prawo pracy

  • Does the Civil Society Concept Exclude the Possibility of Lockout? Considerations upon the Basis of the Polish Constitution from 1997 and the Standards of the Council of Europe and European Union

    Author: Hanna Wiczanowska
    E-mail: hanna.wiczanowska@amu.edu.pl
    Institution: Adam Mickiewicz University in Poznan
    Year of publication: 2017
    Source: Show
    Pages: 171-184
    DOI Address: https://doi.org/10.15804/ppk.2017.06.11
    PDF: ppk/40/ppk4011.pdf

    One of the most crucial principles of democratic regime is the concept of civil society. The implications of such concept are also visible within the area of labour law as the right to strike has been perceived as its core element. The primary purpose of the presented article is to consider whether the application of the doctrine of civil society automatically disables for a recognition of lockout for the employers’ organizations within the Polish legal system as well as international standards. The presented paper will mainly rely upon the legal dogmatic analysis of the provisions of Polish Constitution from 1997 and international regulations. The author will also use the elements of the comparative analysis between Polish standards amd norms enacted by the Council of Europe and the European Union. The innovative approach of the paper is the complex analysis of the Polish solutions from the intenational perspective in terms of equality between labour and the capital.

  • PRAWO PRACOWNICZE W DOBIE INDUSTRIALIZACJI W MONARCHII HABSBURSKIEJ

    Author: RYSZARD TOMCZYK
    Year of publication: 2016
    Source: Show
    Pages: 167-187
    DOI Address: https://doi.org/10.15804/hso160108
    PDF: hso/10/hso1008.pdf

    The nineteenth century saw industrial modernisation, technological innovativeness and an increased demand for products in the Habsburg Monarchy. This brought about the development of the labourmarket The increase in the employment in the liberal economy and the related problems forced the authorities to introduce the regulations to control employment relationships. The article describes basic legal acts introduced into Austrian legislation until 1918.

  • Searching for Progress: Progressivism and the U.S. Supreme Court Jurisprudence (Some Remarks)

    Author: Edyta Sokalska
    E-mail: edyta.sokalska@uwm.edu.pl
    Institution: Warmia and Mazury University in Olsztyn
    ORCID: https://orcid.org/0000-0003-0903-7726
    Year of publication: 2020
    Source: Show
    Pages: 443-462
    DOI Address: https://doi.org/10.15804/ppk.2020.05.33
    PDF: ppk/57/ppk5733.pdf

    In American legal historiography, the debate concerning the exact contours and reforms of the Progressive Era is still ongoing. In the late 19th and early 20th centuries, the American reform movements tried to match American ideals with the challenges of the times. Although progressive attitudes toward the economy, taxation, foreign policy, labor law, social standards, human rights, women’s suffrage, rapid urbanization and unrestricted immigration highlighted the necessity of reforms, such progress was seen from a variety of perspectives. We may ask the question if American legal thought that time was really progressive. The jurisprudence of the U.S. Supreme Court profoundly influenced the shape of the legal order in economic and labor law. Unfortunately, some decisions were not compatible with the visions of progressive reformers and reflected the ideological attitudes of the justices rather than an aspiration for reform.

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