PRAWNOKARNA OCHRONA PRAW PRACOWNIKA W NOWYM KODEKSIE KARNYM
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Date
1998
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Wydział Prawa i Administracji UAM
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LEGAL AND PENAL PROTECTION OF RIGHTS OF AN EMPLOYEE IN NEW PENAL CODE
Abstract
In this article the Author made an attempt to analyse dispositions contained in chapter
XXVIII of the 1997 Penal Code, a chapter on “Crimes against rights of persons performing their
paid work”, e.i. legal dispositions that do penalize:
- malicious and persistent violence of an employee’s right inherent to employment or social
insurance - by persons whose activity results from labour law and insurance law;
- a refusal of readmitting to a job, if such a reinstatement in job was decided by proper organ;
- infringement to provisions of social insurance law by nondeclaration of data demanded or
declaration of false data - what influences a right to performances or their amount;
- exposing of an employee to a life danger or heavy detriment to the health by nonfulfillment of
duty relating to safety and hygiene of working conditions;
- non-informing proper authorities about an accident at work or occupational disease; non-drawing
or non-producing of necessary documentation.
The analysis was made with taking into consideration dispositions on protection of an employee’s
rights comprised in the 1969 Penal Code (already repealed) as well as on a basis of hitherto
existing statistics on crime against employee’s rights.
Because of the fact that the subject of the article is tightly related to labour law - the Author
presents also his own considerations on penal protection of employee’s rights also in relation with
dispositions of the code of labour law and, in particular, of its chapter XIII - “Liability for infringements
against an employee’s rights”.
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Citation
Ruch Prawniczy, Ekonomiczny i Socjologiczny 60, 1998, z. 3-4, s. 75-92