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
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
License: This article is an open access article distributed under the terms and conditions of the Creative Commons Attribution license CC BY-NC-ND 4.0.

Employment law in the age of industrialisation in the Habsburg Monarchy

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
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.

Restrictions in Freedom of Business Activity and Worker Rights. Comparative Analysis of Provisions in Force During the 1st Wave of COVID-19 Pandemic and Constitutional Regulations on the State of Emergency

Author: Agata Ludera-Ruszel
Institution: University of Rzeszow
ORCID: https://orcid.org/0000-0003-4433-5884
Author: Karol Piękoś
Institution: University of Rzeszow
ORCID: https://orcid.org/0000-0003-4545-5909
Year of publication: 2021
Source: Show
Pages: 317-327
DOI Address: https://doi.org/10.15804/ppk.2021.06.25
PDF: ppk/64/ppk6425.pdf

The reaction of the Polish government to the COVID-19 pandemic was the undertaking of numerous actions, which resulted in restrictions in running a business activity. The made decisions gave rise to controversies due to the scale of restrictions despite failure to implement any of the constitutional states of emergency. The article presents an analysis of the scale of restrictions set during the first wave of the pandemic, and an attempt was made to compare their scope with solutions envisioned for the state of emergency.

Labour Law and ADR in Switzerland – Selected Topics Mediation, Arbitration and Collective Employment Contracts, Arbitrability of Labour Law Claims

Author: Piotr Wójtowicz
Institution: Attorney at Law in Zurich, research assistant at UZH
Year of publication: 2015
Source: Show
Pages: 209-222
DOI Address: https://doi.org/10.15804/tpn2015.1.11
PDF: tpn/8/TPN2015111.pdf

The article presents maters of contemporary Labour Law and Alternative Dispute Resolution (ADR) in Switzerland, regulated – or “outlined” – for the first time only recently. Amongst main things the study refers to such matters as: arbitration and collective employment contracts, mediation, and arbitrability of international and domestic labour disputes. These are presented thoroughly and compared with conclusions, and future options.

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