Lawsuits in the field of employment 2600-dz/w3PSSZf
The course aims to provide students with in-depth knowledge of the functioning of court proceedings in employment matters and develop practical skills related to the analysis and management of labor disputes. The course discusses the legal and institutional foundations of labor courts, including the jurisdiction of courts and the specific procedures for labor law cases in light of the provisions of the Code of Civil Procedure. Particular emphasis is placed on the specifics of pursuing employee claims, such as claims for reinstatement, compensation, remuneration, and establishing the existence of an employment relationship.
Individual stages of the proceedings are analyzed: filing a lawsuit, responding to the lawsuit, evidentiary proceedings, hearing, and issuing a ruling. Appeals and extraordinary remedies are also discussed. The practical aspects of the proceedings—case law analysis and case resolution—are also a significant element of the course. The role of alternative dispute resolution methods (e.g., conciliation commissions) is also considered, as is the impact of constitutional and international standards on the protection of workers' rights.
Specific topics discussed during the course include:
1. Systematizing the Polish judiciary.
2. Basic principles of court operation – an introduction to civil proceedings.
3. The two-instance nature of the Polish judicial system.
4. Introduction to the principles of court litigation.
5. Possibilities of using evidence to defend one's case.
6. Introduction to employment law:
a) employee and non-employee employment;
b) types of employment contracts;
c) remuneration and its components;
d) terminating and establishing an employment contract;
e) leave and compensation for unused leave.
Course coordinators
Type of course
Mode
Learning outcomes
Knowledge
K_W01 Demonstrates a thorough understanding of litigation terminology.
K_W02 Demonstrates an advanced understanding of the principles, procedures, and practices governing the operations of various types of organizations and their challenges in litigation.
K_W05 Demonstrates an understanding of social and political processes and their impact on the functioning of disputes, including employment disputes.
K_W06 Demonstrates an understanding of the principles of creating and developing various forms of business and their individual needs and risks in litigation.
Skills
K_U01 Can use legal and management theory to identify, diagnose, and resolve disputes, including those in the employment area.
K_U02 Can correctly interpret social, political, legal, economic, and ecological processes and phenomena, and their impact on the functioning of an organization, in terms of the risk of disputes.
K_U03 Can independently and collaboratively prepare simple procedural documents and argue a position in a case.
K_U05 Can plan and organize individual and team work.
K_U06 Has the ability to self-educate and improve acquired skills.
Attitudes
K_K01 Is willing to evaluate and critically approach situations and phenomena related to the functioning of organizations and the entire economy in the field of disputes.
K_K02 Is willing to think and act in an entrepreneurial manner, particularly in the area of conflict management.
K_K03 Is willing to adhere to and develop professional ethical standards related to interpersonal conflicts.
Assessment criteria
The final grade will be calculated according to the following rules: final (written) paper – 100%
Written work, activity in classes
Bibliography
Materials for listeners prepared by the presenter.
Act of 23 April 1964 - Civil Code.
Act of 15 September 2000 - Commercial Companies Code.
Current commentaries and case law