Search results - CEJSH

1

Freedom of coalition of employed and not employed workers

100%

Szewczyk H.

Studia Prawnicze

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2010

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issue 2(184)

117-133

EN

One of indisputable freedoms of labor unions is the freedom of coalition. Under Labor Unions Act, full right to coalition consists of: freedom to establish labor unions and freedom to join existing labor unions. In Poland some social and labor groups were deprived of the freedom of coalition (full or even limited), which is not consistent with international and European law. Granting them at least limited right of coalition would correspond to art. 1 of the Labor Union Act that defines labor unions as organizations of people who perform work, not only those who are employed. Thus, the law-maker’s actions should aim at expanding the subjective scope of the freedom of coalition through abolition of numerous restrictions related to that freedom in order to adjust Polish national solutions in that area to international and European law. Still not all entitled persons use the freedom of coalition in full, or even limited scope.

2

The verification of the graduates’ competencies as the element of education safety

100%

Smarzewska A., Melaniuk E., Łaskarzewska K.

Doctrina. Studia społeczno-polityczne

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2015

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vol. 12

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issue 12

119-127

PL

While designing curriculums the university takes into account educational needs of stakeholders and confronts them with the demand for labour on the market. Achieving a high level of competencies by the graduate of the higher school increases their chances of being employed. The purpose of this article is to verify the graduates’ competencies with the employers’ expectations while making decisions in the recruitment processes. The result of the analysis is the finding that the employers’ demand for employees’ skills is justified in the supply of graduates’ competencies on the labour market.

3

Reprezentacja pracodawcy w ujęciu podmiotowym

100%

Prusinowski P.

Przegląd Prawa i Administracji

|

2018

|

vol. 113

91-103

EN

The way that employers are represented in the literature and court decisions in labour law is the subject of lively discussion. Its foundation is the unclear content and structure of article 3 of the Labour Code. While in the case of organizational units it seems that the regulation is complete, for individuals with employer status it is problematic. Regardless of this problem, a question arises concerning the contradictory meaning of the employer’s representation described in the provisions of the Civil Code. This issue becomes even more signifi cant if we take into account that article 3 § 1 of the Labour Code uses ambiguous terms such as “person or governing body” and “other designated person”. This leads to subjective interpretation of the representation of the employer.

4

Szczególna ochrona stosunku pracy pracowników powracających z urlopów rodzicielskich

100%

Mędrala M.

Zeszyty Naukowe Uniwersytetu Ekonomicznego w Krakowie

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2013

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issue 911

33-49

EN

The paper examines the characteristics of protective legal regulations for employees returning from maternity or childcare leave. According to the Polish Labour Code, there are two groups of specified protective prescriptions granting employees the right to return to the same post and at the same pre-leave remuneration. An employer is required to give employees their positions back at the end of the childcare leave either in the capacity in which they were employed before taking leave, or, if that is not possible, at an equivalent position or one that corresponds to the employee’s professional qualifications, for remuneration not lower than what they were receiving before taking leave. However, the law does allow the employer to change the employee’s position without his or her consent. The paper assesses the effectiveness and justness of such regulations from the perspective of employers realising state social policy.

5

RISK OF COMPENSATION IN THE LIGHT OF HARM TO A THIRD PARTY BY AN EMPOYEE

100%

Jasion M.

Zeszyty Naukowe Wyższej Szkoły Finansów i Prawa w Bielsku-Białej

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2017

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issue 4

EN

The paper undertakes an analysis of an employer`s financial liability for damages caused by an employee to a third party. The author presents controversies which appeared in this field of law in the doctrine and judicature. An attempt was made to determine the basis and regulations that trigger the liability of the employer. The paper presents how the regime of liability changes depending on whether the employer and the victim were or were not in any relationship of obligation before the damage occurred. However, the main purpose of the paper is to focus on a situation in which the victim, called the third party, is also an employee of the employer. The contemporary literature emphasizes the fact that the employer is increasingly burdened with the risk of paying compensation due to employment relationship with the victim. In practice, it is pointed out that the risk determines the extent of the employer’s compensation liability for damages. The aim of the paper is to analyze the practical significance of this risk in the scope of the employer's liability.

6

Turystyka przygodowa jako kierunek kształcenia kadr dla turystyki

100%

Swędzioł W.

Kwartalnik Pedagogiczny

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2019

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vol. 64(4 (254))

151-169

PL

The article addresses an important issue from the point of view of the allegations formulated by the employers’ circles towards higher education regarding the incompatibility of educational programmes with the needs of the labour market. The author shows the shape of the adventure tourism brought to life at the Academy of Physical Education in Kraków. In the article the author presents the results of research in an attempt to answer the question whether such a profile creates a better chance for a career in the tourism industry. The research is a survey of preferences of employers during recruitment for a position related to tourism in companies organising tourist events. Results of this study indicate that in most companies experience is the strongest asset of candidates for a job. Adventure tourism major, however, is welcomed by the vast majority of respondents. The method used in this study refers to a small trial – this is due to the limited number of Polish companies organising adventure tourism or events with its elements. Among the few companies for which education is particularly important, a degree with a major in adventure tourism is an asset. Even those respondents for whom education is not a priority positively perceive the obtaining a degree in adventure tourism, as students of such major gain experience, acquire the skills needed to organise various tourist events and develop passions and interests which are also important in the tourism industry.

7

Barriers to Professional Activity in the Opinion of the Disabled and Employers from Lubelskie Voivodship

100%

Tomczyszyn D., Bergier J., Romanowicz W., Kubińska Z.

Barometr Regionalny. Analizy i prognozy

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2014

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issue 1(35)

99-107

EN

The purpose of the research was to identify the barriers to professional activity among disabled persons in the opinion of the disabled living in rural areas and in the opinion of their employers. We have examined 800 disabled respondents and 100 employers both from Lubelskie Voivodship. People with disabilities indicated the following reasons for inactivity: lack of jobs suitable for people with different levels and types of disability, the importance of place of residence and in this connection difficulties in getting to work; limitations resulting from the disability, inadequate education, and negative attitudes of employers towards persons with disabilities. Important was the fact that the surveyed employers also considered these factors the most crucial causes of the failure to undertake professional activity among the disabled.

PL

Celem badań była identyfikacja barier aktywności zawodowej osób niepełnosprawnych w opiniach osób niepełnosprawnych zamieszkałych na obszarach wiejskich i pracodawców. Temat pracy zrealizowano na podstawie badań 800 osób niepełnosprawnych i 100 pracodawców na terenie województwa lubelskiego. Osoby niepełnosprawne wskazały na występowanie następujących uwarunkowań bierności zawodowej: brak ofert pracy odpowiednich dla osób o różnym stopniu i rodzaju niepełnosprawności, znaczenie miejsca zamieszkania i wynikających z niego utrudnień z dojazdem do miejsca pracy; ograniczenia wynikające z niepełnosprawności, niewystarczające wykształcenie, negatywne nastawienie pracodawców wobec osób niepełnosprawnych. Istotnym okazał się fakt, że biorący udział w badaniu pracodawcy Lubelszczyzny również uznali powyższe czynniki jako najważniejsze ich zdaniem przyczyny niepodejmowania przez osoby niepełnosprawne zatrudnienia.

8

Rola pracodawcy w realizowaniu uprawnień pracowników związanych z rodzicielstwem

100%

Czerniak-Swędzioł J.

Przegląd Prawa i Administracji

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2018

|

vol. 113

23-41

EN

Over the last ten years, the Labor Code has signifi cantly expanded employees’ rights related to parenthood, and thus the role of the employer in the fi eld of their implementation has changed fundamentally. The employer remains obliged to fulfi ll the employee’s basic rights enumerated in the Labour Code as a parent. However, the Polish legislator excessively burdens the employer with the role of the sole contractor of these general social principles related to the protection of motherhood and family, which causes a clear upset in the implementation of the constitutional obligations of the state towards its citizens. Looking at individual stages of employment from the period of pregnancy, in which protection is particularly strong, through the obligation to exercise parental leave and obligations imposed on the employer to employ an employee after taking leave, on protection during the period of custody, these are clearly noticeable limitations and burdens for the employer. The burden imposed on a particular employer often remains completely disproportionate to its capabilities. The employer bears the costs of social policy, which should be implemented by the state, thus it is fulfi lling the role of the guarantor in securing social interests. The solutions adopted by the Polish legislator stand in clear opposition to the regulation of international law. The burdens currently imposed on the employer resulting from the provisions of the Labor Code could be implemented to a large extent by relevant public insurance systems. De lege ferenda, the obligation to protect motherhood and the family as a constitutional social obligation should be carried out jointly by the state and the employer. De lege lata, the lack of proportionality is clearly visible in the regulations in force and it signifi cantly limits the principle of economic freedom and employer’s property, in particular in relation to small entrepreneurs.

9

Podmioty odpowiedzialności pracodawczej w stosunkach prawa pracy

100%

Tomanek A.

Przegląd Prawa i Administracji

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2018

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vol. 113

133-152

EN

This text is focused on the issue of an employer treated as a subject of the responsibility in labour law relations. The labour law doctrine shows that the responsibility of an employer for an infringement of its obligations may be analysed in a wide sense which is not limited to the responsibility of an employer as defi ned in article 3 of Polish Labour Code. The other legal or natural persons which bear responsibility with an employer or instead of it must be taken into account. To this aim the author reviews the responsibility of some legal and natural persons: a leading partner of a company acting as an employer, the Guaranteed Workers’ Benefi ts Fund and a legal person in the context of obligations of its organizational unit which is an employer according to article 3 of Polish Labour Code. Above-mentioned situations are of a heterogeneous nature. Therefore it is impossible to apply to them the unifi ed rules of legal evaluation. In some cases it may be stated that a named subject bears responsibility which is characteristic for the employer’s party of labour relations (e.g. a legal person which answers for the obligations of its organizational unit being an employer). In other cases we deal with a type of responsibility which comes beyond the scope of the notion of employer’s party responsibility but this does not mean that it should not be a subject of a discussion on the notion of responsibility in labour law.

10

Przesłanka odpowiedzialności materialnej za mienie powierzone

100%

Lech K.

|

2015

|

vol. 60

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issue 4 (363)

150-158

EN

The article attempts to indicate assumptions, developed in the doctrine and judicature, related to appropriate entrusting of property by an employer, as a prerequisite to apply financial liability for entrusted property. Entrusting of property is to consist in giving it out to an employee in a way that allows this property to be returned, or permits that it has been used in a way compliant with the employer’s intentions.

11

Work-life Balance by Area, Actual Situation and Expectations – the Overlapping Opinions of Employers and Employees in Slovenia

88%

Kozjek T., Tomaževič N., Stare J.

Organizacija

|

2014

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vol. 47

|

issue 1

35-51

EN

Background: The question of work-life balance (WLB) is an area where increasing attention is being paid nowadays. States, organisations and employees all have responsibility and a role to play in WLB. This article presents the important areas of the WLB by key players in this field. Purpose: The purpose of the research was to compare and analyse the differences between the actual situation and the expectations of employers and employees with regard to specific areas of WLB in Slovenia. Methodology: Data was gathered using the Computer Assisted Web Interview (CAWI) method. In the first part of the research project, employers across all sectors of the economy in Slovenia were questioned and in second part focussed on employees. In order to verify the areas in which employers and employees agree and those in which there are differences in perception, multidimensional scaling (MDS) was used. Results: The results of our research show that Slovenian organisations must pay more attention to flexible working time, the employees’ ability to take time off to care for family members, time and stress management workshops and paid leave for parents on a child’s first day of school. Conclusion: A significant role in WLB is played by organisations. The incorporation of WLB strategies into the strategic and financial planning of an organisation can, in fact, have positive business, economic and social effects. Employees have to express their expectations and needs, which is the only way that employers can be made aware of their problems and help with WLB. State responsibility is to encourage all social partners to shape the living environment in which employees’ can achieve a good WLB with an emphasis on gender equality

12

Platobná neschopnosť zamestnávateľa v Európskom pracovnom práve

88%

Dolinský S.

Prosopon. Europejskie Studia Społeczno-Humanistyczne

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2017

|

issue 4(21)

31-37

EN

At a time when there is still the effects of the global economic crisis, many companies on the brink of bankruptcy. Many businesses deferred fulfillment of its obligations, paying bills and working on the debt. The emergence of insolvency raises additional cost (penalty payment to suppliers, increased interest on loans outstanding in the period and others), reducing corporate income, resulting from increased costs associated with overcoming the subsequent insolvency (obtaining additional financial resources), or. forced liquidation of the company. It also finds many businesses and entrepreneurs, who does not remit contributions for its employees do not pay them their wages and other demands. Progressive business indebtedness may result in failure of the company. Every employer must pay, however, guarantee insurance in the event of insolvency. Therefore, the employee is protected from the condition that the employer failed to pay him for his work when it becomes insolvent, so when it comes to disposing of the company. This includes not only employees working in Slovakia, but also in all European Union Member States. They are obliged to comply with the directives issued by the European Union to regulate all matters relating to employer insolvency.

13

Employer branding – a dialogistic communication tool of a competitive employer

88%

Lubecka A.

Journal of Intercultural Management

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2013

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vol. 5

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issue 2

5-16

EN

The present article aims at discussing the value of employer branding, a relatively recent phenomenon in the field of company communication practices, which can be treated as an attempt to develop a dialogistic type of relationships between company employers and employees. The former use this communication strategy to attract quality workers and to retain the currently employed. For the latter it is the means to evaluate their employer by means of all kinds of suggestions, innovative remarks as well as comments, both positive and negative impacting the employer’s image and reputation. As such employer branding may be treated as an important source of information for the employer about their management strengths and weakness, especially as far as their Public Relations (PR) practices are concerned. The author of the present article argues that employer branding can contribute significantly to the employer self-knowledge and verify their self-perception as well as serve to improve the image the company aims at creating only if the employer-employees communication becomes a dialogue. It implies that the communication between them must be founded on humanistic values which means that both parties treat each other with due respect, the information provided by the employees is neither manipulated nor distorted, and the employer acts as an active listener

14

EMPLOYER’S LIABILITY FOR DAMAGES IN DISCRIMINATION CASES

88%

Jasion M.

Zeszyty Naukowe Wyższej Szkoły Finansów i Prawa w Bielsku-Białej

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2017

|

issue 3

EN

The paper describes practical problems relating to normalization of discrimination in labour law. It is about the role of compensation for discrimination, regardless of whether one takes into account either a compensatory or repressive role. The legal procedures with respect to employer's liability for discrimination are unclear, that is why there is a number of practical problems. The author has attempted to answer the question why, depending on the amount of compensation required, a damage have to or does not have to occur. The paper also refers to the issue of sharing the burden of proof in case of discrimination.

15

MOBBING W POLSKIM PORZĄDKU PRAWNYM

88%

Boczek M.

Eunomia – Rozwój Zrównoważony – Sustainable Development

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2018

|

issue 1(94)

53-62

EN

Regardless of how we treat mobbing - as a disease of civilization, or perhaps social incorrectness, mobbing is a social phenomenon - a form of rivalry of being better than others. Mobbing is not much talked about, shyly spelled, even less is counteracted. The aim of the study is to draw attention to the phenomenon of mobbing. To signal the necessity of introducing appropriate legal regulations into Polish law. Definitions of mobbing, problems with its detection, awareness of the scale of the threat and encouraging the joint initiative of the legislator, employers and employees. Introducing continuous monitoring, performing mobbing analyzes, which will contribute to increasing public awareness, will affect the effect of dealing with this problem. In a stripped down manner, the author presents the regulations of Polish law regarding mobbing. In the outline, he discusses the situations leading to the creation of mobbing, the legal consequences resulting from this fact, presents the ways of seeking redress and damages before the court. He analyzes the binding legal regulations regarding mobbing critically, pointing to the directions of their improvement as an incentive to undertake own research.

16

Interfaces and contradictions comparing adults' attitude to learning and employers' expectations

88%

Zuzevičiūtė V., Teresevičienė M., Rutkienė A.

Studies for the Learning Society

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2008

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vol. 1

|

issue 1

18-28

EN

This paper, based on empirical research, aims at analyzing interfaces and contradictions of employers' and employees' attitudes to in-service professional training. We present the results of a two-stage empirical research program. The research enabled the identification of the attitude to whether opportunities for learning are provided and what barriers can be identified. Also, the employers' attitudes to the ways of providing these opportunities, and certain contradictions and tasks for the future were identified. Several methods of empirical research have been employed as well as the critical and systemic analyses of documents and literature.

17

Kompetencyjny rollercoaster – rodzina, edukacja, praca i (nie)relacyjny wymiar tych przestrzeni

87%

Wawrzonek A.

Studia Edukacyjne

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2019

|

issue 54

EN

The main goal of the article is to indicate a significant issue of the shift of roles, competencies and functions we currently notice in various life areas as well as to stimulate reflection on reversing or at least redefining missions of institutions which prepare, or should prepare, for these roles. The insights I want to share are the result of literature studies as well as teaching experiences gained from the academic and school environment. I treat the title competency roller coaster as a metaphor for changes I observe being part of the world of science, education and work.

18

Współpraca wyższych uczelni z pracodawcami drogą do sukcesu absolwentów na rynku pracy

87%

Zając B.

Interdyscyplinarne Konteksty Pedagogiki Specjalnej

|

2015

|

issue 11

141-160

EN

The paper is an attempt od presenting different form of cooperation of universities and employers leading to increase of employability graduates, including those with disabilities. The problem of contemporary academic education is to assure suitability of education to employment of graduates, to open the educational process to labor market, and to shape such qualifications and skills that are needed by employers. In the content of the paper the advantages and barriers of cooperation with employers were presented. The main advantages are as follows (among others): increasing the recognition of universities among potential employers and candidates, increasing the quality of education and researches, increasing of chances of employment after graduation, building a net of contacts on business environment, increasing the quality of human capital, promoting images of companies as an attractive partner. Moreover, in the content of the paper the factors of obstacles of employability of people with disabilities were pointed out and characterized. The most important factors are combined with problems od administrative, financial, social, organizational, qualifications, information, infrastructural nature.

19

Holding jako pracodawca? Problemy indywidualnego prawa pracy w grupie spółek

75%

Raczkowski M.

Przegląd Prawa i Administracji

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2018

|

vol. 113

121-132

EN

The growing role of groups of companies in modern economy challenges traditional concepts of an employer. Since a holding de lege lata may not be treated as an employer, we need to fi nd other solutions for problems arising in multi-entity structures. Existing regulations, with direct or indirect support of art. 8 of the Labour Code, allow to minimize some aspects of abuse of legal personality, such as multiple employment and unfair restructuring. They allow to treat various activities of diff erent members of the group as if they were activities of the sole employer.

20

Personal data processing within the framework of cooperation between the employer and the trade union in individual employment matters

75%

Pisarczyk Ł., Miętek A.

Krytyka Prawa. Niezależne studia nad prawem

|

2021

|

vol. 13

|

issue 2

178-194

EN

The purpose of the paper is to analyse issues related to personal data processing within the framework of co-operation between the employer and trade unions in individual employment matters. The issues of personal data processing in collective relations are becoming more important especially due to lack of detailed legislative solutions, which results in the necessity to apply the general provisions of the GDPR as well as the latest changes to the Trade Unions Act. Pursuant to these changes, not only employees, but also persons performing gainful employment who are not employees can create and join trade unions as well as can be defended by the trade unions. The legislator frequently finds it difficult to adjust the protection of personal data to the specificity of collective relations, and the way in which the relationship between employers and trade unions is shaped in individual employment matters raises many questions in the context of personal data protection. The issue in question has not been explored in depth in the professional labour law literature. Thus, research on this subject is novel and justified from both the theoretical and the practical perspective. In the article, the formal-dogmatic method of research was used.

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