Zjawiska niepożądane w zatrudnieniu z perspektywy prawa pracy – wybrane zagadnienia
Undesirable Phenomena in Employment from the Perspective of Labour Law - Selected Issues
Contributor(s): Magdalena Paluszkiewicz (Editor), Ewa Staszewska (Editor)
Subject(s): Law, Constitution, Jurisprudence, Labour and Social Security Law
Published by: Wydawnictwo Uniwersytetu Łódzkiego
Keywords: occupational burnout; pathologies in the work environment; mobbing; violence in the workplace; remote work; disability; reasonable accommodation; equal treatment; sexual harassment; ILO Convention 190
Summary/Abstract: The monograph 'Undesirable Phenomena in Employment from the Perspective of Labour Law - Selected Issues' has been prepared by students of the Faculty of Law and Administration of the University of Lodz - members of the Students' Scientific Circle of Labour Law operating at the Labour Law Department of the University of Lodz. The publication contains a collection of studies on undesirable phenomena in the work environment, in which the authors analyse legal solutions concerning, among others, mobbing or discrimination, drawing attention to their imperfection and formulating de lege ferenda postulates. The considerations are set not only on the grounds of Polish labour law, but also take into account international documents - including, in particular, the International Labour Organisation Convention No. 190 of 2019 on the Elimination of Violence and Harassment in the World of Work, around which lively scientific discussions have recently been taking place. The threat of the emergence of new undesirable phenomena in employment, which may be a consequence of, among other things, the development of modern technologies, has not escaped the authors' attention either. The preparation of the study by the youngest researchers of labour law, allows for a slightly different perspective on the perception of the issue in question, which may enliven the scientific discourse in this area.
Series: Uniwersytet Łódzki
- E-ISBN-13: 978-83-8331-307-8
- Print-ISBN-13: 978-83-8331-369-6
- Page Count: 112
- Publication Year: 2023
- Language: Polish
Słowo wstępne
Słowo wstępne
(Foreword)
- Author(s):Magdalena Paluszkiewicz, Ewa Staszewska
- Language:Polish
- Subject(s):Law, Constitution, Jurisprudence, Labour and Social Security Law
- Page Range:7-8
- No. of Pages:2
Przemoc w pracy i sposoby jej eliminowania w świetle Konwencji nr 190 MOP
Przemoc w pracy i sposoby jej eliminowania w świetle Konwencji nr 190 MOP
(Violence at work and ways of eliminating it in light of ILO Convention No. 190)
- Author(s):Zuzanna Bartosik
- Language:Polish
- Subject(s):Law, Constitution, Jurisprudence, Labour and Social Security Law
- Page Range:9-22
- No. of Pages:14
- Keywords:violence at work; bullying; harassment; sexual harassment; ILO Convention 190
- Summary/Abstract:This study investigates the new definition of violence and harassment included in ILO Convention No. 190 and selected measures for its elimination provided in the convention act. These proposals have been compared with the currently binding Polish regulations. The aim of the study is to conduct a comparison and to show how laconic and oftentimes imprecise – in relation to the demands formulated in the convention Polish regulations remain in many respects. The paper will highlight the most intriguing solutions provided for by the convention, yet not currently implemented in the Polish legal system.
Zjawiska patologiczne niesklasyfikowane jako mobbing – postulaty de lege ferenda
Zjawiska patologiczne niesklasyfikowane jako mobbing – postulaty de lege ferenda
(Pathological phenomena not classified as mobbing – de lege ferenda postulates)
- Author(s):Magdalena Fonderska, Damian Pietrzak
- Language:Polish
- Subject(s):Law, Constitution, Jurisprudence, Labour and Social Security Law
- Page Range:23-37
- No. of Pages:15
- Keywords:mobbing; pathologies in the work environment; violence in the workplace; pathological phenomena; personal rights; remote work
- Summary/Abstract:The aim of the study is to examine the applicable legal regulations on mobbing in relation to the evolving forms provision of work and other pathological phenomena not classified as mobbing. The starting point for the considerations is the definition of mobbing contained in the applicable provisions of labor law. Personal rights were also subjected to a detailed analysis, the violation of which may be the basis for pathological behavior not classified as mobbing.
Wybrane środki realizacji obowiązku pracodawcy przeciwdziałania mobbingowi. Rola komisji antymobinggowych w świetle orzecznictwa sądowego
Wybrane środki realizacji obowiązku pracodawcy przeciwdziałania mobbingowi. Rola komisji antymobinggowych w świetle orzecznictwa sądowego
(Selected measures to implement the employer’s obligation to counter mobbing. The role of Anti-Mobbing Committees in Light of Court Jurisprudence)
- Author(s):Paulina Piątkowska, Agnieszka Zychla
- Language:Polish
- Subject(s):Law, Constitution, Jurisprudence, Labour and Social Security Law
- Page Range:39-50
- No. of Pages:12
- Keywords:anti-mobbing; anti-mobbing commission; pathologies in the workplace
- Summary/Abstract:The study focuses on the issue of anti-mobbing proceedings. In this text, the Anti-Mobbing Committee was taken under the microscope in the light of jurisprudence. It is a special body because its members are selected by the employer, who may also turn out to be a mobber. This is controversial due to the possible lack of objectivity. The authors also noted that the anti-mobbing procedure itself is not widespread among employees, and it is the employer’s duty to define it. The paper also draws attention to e.g., for allowing the need to share protocols of specific proceedings of the Anti-mobbing Committee or its responsibility for tasks in situations where it was appointed by the employer. After analyzing the jurisprudence, the authors come to various conclusions and emphasize the importance of the existence of the Anti-Mobbing Committee and some aspects related to it, both with the committee itself and its role in the above-mentioned procedure.
Zjawisko wypalenia zawodowego i potrzeba jego regulacji w polskim prawie pracy
Zjawisko wypalenia zawodowego i potrzeba jego regulacji w polskim prawie pracy
(The phenomenon of occupational burnout and the need for its regulation in Polish Labor Law)
- Author(s):Aleksandra Ficner, Adrian Szymanowski
- Language:Polish
- Subject(s):Law, Constitution, Jurisprudence, Labour and Social Security Law
- Page Range:51-65
- No. of Pages:15
- Keywords:occupational burnout; pathologies in the work environment; workplace
- Summary/Abstract:The article deals with the issue of the concept of occupational burnout. The work includes aspects of foreign solutions related to this term, as well as de lege ferenda postulates in the field of Polish labor law regulations relating to pathologies in the work environment that can lead to professional burnout.
Racjonalne usprawnienia jako główny instrument w przeciwdziałaniu dyskryminacji ze względu na niepełnosprawność w zatrudnieniu
Racjonalne usprawnienia jako główny instrument w przeciwdziałaniu dyskryminacji ze względu na niepełnosprawność w zatrudnieniu
(Reasonable accommodation as the main instrument in countering discrimination based on disability in employment)
- Author(s):Justyna Drożdż
- Language:Polish
- Subject(s):Law, Constitution, Jurisprudence, Human Rights and Humanitarian Law
- Page Range:67-81
- No. of Pages:15
- Keywords:disability; reasonable accommodation; equal treatment
- Summary/Abstract:The concept of reasonable accommodation for persons with disabilities and the employer’s obligation to implement it has been extensively described in the doctrine, given its ambiguous recognition in international or national legislation. By analysing national and European jurisprudence, literature, reports and so-called good practices, this chapter will be dedicated to any necessary changes adapter to the needs of people with disabilities in the workplace, so-called reasonable accommodation, to combat discrimination inemployment.
Praca zdalna w dobie pandemii i związane z nią wyzwania dla pracowników
Praca zdalna w dobie pandemii i związane z nią wyzwania dla pracowników
(Remote working in pandemic and its challenges for employees)
- Author(s):Julia Bołdyrew
- Language:Polish
- Subject(s):Law, Constitution, Jurisprudence, Labour and Social Security Law
- Page Range:83-97
- No. of Pages:15
- Keywords:remote work; teleworking; Anti-Crisis act; violation of employee rights; Labour Code amendment
- Summary/Abstract:In last three years, especially as an effect of COVID-19 pandemic, the remote work became commonly used solution, but implementation of this form of the work in many professions, with many workers at the same time with no previous preparations led to numerous problems, like necessity of providing access to equipment and Internet, need to reorganisation of working time and attempt to adaptation of tasks to a cyberspace. It created an occasion to abuses and misuses the uncompleted law regulations by some employers. It was aided by regulations of Labour Code norming the question of teleworking which was not enough for pandemic situation and regulations of so-called Anti-Crisis act which allowed the employers to implement the remote working without the consent of employees. Consequently, legislator devised the project of Labour Code amendment which aim was also to defining and implementing remote work to legal system in concordance with other labour law regulations. The aim of the study is an attempt to point main problems of employees in situation of remote work, analysis of teleworking and remote working regulations and evaluation of its utility as well as presentation regulations of Labours Code amendment and its role in improving the employees’ situation after pandemic.
Prawo do bycia offline podstawowym prawem pracowników pracujących zdalnie
Prawo do bycia offline podstawowym prawem pracowników pracujących zdalnie
(The right to be offline as a fundamental right of employees working remotely)
- Author(s):Katarzyna Olejnik
- Language:Polish
- Subject(s):Law, Constitution, Jurisprudence, Labour and Social Security Law
- Page Range:99-111
- No. of Pages:13
- Keywords:remote work; fundamental employees’ rights; right to disconnect
- Summary/Abstract:More than three years ago, the world faced the COVID-19 pandemic. Most of the world’s countries have united to jointly counteract the spread of the SARS-CoV-2 virus. Many mandatory and optional solutions have been introduced to contain the pandemic. One of them was the recommendation addressed to employers to instruct employees – if possible – to work remotely (so-called home office). This allowed a large number of people to stay at home, which was supposed to minimize the risk of getting sick. Over time, this solution has become widely used as an alternative to traditional work, i.e. stationary work at the employer’s premises. While home-office working is intended to benefit both employers and employees, it is not without its disadvantages. These include, among others, the problem of protecting the employee’s privacy or his or her working time, especially with regard to the protection of his or her free time. The main part of the study will focus on the premises for the implementation of the right to be offline. The research methods used in the following study will be the literaturę analysis method and the formal-dogmatic method.
