The Effect of Conflict and Termination of Employment on Employee's Work Spirit

This study aims to find out the conflict and termination of employment both partially and simultaneously have a significant effect on the morale of employees at PT. The benefits of Medan Technique and how much it affects. The method used in this research is quantitative method with several tests namely reliability analysis, classical assumption deviation test and linear regression. Based on the results of primary data regression processed using SPSS 20, multiple linear regression equations were obtained as follows: Y = 1,031 + 0.329 X1+ 0.712 X2.In part, the conflict variable (X1)has a significant effect on the employee's work spirit (Y) at PT. Medan Technical Benefits. This means that the hypothesis in this study was accepted, proven from the value of t calculate > t table (3,952 < 2,052). While the variable termination of employment (X2) has a significant influence on the work spirit of employees (Y) in PT. Medan Technical Benefits. This means that the hypothesis in this study was accepted, proven from the value of t calculate > t table (7,681 > 2,052). Simultaneously, variable conflict (X1) and termination of employment (X2) have a significant influence on the morale of employees (Y) in PT. Medan Technical Benefits. This means that the hypothesis in this study was accepted, as evidenced by the calculated F value > F table (221,992 > 3.35). Conflict variables (X1) and termination of employment (X2) were able to contribute an influence on employee morale variables (Y) of 94.3% while the remaining 5.7% was influenced by other variables not studied in this study. From the above conclusions, the author advises that employees and leaders should reduce prolonged conflict so that the spirit of work can increase. Leaders should be more selective in severing employment relationships so that decent employees are not dismissed unilaterally. Employees should work in a high spirit so that the company can see the quality that employees have.

DO THE PROVISIONS REGULATING THE TERMS OF EMPLOYMENT OF POSTED WORKERS, AS MANDATORY PROVISIONS, ENSURE THE PROTECTION OF THE EMPLOYEE?

All employment relationships, including strictly employment relationships, may be related to the legal areas of two or more countries, which raises the question of the law applicable to a specific legal relationship. The Rome I Regulation has a key importance in determining the applicable law to which the employment relationship is to be subjected. In this respect, the decree of Art. 8 of the Regulation has a fundamental importance, which was analyzed in the first part of this publication. However, the mechanism according to which the lex labori will be corrected by the provisions forcing their application, the issues of which are presented later in the publication, should be distinguished from the scheme presented in the above-mentioned regulation. According to the EU legislator, one of the matters of employment relationships regulated by such provisions is the standardization of the terms and conditions of employment of employees posted to perform work in the territory of a European Union Member State. Answers to the question whether it is appropriate to assign a nature of the rules enforcing its application provisions to this regulation (concerning the terms and conditions of employment of posted workers) has been made at the end of this publication.

CONVERSION” OF A CUSTOMS OFFICER’S SERVICE RELATIONSHIP INTO AN EMPLOYMENT RELATIONSHIP

The selection method of existing employees or officers has been used since the beginning of the Third Polish Republic during the transformation of various public institutions, which consists of making discretionary decisions about whose employment will be continued, as well as under what new conditions it will be carried out. Using the framework for termination of employment for this purpose in subsequent acts, missing in them precise criteria for qualifying persons and the lack of regulations as to the manner of judicial protection are designed to reduce the number of people who would make attempts to contest their decisions. In 2016 on the occasion of the reform of the fiscal apparatus, this method was additionally extended to include the possibility of unilateral and selectively transforming the service relationships of customs officers into employment relationships, or vice versa - fiscal officials to officers. This option was implemented in practice in 2017. This represents a serious threat to the freedom to choose and pursue a profession which must either be restrained by declaring this type of regulation unconstitutional, or by making it unprofitable through court judgments restoring prior employment relationships. The recent case law of common courts and the Supreme Court favours it.

EMPLOYEE LOYALTY IN RELATION TO THE WHISTLEBLOWER DIRECTIVE

The whistleblower protection directive may have a significant impact on the essence of understanding employee loyalty in employment relationships. In this paper I argue that the possibility of whistleblowing does not contradict employee duties as expressed in Article 100 § 2 section 4 of the Labor Code. In my opinion, the thesis should be put forward that the employee’s duty of loyalty is limited to the employer’s lawful actions. It would be unacceptable to state that the employment relationship restricts the employee’s freedom of speech in the sense that it prohibits the employee from opposing the employer’s unlawful conduct. Moreover, in my view, the employee’s duty of loyalty should be interpreted in such a way that it is horizontal in nature. This is because it refers to business relations between market entities. The doctrine and judicature extensively describe breaches of the duty of loyalty by employees in the context of horizontal relationships, relating to other market players, particularly those engaged in competitive activity (the unit-unit relationship). In contrast, the provisions of the Directive on the protection of whistleblowers are vertical standards, relating to the relationship between the individual and the state (public interest). Thus, in my view, the duty of loyalty to the employer cannot outweigh the possibility of acting in the public interest, which is emanated by the provisions of the Directive.

PERSONAL DATA PROTECTION IN THE EMPLOYMENT CONTRACT

This text is devoted to the protection of personal data in the employment relationship. The starting point for this analysis were the provisions resulting from the Polish Constitution, namely Art. 30. We discussed the conditions of personal data protection in labor law, focusing in particular on Art. 221 of the Labor Code and all related regulations. We have tried to explain what the processing of personal data is, and what are the correlations in employment relationships. In our opinion, the protection of personal data itself is not only the necessity of cooperation between the employee and the employer to the extent specified by law, but also based on ethical values. Hence the employer’s obligation to avoid actions that directly interfere with the employee’s protected personal belongings

ON THE PRINCIPLES OF COMMUNITY CO-EXSISTENCE – REFLECTIONS ON THE SELECTED PROVISIONS OF THE LABOUR CODE

The purpose of this article is to analyze the concept of the principles of community co-exsistence in the context of selected provisions of the Labor Code that refer to them, i.e. articles 8, 100 § 2 point 6 and 94 point 10 of the Labour Code. It refers to the application of the principles of community co-exsistence as a criterion for the abuse of rights of parties to the employment relationships, as well as guidelines for the proper conduct of employees - who are obliged to respect them and employers - who should influence their establishment in the workplace.

BASIC PRINCIPLES OF LABOUR LAW – OVERREGULATION OF THE LABOUR CODE OR LEGITIMACY OF THEM BEING SINGLED OUT?

The legislator, guided by the fundamental importance of certain rights in individual and collective employment relationships, decided to formally single out certain principles and separate them from the entire system of labour law principles, giving them the status of basic principles. The singled out principles avoided the fate of other principles, which are the product of doctrine and jurisprudence. The will of the legislator to single out basic principles is the causal reason for their placement in an act of unifying character, having reference to all employees, regardless of their employment model. Only in such a way, taking into account the rules of legislative technique as well as the dualistic model of employment and the mechanism of the interdependence of the general law with special laws (Article 5 of the Labour Code), was it possible to carry out the will of the legislator

Wage Exploitation as Disequilibrium Price

There are two opposing views concerning intuitive cases of wage exploitation. The first denies that they are cases of exploitation at all. It is based on the nonworseness claim: there is nothing wrong with a discretionary mutually beneficial employment relationship. The second is the reasonable view: some employment relationships can be exploitative even if employers have no duty towards their employees. This article argues that the reasonable view does not completely defeat defences of wage exploitation, because these do not rely solely on the nonworseness claim. They also rely on the idea, popularised by Alan Wertheimer, that exploitation is a form of disequilibrium price occurring in defective markets. The article then proceeds to criticise Wertheimer’s account through neoclassical, new institutional, and Austrian economics. It concludes that considerations for economic efficiency are irrelevant to assessing intuitions regarding exploitation.