edited by Krzysztof W. Baran

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1 outline of polish labour law system edited by Krzysztof W. Baran Krzysztof W. Baran, Bolesław M. Ćwiertniak Dominika Dörre-Kolasa, Zbigniew Góral Mariusz Lekston, Krzysztof Walczak Mirosław Włodarczyk, Marcin Wujczyk

2 outline of polish labour law system edited by Krzysztof W. Baran Krzysztof W. Baran, Bolesław M. Ćwiertniak Dominika Dörre-Kolasa, Zbigniew Góral Mariusz Lekston, Krzysztof Walczak Mirosław Włodarczyk, Marcin Wujczyk Zamów książkę w księgarni internetowej WARSZAWA 2016

3 Publikacja została dofinansowana przez Wydział Prawa i Administracji Uniwersytetu Jagiellońskiego Recenzent Dr hab. Anna Musiała Wydawca Magdalena Stojek-Siwińska Redaktor prowadzący Joanna Maź Opracowanie redakcyjne Anna Sorówka-Łach Łamanie Violet Design Wioletta Kowalska Indeks rzeczowy Dominika Zielińska, Piotr Sekulski Ta książka jest wspólnym dziełem twórcy i wydawcy. Prosimy, byś przestrzegał przysługujących im praw. Książkę możesz udostępnić osobom bliskim lub osobiście znanym, ale nie publikuj jej w internecie. Jeśli cytujesz fragmenty, nie zmieniaj ich treści i koniecznie zaznacz, czyje to dzieło. A jeśli musisz skopiować część, rób to jedynie na użytek osobisty. SZANUJMY PRAWO I WŁASNOŚĆ Więcej na POLSKA IZBA KSIĄŻKI Copyright by Wolters Kluwer SA, 2016 ISBN: Dział Praw Autorskich Warszawa, ul. Przyokopowa 33 tel ksiazki@wolterskluwer.pl księgarnia internetowa

4 ABOUT THE AUTHORS Krzysztof W. Baran Professor and Head of the Chair of Labour Law and Social Policy of the Jagiellonian University in Kraków. He has a broad expertise and tutoring experience in training human resources staff. He is the author and co-author of about 200 publications embracing several monographs, textbooks and commentaries, including commentaries to the Labour Code and collective labour law acts. Professor is also the editor-in-chief of the fundamental for the Polish labour law twelve-volume publication on the Polish labour law system: System prawa pracy. Bolesław Maciej Ćwiertniak Professor at the Institute of Administration and Law at Humanitas University in Sosnowiec. He is Secretary of Legal and Economic Studies Committee at the Polish Academy of Sciences Branch in Katowice and the author and co-author of over 160 publications in the field of labour law and social policy, civil service, local government law. Dominika Dörre-Kolasa Doctor of Law, lecturer at the Chair of Labour Law and Social Policy of the Jagiellonian University in Kraków, legal advisor. She is a recognised expert in the field of protection of personal rights and the author of several publications on labour law, including those pertaining to the protection of personal data and personal rights of employees, workplace monitoring, harassment and mobbing. Zbigniew Góral Professor at the University of Łódź, Head of the Chair of Labour Law, former Vice-Chancellor and Dean of the Faculty of Law and Administration. He is the author of about 150 publications concerning labour law, civil service, unemployment, and collective labour law. Mariusz Lekston Doctor of Law and Vice-Chancellor for Organizational, Legal and Human Resources Affairs at Humanitas University in Sosnowiec. He represents the University with respect to labour law matters. He is Assistant Professor at the Institute of Administration and Law at Humanitas University and the author of publications in the field of labour law, including those covering issues of employment of academic teachers and uniformed services.

5 6 About the authors Krzysztof Walczak Professor at the Faculty of Management of the University of Warsaw, partner and consultant in a legal firm. He is the author of over 150 publications in the field of Polish and European labour law and co-author of commentaries to the Labour Code and collective labour law acts. Mirosław Włodarczyk Professor and Head of the Chair of the Law of Social Security and Social Policy at the University of Łódź, Supervisor of PhD studies at the Faculty of Law and Administration. He is the author of about 70 academic publications concerning the sources of labour law, subjects and content of the employment relationship, employment of young people and children, and regulation of the labour market. Marcin Wujczyk Doctor of Law and Assistant Professor at the Chair of Labour Law and Social Policy at the Jagiellonian University in Kraków. Since 2013 he has been a member of the European Committee of Social Rights of the Council of Europe. In the years he conducted research on discrimination in employment as an academic visitor at Oxford University. He holds the position of Secretary in Labour Law and Social Policy Studies at the Jagiellonian University. He is also a member of the Editorial Board of the European Journal of Social Security (EJSS) and a national correspondent for European Labour Law Cases. Since 2015 he has been a member of the Executive Committee of the International Labour and Employment Relations Association (ILERA). He is the author of a number of publications on individual and collective employment and labour law, including a monograph Wypowiedzenie zmieniające concerning conditions for termination of an employment contract and the award-winning book on the employee s right to privacy protection Prawo pracownika do ochrony prywatności.

6 TABLE OF CONTENTS TITLE ONE GENERAL LABOUR LAW 19 Chapter I The concept and subject-matter of labour law Definitions of labour law Classification of labour law Characteristics of labour law General notes Uniformity and differentiation of labour law Europeanisation of labour law 26 Chapter II Labour law in the Polish legal system General notes Labour law and civil law Labour law and social insurance law Labour law and copyright law Labour law and constitutional law Labour law and administrative law Labour law and criminal law Labour law and international law 32 Chapter III Functions of labour law Overview of functions of labour law Protective function of labour law Organisational function of labour law Irenic function of labour law Redistributive function of labour law 38 Chapter IV Interpretation of provisions of labour law The concept and subject-matter of interpretation of labour laws 40

7 8 Table of contents 2. Types of interpretation of labour law provisions Process of interpretation of labour laws Loopholes in labour law 43 Chapter V Principles of labour law The concept and meaning of labour law principles in the Polish labour law doctrine Systematisation of the principles of labour law Functions of labour law principles Characteristics of fundamental principles of labour law set out in the Labour Code Principle of the right to work and the freedom of labour Principle of freedom to enter employment relationship and to determine the terms of employment Principle of respect by an employer of employee s dignity and of other employee s personal rights Principle of equal treatment and non-discrimination in employment Principle of the right to fair remuneration for work Principle of the right to rest Principle of provision by an employer of safe and healthy working conditions Principle of meeting the vital, social and cultural needs of employees Principle of facilitation of skills upgrading Favourability principle (zasada uprzywilejowania pracownika) Fundamental principles of collective labour law 72 Chapter VI Overview of the history of the Polish labour law 74 Chapter VII Equal treatment in employment The concept of equal treatment Principle of equal treatment in employment Forms of discrimination Harassment and sexual harassment Justified differentiation Consequences of breach of the principle of equal treatment in employment 81 Chapter VIII Sources of labour law The concept and hierarchy of sources of labour law General sources of labour law Constitution of the Republic of Poland Acts/laws (ustawy) Regulations (rozporządzenia) Specific sources of labour law Collective agreements Legal nature of collective agreements Personal scope of collective agreements 90

8 Table of contents Material scope of collective agreements Procedures for the conclusion of collective agreements Registration of collective agreements Entry into force of collective agreements Transformations of collective agreements Termination of collective agreements Sectoral collective agreements (ponadzakładowe układy zbiorowe pracy) Company-level collective agreements (zakładowe układy zbiorowe pracy) Agreements in connection with transfer of business to a new employer Agreement on suspension of provisions of labour law Agreements on application of less favourable terms and conditions of employment Teleworking agreements Social agreements (porozumienia społeczne) Internal regulations Internal rules (regulaminy) Wage rules (regulamin wynagradzania) Work rules (regulamin pracy) Statutes (statuty) International labour law International labour regulations Labour law of the Council of Europe Legal acts adopted in the European Union and their effect Areas covered by European labour law 116 TITLE TWO INDIVIDUAL LABOUR LAW 119 Chapter IX Employment relationship Concept and nature of employment relationship Concepts of employment relationship Characteristics of employment relationship Labour law employment relationship (stosunek pracy) and other employment relationships (stosunki zatrudnienia) The concepts of self-employment and employment Types of non-employee employment (employment not between an employee and an employer) Elements of the labour law employment relationship Parties to the labour law employment relationship General notes Employee The concept of an employer Employer a natural person Employer an organisational unit Representation of an employer being an organisational unit 138

9 10 Table of contents Chapter X Contract of employment Internal and external recruitment Protection of personal data of job candidates and employees Types of contracts of employment Contract for a probationary period (umowa na okres próbny) Contract for a fixed term (umowa na czas określony) Contract of employment for an indefinite term (umowa o pracę na czas nieokreślony) Telework Contents of a contract of employment 145 Chapter XI Transformations of an employment relationship Change of an employment relationship Agreement to amend the terms and conditions of employment (porozumienie zmieniające) Notice of amendment of the terms and conditions of a contract of employment (wypowiedzenie zmieniające warunki umowy o pracę) Assignment of an employee to other work Temporary change of terms and conditions of a contract of employment resulting from specific regulations 166 Chapter XII Termination of an employment relationship Introduction Agreement between the parties Restrictions on termination of a contract of employment General protection of sustainability of an employment relationship Consultation (with a company trade union organisation) of the intention to terminate a contract for an indefinite term Consultation (with a company trade union organisation) of the intention to terminate a contract of employment without notice Special protection of sustainability of an employment relationship Restrictions on termination of a contract of employment by reason of personal or family situation of an employee Protection of the employment relationship during a pre-retirement period Protection of the employment relationship during a period of excusable absence Protection of the employment relationship of pregnant women or women during maternity leave Restrictions on termination of a contract of employment based on the employee s function Special protection of sustainability of the employment relationship of employees performing trade union functions 176

10 Table of contents Special protection of sustainability of the employment relationship of members of workers council Special protection of sustainability of the employment relationship of a social labour inspector Termination of a contract of employment upon notice Notice of termination of a contract of employment as a unilateral declaration of will Scope of application of a notice of termination as a method of termination of a contract of employment Formal requirements Notice periods for termination of a contract of employment Reduction of a notice period Job-search leave of absence (zwolnienie na poszukiwanie pracy) Termination of a contract of employment without notice Termination of a contract of employment without notice by an employer Termination of a contract of employment without notice by an employer for reasons attributable to an employee Termination of a contract of employment without notice by an employer for reasons not attributable to an employee Termination of a contract of employment without notice by an employee Termination of a contract of employment without notice by an employee for reasons not attributable to an employer Termination of a contract of employment without notice by an employee for reasons attributable to an employer Legal consequences of defective termination of a contract of employment Legal consequences of defective termination of a contract of employment upon notice Legal consequences of defective termination of a contract of employment without notice by an employer Legal consequences of defective termination of a contract of employment without notice by an employee Other cases of termination of a contract of employment by an employee Termination of a contract of employment in connection with reinstatement Termination of a contract of employment in connection with acquisition of an employee by a new employer Expiration of a contract of employment Death of an employee Death of an employer Employee s absence from work caused by pre-trial detention Claims in connection with expiration of an employment relationship 216 Chapter XIII Transfer of an establishment to another employer The concept of transfer of an establishment or a part of an establishment to another employer Succession of obligations 218

11 12 Table of contents 3. Negotiations with an employees representation and information obligation in the absence of trade unions Rights of employees 220 Chapter XIV Employment of temporary agency workers Introduction Restrictions on temporary agency work Material restrictions Time restrictions of temporary agency work Personal restrictions User-employer Temporary-work agency Conclusion and content of a temporary work contract Protection of a temporary agency worker against discrimination 228 Chapter XV Non-contractual employment relationships The concept and classification of non-contractual employment relationships The concept and origins of non-contractual employment relationships Classification of non-contractual employment relationships Employment relationship by election (wybór) The scope of employment relationships by election Legal nature of an employment relationship by election Establishment of an employment relationship by election Admissibility of amendment of the terms and conditions of employment by election Ending the employment relationship by election Rights and obligations of elected employees Employment relationship by appointment (powołanie) The scope of employment relationships by appointment Legal nature of the act of appointment Establishment of an employment relationship by appointment Admissibility of amendment of the terms and conditions of employment by appointment Ending the employment relationship by appointment Terms of employment relationship of appointed employees Employment relationship by nomination (mianowanie) The scope of employment relationships by nomination Legal nature of the act of nomination Establishment of an employment relationship by nomination Amendment of the terms and conditions of employment by nomination Ending the employment relationship of nominated employees Terms of employment relationship of nominated employees 254

12 Table of contents 13 Chapter XVI Rights and obligations of the parties to an employment relationship Obligations of an employer Information obligation Obligation to properly organise work Obligation to prevent discrimination Obligation to ensure safe and healthy working conditions Obligation to pay wages timely and properly Obligation to facilitate upgrading of professional skills Obligation to create an environment conducive to adaptation to proper performance of work Obligation to meet social needs of employees Obligation to apply objective and fair criteria of evaluating employees Obligation to keep documentation and personnel files Obligation to foster development of the rules of social coexistence in the workplace Obligation to prevent mobbing Obligation to issue an employment certificate (świadectwo pracy) Contents of an employment certificate Legal fictions in the employment certificate Procedure for rectification of the employment certificate Claim for compensation Obligations of an employee Obligation to perform work diligently and with due care Obligation to comply with superiors instructions Employee s obligations relating to order at the workplace Obligation to have regard for the welfare of the establishment Obligation of secrecy Obligation to comply with the rules of social coexistence 278 Chapter XVII Non-compete obligation General principles Restrictions on competitive activity in the absence of non-compete agreement Non-compete agreement during the term of employment relationship Post-employment non-compete agreement 282 Chapter XVIII Remuneration for work Legal bases for wage setting Prohibition of wage discrimination Protection of remuneration for work Rules of payment of remuneration Restrictions on deductions from remuneration Benefits in the case of non-performance of work Benefits payable to an employee in connection with ending an employment relationship Protection of employees claims in case of the employer s insolvency 294

13 14 Table of contents Chapter XIX Working time The concept of working time Number of working hours Rest period Working time systems Overtime work Duty hours Working time of managers Work at night Work on Sundays and on public holidays 307 Chapter XX Leaves Annual leave Essential elements of the concept of annual leave Acquisition of right to the annual leave Amount of the annual leave Rules for granting of leave Deferral of the leave in unforeseen circumstances Proportionate leave Leave on demand Termination of a contract of employment and the right to annual leave Unpaid leave Special leaves (zwolnienia okolicznościowe) 317 Chapter XXI Liability for breach of order at the workplace and disciplinary liability General notes Liability for breach of order at the workplace (odpowiedzialność porządkowa) Legal nature and conditions of liability for breach of order at the workplace Infringements and penalties for breach of order at the workplace Procedure for imposing penalties for breach of order at the workplace Appeals procedure Declaring the penalty null and void Disciplinary liability (odpowiedzialność dyscyplinarna) Personal scope and conditions of disciplinary liability Types of disciplinary penalties Disciplinary boards and disciplinary prosecutor Disciplinary procedure and judicial review of disciplinary decisions Deletion of penalty from files (zatarcie kary) Minor infringements 330 Chapter XXII Financial liability of employees Legal nature and conditions of financial liability of employees Financial liability for the damage caused by the employee unintentionally 335

14 Table of contents Financial liability for the damage caused by the employee intentionally Liability for damage caused to a third party Responsibility for the entrusted property Financial liability for the damage caused by the employee to the entrusted property Mitigation of liability for the entrusted property Joint liability of employees for the entrusted property Limitation of claims 345 Chapter XXIII General protection of labour Introduction Basic obligations of an employer in respect of the occupational health and safety (OHS) Responsibility for health and safety at work Obligation to cooperate with other employers Training obligation Obligation to familiarise the employees with OHS rules and regulations Obligations in respect of preventive health care of employees Obligation to inform of occupational risk Obligation to prevent occupational diseases and other work-related diseases Obligation to perform preventive medical examinations Obligation to provide employees with supportive drinks and meals Obligation to provide employees with appropriate hygiene and sanitary facilities and necessary personal hygiene and sanitary products Other obligations of the employer Rights and obligations of employees in respect of occupational health and safety Right to refrain from work Obligation to comply with OHS rules and regulations Labour protection bodies OHS service Occupational health and safety commission Consultations on occupational health and safety Compensation for property lost or damaged in connection with an accident at work 357 Chapter XXIV Protection of parenthood Introduction Prohibition on the employment of women in work which is particularly arduous or harmful to health Principles of employment of pregnant workers Leaves connected with raising children Rights of employees raising children Special protection of sustainability of employment relationship 365

15 16 Table of contents Chapter XXV Employment and protection of work of young people and children Employment of adolescents Introduction Contract of employment for vocational preparation (umowa o pracę w celu przygotowania zawodowego) Protection of health of young workers Employment of adolescents under a contract of employment for performing light-duty work Employment of children below 16 years of age 373 TITLE THREE COLLECTIVE LABOUR LAW 377 Chapter XXVI Freedom of association Introduction Freedom of association in trade unions and employers organisations Freedom of association in trade unions Freedom of association in employers organisations Models of organisation of workers and employers movement Independence of trade unions and employers organisations Self-governance of trade unions and employers organisations 388 Chapter XXVII Legal status of trade unions Establishment of trade unions Registration of trade unions Functions of trade unions Powers of trade unions 398 Chapter XXVIII Employers organisations Establishment of employers organisations Registration of employers organisations Functions and powers of employers organisations 407 Chapter XXIX Employee participation Introduction Ad hoc representatives Workers councils European Works Council Other forms of employee participation 415 Chapter XXX Social dialogue The concept of social dialogue 416

16 Table of contents Council of Social Dialogue (Rada Dialogu Społecznego) Competences of the Council of Social Dialogue Voivodeship (provincial) councils of social dialogue (wojewódzkie rady dialogu społecznego) Social dialogue in the law-making process Social dialogue on the labour market Social dialogue in matters relating to occupational health and safety Participation of representatives of social partners in supervision of public institutions as a form of social dialogue Social dialogue in the establishment 424 Chapter XXXI Collective labour disputes Introduction The subject-matter of a collective labour dispute Parties to a collective labour dispute Initiation of a collective labour dispute Methods of resolving collective labour disputes Irenic methods of resolving collective labour disputes Conciliation Mediation Arbitration Non-irenic methods of resolving collective labour disputes Strike Right to strike Restrictions of the right to strike Principles of organisation of a strike Other industrial actions Lockout 444 TITLE FOUR PROCEDURAL LABOUR LAW 447 Chapter XXXII Legal protection of labour relations Models of legal protection in labour relations Out-of-court legal protection bodies Labour courts Organisation of labour courts Powers of labour courts Introduction Matters involving claims arising from employment relationship Matters involving employment-related claims Matters involving claims arising from other legal relationships to which provisions of labour law apply under separate laws Actions for compensation against an employer in the event of accidents at work and occupational diseases 457

17 18 Table of contents Actions to establish existence or non-existence of a legal relationship or rights under an employment relationship 457 Chapter XXXIII Labour inspection Introduction National Labour Inspectorate (Państwowa Inspekcja Pracy, PIP) Social labour inspection Other supervisory and control bodies 464 Chapter XXXIV Limitation of claims and final deadlines Introduction Limitation of claims (przedawnienie roszczeń) Final deadlines (terminy zawite) 474 Chapter XXXV Accidents at work and occupational diseases an overview Introduction Accidents at work An accident equivalent to an accident at work Procedure for determining circumstances and causes of accidents at work Occupational diseases Benefits in respect of accidents at work and occupational diseases 483 Index 485

18 TITLE ONE GENERAL LABOUR LAW

19

20 Chapter I THE CONCEPT AND SUBJECT-MATTER OF LABOUR LAW 1. Definitions of labour law Definitions of basic concepts relevant to certain fields of study are of major importance both in empirical sciences and in practical application of the law. In the Polish literature on the subject, the term of labour law appeared rather late, during the interwar period, although in a rather limited scope. The terms used more frequently at that time were: workers law, industrial law, workers and industrial law, factory legislation or similar. The term labour law became popular at the end of the interwar period and definitely prevailed after the World War II. It became a legal term even later, under the Act of 26 June 1974 Labour Code (ustawa z dnia 26 czerwca 1974 Kodeks pracy). 1 In several legal acts of the interwar period, the set of norms governing the material scope of employment relationships (e.g. relating to industrial workers) was called provisions on the contracts of employment 2 and after the war the legal texts used the term labour legislation 3 without giving legal definitions of those terms. Therefore, by reference to the latter, it is possible to distinguish between scholarly definitions and legal (normative) definitions of labour law. Initially, the legal doctrine defined labour law as a set of norms determining the employee status (called status definitions). Soon such definitions were considered too narrow and not corresponding with the scope of the labour law as a branch. At that time, definitions of labour law as a separate branch of the legal system of the Republic of Poland, governing employment relations and other social relations directly linked to employment relations, became more popular. 1 Consolidated text: Journal of Laws [Dz.U.] of 2014, item 1502 as amended. 2 Regulation of the President of the Republic of Poland of 27 June 1934 Commercial Code (Rozporządzenie Prezydenta RP z dnia 27 czerwca 1934 Kodeks handlowy; Journal of Laws [Dz.U.] no. 57, item 502 as amended). 3 See, for example, Article XII 1 of the Act on implementation of the Civil Code. B.M. Ćwiertniak

21 22 Chapter I. The concept and subject-matter of labour law Therefore, the literature developed a specific standard method of defining and the related definitions of labour law which may be called standard definitions 4. Both types of the definitions have certain functional elements called ontological, systemic and subject-matter: 1) the first one assumes existence of labour law (as a specific set of legal norms), 2) the second treats such set of norms as a separate, independent branch of a given legal system, and 3) the third makes reference to the set of legal norms ( subject-matter of labour law ). Since the time of codification of the labour law, our legal system has used the legal definition of labour law. It should be understood as: ( ) provisions of the Labour Code and provisions of other laws (ustawy) and implementing acts (akty wykonawcze) regarding the rights and obligations of workers and employers, as well as provisions of collective agreements (układy zbiorowe) and other collective arrangements (porozumienia zbiorowe) based on laws, internal rules (regulaminy) and statutes (statuty) concerning the rights and obligations of parties to an employment relationship. It should be noted that consecutive paragraphs of the abovementioned article establish a specific hierarchy of sources of labour law. Definitions of labour law assume for an element the subject-matter of a given branch of law. It is rightly pointed out that no such social relations exist which would generally be uniform in nature and grouping, systematisation and classification of such relations are logical measures based on a stated convention. Through arbitrary convention lawyers have determined also the subject-matter of labour law and agreed that this branch of law governs all social relations relating to subordinated work of people. Quite commonly, those relations were called labour law relations. Although the previously mentioned definitions of labour law give an impression of uniformity of opinions on these matters, the subject-matter of labour law still remains very controversial and the views on the labour law still vary in terms of time and space. As noted earlier, such social employment relations must be defined formally, through arbitrary convention. In this regard, a reference can be made to general remarks of legal academics according to which in the absence of appropriately general criteria the subject-matter of labour law should be distinguished not through a classic definition by genus and differentia specifica but through specification of its component parts. Each author of such definition, having specified the employment relationships, to further determine the subject-matter of labour law must list and indicate those groups of social relations which he considers practically related to work. A relatively broader consensus was achieved in relation to the concept of employment relationship. It is assumed that such relationship should be an obligation relationship 4 However, some handbooks still use definitions which refer to the employee status. B.M. Ćwiertniak

22 1. Definitions of labour law 23 and have a homogeneous structure. And the scope of employment relationships should be determined by the already defined criteria which distinguish them from other obligation relationships, such as: continuity of work, remuneration, performance, subordination of an employee and risk of the employer associated with the work process. However, it is still pointed out that such criteria do not ensure precise delimitation of those relationships. In this context, the legal nature of specific relations was often determined by case-law which developed, under the same legal provisions (Articles 2, 3, 22 of the Labour Code), the variable scope of that concept. Even more discussions and scholarly disputes, causing far-reaching consequences in the practice of law enforcement authorities, arise from removal of those areas of social relations which should be considered directly and intrinsically linked to employment relationships. This applies both to specification of the groups (types) of social relations which should be a part of the subject-matter of labour law and to determination of the scope of social relations which should be included in each of those groups. Those relations were presented in our literature on the subject in different ways: 1) by placing them on the time axis and comparing their duration to the duration of an employment relationship, 2) by taking into account both the subject-matter and the method of legal regulation of the relationships included in the labour law (see section 2 of this chapter). Historically older is the first one, where the following relationships are distinguished besides the employment relationship: 1) relationships preceding the employment relationship, 2) relationships established along with the employment relationship and concurrent with the employment relationship or even exceeding its term, 3) relationships resulting from the already terminated employment relationship. The relationships preceding the employment relationship include mainly: job matching, job counselling, vocational training (nauka zawodu), apprenticeship (przyuczenie do określonej pracy), legal relations connected with the conclusion of employment relationships (such as competitions, preliminary contracts); it is questionable whether some new types of social relationships, such as relationships related to internship or volunteering, should be included in this group. The second group includes relations connected with the collective rights (of groups of workers, e.g. benefits from the company social benefits fund or, as argued by some scholars, occupational pension schemes), employee co-management relationships, relationships involving establishment of and participation in professional organisations (employers organisations, workers organisations, mainly trade unions). This group includes also relations within individual and collective labour disputes. Some legal scholars include in this category also legal relations concerning supervision over B.M. Ćwiertniak

23 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, workers 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. ZAMÓWIENIA: INFOLINIA , FAX ZAMOWIENIA@WOLTERSKLUWER.PL CENA 159 ZŁ (W TYM 5% VAT)