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Tradycyjne ujęcie pracowniczego podporządkowania – wybrane problemy prawne

100%

Duraj T.

tom LXXXIII (83)

35-61

The subject of the paper is the characteristics of employment subordination of an employee to the employer in labor relations. It is a necessary element of any labor relation. This subordination, as an essential feature of a labor relation, determines the scope of use of labor relation, and thus also the scope of application of the labor law. The author, presenting a traditional grasp of labor relation, notices in the literature on the subject substantial discrepancies in the interpretation, which refer not only to the way of its understanding but also the mutual relations which occur between the terms ‘subordination’ and the expression ‘employer’s management’, which is used by the legislator in the labor code. The author notices that the traditional grasp of the employment subordination does not always apply in reference to people who are charged with tasks requiring creativity, initiative and far-reaching independence (people employed at the most senior managerial posts, performing a creative job or rendering highly specialist services). The disappointment with the traditional grasp of the employment subordination in the case of the indicated category of subjects has become a substantial reason for the tendency to broadly interpret the employment subordination, which is present in the doctrine of labor law and judicature. As a consequence, new doubtful concepts of employment subordination relating to autonomous subordination and economical dependence have appeared.

Social Media in the Workplace in the Czech Republic, Poland and Slovakia

100%

Štefko M.

nr 1

11-17

This paper deals with legislation and case law regulating social media in the workplace. It analyzes mainly privacy’s limits for selection procedures, working time and dismissals in three Central European states,such as the Czech Republic, Poland or Slovakia. Although there are common general principles like an employees’first and last task is to render services on behalf of his/her employer and do not misuse employer’s devices to private purposes courts’ decision varies. Alike action is considered in one state to be legal, in another illegal.