Ruch Prawniczy, Ekonomiczny i Socjologiczny, 1988, nr 4
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Item Demokracja pracownicza w przedsiębiorstwie przemysłowym(Wydział Prawa i Administracji UAM, 1988) Bugiel, JulianIn actual legal and political conditions in Poland it has been assumed that in decision-making processes in an enterprise in the first place participate, as representatives of the employees' interests: a self-government of a crew, a Party organization, a trade union. In economic praxis, it created complicated problems, since it is very difficult to draw distinct lines separating the areas of activity of those organizations. The research indicates that despite quite large competences of a self-government, its participation in management activities is not big (a very big influence on decision-making: a general assembly of a crew and the employees' council — 8.9% of answers). The most important decisive body is a chief executive director — 35.3°/o of answers. In effect, formal institutions which might have created conditions to develop industrial democracy do not function according to the expectations and consequently, an increase in the position and authority of an enterprise director has been noted in 1988 in comparison with previous years. As a result of those changes, cooperation between a director, a Party organization and a trade union does not develop adequately. The cooperation is the best between a director and a Party organization — 16.6% of positive indications. Among workers a view prevails that the organizations which are to be the workers' representations in decision-making processes do not meet such expectations. It was only o 9% of respondents who indicated that a party organization represents the workers' interests. 12.9% of respondents were of the same opinion with respect to a self-government of a crew and the employees' council. At the same time workers declare little interest in taking posts in self-government organs; in effect, not always the best people are candidates for seats in the employees' council. The workers, however, want to have a much greater influence than they have now on decisions concerning their workplaces (26.9%) as well as on their participating in taking decisions concerning the collective work (30.6%). It seems apparent that the increase in employees' democracy depends on organizational and legal conditions and, in the first place, requires the change of attitudes among workers and the managing staff. It is also necessary to increase the self-dependence of enterprises in financial matters and to reduce the degree of their subordination to the economic center. Moreover, there arises the need to establish self-government structures on a supra-enterprise level, eg. the Self-Government Chamber in the Sejm (Parliament).Item Funkcja rozdzielcza prawa pracy(Wydział Prawa i Administracji UAM, 1988) Kociucki, LeszekDistributive function of the labour law is based on the principle of formal justice (the principle of equal measure). The article points out to the features of the labour law which determine the way of carrying out that function: uniformity and differentiation. The article characterizes basic formuli of distribution of goods contained in the Constitution and in the Code and particular formuli contained in acts of lower rank, such as collective bargaining agreements, factory pay agreements, etc. The author points out to some problems connected with the fact that basic formuli of distribution of goods are actually carried out by the acts of the so-called collective labour law. The article presents the classification of formuli of distribution of goods. In concluding remarkis the evaluation of an agreement between particular and basic formuli has been undertaken, with attention paid to some inconsistencies and loosening of ties between some basic and particular formula.Item Ideologia pracy w świadomości przemysłowej klasy robotniczej(Wydział Prawa i Administracji UAM, 1988) Haber, Lesław H.Treating ideology of work as a symptom of positive attitude of an individual towards the work he/she performs, the symptom reflected both in the philosophy of work as well as in acting, the author considers it i two planes: genetic and structural-functional. Genetic analysis allows the author to show actual causes of revaluing the ideology of work, with the attention focused on official version of that ideology. Structural-functional planes are analysed through the results of sociological research conducted among 2283 metal industry workers from Cracow, Warsaw and Katowice provinces. The research allowed to single out three distinct forms of ideology functioning in the working class consciouseness: official, catholic and pragmatic, with the last one prevailing over the remaining two. Further analysis is devoted to interdependencies existing between the form of ideology, the work environment, situations occuring at a workplace and selected features of the social status.Item Miejsce pracy a przedsiębiorcze i roszczeniowe zachowania pracowników(Wydział Prawa i Administracji UAM, 1988) Krążlewski, JerzyThe contribution aims at defining and classifying the concepts connected with enterprising and claiming attitudes of people and at presenting the impact of a workplace on the shaping of those attitudes. A claiming attitude is defined as an attitude assuming that centers (individuals, social groups, institutions) which are to realize the aims of an individual are beyond the reach of that individual and that the individual expects them to realize those aims. In turn, an enterprising attitude may be defined as an attitude which is motivated by the need of success and assumes the reality of the aims as well as the strive to attain them The author, analysing the impact of the characteristics of work on those two types of attitudes, presents the conceptions of M. L. Kohn, C. Schooler, C. Argyris, D. Katz and R. L. Kahn. He also shows the influence of professional roles on the shaping of enterprising and claiming attitudes outside a workplace.Item Morfologia jakości pracy(Wydział Prawa i Administracji UAM, 1988) Unolt, JerzyA category of the quality of work is understood in many ways, what is first of all a consequence of the complexity of that phenomenon. The purpose of the article is to present comprehensively a category of the quality of work of an individual producer, taking into account the elements of its structure. The quality of work may be analysed from the point of view of effects as well as outlays. In the first approach, about the quality decides the result of work, evaluated from the viewpoint of technical and/or economic criteria. However, the possibilities of such evaluations are limited to works which result in material products or services. If work consists in rendering non-material services, the only basis for evaluating its quality are the outlays In the latter case the quality of work is determined by: — the characteristics of work, determining its objective difficulty (complexity of functions, responsibility, strenuousness of activities and material environment conditions); it is the quality required by work; — behaviours of people who perform work (intensity of work, rational use of means of production, lack of defects, promptness of completion, work discipline, initiativeness); it is the realized quality. The lack of a synthetic measure of the quality of individual work makes it necessary to apply to its evaluation various fragmentary measures, the synthesis of which is always burdened with some degree of subjectivism.Item Nowa koncepcja zobowiązaniowego stosunku pracy(Wydział Prawa i Administracji UAM, 1988) Chobot, Andrzej; Kijowski, AndrzejThe economic model of free competition forces an employer to increase efficiency notwithstanding the degree of liberality of legal formulas of entering into the employment relationship. Of such liberal character is the conception of the employment relationship as an obligation towards an employer to perform with due care work of a given kind. Such a conception does not secure economic efficiency in socialism, since it rejects free competition and it safeguards social security by means of certainty of both employment and revenues form work. In conditions of the Polish economic reform such safeguarding mechanisms should not go beyond providing means which would allow to regenerate energy spent for work and satisfy basic needs. An individual standard of living as well as the level of collective consumption should depend on work efficiency. The above assumptions of a modified social policy system should find their expression in an adequate model of the employment relationship. The authors postulate to complement the actual conception of a due-care contract with a new and prevailing conception of a so-called task-result employment relationship. By entering into such a relationship an employee would be obligated to be ready to accept an employer's offer to carry out definite tasks, compatible with the employee's qualifications and remunerated according to his /her category of individual rank or according to the minimum wages statute. In turn, an employer would be obligated to formulate offers comprising tasks and total amounts of money to be paid for carrying out those tasks. Thus it would be an obligation whose contents would „change with the changes in tasks and remuneration, determined in subsequent autonomous clauses, accidentally connected with the contents of a framework-contract for being ready to work.Item O nowy model prawa pracy(Wydział Prawa i Administracji UAM, 1988) Szubert, WacławThe article is devoted to the presentation of some most important elements of a new model of the labour law. First, the author shows the contrasts between the situation which existed before and after 1980 in the sphere of the labour law and labour relations. Next, he formulates some postulates concerning the future shape of the labour law. He indicates that the pre-1980 model was of etatistic and centraliste character where the employers were the extension of the State and the protection of the employees' interests could not be adequate since on the one hand the law regulating the employment relations was formed exclusively by the State organs and on the other the trade unions, being a part of the State structure, did not represent the employees' interests properly. After 1980 some new forms of relations between the State and the employees appeared: social agreements and negotiations. Moreover, the Act of 1981 on State Enterprises put forth a compromise between the old and the new models of relations, introducing the institution of the employees' self-government and the 3 S rule (self-financing, self-dependence, self-government of enterprises). Although the solutions contained in the legislation promulgated after 1980 have not produced the effects commensurate with the original expectations, they introduced several important legal institutions, such as the right to strike; collective disputes or the employees' self-government. For the future reform of the labour law the above institutions remain of vital importance. However, it is also (necessary to add other elements, e. g. freedom of trade-unions (at present only 1 trade union organization per 1 factory is allowed, what is against ILO convention no. 87), more room for regulating matters connected with employment by contractual means, or equal treatment of socialized and non-socialized sectors. Generally speaking, the changes should go in the direction of a pluralistic and democratic model based on social agreements, self-governments of the employees and greater independence of employers due to a decreased influence of the State administration on their activities.Item Odpowiedzialność dyrektora za wyniki działalności przedsiębiorstwa(Wydział Prawa i Administracji UAM, 1988) Kubot, ZdzisławA manager of a state enterprise is subject to many different forms of responsibility. Among them an important place takes the responsibility for the effects of the economic activity of an enterprise. Responsibility for effects is indispensable in economic mechanisms based on competition. In the case of such mechanisms the main duty of a manager cannot be reduced to the obligation of due-diligence and a prerequisite of his/her responsibility cannot be reduced to guilt. The responsibility of managers of enterprises which report poor economic results or lose in competition with others should take the form of dismissal or financial sanctions (deprivai of bonuses and awards).Item Podstawowe założenia przebudowy prawa pracy(Wydział Prawa i Administracji UAM, 1988) Salwa, ZbigniewThe article discusses theoretical problems of the Polish labour law reconstruction, focusing its attention on basic directions of the labour law reform. The author begins has considerations with the presentation of the most vital reasons indicating the need to carry out a far-reaching reform of the labour law. Its main purpose should be to synchronize legal solutions with actual socio-economic changes and to ground legal construction on economic mechanisms to a greater degree than in the past. The above refers to provisions realizing both an organizational as well as a protective function of the labour law. Being of the opinion that the Labour Code should remain a basic source of the labour law, the author postulates that the regulations contained in that Code be based mostly on semi-imperative norms allowing, within uniform constructions, to depart from the Code's provisions in legal acts of a lower rank and in a contract for employment in the direction favourable to an employee. The above would make it possible to secure uniformity and coherency of the labour law system and to develop and differentiate the work and pay conditions and other rights of employees in a decentralized manner, mostly by way of normative agreements. It is the author's opinion that the reconstruction of the labour law should increase the importance of a contract for employment, should reduce nomination as a basis of entering into the employment relationship and should lead to the elimination of appointment as a separate, known only in the Polish labour law, source of the employment relationship. One of the directions of the labour law reform should be to improve the quality of the labour law in both its substantive as well as technical-legislative aspects. The planned reform should also exert influence on restructuring and increasing the level of different employees' rights, although the economic situation does not allow to expect too much in that respect. The reform should also strengthen the mechanisms securing the observance of those rights by the management of enterprises.Item Postawy wobec pracy(Wydział Prawa i Administracji UAM, 1988) Sarapata, AdamThe author confronts the opinion — voiced generally by the management circles and by a considerable part of the society — that Poles do not set a high value on work and that they are responsible for their negative attitude towards work with his own research the results of which prove that: 1) in the value system of Poles work takes an important place; 2) the attitude of the majority towards work is determined by conditions which do not depend on employees but on the management, on the management's intellectual, moral and organizational qualities.Item Praca a wartości w badaniach nauk społecznych(Wydział Prawa i Administracji UAM, 1988) Żechowski, Zbigniew AntoniThe article contains reflections on wide or narrow understanding of work in the theory and research praxis of sociology, psychology and pedagogics. It shows wide understanding of work in philosophical axiology and anthropology and then it presents a partition of that object of research done by social sciences. The article focuses its attention on research on work for remuneration, especially on work in industry, i.e. the most advanced research on work in Poland and contains a review of various research trends: „social engineering" together with humanistic and personalistic approaches. The author links with the latter approaches the research on human activity set in the perspective of values. The author takes a critical attitude both with respect to „social engineering" trends in sociology and psychology of industry as well as towards some more recent „medium range" theories (a theory of needs, of orientation, of motivation, a theory of regulation of behaviours, of values). The author finds in those theories a common „manipulatory" orientation which performs adaptative and preservative functions with respect to the social system. The author confronts them with, the postulated critical-reformatory orientation which, taking as a starting point a wholistic understanding of socio-historical praxis, were to be useful in implementing a deep reform of the society in a transition period from capitalism to socialism.Item Prawne warunki stabilizacji zatrudnienia kierownika zakładu pracy(Wydział Prawa i Administracji UAM, 1988) Niedbała, ZdzisławIn conditions of the economic reform that is in conditions of self-dependence and self-government of enterprises, a special role is to be played by managerial staff. Among them the most important place is reserved for managers of state enterprises and cooperatives. The Labour Code provisions (Art. 4 and 23) declare that managers of enterprises represent the enterprises to their crews and manage those enteprises according to the principle of one-person rule The laws regulating the activity of state enteprises grant their managers the right to taking self-dependent lawful decisions. Carrying out such important tasks and competences requires high professional qualifications and organizational skills. At the same time, however, a condition of the efficient realization of those tasks is to guarantee to the managerial staff at least some basic conditions of employment stability. To a considerable degree the latter postulate has been implemented by the Act of Sept. 25, 1981 on State Enterprises. The provisions of the Act vest tasks of protecting the stability of employment of a manager in so-called founding organs, i.e. the State administration organs and the employees' councils of enterprises. So far, however, managers themselves have had no autonomous legal means to question the decisions recalling them from managerial posts. Similarly, members of the management of a cooperative may be recalled by a statutory organ of a cooperative without any reasons, i.e. without the recalling organ's duty to state the motives of dismissal. The proposals of changes in that respect in conditions of a new economic situation seem indispensable.Item Przemiany podziału pracy w rodzinach chłopskich(Wydział Prawa i Administracji UAM, 1988) Nowak, WaldemarWork in peasants' families is of twofold significance: productive and social. Social significance consists in work being entangled into the system of family roles played by particular members of a group. Each individual in a family plays a given role determined by his/her sex, age and place in the family structure. Productive activities are integral parts of those roles. Thus there is an entanglement of productive and family roles. It is a characteristic feature of peasants' families, absent in other types of families. The said entanglement is a factor of integral unity of a family. The development of the agricultural services sector brings about a loss of a part of peasants' occupational independence what in turn is connected with the changes in the traditional distribution of work in a family. External interferences into matters of a farm, into work relationships, are always interferences into the life of a family, into its structure.Item Płaca minimalna jako narzędzie polityki ekonomicznej(Wydział Prawa i Administracji UAM, 1988) Polańska, AureliaIn the Polish People's Republic the minimum pay has always been and still is a means of a central pay policy, used to set back the growth of pay of people employed in the socialized sector. Its value has always been and still is lowered, for it does not guarantee the satisfaction of basic needs of an employee and his/ /her dependents. Such an approach brought about only negative effects in the sphere of motivation to work. In 1994 there will be a 100th anniversary of introducing the minimum pay in New Zealand. On that occasion a comparison between purchasing power of minimum pays in various countries will be conducted. May Poland not take a discrediting place! The minimum pay, just like any other pay, must perform income and motivating functions. One may expect the economic revival to come when people are able to live on one pay, also on the minimum pay. It would increase the value of work. The theses of the 2nd stage of the economic reform did not raise this issue; it is one of the reasons for this article to have been written.Item Płynność kadr. Socjoekonomiczna interpretacja zmiany miejsca pracy(Wydział Prawa i Administracji UAM, 1988) Dymarski, WłodzimierzThe interpretation of a mechanism of an individual act of changing jobs takes as a starting point the analysis of the object of such a change. Vast differences between the meanings various authors ascribe to the concept of a job (see: Appendix) made it necessary to begin the considerations with the attempt to explain the essence of those differences and to systematize the concepts. In effect, it has been assumed that „a job" will be understood as a set of functions, separated from an organizational structure of an enterprise, to be performed by one employee during his/her full time work, together with the means necessary to realize those functions. A job defined in the above way and an employee working there form a basic unit of a social division of labour. An individual act of changing jobs is a result of a destabilization of that basic unit in consequence of divergences between the employee's expectations and the possibilities of satisfying them through his/her work in a given job. The explanation of that process has been based on the analysis of the structure of an „employee — job" system, together with the analysis of internal and external conditions of its stability-and objective and subjective factors of the destabilization. Two types of stabilization have been distinguished: a) voluntary, which is a consequence of a sufficiently high level of satisfaction as to a job and its environment; b) forced, which is a cosequence of a failure to carry out a decision to change job. It is only the former type of the employees' stabilization which may be identified with a stability of employment.Item Rekompensata szkody na osobie pracownika(Wydział Prawa i Administracji UAM, 1988) Brol, Jan1. Compensation for personal injuries sustained by an employee has long been a controversial social and legal problem. Namely, social insurance benefits do not cover a full damage. Thus, the greater the difference between the damage and those benefits, the more significant from a social point of view the problem of obtaining a compensatory payment becomes. 2. The Act on Accident Benefits of 1975 introduced for an employee a more advantageous system of compensating personal injuries than the previous law. However, the present regulation is not free from shortcomings. There still remains an unsolved, yet basic problem of just compensation. The present system does not provide for a compensation of a full damage (in a civil law meaning) but of a damage defined in the Act. The maximum level of social insurance benefits, including benefits obtained form an employer, is limited by the Act. The source of compensation for the loss of income due to a complete on partial inability to work are— depending on its period and a character and degree of disturbance of health — sick benefits, salary differentials, rehabilitative payments, compensation allowances, compensation payments and disability pensions Furthermore, an injured person, or — in the case of his/her death — members of his/her family are entitled to a single indemnity, the level of which (maximum: 250 000 zl) depends on the percentage of a permanent or long-lasting detriment to the health. 3. Even though a compensation covers only a part of the damage, an employer — by virtue of the Act of 1975 — is not liable (civil law liability) for the damage resulting from labour accidents or occupational diseases. Similarly, if a person causing damage is an employee, he/she is also free from civil law liability. An injured person may thus obtain a compensatory payment only when a third party is a person liable for the damage. In turn, an employer is liable for a damage causally linked with employment, yet resulting from another occurence than occupational accident or disease. 4. A principle adopted in the present system: a sure yet not full allowance, does not correspond with social expectations. Therefore, it is necessary to continue the process of improving a system of compensation for personal injuries. An optimum model would be to depart from states of affairs determining rights to allowances (labour accidents, occupational diseases) and to adopt a rule that each damage which is in causal nexus with employment would give a right to allowances covering, in principle, a full damage. Before such a rule is introduced, an employer should be held liable for any non-compensated damage, especially if an employer or its subordinates could be held guilty of such a damage.Item Rola prawa pracy w przezwyciężaniu alienacji pracy (wybrane zagadnienia)(Wydział Prawa i Administracji UAM, 1988) Rączka, KrzysztofThe article comments on some aspects of the role of the labour law in overcoming the alienation of labour. The process of eliminating the said alienation is determined by many factors, among which the labour law plays a significant role. The areas of the labour law which might be mentioned in this connection are provisions on safety and hygiene of working conditions, on working time, on remuneration for work, on social benefits, etc. Generally speaking, the problems indicated in the title offer resourceful and promising research prospects.Item Spis treści RPEiS 50(4), 1988(Wydział Prawa i Administracji UAM, 1988)Item Stosunki prawne pomiędzy organami przedstawicielstwa pracowniczego w przedsiębiorstwie państwowym(Wydział Prawa i Administracji UAM, 1988) Sypniewski, ZbigniewAccording to legal writers, subjects of legal relations in the analysed sphere are a crew and a trade union, not their organs. However, self-government and trade union organs have various duties and rights which to some extent are independent of the duties and rights of the organizations they represent. The above justifies treating those organs as legal subjects, capable of entering upon reciprocal legal relations. Such an approach is of great practical importance. Legal relations between organs of employees' representation are the relations of cooperation, based on law, statutes and contracts. Those relations are entered upon by virtue of the law and their changes may be of general or individual character. They are terminated only when one of the participating subjects has ceased to exist. The contents of legal relations of cooperation includes two types of rights and duties, i.e. the rights and duties which are addressed 1) directly to organs; 2) to a crew or to a trade union organization, yet the circumstances make it clear that the organs have to behave in a certain way. Form a substantive point of view those rights and duties are concerned with creating or applying legal norms in an enterprise.Item Systemowe aspekty reformy płac w przedsiębiorstwie(Wydział Prawa i Administracji UAM, 1988) Jarmołowicz, WacławThe subject-matter of the article is the analysis and evaluation of implementation of the pay reform in an enterprise. The author focuses his attention oh the key problem for the reform, namely the influence of the economic efficiency of an enterprise on the size of income funds and the level of the employees remuneration. Presenting and analysing the above problem, the author reconstructs and confronts the assumptions of the reform with the praxis of its implementation. In particular, the considerations include a critical review of theoretical conceptions set forth in the period of discussions on the assumptions of the reform, projections of changes contained in „The Directions of the Economic Reform" and actual and implemented changes. Pointing to a limited scope of those changes and to their serious shortcomings as to motivation and efficiency, the author justifies the need and directions of a further radical reform of remunerations. In the first place, stressing an integral character of system solutions, the author declares for the necessity of strengthening the role of profit (and especially net profit) as a rational and motivatively efficient basis of regulating the size and distribution of income funds.