The Issue of the Employees Improving Professional Qualifications – The Evolution of Changes Remarks Against the Background of the Binding Regulation and the Previous One

  • Beata Stanibuła Wydział Zamiejscowy Nauk Prawnych i Ekonomicznych KUL w Tomaszowie Lubelskim
Keywords: professional qualifications; facilitating improving professional qualifications; employer’s duties; basic rules of the Labor Code; functions of professional qualifications


The article contains a discussion of the legal regulation concerning the issue of employees improving qualifications, taking into consideration the changes made in this field in connection with the judgment by the Constitutional Tribunal in its decision of 31 March 2009 saying that Art. 103 § 1 of the Labor Code is unconstitutional. The regulation was the basis (authorization) for passing a law regulating in detail the duties of the employers and the employees connected with making it easier for them to improve professional qualifications. The conducted discussion is an attempt to answer the questions: is the legal character of the duty to make it easier for employees to improve qualifications an authorization to maintain it as a basic rule of the Labor Code; does the shape of the present regulation sufficiently supply employees with the right conditions for their personal intellectual development; is there a need for further changes, and if so, which direction should they go in.