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EN
Employment code defines mobbing as an activity or behavior regarding an employee or against an employee consisting in a persistent and long-lasting harassment or intimidation of an employee, leading to the employee's underestimation of his/her professional usefulness, causing or aimed at humiliation or ridicule of the employee, his/her isolation or elimination from the team. The aim of the article is to show the diversity of the concept of mobbing in the employment law and to try to systematize it and suggest changes necessary to avoid doubts which are raised by the discussed phenomenon. The article presents the analysis of documents, especially legal acts, court rulings as well as various publications. The work was to answer the question whether the definition of mobbing included in the employment code is correct, whether it guarantees a full protection of the mobbed employee's rights. The article shows deficiencies of the definition and suggestions which - in the authoress' opinion - could improve the situation of employees who are 'psychologically terrorized' in their work environment.
EN
The number of agency workers is increasing, making agency workers matters more important also for scholars and lawyers. A paper concentrates on a subordination criterion, which for a long time was the most important criteria in determining the existence of an employment relationship. Authors used patterns from Polish and British law and tried to answer the question; is this criterion can be still successfully applied by courts in agency workers cases?
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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