28, 2023. The possibility of issuing an order to employ a dismissed employee before the final conclusion of the proceedings or – what is more – before its substantive resolution, may significantly interfere with the employer’s freedom to choose employees. Additionally, limiting the court’s freedom in granting security may raise many controversies.

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Pomiędzy ustnością a pisemnością rozprawy – charakterystyka, istota i cele załącznika do protokołu w sprawach pracowniczych

Pomiędzy ustnością a pisemnością rozprawy – charakterystyka, istota i cele załącznika do protokołu w sprawach pracowniczych

Author(s): Michał Matuszak / Language(s): Polish Issue: 22/2024

In recent years, more and more employee cases have been brought to court. The proceedings are becoming more formalized and complicated. Legal dispute parties have numerous tools at their disposal that can be used to obtain a result, including the institution of an appendix to the minutes. This issue has not been analyzed very often by the doctrine in the past, so there is room for consideration. The article presents the appendix to the minutes from a practical perspective, and indicates the opportunities and difficulties that are directly and indirectly related to it.

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Źródła finansowania działalności związkowej

Źródła finansowania działalności związkowej

Author(s): Helena Szewczyk / Language(s): Polish Issue: 22/2024

The Trade Unions Act does not name all the sources of internal and external financing of trade unions. The sources include membership fees, donations from third parties or income from business activities conducted by the association. It is hard not to notice, de lege lata, problems related to the rights of trade unions and their future role in the area of labor relations under the current provisions of the Trade Unions Act concerning the functioning of trade unions, e.g., regarding the financing of their activities. Undoubtedly, the current model of financing employee representation is far from perfect. Due to cases of abuse of Art. 24 of the Trade Unions Act, one should in particular call for a change in the current model in which trade unions independently use their own legal personality when conducting business operations.

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Non-state pension funds of religious organisations in Ukraine: Background and factors of influence

Non-state pension funds of religious organisations in Ukraine: Background and factors of influence

Author(s): Oleksandr Bilash,Tetyana Karabin,Valeriy Patskan / Language(s): English Issue: 27/2024

In this article, an attempt is made to reveal the prerequisites for and factors influencing the participation of religious organisations in establishing non-state pension funds in Ukraine. This study is based on the current regulatory framework, economic indicators, and information regarding the practical activities of the only non-state pension fund established by a religious organisation in Ukraine. Moreover, this study analyses the legal, ethical, security, economic, and corporate prerequisites for and factors that influence the formation and operation of church pension funds.In general, the conditions for the development of non-state accumulative pension funds in Ukraine are unfavourable; this is due to the high level of inflation, the backwardness of the financial institutions in the country, and the public distrust of these institutions. However, the positive factors influencing the development of pension funds established by religious organisations include the high performance of the “Pokrova” church fund, the stability of church institutions (which can become a benchmark for citizens in their attitude towards institutions established by religious organisations), and the interest of clergy and religious organisations themselves in the accumulation of clerical pensions (either in addition to the state pension or instead of it).Despite the fact that the practice of establishing such funds is not widespread, they deserve more attention from the state, as they fulfil an important social function - the provision of pension for a specific person (whether a believer, a clergyman, or any other person).

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Еволюция на правната защита на детето в семейството

Еволюция на правната защита на детето в семейството

Author(s): Beatris Yordanova / Language(s): Bulgarian Issue: 4/2024

The article addresses the role of the individual and the historical protection of children's rights as legal subjects. It examines the transition from traditional frameworks, where children were regarded as subordinate to parental authority, to contemporary standards enshrined in the Convention on the Rights of the Child. Presently, the principle of the "best interests of the child" governs both national and international legal systems. The article underscores the necessity of aligning legal frameworks with modern family dynamics, including divorce, foster care, and adoption. Nevertheless, challenges persist in ensuring effective enforcement of child protection laws and enhancing inter-agency coordination. The progression of child protection law and its alignment with current legal standards reaffirm its increasing importance in legal doctrine and jurisprudence

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ARTIFICIAL INTELIGENCE AND BIOLAW IN THE “FUTURE” SURGICAL INTERVENTIONS PERFORMED BY ROBOTS WITH A.I. VERSUS TELEMEDICINE

Author(s): João Proença Xavier,Giovana CRUZ / Language(s): English Issue: 1/2024

This paper analyses how human rights serve as a basis so that the complex phenomenon of immigration, which has been affecting our societies for some time nowcan unfold its full potential, in accordance with the higher values on which they are based. In this sense, he highlights the figure of the free development of the personality as an operative means of the new phenomenon of immigration and its repercussions as a limit to individual autonomy. In a study of this type, the analysis of the figure of legal paternalism as opposed to the free development of the personality must be reinforced, with special incidence in matters of foreigners, more specifically, in the figure of the immigrant, which leads us to focus the study of this figure on the phenomenon of immigration for various reasons. Of course, the social and political uproar that this issue is causing is not surprising. Apart from being an issue that affects various aspects, immigration must be analysed in all the facets in which it has repercussions, such as not only the limitation it implies for the free development of the personality of an individual who decides to move to a place other than that of his nationality as a way to freely develop his personality, but also as a social, legal, economic and cultural fact, which gives rise to population problems of discrimination, integration and xenophobia, and many other aspects that have repercussions on essential aspects of the human being.

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Theoretical and Practical Aspects Related to Work of Temporary Employees for Users from Other European Union States. Work Through Temporary Employment Agency and Secondment

Author(s): Maria-Cristina BĂLĂNEASA (ICHIM) / Language(s): English Issue: 1/2023

The work of employees through a temporary employment agency is a form of atypical work that involves more discussions. In this material, I propose to compare the institution of temporary work through a temporary work agency with that of posting. I will also highlight the particularities of the temporary employee's work within the provision of transnational services, highlighting internal and community legislative aspects as well as the problems that the two institutions bring to the practice of national courts and the Court of Justice of the European Union.

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The Right Regarding the Cumulation of the Service Pension with Other Incomes of a Salary Nature Paid from Public Funds - Constitutionality Approach

Author(s): Razvan Viorescu / Language(s): English Issue: 1/2023

The present analysis considers the aspects of the constitutionality of the regulation regarding the cumulation of the service pension with other incomes of a salary nature. The Constitutional Court was notified by Decision no. 5 of June 29, 2023, of the United Sections of the High Court of Cassation and Justice with the objection of unconstitutionality of the provisions of the Law regarding some measures for the continuation of the activity by the persons who meet the retirement conditions, as well as for the modification and completion of some normative acts, in its entirety. The objection of unconstitutionality was formulated under art. 146 lit. a) the first sentence of the Constitution and of art. 15 para. (1) from Law no. 47/1992 regarding the organization and functioning of the Constitutional Court.

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USING ALGORITHMS IN PERSONNEL RECRUITMENT: SOME IMPLICATIONS IN LABOUR LAW

Author(s): Raluca Dimitriu / Language(s): English Issue: supplement/2024

Recruitment algorithms, far from eliminating potential subjective behaviours of human recruiters, risk perpetuating certain discriminatory practices and excluding candidates from the ranks of persons with disabilities or from ethnic, racial, and sexual minorities who do not fit the profile of the already established "ideal candidate" within the employing firm. The study explores the causes of this concerning phenomenon, manifested both during pre-contractual stages and throughout the course of employment relationships. We began by identifying existing European legislation in the field to further seek solutions regarding the risk of discrimination, as well as the risk of intrusion into the private lives of workers posed by the use of algorithmic management. One of the main issues brought about by the use of recruitment algorithms is the difficulty not only in demonstrating but also in understanding the criteria they employ, which often are completely lacking transparency. Even in the presence of a right to information during recruitment, as enshrined by Directive 1152/2019 on transparency and predictability of working conditions in the European Union, such a right becomes devoid of substance if the information provided is generally unintelligible or specifically unintelligible to the subject of the right to information. In this context, the concept of "explainability" of the algorithms used becomes relevant, referring to the ability to explain how a specific decision was made by artificial intelligence.

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PAID DAYS OFF GRANTED TO EMPLOYEES FOR RELIGIOUS HOLIDAYS IN LIGHT OF ART. 139 OF THE LABOR CODE AND CJEU CASE LAW

Author(s): Madalina Ani IORDACHE,Ana-Maria Vlăsceanu / Language(s): English Issue: supplement/2024

This study analyzes the non-conformity of the provisions included under art. 139 of the Labor Code with the non-discrimination principle enshrined under art. 21 of the Charter of Fundamental Rights of the European Union and EU Directive 2000/78 establishing a general framework for equal treatment in employment and occupation. Concretely, the study demonstrates that the law lays down different rules for granting public holidays for employees who belong to a different religious cult than the Christian cult of new rite (the majority in Romania), rules which, considering various practical interpretations, lead to the application of a different treatment bases on religion. Finally, we argue that these rules might contravene art. 21 of the Charter of Fundamental Rights of the European Union and, thus, could be disapplied under the principle of primacy of EU law.

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IMPLEMENTATION OF THE EUROPEAN UNION WORK-LIFE BALANCE DIRECTIVE INTO THE POLISH LEGAL SYSTEM

Author(s): Jakub Stelina / Language(s): English Issue: supplement/2024

The author discusses the implementation of the "Work-Life Balance" directive into the Polish legal system. The directive was adopted in 2019 and member states had to implement it by 2 August 2022. In Poland, the process was delayed, and finally the legislation implementing the directive was adopted in March 2023 and entered into force on 26 April 2023. This implementation includes issues such as carer's leave, paternity leave, parental leave, protection of the employment relationship of employees taking parental leave, and the possibility of introducing flexible working arrangements. Despite the nine-month delay in the implementation of the WLB Directive, it must be stated that, in principle, its provisions have been faithfully implemented into the Polish legal system. The Labour Code contains regulations that should guarantee that employees achieve the objectives set out in the WLB Directive. These regulations do not differ from similar solutions that have been implemented in internal legislation in other European Union Member States.

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Maternity and Paternity Leave in the Case of Single-parent Families. Problems and Proposals

Author(s): Milena BOGONI / Language(s): English Issue: 3-4/2023

The Spanish regulatory framework on Work-Life balance and co-responsibility has evolved slowly but continuously in recent decades, constantly hand in hand with European social law. The advances have been notable, although there are still certain areas in which the legislator is reluctant to enter. One of them is that of single-parent families. The data shows that it is a family model that is on the rise and that both the parents in charge and the boys and girls who make it up need protection. In terms of conciliation and co-responsibility, specifically, studies show that a specific adjustment is necessary so that this fundamental right can be exercised and protected within the framework of all types of families, including those where there is only one parent, and this is impossible to share parenting in a co-responsible way. The classic schemes and mechanisms of reconciliation policies must be rethought, modulating alternatives that consider novel issues such as the “best interests of the child” or “parenting in a network”. In order to operate this change of perspective, a study of the existing regulations is proposed considering the most advanced jurisprudential debate related to the accumulation of birth permits in the assumption of single-parent families.

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Nowelizacja wybranych przepisów Ustawy z dnia 4 lutego 2011 r. o opiece nad dziećmi w wieku do lat 3 w roku 2023. Komentarz

Nowelizacja wybranych przepisów Ustawy z dnia 4 lutego 2011 r. o opiece nad dziećmi w wieku do lat 3 w roku 2023. Komentarz

Author(s): Tomasz Szeląg / Language(s): Polish Issue: 10/2024

The purpose of this article is to discuss the amendments to the provisions of the Act of 4 February 2011 on the Care of Children Aged Up to 3 Years, introduced in 2023. These changes focused on two main directions. First, the legislator established a foundation for creating standards and requirements for improving the qualifications and updating the knowledge of childcare providers. The standards discussed in this article consist of thematic blocks, providing a detailed framework for the quality of care and education. As stated in the Ministry’s explanations, these blocks form a care plan that ensures the services provided by crèches, children’s clubs, and day carers are systematised and aligned with the regulations in force in the European Union. However, it should be noted that Article 6d of the Act introduces the optional application of these standards by care units. The second amendment clarifies provisions related to the financing of care, mainly in connection with the Family Capital Act of 17 November 2021.

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Prawo pracownika „do odłączenia” – uwagi na kanwie rezolucji Parlamentu Europejskiego z dnia 21 stycznia 2021 r. zawierającej zalecenia dla Komisji w sprawie prawa do bycia offline (2019/2181(INL)) (2021/C 456/15)

Prawo pracownika „do odłączenia” – uwagi na kanwie rezolucji Parlamentu Europejskiego z dnia 21 stycznia 2021 r. zawierającej zalecenia dla Komisji w sprawie prawa do bycia offline (2019/2181(INL)) (2021/C 456/15)

Author(s): Grażyna Zboralska / Language(s): Polish Issue: 10/2024

This article analyzes the solutions proposed under EU law for establishing a right for workers to disconnect from digital technologies used for professional purposes, also known as the “right to be offline.” Acknowledging the increasing availability of ICT-enabled work and the need to regulate workers' rights to disconnect from digital tools, on 21 January 2021, the European Parliament presented a Resolution with recommendations to the Commission on the right to be offline (2019/2181(INL)) (2021/C 456/15). The annex to the resolution contains a draft legislative proposal in the form of a Directive of the European Parliament and the Council on the right to be offline. The article presents arguments for and against establishing a new worker’s right to disconnect, as well as the challenges involved in adopting such a regulation. Reference is also made to the current case law of the Supreme Court and the Federal Labour Court concerning the permissibility of contacting an employee during their free time by an employer.

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DEVIATIONS IN RESEARCH ACTIVITY

Author(s): Andreea Elena TABACU / Language(s): English Issue: supplement/2024

The relevance of the research and its quality is imposed in art. 3 line.1 letter b) of L.nr.199/2023 is directly related to the progress of knowledge and the socioeconomic environment, as not only through education but also through research activity does the education system meet the needs of society. Academic freedom leaves the research activity up to the educational community members. Still, there are legal constraints aimed at ensuring a level of its quality, the main tools used by the legislator being the regulation of deviations from good conduct in scientific research activity and their consequences. A fabricated, falsified, plagiarized result obtained entirely through the contribution of others or AI technology is not research within the meaning of the law, does not support progress, is dangerous, and must be removed.

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COMMENT ON THE EUROPEAN SOCIAL PARTNERS FRAMEWORK AGREEMENT ON DIGITALIZATION

Author(s): Livia Florentina PASCU / Language(s): English Issue: supplement/2024

The digital transformation brings both benefits to the labor market, but it also entails risks, as some jobs will disappear or be transformed, which implies the formation of a workforce with digital skills suitable for new technologies. Adapting to the digital age requires a reflection on how the balance between work life and family life will be ensured. The implementation of artificial intelligence in the field of work must ensure compliance with the principle of human control over machines and artificial intelligence. The implementation of artificial intelligence in the field of work must ensure compliance with the principle of human control over machines and artificial intelligence. The use of digital devices raises questions about how fundamental worker rights are affected.

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WPŁYW PAŃSTWOWEJ INSPEKCJI PRACY NA
KSZTAŁTOWANIE FORM PRAWNYCH ZATRUDNIENIA

WPŁYW PAŃSTWOWEJ INSPEKCJI PRACY NA KSZTAŁTOWANIE FORM PRAWNYCH ZATRUDNIENIA

Author(s): Artur Tomanek / Language(s): Polish Issue: 1/2024

The purpose of this text is to answer the question of whether the State Labour Inspection should havean influence on the shaping of legal forms of employment, and what such influence should consist of.The point of reference of the considerations is the relationship between employment relationship andforms of employment of a civil law nature. The author evaluates the means of legal influence to whichthe State Labour Inspection is entitled in this regard, and expresses the view that the existing legalstate is not satisfactory and requires the intervention of the legislator, which, however, should not leadto a chaotic multiplication of legal means at the disposal of the Inspectorate.

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WSPÓŁPRACA PAŃSTWOWEJ INSPEKCJI PRACY
Z INNYMI INSTYTUCJAMI I ORGANIZACJAMI

WSPÓŁPRACA PAŃSTWOWEJ INSPEKCJI PRACY Z INNYMI INSTYTUCJAMI I ORGANIZACJAMI

Author(s): ŁUKASZ SZTYCH / Language(s): Polish Issue: 1/2024

In this study, the author attempted to identify the main bodies, institutions and organizations withwhich the State Labor Inspection cooperates, striving to implement its main task, which is to supervise and control compliance with labor law, safety regulations and rules and occupational health, as wellas regulations regarding the legality od employment and other paid work. This analysis was carriedout on the basis of the existing agreements in this regard specifying the principles of cooperationbetween the State Labor Inspection’s bodies and individual institutions and organizations, and thestatistical data presented in the article prove that this cooperation undoubtedly supports the imple-mentation of the inspection and supervisory tasks of the Inspection.

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STATUS PRACOWNIKÓW WYKONUJĄCYCH CZYNNOŚCI
KONTROLNE PAŃSTWOWEJ INSPEKCJI PRACY —
WYBRANE ZAGADNIENIA

STATUS PRACOWNIKÓW WYKONUJĄCYCH CZYNNOŚCI KONTROLNE PAŃSTWOWEJ INSPEKCJI PRACY — WYBRANE ZAGADNIENIA

Author(s): Eliza Mazurczak / Language(s): Polish Issue: 1/2024

The subject of the study is the characteristics of selected elements of the status of employees per-forming inspection activities of the State Labour Inspection. Statutory regulations should introducea balance between the protection and stability of the employment of inspectors and the interests ofthe central control body performing the tasks of the state. An assessment of the implementation of theaforementioned assumption is made possible by the analysis of the most significant, in the author’sopinion, norms of the act concerning the: establishment, change, and termination of the service em-ployment relationship, as well as the duties of labour inspectors.

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