The main objective of the following study is to introduce readers to the issue of the 2nd National Scientific Conference in the series “Atypical Employment Relations” organized on 3 October 2019 by the Centre for Atypical Employment Relations of the University of Lodz. The consequence of extending the right of coalition to persons performing paid work outside the employment relationship was that they were guaranteed important collective rights, which until 1 January 2019 were reserved primarily for employees. The rights which Polish legislator ensured to non-employees include the right to equal treatment in employment due to membership in a trade union or performing trade union functions; the right to bargain with a view to the conclusion of collective agreement and other collective agreements; the right to bargain to resolve collective disputes and the right to organize strikes and other forms of protest, as well as the right to protect union activists. The author positively assesses the extension of collective rights to people engaged in gainful employment outside the employment relationship, noting a number of flaws and shortcomings of the analyzed norms. The manner of regulating this matter, through the mechanism of referring to the relevant provisions regulating the situation of employees, the statutory equalization of the scope of collective rights of non-employees with the situation of employees, the lack of criteria differentiating these rights, as well as the adopted model of trade union representation based on company trade unions, not taking into account the specific situation of people working for profit outside the employment relationship, are the reasons why the amendment to the trade union law is seen critically and requires further changes.
Right of coalition for self-employed people after amendment to trade union law: Opportunities and threats The subject of the article is to assess the opportunities and threats that are associated with the amendment to the union law in Poland, which has extended the coalition law, until now reserved primarily for employees, to persons engaged in paid work outside the employment relationship, including self-employed, if they provide their services in person and have interests related to the provision of work that can be represented and defended by the trade union. The author, positively assessing the extension of the subjective scope of the coalition law, notices many disadvantages of the analyzed regulations.
THE LIMITS OF THE MANAGEMENT AUTHORITY IN THE EMPLOYMENT RELATIONSHIPSummaryManagement authority, which is guaranteed for the employer under the employment relationship with respect to employees, is an essential (necessary) feature of the employment relationship, which very often determines the identity of this relationship, distinguishing it from other legal forms of employment, especially those of a civil nature. The employing entity’s management authority must first of all be identified with the employer’s powers to influence the employee’s actions within the scope of the performance of work (in the work process) and the employee’s corresponding obligations to the employing entity regarding the work he is to perform. Using these powers, the employer specifies the employee’s obligations for the performance of the job, in particular its type, method, the time and place in which it is to be done, as well as the order and organization of the work process. According to the literature on the subject, the employer’s main powers of management include prescriptive rights (the core of management authority), which allow him to specify the employee’s duties by issuing binding instructions to him; punitive (disciplinary) powers associated with the use of disciplinary penalties; regulatory (legislative) powers, primarily to establish the regulations and other acts determining working order (in particular work schedules, holiday timetables etc.); and distributive power (the allocation of prizes and awards). The object of this study is to characterize the limits to the employer’s management authority in the employment relationship. The author concentrates on the limits defined by applicable law, the employment contract, the clause of compliance with socio-economic purpose, and the rules of social coexistence, as well as custom. The analysis of the limits of the employer’s management authority shows the importance of this issue, both in theoretical and practical terms. The appropriate configuration of these limits may help to solve one of the fundamental problems of modern labor law, which is to harmonize its protective and organizational functions.
THE EMPLOYEE’S SUBORDINATION TO THE EMPLOYERAS REGARDS WORKING HOURS. SELECTED PROBLEMSSummary The subject of this paper is a description of the characteristic features of an employee’s subordination to his employer as regards working hours. An employer’s management rights in this respect are particularly relevant as regards the efficiency of the employee’s work and reduce the risk that any defective work on the employee’s part could mean for the employer. The author analyses the management rights of employers relating to factors contributing to the organisation of working hours such as the standard, extent, system, and schedule of working hours. His deliberations on these issues show that an employer’s rights pertaining to unilateral determination of working hours are in fact restricted. This is so because usually the system or schedule of working hours tends to be established in the context of a collective employment system or set of rules, in other words the employer’s freedom to make decisions is limited since he is obliged to cooperate with the trade unions active in his company or business. The widest scope of rights employers enjoy as regards the organisation of working hours concerns the right to order employees to work overtime and unscheduled time (but with consideration of any hours of duty on a rota system or duty travel); and as regards the compilation of detailed timetables of working hours.
The subject of the foregoing study is the analysis of the legal regulation of the protection of the self-employed to the extent of non-discrimination and equal treatment. The author positively assesses the very fact of adopting the Equality Act, which contributed to raising the standards of protection of self-employed people in this area. Unfortunately, however, a number of detailed regulations included in this act raise justified doubts and deserve criticism. Moreover, some provisions of the Equality Act are inconsistent with international agreements binding Poland, and also violate Art. 32 of the Constitution of the Republic of Poland. This leads to an unjustified lowering of the standards of protection against discrimination and unequal treatment of the self-employed in relation to the legal situation in which employees find themselves. A critical analysis of the Equality Act shows the far-reaching inconsistency of the legislator and the inconsistency of the entire system of protection against discrimination. This, in turn, makes this law ineffective, as shown by statistics in which a very small number of cases are brought to court and end up with a positive outcome for the person discriminated against.
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