The chapter analyses the current legal situation of whistleblowers in work-related context in Poland. Protection of whistleblowers is not regulated by a single comprehensive legal act but may be granted on the basis of different pieces of legislation as well as according to the case law of the Supreme Court, which established the concept of ‘permissible criticism’ expressed by a worker. The level of whistleblower protection is by no means satisfactory, especially as regards atypical workers. The author assesses the shortcomings of the current legal situation and presents proposals for improvement in the light of the EU Whistleblower Protection Directive and international conventions ratified by Poland.
Self-employment in the European Union in the light of legal regulations and case law
Self-employment is the subject of both EU regulations and case law of the Court of Justice of the European Union. On the one hand, EU law ensures self-employed persons freedom to provide services and freedom of establishment by removing barriers and protecting against discrimination. On the other hand, EU law aims to combat bogus self-employment and to provide social protection for the self-employed, recognizing the wide spectrum of their labour market situation. The case law of the Court of Justice of the European Union, discussed in this article, plays an important role in extending the personal scope of the concept of ‘worker’ under various social policy directives to persons who perform work on a basis other than an employment relationship, working under similar conditions.
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