Zwolnienie od pracy z powodu działania siły wyższej i urlop opiekuńczy z perspektywy prawa socjalnego

Abstract

The subject of this study is to critically discuss the implementation of Directive 2019/1158 on time off from work and carers’ leave from a social law perspective, taking into account the objectives of the Directive and in the context of the EU’s competences regarding social policy. The starting point will be to outline both institutions in the light of the statements in the labour law literature. Next, the instruments in force in Germany for the protection of informal carers during time off or carer’s leave will be presented. Against this background, it will be possible to discuss the existing de lege lata and postulated de lege ferenda regulations of Polish social law, which—as it seems—could and should serve to protect employees using the newly introduced labour law institutions, so as to achieve the goal of ensuring a balance between the professional and private lives of parents and carers.