Authors:Tatiana Wrocławska Pages: 5 - 20 Abstract: Transnational strategies not only show the contemporary risks in the world of work, but also point to directions and measures to mitigate them. In this regard, recognising a certain regression in the protection of workers’ rights, it is worth emphasising the question of the role of decent and sustainable work, which occurs in one of the important documents of the International Labour Organisation (hereafter: the ILO). It is noteworthy that the adjective ‘sustainable’ increasingly appears in various social, economic, and environmental aspects, including but not limited to sustainable employment, the workplace, and sustainable work. This raises the question about the meaning of the phrase ‘decent and sustainable work’. Apart from a rather general link to certain areas of the strategic objectives, we do not find an answer to it in the documents in which it appears. For this reason, in the presented study it was decided to characterise briefly both concepts considering the achievements of the ILO and Eurofund as well as the relationship occurring between them. Moreover, an attempt was made to give an answer on the starting point for effectively counteracting negative phenomena and related risks in the world of work within the framework of the concept of decent work. PubDate: 2024-06-30 DOI: 10.18778/0208-6069.107.01 Issue No:Vol. 107 (2024)
Authors:Paweł Nowik Pages: 21 - 39 Abstract: Gig economy business models are based on the mass automation of management decisions and workplace surveillance, which require using vast amounts of data and conditioning the algorithmic management system to function optimally. As a result, data has become an increasingly valuable and strategic economic resource. Ride-hailing platforms were a pioneer in this area. The privacy policies of transport platforms such as Bolt, Uber, and Deliveroo specify the use of data to train machine learning algorithms, which form the basis of automated decision-making. The accumulation of data and the asymmetry of information on these platforms leads to a serious violation of privacy rights. As companies collect more and more data about us, we lose control over how that data is used. This issue was highlighted a few years ago by Professor Shoshana Zuboff, who used the term “surveillance capitalism”. Within its framework, the human rights category of the right to privacy becomes the new free raw material for producing behavioural data, and the current article aims to analyse this phenomenon. PubDate: 2024-06-30 DOI: 10.18778/0208-6069.107.02 Issue No:Vol. 107 (2024)
Authors:Zbigniew Hajn Pages: 41 - 53 Abstract: The article discusses the legal situation of self-employed workers in international labour law. In particular, it focuses on the International Labour Organisation’s (hereafter: the ILO) predominant and clearly articulated approach in its Employment Relationship Recommendation, 2006 (No. 198), of dichotomising workers into employees and genuinely self-employed, and making the scope of their protection dependent on their belonging to one of these categories. The author questions whether this is the most appropriate way to provide protection to workers working under various forms of contractual arrangements other than the employment contract, including persons to be defined as “genuinely self-employed dependent workers.” A separate strand of consideration is the legal situation of genuinely and independently self-employed workers. PubDate: 2024-06-30 DOI: 10.18778/0208-6069.107.03 Issue No:Vol. 107 (2024)
Authors:Eliza Maniewska Pages: 55 - 66 Abstract: Abstract. The presented study is concerned with the protection of wages in contractual employment relationships on the basis of Polish legislation and the standards of the International Labour Organisation, in particular Convention No. 95. By contractual employment relationships, the author means not only the relations based on an employment contract, but also any contractual relationship that creates on the part of the person performing work the obligation to perform work and on the part of the other party the obligation to pay remuneration for that work. The studies to date have not dealt extensively with the issues of the impact of International Labour Organisation’s (hereafter: ILO) standards on the level of wage protection in Poland. Furthermore, no thorough reflection on possible methods of such an impact and the setting of this issue on a timeline can be found. Research objective: Therefore, in this paper, the author made an attempt to answer the questions of whether, to what extent, and what relevance for wage protection in Poland should be attributed to the ILO standards defined in Convention No. 95, and whether, and how, this has changed over time. Methods: The research is based on a dogmatic analysis of the provisions of the Polish law and Convention No. 95 as well as the documents of the International Labour Organisation and the relevant legal literature. The historical method was applied to examine the transformations of wage protection in Poland. Conclusions: As a result of the analysis, the author concluded that, at the time of the ratification of Convention No. 95, the Polish law met its standards. The departure from these standards was initiated by the economic transformations that took place in Poland after the systemic changes which had begun in 1989. This resulted from the emergence of new forms of employment (provided in civil law) that were devoid of the protection inherent in labour law. An essential factor which made it possible to stop the deterioration of social protection associated with the process was the “anchoring” of Poland in the ILO. Indeed, covering the forms of employment based on civil law by the protection-comprising elements that are proper to labour law was largely due to the need to respect the norm set by the Convention standards. Moreover, the research carried out by the author allowed her to put forward a general thesis that international labour law should be assigned a kind of “fuse” role in addition to other roles it plays. It is because, to a large extent, it prevents a permanent departure from the developed standards of civilisation in the world of labour in situations where states are forced to depart from the standards on a temporary basis. PubDate: 2024-06-30 DOI: 10.18778/0208-6069.107.04 Issue No:Vol. 107 (2024)
Authors:Błażej Mądrzycki, Łukasz Pisarczyk Pages: 67 - 81 Abstract: The objective of this paper is to analyse the mechanisms established by the Directive 2022/2041 for the purpose of determining adequate and fair minimum wages and promoting collective bargaining. The authors present the objectives, scope of application, and legal nature of the provisions of the Directive, and subsequently undertake the clarification of the doubts that have emerged in the preparatory stages of the process of its transposition. Furthermore, the paper offers a preliminary reflection on the potential directions of the Directive’s impact on national laws. PubDate: 2024-06-30 DOI: 10.18778/0208-6069.107.05 Issue No:Vol. 107 (2024)
Authors:Małgorzata Kurzynoga Pages: 83 - 94 Abstract: The aim of this article is to justify the thesis that the right to be offline (the right to disconnect from digital tools) is not a redundant term. It is an original and autonomous right, distinct from the general right to rest. It is a right that arises in the new world of work, shaped by constant electronic and digital connectivity, designed with other needs in mind and exemplifying the increased legal protection required for rest and family time in the modern digital age. PubDate: 2024-06-30 DOI: 10.18778/0208-6069.107.06 Issue No:Vol. 107 (2024)
Authors:Iwona Sierocka Pages: 95 - 106 Abstract: The subject of considerations is the importance of EU regulations, especially Directive 89/391 EEC as for Polish regulations in the area of occupational health and safety. In the article, the author concentrates on the regulations governing the legal consultation with workers, or their representatives, on OHS matters. According to the Polish Labor Code, the consultations both on the workers’ and employers’ part are universal. This is because they include all workers and all employers. The subject of the legal consultations are all activities related to occupational health and safety. The Polish Labor Code provides guarantees that workers and their representatives will not suffer any negative consequences for performing consultative functions. In the author’s opinion, Polish regulations in the area of occupational health and safety fully implement the provisions of Directive 89/391/EEC. PubDate: 2024-06-30 DOI: 10.18778/0208-6069.107.07 Issue No:Vol. 107 (2024)
Authors:Dagmara Skupień Pages: 107 - 117 Abstract: This article presents the main acts of international law and the jurisprudence of European courts that aim to ensure decent working conditions for domestic workers. The author analyzes the legal status of this group of workers in Poland from the times before the Second World War until now. The publication argues that Polish legislation should be complemented by specific provisions concerning domestic workers. The introduction of such measures to the Polish legal system is necessary to align national law with the ILO legal acts. Moreover, the author proposes that state financial incentives for natural persons employing domestic workers should be available in certain cases to encourage the legalization of this type of work. PubDate: 2024-06-30 DOI: 10.18778/0208-6069.107.08 Issue No:Vol. 107 (2024)
Authors:Aneta Tyc Pages: 119 - 126 Abstract: In the first main part of the article, the author researches labour provisions included in the EU–New Zealand free trade agreement (FTA) of 2022. She explains why this FTA shall be perceived as a new, fifth generation FTA and what are the key changes the document offers compared to the fourth generation FTAs, e.g. the EU–Republic of Korea FTA. In her analysis, the author focuses on the possibility of imposing sanctions in the event of a serious violation of fundamental labour rights, as well as on “trade and gender equality” issues. She also highlights areas that need to be improved in future agreements concluded by the EU. In the second main part of the article, the author refers to the EU–Australia FTA, which is still under negotiation at the time of writing. She investigates the main factors influencing the bargaining process and pays attention to some of the most contentious issues between the EU and Australia. PubDate: 2024-06-30 DOI: 10.18778/0208-6069.107.09 Issue No:Vol. 107 (2024)
Authors:Marta Zbucka-Gargas Pages: 127 - 134 Abstract: The purpose of this publication is to identify those responsible for violations of basic labour rights in global supply chains. The free movement of finance capital does not go hand in hand with the protection of human rights, and the possibility of using the work of workers all over the world in production does not guarantee equal treatment in the field of elementary human rights. The weakness of many states, the need for capital investment, the race to keep costs low, and the lack of diligence in complying with the law result in human rights violations. The multitude of actors involved and the jurisdiction of many countries do not create a clear picture of liability. It is necessary to try to assign responsibility to those process participants who are involved in the creation of the supply chain and who benefit financially from it. PubDate: 2024-06-30 DOI: 10.18778/0208-6069.107.10 Issue No:Vol. 107 (2024)
Authors:Irmina Miernicka Pages: 135 - 145 Abstract: Over the years, concerns about working conditions and labour rights within the textile industry have become increasingly prominent. Addressing these issues, the International Labour Organisation (ILO) has played a pivotal role in shaping and improving working conditions across the textile sector. This paper aims to explore the key legal regulations and non-legislative initiatives undertaken by the ILO. The author refers to the texts of the conventions, studies of the ILO and other organisations, as well as the literature on law. The research conducted indicates that the ILO’s actions positively impacted the textile industry’s labour practices globally. Nevertheless, the author argues that it is necessary to adopt a convention specifically dedicated to labour rights in the textile industry, thereby promoting fair and sustainable practices that benefit workers, businesses, and economies. PubDate: 2024-06-30 DOI: 10.18778/0208-6069.107.11 Issue No:Vol. 107 (2024)
Authors:Leszek Mitrus Pages: 147 - 157 Abstract: The present elaboration is dedicated to the EU draft Directive on improving working conditions in platform work, and its potential implications for Polish labour law. Author introduces the planned amendments on employment status of platform workers, including the legal presumption on employment relationship, and new provisions on employment conditions for platform workers. PubDate: 2024-06-30 DOI: 10.18778/0208-6069.107.12 Issue No:Vol. 107 (2024)
Authors:Tomasz Duraj Pages: 159 - 175 Abstract: The purpose of this article is to present the most important areas of protection for the self-employed under UN and ILO law, as well as their relevance for national legal orders. This is in reference to the conclusions of the National Science Centre research project No. 2018/29/B/HS5/02534. Due to the limited framework of the article, the author only highlights the most important issues concerning the title issue. PubDate: 2024-06-30 DOI: 10.18778/0208-6069.107.13 Issue No:Vol. 107 (2024)
Authors:Alicja Bień Pages: 177 - 189 Abstract: Freedom of religion is one of the fundamental fundamental rights. As a human right, it is guaranteed by international law, European law, as well as national laws. It is a right that presents many challenges, especially in the context of the conflict between individual freedom, equality, and between individual autonomy and the collective freedoms of religious groups. Of particular interest is the issue of its protection in the work environment. The main purpose of the article is to examine whether the jurisprudence of the European Court of Human Rights (ECtHR) effectively regulates the issue of religious freedom in the workplace, providing employees with adequate protection. An analysis of Article 9 of the European Convention on Human Rights establishing religious freedom and the relevant ECtHR case law is carried out. PubDate: 2024-06-30 DOI: 10.18778/0208-6069.107.14 Issue No:Vol. 107 (2024)
Authors:Maciej Jarota Pages: 191 - 204 Abstract: The dialogue between employers and trade unions in the OHS sphere is a key element in strengthening workers’ health protection. Many ILO Conventions and Recommendations refer to cooperation between employers and workers on working conditions. In view of the new OHS risks, OHS consultations with workers should be strengthened. Their support should consist in popularising this form of dialogue. In addition, the introduction in the Labour Code of tools ordering the proceedings before the OHS Commission may be justified especially from the perspective of the efficiency and substantive course of its meetings. Poland should also ratify ILO Conventions No. 155 and No. 187, which could give more importance to consultations on matters of health and safety at work. PubDate: 2024-06-30 DOI: 10.18778/0208-6069.107.15 Issue No:Vol. 107 (2024)
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