Praca i Zabezpieczenie Społeczne (Work and Social Security) 2022/07

  • Models of trade union association of officers employed on the administrative-legal basis in the system of Polish employment law
    The article is devoted to models of trade union association of officers employed on the administrative-legal basis. This mainly applies to officers of the Police, Border Guard, Prison Service and the Customs and Tax Service. The statutory changes of 2019 introduced mechanisms of qualitative pluralism to the organization of trade unions of these groups of employees.
  • Pre-retirement allowances and benefits. Premature professional deactivation
    Passive labor market policy programs resulted in the professional deactivation of a large group of people in the pre-retirement age at the turn of the 20th and 21st centuries. This contributed to perpetuating the problems and negative tendencies related to the low economic activity of older people and a significant burden on labor offices with servicing people out of work, but not interested in taking it. The authors assess the system of pre-retirement allowances and benefits implemented in Poland in the second half of the 1990s in the indicated dimensions. The analysis of legislative conditions is supplemented with individual administrative data from the CeSAR data warehouse. This allows to indicate the scale of the problem and the possible consequences of professional inactivity.
  • The mobility package and changes in the remuneration of drivers of international road transport
    The road transport sector in Poland is an extremely important part of our economy. Changes introduced in several stages as part of the so-called The mobility package will largely affect the economic situation of Polish carriers. This package contains a number of regulations relating to both the competitiveness of transport companies in the EU and the improvement of drivers' working conditions. The article concerns new regulations related to the inclusion of international transport drivers in the provisions on the posting of workers, and, consequently, changes in the scope of their remuneration.
  • JEL: K31 due diligence strategy as a mechanism to prevent violations of employee rights in global supply chains
    The author discusses the issue of infringement of employee rights in global supply chains of international companies. It sets out in detail the draft Directive of the European Parliament and of the Council on corporate due diligence and corporate liability, and proposed changes to private international law. This initiative is the first such comprehensive regulation in the EU and places obligations on companies to protect social human rights in relation to their economic activities along the entire supply chain.
  • Termination of professional activity by judges and prosecutors due to age
    The article concerns the retirement of judges and prosecutors. The author analyzes the circumstances enabling the National Council of the Judiciary or the Public Prosecutor General to extend the period of professional activity. It discusses the provisions on the retirement status of Supreme Court judges. Contrary to common court judges and prosecutors, judges of the Supreme Court retire from the age of 65 without the possibility of applying for an extension of the period of service. The author refers to Council Directive 2000/78 / EC establishing a general framework for equal treatment in employment and occupation. In her opinion, Polish regulations are in contradiction with the regulations of the European Union.
  • Practicing the profession of a pharmacist - pharmacist under an employment relationship - selected issues
    The considerations in the article concern the relationship between the professional independence of a pharmacist and pharmacist's subordination to employees in the situation of practicing this profession under an employment relationship. Pursuant to Art. 35 sec. 1-2 of the Act of 10 December 2020 on the profession of pharmacist, the pharmacist independently makes decisions in the field of pharmaceutical care, pharmaceutical services and professional tasks, guided solely by the patient's best interests, and is not bound in this respect by an official order. The entity running a pharmacy, pharmacy point or hospital pharmacy department is obliged to enable the pharmacist to independently make decisions in the field of pharmaceutical care, pharmaceutical services or professional tasks to the extent that they are related to the activity conducted by that entity. In the author's opinion, the pharmacist is not bound by the employer's instructions regarding activities covered by the legal guarantees of professional independence, and the employer has a legal obligation to enable him to make independent decisions within the limits of his professional powers. In this respect, therefore, there is no obligation to carry out the employer's instructions regarding work within the meaning of Art. 100 § 1 of the Labor Code.
  • The scattered constitutional control of statutes and the decubitation act - the latest jurisprudence
    The author presents the problems of jurisprudence related to the introduction of the so-called the deubekization act. Pursuant to this act, the period of service for a totalitarian state by an officer cannot be counted when determining the basis for the calculation of his old-age or survivor's pension. The study extensively presents the most recent judicature of the Supreme Court in the subject scope, clearly indicating that in cases relating to the reduction of benefits under the aforementioned Act, there is a need to apply the so-called dispersed control of the constitutionality of statutes, i.e. independent adjudication by courts on the non-compliance of an act with the Constitution.

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