Praca i Zabezpieczenie Społeczne (Work and Social Security) 2022/02
Category: Praca i Zabezpieczenie Społeczne
Published: Tuesday, 22 March 2022 11:23
Written by Editor
- Social issues in Poland in the times of neo-nationalism
The article concerns "new nationalism" (neo-nationalism) and its influence on social policy and labor law in Poland. The author explains the concept of new nationalism and its relationship with social law and social policy, explains what elements of social programs implemented since 2016 are consistent with the assumptions of the new nationalism, points to the reasons for the popularity of the slogans of the new nationalism movement, describes three main social reforms introduced under its signboard and areas of inequality left beyond the authority's interest. According to the author, the reforms introduced after 2015 (in particular of the family and employment policy) mainly serve to build the legitimacy of the authorities. For this reason, their goal is not a systemic solution to the most important challenges of Polish social policy and the labor market. The social reforms undertaken by the government are to be, above all, effective, and not effective. Rulers' attention is focused mainly on quick and politically profitable programs for those social groups that have or may have an influence on the election result.
- Spouse of the President of the Republic of Poland with a new title of social insurance
The Act of 17 September 2021 amending the Act on remuneration of persons holding state managerial positions and certain other acts introduced a new insurance title to social and health insurance - the spouse of the President of the Republic of Poland. It is a title that is distinguished by the way the regulation is adopted and a very narrow group of addressees. However, it deserves attention also because its construction adopts specific solutions, different from those used so far. The article analyzes solutions such as the possibility of indicating a person covered by insurance, a specific definition of an accident at work or the coverage of sickness insurance for a person whose activity does not affect his or her family's income. Possible methods of providing social security to spouses of the Presidents of the Republic of Poland, alternative to social insurance, were also considered.
- Remote work and its importance in contemporary society: the idea of the so-called green employment contract in building climate justice
The aim of the article is to indicate the importance of remote work and the role it plays in contemporary society and the world of work. The authors describe the experience of Brazil and the changes to the labor law introduced in this country in 2017 (Unified Labor Code - CLT). Remote work is an expression of progress, it is a new legal, economic and social path. The legal act regulated the new work model connecting millions of employees and confirmed that we live in the digital and cyber age. The introduced regulations regulate a new type of employment relationship that democratizes work performance, which should contribute to solving social and environmental issues and improving the situation of employees. The conclusions from the introduced changes indicate the need to consider the implementation of the so-called a green employment contract to support the implementation of climate justice.
- Trust but control? The principle of loyal cooperation of European Union Member States and the A1 certificate
The aim of the article is to analyze the interdependence between the principle of loyal cooperation of the European Union Member States and the A1 certificate. The author first analyzes the theoretical assumptions for the A1 certificate, especially in the context of the title principle. The document in question is not only a guarantor of treaty freedoms, but also a sign of trust between the Member States. The author then asks questions and considers numerous doubts concerning the issue of trust between the Member States, the limits of this trust and possible control measures, especially in the context of the abuse of treaty freedoms.
- The position of the judicature on pensions for functionaries serving for the totalitarian state
The aim of the article is to present the development of the pension entitlement of functionaries serving for the totalitarian state in the jurisprudence after the introduction of controversial changes in 2017. The main thesis of the article, created on the basis of the presented position of the judicature, boils down to the statement that the abolition of retirement privileges of people taking up activity in the security apparatus of the People's Republic of Poland does not apply top-down to all beneficiaries. The analysis of the issue allows to conclude that in the light of a democratic state ruled by law, the criterion of "service to a totalitarian state" should be determined on the basis of all the circumstances of the case of a given beneficiary, his individual acts and functions, in order to finally recognize whether he violated his or her fundamental rights. and human freedom, and thus whether there are grounds for lowering the collected retirement benefits. The judicature is of the opinion that the factual findings and interpretations presented in the information obtained from the Institute of National Remembrance as to the course of the service provided by the recipient do not, in fact , bind the court which has jurisdiction to consider the case on the basis of all the evidence gathered in the case.
- Evidence from an employer's hearing in matters related to labor law - subjective scope
The article is devoted to the issue of evidence from an employer's hearing when there is an entity other than a natural person on the employer's side. The problem of who can be questioned as such a party then arises. This issue is of a complex nature, as it is shaped by both procedural and substantive law regulations. The issues presented in the article, despite their importance for theoreticians and practitioners of law, have not been elaborated on in greater detail so far.
- Voluntary social insurance before and after the amendment
The author presents theoretical and practical problems that arose on the background of selected provisions regulating voluntary retirement, disability and sickness insurance and ultimately led to the amendment of the system act under the Act of 24 June 2021 amending the Act on the insurance system social and some other acts ( Journal of Laws item 1621). The article discusses the legal nature of the application for voluntary insurance, the effects of paying the premium in a partial amount and the form in which the decision of the Social Insurance Institution has been and should be made after examining the application for consent to pay the premium late. A new legal regulation was also presented, which replaced the current one and is to eliminate the difficulties related to the application of problematic provisions.
- Supplementary liability of the employer (ex delicto) for unlawful termination of an employment contract with notice - the latest jurisprudence
The author presents the evolution of the Supreme Court jurisprudence in relation to the pursuit of supplementary compensation claims by an employee based on the provisions of the Civil Code in the event of termination of an employment contract with that employee with or without notice. Against the background of the discrepancies noticed in it, he presents the latest statement of the Supreme Court in this respect regarding the termination of the contract by notice.
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