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  1. 2 Studia Prawnicze

  2. 1 Polityka Społeczna

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  1. 3 Szewczyk H.

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  1. 2 2007

  2. 1 2005

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1

PARTICULAR PROTECTION OF EMPLOYMENT RELATIONSHIP STABILITY

100%
Szewczyk H.
Studia Prawnicze
|
2005
|
issue 2(164)
33-83
EN
The particular protection of employment concerns employees, being in exceptional, 'justifiable' life circumstances due to personal situation or in connection with social-professional functions performed. The measures of legal protection in general shall mean a set of legal measures for clearing the effects of any damage to a particular good or preventing such damage from occurring, to which the subjects are entitled pursuant to legal acts. Bans on repudiation (termination) of contracts of employment is the most effective measure, since other legal protection measures only restrict to some extent the employer's liberty in scope of employment policy. The weakest protective measures comprise (the requirement to obtain) a relevant body's permission to dismiss an employee. In some circumstances, the content of the particular protection of employment relationship also comprises a restriction of terminating the contract of employment without notice, should none of the breaches, as set down in Article 53 of Labour Code, be committed by the employee. On the other hand an immediate repudiation of the contract of employment by virtue of any breach by the employee is subject to permission of an appropriate trade union, which shall be binding on the employer. The above picture is to be completed with the so called group redundancy law which has considerably restricted the scope of the particular protection by the Labour Code in cases when employee's dismissal (deterioration of his/her working conditions/remuneration) results from causes set down in Article 1 of the law. In general, this law has granted employers a much bigger liberty to dismiss particularly protected employees. Should an enterprise liquidation or bankruptcy be declared, then the protection would be rescinded under Article 41 of Labour Code and other relevant protective regulations. The scope of the particular employment stability protection of appointed employees can not be narrower than the scope of protection, enjoyed in similar life circumstances by contract employees - also those who work in the private sector - since otherwise the protective function of the labour law would be affected.There exist a group of employees, who enjoy a particular stability protection: the employees, who have been dismissed during an explained absence from work, employees at the pre-retirement age as well as women employees during pregnancy. The particular employment protection is excessively complex and its scope has gone beyond the real needs in this regard. While the particular protection of employees due to (difficult) life circumstances is not the subject of many controversies, the scope of protection provided to those who perform particular social functions is likely to bring a lot of doubts.
2
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Legal issue of occupational diseases

100%
Szewczyk H.
Polityka Społeczna
|
2007
|
vol. 34
|
issue 7(400)
7-11
EN
For an affection to be acknowledged as an occupational disease, it is necessary to determine whether a given disease is listed on the schedule of occupational diseases, and to be able to state unquestionably or with a high dose of probability that it has either been caused by factors harmful to health occurring in work settings, or else, that it has resulted from a particular manner of work performance. Thus, in the context of Polish law, the category of occupational diseases does not cover all health outcomes that may affect an employee as a result of work performance. However, there is a great number of work-related affections that are not featured on the occupational diseases' schedule. There are also so-called paraoccupational diseases, which pose just as serious problem as occupational diseases do. Contrary to the recommendations of the European Union, the Polish legislator did not make any essential changes to the national regulations in the sphere of occupational diseases. Most strikingly, the schedule (list) of occupational diseases has not been extended, as this would mean a rise of the cost of labour and of the social security expenditure. Henceforth, it is necessary to devise in our country such legal framework in the sphere of occupational diseases, which would allow to acknowledge as occupational diseases also other work-related affections that currently do not feature on the occupational diseases' schedule, but the professional nature of which and origin may be confirmed. A significant element of prevention treatment as applied by employers should also include the making of transfer onto another work post, i.e. such work post that would be suitable due to worker's state of health, shall his or her working in the current placement pose a threat to health and a risk of permanent loosing of working ability.
3

BASIC PROBLEMS RELATED TO CIVIL SERVICE LAW REFORMS IN NEW SOCIAL AND ECONOMIC SYSTEM

100%
Szewczyk H.
Studia Prawnicze
|
2007
|
issue 1(171)
5-24
EN
The critical issue for proper functioning of civil services (CS) in Poland is proper normalization of legal status of civil servants, notably those assigned to managerial positions and other independent positions related to performance of tasks for the State, by issuing decisions, their procurement or execution. Civil Service Act dated 24 August 2006 has, however, some shortcomings. Among most serious are: too narrow itemized scope of Act, no implementation of equal access to CS principle, which affects the transparency of recruitment to CS and competition status of CS qualification procedure. Some other regulations, concerning remunerations, working time in CS, and some solutions of collective employment law, are to be altered. Based on discussions the thesis can be put forward that deeper amendment to Civil Service Act, as well as other regulations, is required to normalize indicidual elements governing civil servants' legal status, one compliant with international law.
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