Praca i Zabezpieczenie Społeczne Work and Social Security) 2019/06

  •  Articles
    • Employee or entrepreneur? Theory of choosing a professional occupation in explaining decisions on the form of professional activity
      The theory of choosing a vocational course assumes that a given person may choose a form of professional activity between being an entrepreneur and a salaried employee. According to the neoclassical approach, the benefits and costs of each election are indicated. The advantage for an employee is to receive remuneration for work without risk, and for an entrepreneur - an entrepreneurial profit burdened with the risk of failure. On the other hand, the costs are the costs of involving human capital at both elections, and in the case of entrepreneurs, the cost of financial and social capital as well. The perception of these benefits and costs depends on internal motivations, such as eg risk appetite, and external factors, such as the situation on the labor market. The final choice is dictated by the desire to maximize the difference between benefits and costs. People who perceive a risky entrepreneurial profit as more likely than higher wages decide on entering entrepreneurship. Otherwise, they become employees.
    • Labor relations - basic issues (part 1): are the controversies around the monistic or dualistic concept of the employment relationship really valid?
      According to the author, in connection with the law on labor in the Polish literature on the public-law nature of the employment relationship, in the context of criticism of both the monistic and dualistic concept of this relationship, it is extremely interesting and necessary to consider the nature of the employment relationship as a legal relationship. The author emphasizes that this issue, above all, for a labor law lawyer is fundamental, because the employment relationship is a key institution of labor law. He argues that the controversies appearing in this area seem to be essentially pointless, and this is due to the fact that the problem itself has been artificially "generated". He points out that when using the conceptual apparatus developed by law theoreticians, this issue is not an "insoluble" issue of labor law.
    • Profiling in labor relations and public policies - an instrument for reducing economic risk?
      During a public debate on the automation of processes related to employment, a question about the profiling process often arises. The author points out that profiling has always been present in labor law and, more generally, as a method of organizing information necessary to make the right decisions at a given time. Profiling is in fact a popular method that has been used for a long time due to labor relations, although along with the development of information revolution and technological possibilities, the dangers associated with using this method to obtain knowledge necessary for functioning in business, exceeding the legal framework allowed. It remains beyond any doubt that profiling is an analytical method, but it is worth considering what is the deeper meaning of using this mechanism. According to the author, both employers and public authorities use the profiling mechanism to reduce the personal risk of undertaken projects, which translates into an assessment of economic efficiency.
  • Studies and studies
    • The problem of decent remuneration and its determination in the light of literature and jurisprudence
      The author discusses the concept of fair remuneration and its understanding on the basis of acts of international law and Polish law. Particular attention is paid to the issue of recognizing remuneration as inoffensive, including the problem of excessive remuneration. Against this background, evaluates the current legal status and the generally prevailing practice of applying the law in this area. In the conclusions, the author indicates the direction of changes to which the legislator should strive.
    • Report on the colloquium "Work in the XXI century - law, techniques, striving for unity" (Collège de France)
      26 and 27 February this year. a colloquium was organized by the Professor at the Collège de France in Paris. Alain Supiot, entitled "Work in the XXI century - law, techniques, striving for unity" (Le travail au XXI siècle - droit, technique, écoumène). This colloquium has become part of this year's global debate on the future of work, initiated by the ILO on the centenary of its existence. In autumn 2019, the "Book of the Century of the ILO" (Atelier edition) will be published, to which the texts will be selected through a competition. The colloquium was a contribution to giving this book unity and coherence.
  • Interpretation and practice
    • The designation of the term "existence of an employment relationship" within the meaning of art. 63 k.p.c. (in the part referring to the action brought by the PIP inspector)
      According to art. 63 of the Code of Civil Procedure, in part I of this provision, the labor inspectorate of the National Labor Inspectorate has the competence to bring an action for a citizen in such a case, which was defined here as a matter of determining the "existence of an employment relationship". The author looks for the answer to the question how to describe the designatum of the term used in the standardization: "the existence of an employment relationship". The answer to this question is of great importance as part of the "law in action", while there are considerable discrepancies in this subject in the literature on the subject.
    • Employer's and employee's liability for damage arising directly in connection with the performance of employee duties in the context of the restrictions contained in art. 120 k.p.
      The issue of joint and several liability of an employee and employer for a tort committed against a third party is still an unresolved issue. The dominant scientific current of recent years assumes that the exclusion of liability under art. 120 of the Labor Code concerns only the fault of an unintentional employee. According to the author, however, this is not a valid view. It is based on very vague criteria for interpretation. The author emphasized a number of doubts that appear in the context of the discussed issue.
  • From the case law of the Court of Justice of the European Union
    • Restoration of the date from art. 264 k.p. To appeal against termination of the employment contract
      The author makes a recourse to the jurisprudence of the Supreme Court with regard to the issue of reinstating the date from art. 264 k.p. To appeal against termination of the employment contract. He discusses the latest judicature of the Supreme Court regarding this issue.
  • According to the National Labor Inspectorate
    • Replacement contract
  • New recipes
    • Review of Officials Set for 2019 from item 764 to item 1023

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