Polish labour law from communism to democracy PDF Download

Author: Michał Seweryński
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 276

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Author: Zbigniew Hajn
Publisher: Kluwer Law International B.V.
ISBN: 9403507624
Category : Law
Languages : en
Pages : 525

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Book Description
Derived from the renowned multi-volume International Encyclopaedia of Laws, this monograph on Poland not only describes and analyses the legal aspects of labour relations, but also examines labour relations practices and developing trends. It provides a survey of the subject that is both usefully brief and sufficiently detailed to answer most questions likely to arise in any pertinent legal setting. Both individual and collective labour relations are covered in ample detail, with attention to such underlying and pervasive factors as employment contracts, suspension of the contracts, dismissal laws and covenant of non-competition, as well as international private law. The author describes all important details of the law governing hours and wages, benefits, intellectual property implications, trade union activity, employers' associations, workers' participation, collective bargaining, industrial disputes, and much more. Building on a clear overview of labour law and labour relations, the book offers practical guidance on which sound preliminary decisions may be based. It will find a ready readership among lawyers representing parties with interests in Poland, and academics and researchers will appreciate its value in the study of comparative trends in laws affecting labour and labour relations.

Author: Tamás Gyulavári
Publisher: Kluwer Law International B.V.
ISBN: 9403502045
Category : Law
Languages : en
Pages : 634

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Book Description
Labour law has traditionally aimed to protect the employee under a hierarchy built on constitutional provisions, statutory law, collective agreements at various levels, and the employment contract, in that order. However, in employment regulation in recent years, ‘flexibility’ has come to dominate the world of work – a set of policies that reshuffle the relationship among the fundamental pillars of labour law and inevitably lead to degrading the protection of employees. This book, the first-ever to consider the sources of labour law from a comparative perspective, details the ways in which the traditional hierarchy of sources has been altered, presenting an international view on major cross-cutting issues followed by fifteen country reports. The authors’ analysis of the changing hierarchy of labour law sources in the light of recent trends includes such elements as the following: the constitutional dimension of labour rights; the normative intervention by the State; the regulatory function of collective bargaining and agreements; the hierarchical organization of labour law sources and the ‘principle of favour’; the role played by case law in both common law and civil law countries; the impact of the European Economic Governance; decentralization of collective bargaining; employment conditions as key components of global competitive strategies; statutory schemes that allow employees to sign away their rights. National reports – Australia, Brazil, China, Denmark, France, Germany, Hungary, Italy, Poland, Russia, Spain, Sweden, South Africa, the United Kingdom and the United States – describe the structure of labour law regulations in each legal system with emphasis on the current state of affairs. The authors, all distinguished labour law scholars in their countries, thus collectively provide a thorough and comprehensive commentary on labour law regulation and recent tendencies in national labour laws in various corners of the globe. With its definitive analysis of such crucial matters as the decentralization of collective bargaining and how individual employment contracts can deviate from collective agreements and statutory law, and its comparison of representative national labour law systems, this highly informative book will prove of inestimable value to all professionals concerned with employment relations, labour disputes, or labour market policy, especially in the context of multinational workforces.

Author: Gregory F. Domber
Publisher: UNC Press Books
ISBN: 1469618524
Category : History
Languages : en
Pages : 413

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Book Description
As the most populous country in Eastern Europe as well as the birthplace of the largest anticommunist dissident movement, Poland is crucial in understanding the end of the Cold War. During the 1980s, both the United States and the Soviet Union vied for influence over Poland's politically tumultuous steps toward democratic revolution. In this groundbreaking history, Gregory F. Domber examines American policy toward Poland and its promotion of moderate voices within the opposition, while simultaneously addressing the Soviet and European influences on Poland's revolution in 1989. With a cast including Reagan, Gorbachev, and Pope John Paul II, Domber charts American support of anticommunist opposition groups--particularly Solidarity, the underground movement led by future president Lech Wa&322;&281;sa--and highlights the transnational network of Polish emigres and trade unionists that kept the opposition alive. Utilizing archival research and interviews with Polish and American government officials and opposition leaders, Domber argues that the United States empowered a specific segment of the Polish opposition and illustrates how Soviet leaders unwittingly fostered radical, pro-democratic change through their policies. The result is fresh insight into the global impact of the Polish pro-democracy movement.

Author: Anna Gwiazda
Publisher: Routledge
ISBN: 1317396219
Category : Political Science
Languages : en
Pages : 176

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Book Description
This book assesses the quality of democracy in Poland from the collapse of communism in 1989 up to the 2011 parliamentary election. It presents an in-depth, empirically grounded study comparing two decades of democratic politics. Drawing on democratic theory and comparative politics, the book puts forward an evaluation of democracy based on four dimensions: representation, participation, competition and accountability. The book is an important contribution to debates on the performance of the new democracies in Central and Eastern Europe, where some scholars argue that there is a ‘democratic crisis’, that, after a period of democratic progress, most of these countries are experiencing democratic fatigue and that their democratic performance is poor. However, the Polish case shows that democracy is not in crisis - in fact, the quality of democracy in Poland has improved. The book shows that democratic quality stems from good democratic institutions. Moreover, the Polish case shows useful lessons that can be learnt by democratic reformers in countries that are undergoing the transition to democracy or are aiming to consolidate their democratic systems. It concludes that effective accountability, good representation and stable competition are vital.

Author: Ulla Liukkunen
Publisher: Springer Nature
ISBN: 3030169774
Category : Law
Languages : en
Pages : 619

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Book Description
This book addresses the theme of collective bargaining in different legal systems and explores legal framework of collective bargaining as well as the role of different bargaining models in domestic labour law systems in altogether twenty-one jurisdictions throughout the world. Recent development of collective bargaining regimes can be viewed as part of a larger development of labour law models that face increasing challenges caused by globalization and transition of work and workplaces. The book places particular emphasis on identifying and examining most important development trends affecting domestic labour law regimes and collective bargaining and regulatory responses thereto. The analysis offered extents to transnational dimension of collective bargaining. As the chapters analyse the influence of the legal frameworks of collective bargaining in different countries they provide unique comparative insight into the topic which is central to understanding the function of labour law.

Author: Stanis?aw Frankowski
Publisher: Kluwer Law International B.V.
ISBN: 9041123318
Category : Law
Languages : en
Pages : 450

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Book Description
During two decades encompassing three epochal events - the collapse of European communism in 1989, NATO membership in 1999, and accession to the European Union in 2004 - the legal system of Poland has emerged with remarkable maturity and stability. In an exemplary blend of its democratic heritage from the era between the World Wars, proven effective legislation from the communist era, and the vibrant 1997 Constitution, Polish law dramatically reflects new social, economic and political realities. With eleven lucid chapters written by fifteen academic experts from the Warsaw University School of Law and Administration, each in his or her respective field of law, this deeply informed but succinct and practical volume is the ideal starting point for research whenever a question of Polish law arises. The authors clearly explain the legal concepts, customs and rules surrounding such essential elements as the following:principles and practices of constitutional law;administrative law and procedure;civil procedure;courts and special judicial bodies;judicial review;enforcement of foreign judgments;family, succession and inheritance matters;formation and conduct of corporations and partnerships;contract formation, interpretation and termination; environmental protection;harmonizing Polish economic law with EU standards; competition law and regulatory framework of market processes; special regulation of energy, telecommunications and financial markets; copyrights, patents, utility models and industrial designs; licence agreements;the labour relationship and types of employment contracts; andcriminal law and procedure. Each chapter includes its own detailed bibliography. English-speaking legal practitioners and academics have here an ideal introduction to the basic institutions, principles and rules of Polish law. Encompassing all the major fields of legal practice, Introduction to Polish Law provides an essential understanding of the Polish legal system, so that users can become familiar with law and legal processes in Poland and pursue further research on specific Polish legal matters. Practitioners will find it of great value for both counselling and courtroom use.

Author: Pietro Manzella
Publisher: Cambridge Scholars Publishing
ISBN: 1443836915
Category : Law
Languages : en
Pages : 350

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Book Description
The economic crisis has highlighted major shortcomings in the EU flexicurity strategy which, although suitable to tackle structural unemployment in a period of economic growth, it proved unable to stand the impact of the recession, which requires specific measures to maintain employment. Against this background, the authors of the present papers, which were presented at the International Scientific Conference “Labour Market of the 21st Century: Looking for Flexibility and Security”, on the occasion of the 370th Anniversary of the establishment of Vilnius University’s Faculty of Law, that took place on 12–14 May 2011, investigate the development of labour regulation in the 21st century, with particular reference to the relation between flexibility and security and to the need to strike a balance between these two elements. The contributions address the issue in a comparative and transnational perspective and provide some insights into the development of national models of flexibility and social security.

Author: Ania Zbyszewska
Publisher: Cambridge University Press
ISBN: 1107121256
Category : Law
Languages : en
Pages : 321

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Book Description
Ania Zbyszewska's feminist, socio-legal study of the European working time regime examines its historical development and influence in the Polish working time reform, focusing on the gendered dynamics and the relationship between the EU and national politics and law. This study will be of interest to legal and feminist scholars, and policy makers.

Author: Anneli Albi
Publisher: Springer
ISBN: 9462652732
Category : Law
Languages : en
Pages : 1522

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Book Description
This two-volume book, published open access, brings together leading scholars of constitutional law from twenty-nine European countries to revisit the role of national constitutions at a time when decision-making has increasingly shifted to the European and transnational level. It offers important insights into three areas. First, it explores how constitutions reflect the transfer of powers from domestic to European and global institutions. Secondly, it revisits substantive constitutional values, such as the protection of constitutional rights, the rule of law, democratic participation and constitutional review, along with constitutional court judgments that tackle the protection of these rights and values in the transnational context, e.g. with regard to the Data Retention Directive, the European Arrest Warrant, the ESM Treaty, and EU and IMF austerity measures. The responsiveness of the ECJ regarding the above rights and values, along with the standard of protection, is also assessed. Thirdly, challenges in the context of global governance in relation to judicial review, democratic control and accountability are examined. On a broader level, the contributors were also invited to reflect on what has increasingly been described as the erosion or ‘twilight’ of constitutionalism, or a shift to a thin version of the rule of law, democracy and judicial review in the context of Europeanisation and globalisation processes. The national reports are complemented by a separately published comparative study, which identifies a number of broader trends and challenges that are shared across several Member States and warrant wider discussion. The research for this publication and the comparative study were carried out within the framework of the ERC-funded project ‘The Role and Future of National Constitutions in European and Global Governance’. The book is aimed at scholars, researchers, judges and legal advisors working on the interface between national constitutional law and EU and transnational law. The extradition cases are also of interest to scholars and practitioners in the field of criminal law. Anneli Albi is Professor of European Law at the University of Kent, United Kingdom. Samo Bardutzky is Assistant Professor of Constitutional Law at the University of Ljubljana, Slovenia.