http://hdl.handle.net/11320/11239 2026-06-01T18:13:23Z http://hdl.handle.net/11320/11265 Tytuł: Ewolucja pojęcia niepełnosprawności w unijnym i polskim prawie pracy Autorzy: Skóra, Michał Abstrakt: This article analyses the notion of disability in Polish and EU labor law. In the first part of the study, the author characterizes the evolution of this notion based on the interpretation made by the Court of Justice of the European Union. The second part presents the process of development of the definition of disability in Polish law: from disability to the concept contained in the Act on Social and Vocational Rehabilitation and Employment of Persons with Disabilities, and the vocational rehabilitation and employment of disabled people. 2021-01-01T00:00:00Z http://hdl.handle.net/11320/11264 Tytuł: Przywrócenie do pracy na poprzednich warunkach a prawo do urlopu wypoczynkowego na podstawie orzecznictwa Sądu Najwyższego i Trybunału Sprawiedliwości Unii Europejskiej Autorzy: Żywolewska, Katarzyna Abstrakt: This essay concerns analysis of specified provisions of the Labor Code and international acts regarding annual leave, as well as the case law of the Supreme Court and the decisions of the CJEU, in order to address the following question: With regard to an employee employed in Poland, with whom the employer unjustifiably terminated the employment contract, and whom the Labor Court reinstated under previous conditions upon the employee’s request, should the time from the termination of the employment contract to the employee’s reinstatement under the previous conditions be included in the seniority for which the employee is entitled to vacation leave? The conclusion is that, in accordance with the adopted jurisprudence of the Supreme Court, the periods of unemployment due to unlawful termination of an employment contract, from the date of the termination of employment to the date of undertaking work after reinstatement, do not affect the right to vacation leave. A different opinion arises from the CJEU decision discussed here. It should be emphasized that the rule expressed by the CJEU is not applied under Polish labor law. 2021-01-01T00:00:00Z http://hdl.handle.net/11320/11263 Tytuł: Obiektywne przyczyny leżące po stronie pracodawcy jako przesłanka zawarcia „nielimitowanej” umowy o pracę na czas określony Autorzy: Łapiński, Karol Abstrakt: The current wording of Art. 251 § 4 point 4 of the Labor Code, valid since 22.02.2016, is an example of a general clause in labor law. At the same time, the “objective reasons” of the so‑called “unlimited” fixed‑term contracts entered into belong to the clauses that change their meaning depending on the person who applies an established rule of law. The use of “objective reasons on the part of the employer” on purpose to limit the abuse of “temporary employment” should generally be assessed as incorrect. According to this, the Court of Justice of the European Union may judge this regulation to be illegal according to Clause 5 of Council Directive 99/70 / EC of 28 June 1999, and as incompatible with the purpose and the effectiveness of the framework agreement. Therefore, it is necessary to replace the general clause used by the legislator with further, more specific premises of “objective reasons” for entering into “unlimited” fixed‑term employment contracts. 2021-01-01T00:00:00Z http://hdl.handle.net/11320/11256 Tytuł: Ważny interes służby jako przyczyna zwolnienia ze służby o charakterze klauzuli generalnej Autorzy: Witoszko, Wioletta Abstrakt: Among the prerequisites for optional dismissal from service, which are specified and do not leave the authorities any leeway in their assessment, a general reason, such as an important interest of the service, has been normalized. The concept of an “important interest of the service” is not defined, so this premise should be specified in each case by indicating both objective and subjective circumstances. The interest of the service is a set of values that the normal system should uphold when tasks in the field of safety and public order are carried out. One element of officer protection is the requirement to consult a company trade union organization before issuing a decision on dismissal from service due to an important interest of the service. Moreover, the decision to dismiss someone from the service may be issued only by the higher superior, who guarantees that the correct decision will be made and has greater competence in assesing the needs of the service and its interests. 2021-01-01T00:00:00Z