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EN
The article presents the view of doctrine and jurisprudence relating to collective agreements involving the temporary employment agency. The specifics of temporary employment in which there are temporary work agency and the user employer acting at employer’s side makes collective agreements conditions much more complicated against those settled in the Labour Code. Collective agreements should play an increasing role in the system of sources of labour law. In particular, in non-standard forms of employment mainly at temporary work. Collective agreements in a more perfect way are able to reconcile the protective function of labor law and the need for flexibility of employment.
EN
The article discusses the legislation concerning equal treatment and non-discrimination in temporary employment in the light of the requirements of the Directive of the European Parliament and the European Council 2008/104/EC of 19 November 2008 on temporary agency work. The author outlines the legislative process related to the adoption of the directive, in particular the legal discrepancies, occuring both between social partners as well as between EU countries and analyzes the content of a directive adopted. Next, the author presents the Polish labor law provisions on equal treatment and non-discrimination. The main part of the article is devoted to the discussion of the adaptation of legal norms on equal treatment and non-discrimination contained in the Act of 9 July 2003 on the employment of temporary workers and other legal acts regulating this matter to the recommendations set out in the directive. The author analyzes the current level of compliance of Polish legislation to the requirements of the EU directive and present controversies in the literature as well as makes recommendations de lege ferenda.
Zeszyty Prawnicze
|
2014
|
vol. 14
|
issue 2
171-185
PL
REGULATIONS FOR EQUAL TREATMENT AND PROHIBITION OF DISCRIMINATION IN TEMPORARY EMPLOYMENT Summary The article discusses the legislation on equal treatment and non-discrimination in temporary employment in the light of the requirements of the Directive of the European Parliament and the European Council 2008/104/EC of 19 November 2008 on temporary agency work. The author recalls the legislative process related to the adoption of the Directive, in particular the legal discrepancies between the social partners and between EU countries, and analyses the content of the Directive. He then presents the provisions of the Polish labour law on equal treatment and non-discrimination. The main part of the article is devoted to a discussion of the adaptation of the legal norms on equal treatment and non-discrimination in the Act of 9 July 2003 on the employment of temporary workers and other legal acts regulating this matter to the recommendations set out in this Directive. The author analyses the current level of compliance of the Polish legislation with the requirements of the EU Directive, presents controversies in the literature, and makes recommendations de lege ferenda.
Zeszyty Prawnicze
|
2016
|
vol. 16
|
issue 3
221-239
PL
Collective Bargaining Agreements for Temporary Employment Summary The article presents the opinions current in the doctrine and jurisprudence concerning collective bargaining agreements in temporary employment. The differences in the construction of temporary and permanent employment relations make the situation in temporary employment worthy of a separate legal analysis. The issues discussed in this article are the potential for collective bargaining in temporary employment, the legal nature of collective agreements involving an employment agency, and the admissibility of differentiation in terms of subjective and objective legal relations regarding the conclusion of collective bargaining agreements.
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