Opis
The book is a complete analysis of the institution of the Polish labour law. It covers issues regarding both individual and group working relationships, especially those which involve trade unions, worker's councils and European works councils. Topics referring to the job market and the role of the state in its regulation have also been touched upon. This comprehensive analysis of the Polish labour law will allow the readers to fully familiarise themselves with regulations of labour law which are binding in Poland. The book will be useful not only for the readers from abroad. A number of institutions of the Polish labour law are presented in great detail. Many cases introduce different views from judicial decisions and the most appropriate manner of interpreting the provisions. Owing to the above, this book will be of invaluable assistance to practitioners working in international corporations or for international clients. The publication takes into account the current legal status and new regulations introduced to the Labour Code with respect to contracts for a fixed term and parental leaves. Spis treściTITLE ONE GENERAL LABOUR LAW | p. 19 Chapter I The concept and subject-matter of labour law | p. 21 1. Definitions of labour law | p. 21 2. Classification of labour law | p. 24 3. Characteristics of labour law | p. 25 3.1. General notes | p. 25 3.2. Uniformity and differentiation of labour law | p. 26 3.3. Europeanisation of labour law | p. 26 Chapter II Labour law in the Polish legal system | p. 28 1. General notes | p. 28 2. Labour law and civil law | p. 28 3. Labour law and social insurance law | p. 29 4. Labour law and copyright law | p. 30 5. Labour law and constitutional law | p. 30 6. Labour law and administrative law | p. 31 7. Labour law and criminal law | p. 31 8. Labour law and international law | p. 32 Chapter III Functions of labour law | p. 33 1. Overview of functions of labour law | p. 33 2. Protective function of labour law | p. 34 3. Organisational function of labour law | p. 35 4. Irenic function of labour law | p. 36 5. Redistributive function of labour law | p. 38 Chapter IV Interpretation of provisions of labour law | p. 40 1. The concept and subject-matter of interpretation of labour laws | p. 40 2. Types of interpretation of labour law provisions | p. 41 3. Process of interpretation of labour laws | p. 42 4. Loopholes in labour law | p. 43 Chapter V Principles of labour law | p. 45 1. The concept and meaning of labour law principles in the Polish labour law doctrine | p. 45 2. Systematisation of the principles of labour law | p. 47 3. Functions of labour law principles | p. 49 4. Characteristics of fundamental principles of labour law set out in the Labour Code | p. 51 4.1. Principle of the right to work and the freedom of labour | p. 51 4.2. Principle of freedom to enter employment relationship and to determine the terms of employment | p. 54 4.3. Principle of respect by an employer of employee's dignity and of other employee's personal rights | p. 56 4.4. Principle of equal treatment and non-discrimination in employment | p. 59 4.5. Principle of the right to fair remuneration for work | p. 60 4.6. Principle of the right to rest | p. 63 4.7. Principle of provision by an employer of safe and healthy working conditions | p. 65 4.8. Principle of meeting the vital, social and cultural needs of employees | p. 67 4.9. Principle of facilitation of skills upgrading | p. 68 4.10. Favourability principle (zasada uprzywilejowania pracownika) | p. 69 4.11. Fundamental principles of collective labour law | p. 72 Chapter VI Overview of the history of the Polish labour law | p. 74 Chapter VII Equal treatment in employment | p. 78 1. The concept of equal treatment | p. 78 2. Principle of equal treatment in employment | p. 79 3. Forms of discrimination | p. 79 4. Harassment and sexual harassment | p. 80 5. Justified differentiation | p. 81 6. Consequences of breach of the principle of equal treatment in employment | p. 81 Chapter VIII Sources of labour law | p. 83 1. The concept and hierarchy of sources of labour law | p. 83 2. General sources of labour law | p. 85 2.1. Constitution of the Republic of Poland | p. 85 2.2. Acts/laws (ustawy) | p. 86 2.3. Regulations (rozporządzenia) | p. 88 3. Specific sources of labour law | p. 89 3.1. Collective agreements | p. 89 3.1.1. Legal nature of collective agreements | p. 89 3.1.2. Personal scope of collective agreements | p. 90 3.1.3. Material scope of collective agreements | p. 91 3.1.4. Procedures for the conclusion of collective agreements | p. 93 3.1.5. Registration of collective agreements | p. 94 3.1.6. Entry into force of collective agreements | p. 96 3.1.7. Transformations of collective agreements | p. 96 3.1.8. Termination of collective agreements | p. 97 3.1.9. Sectoral collective agreements (ponadzakładowe układy zbiorowe pracy) | p. 99 3.1.10. Company-level collective agreements (zakładowe układy zbiorowe pracy) | p. 100 3.2. Agreements in connec