Part-time work is one of the most important forms of employment connected with the promotion of flexibility of working time. It relates to a wider phenomenon - the flexible, nearly free from labour law legal regulations, human resources management performed and modified according to the needs of the market, the market which is constantly growing in demand and at the same time becoming less and less predictable.
Part-time work should be included in the category of the so-called internal flexibility, which involves labour time and human resources and their qualifications management with a steady number of employees. It is contrasted with external flexibility, i.e. modification of the amount of work via free recruitment and dismissal of workers. The importance of part-time work is reflected in the scale of its presence. Between 2000 and 2006 the percentage of part-time workers within the European Union grew from 16,4% to 18,1%. Part-time employment in Poland reaches the level of 10,8%.
The attractiveness of the form of employment under discussion follows from the wide possibilities which it offers with regard meeting the needs of various subjects within the labour market. It allows the employee to adjust his or her work time to individual needs, by which it makes it possible to reconcile professional life with family life, and also allows for a more successful professional career (e.g. multiple employment).
It further enhances the chances of entering employment, returning to work or staying in employment. Part-time work is convenient to certain types of workers. It is especially popular among married women and older employees, who thanks to it can gradually retreat from their professional life. Part-time employment is an important instrument which helps to limit unemployment.
[...] Comments on the principle of equal treatment in employment and the principle of non-discrimination in : M. Gersdorf, K. Rączka, J. Skoczyński, Kodeks pracy op. cit., p point 3. According to E. Naumann direct discrimination happens when the discriminated person is characterised by a feature which can be a basis for discrimination, also in the case of association, i.e. a relation with a person who is characterized by such a feature, or in the case when the third party can feel consequences of discrimination applied against other people and based on their protective actions or standing for the discriminated person (E.Naumann, Dyskryminacja w prawie pracy, M. [...]
[...] with respect to the employer's obligation, as far as possible, to give consideration to a request by a worker to change the form of work time. However, the regulations introduced into the Labour Code in 2004 did not fully implement the Directive, especially with regard the measures taken in order to facilitate voluntarily engaging in part-time employment (Clause 5 of the Agreement). The regulation concerning overtime work by part-time employees (Art 5 PLC) infringes the non-discriminatory provisions of the Directive and other provisions introduced in the Labour Code. [...]
[...] UE L of 19.07 .2000) requires that Member States, acting against victimization, should introduce into their national legal systems such measures as are necessary to protect individuals from any adverse treatment or adverse consequence as a reaction to a complaint or to proceedings aimed at enforcing compliance with the principle of equal treatment. Such discrimination can be illustrated by limiting access to a work canteen, right to vocational training, right to bonuses, shares, etc. (M. Gersdorf, K. Rączka, J. Skoczyński, Kodeks pracy. [...]
[...] It states that, far as possible, employers should give consideration to requests by workers” concerning change of work time. Thus, the Agreement imposes on the employer the obligation to give consideration to requests, not to accept them. In clause 6 point 1 it allows, however, that more favourable provisions than those laid down in the Agreement be introduced. The Polish legislator, departing from the text of the Agreement in the Labour Code, clearly indicated the intention that employees be granted the right requested.[42] In order to make it possible for the employee to exercise the right granted in Art PLC, the legislator imposed on the employer the obligation to inform employees, in a way adopted in the enterprise, about the availability of full-time and part-time employment. [...]
[...] One of the examples of such a case is termination of employment based on work time. This type of discrimination gives the employee the right to exercise his or her eligibility for compensation thanks to Art 1 and Art. 183d with the provision that if it is the case that one precedent gives rise to two types of damages, the lower should be included in the higher one, where it is treated as a profit resulting from the same event which caused liability[24]. [...]
Bibliographie, normes APA
Citez le doc consultéLecture en ligne
et sans publicité !Contenu vérifié
par notre comité de lecture
