Prawo pracowników do podnoszenia kwalifikacji zawodowych po wyroku Trybunału Konstytucyjnego z dnia 31 marca 2009 r.

Abstract

After the Constitutional Court decision of 31st March 2009 recognizing article 103 of the Labour Code as inconsistent with the Constitution of the Republic of Poland, it was necessary to re-regulate issues concerning the improvement of professional qualifications of personnel. The art. 1031 – 1036 were added to the Labour Code. New regulations are particularly significant in the context of Polish liabilities arising from international rights acts including International Labour Organization convention. The ILO Convention No. 140 of 1974 concerning paid educational leave is particularly noteworthy, as well as ILO convention No. 142 of 1975 about the role of counselling and vocational training in human resources development. The article has undertaken the analysis of new regulations in the context of preserving the right to improve professional qualifications by employees on the basis of labour law and international standards.