Praca i Zabezpieczenie Społeczne (Work and Social Security) 2019/09

  •  Articles
    • Wage and cash of the social security contribution payer
      The subject of the article is an analysis of the basis for calculating social security contributions, with particular emphasis on employment contracts. They are remuneration and pay components understood as pay. The legal qualification of the payer's cash is also carried out, which are not deducted from the insured person's remuneration and which increase the amount allocated to finance social insurance contributions. The basis for calculating the insurance premium is determined by the facts to which we relate the assigned interest rates by calculating the extent of the premium financed by both the insured and the payer. The author critically assesses the definition of the basis for calculating the premium in terms of tax law (income) and considers the possibility of introducing the concept of pay. A new understanding of the notion of pay would be relevant from the point of view of codified employment law, allowing also to define social security contributions in connection with employment.
    • Precisionisation of employment of third-country nationals in Poland in the context of Guy Standing's theory
      The increased influx of third-country nationals into the Polish labor market is a fact. The need to use their work with historically low unemployment is indisputable. The conditions of employment of third-country nationals may not differ from the conditions under which native employees are employed. What is offered to them on the Polish labor market, however, are conditions known as precarious. One of the main researchers of the precariat phenomenon is Guy Standing, whose theory describing this phenomenon is recognized worldwide. In order to be able to describe the employment of third-country nationals on the domestic labor market as precarious with full conviction, Standing's concept should be confronted with actual legal and factual status.
  • Studies and studies
    • Employment in the post-industrial era. Report on the XXII Congress of Departments and Departments of Labor Law and Social Insurance
      The XXII Congress of Chairs and Departments of Labor Law and Social Insurance took place on May 16-18, 2019 in Warsaw. Over 200 people took part in it, and the program includes about 80 speeches.
  • Interpretation and practice
    • The scope of restrictions on the additional employment of academic teachers employed in public universities
      As practice shows, in Poland many academic teachers are interested in taking up additional employment outside the university. So this is a phenomenon of significant social significance. On the one hand, the restrictions constitute a violation of the principle of freedom of work. On the other hand, taking up additional employment may pose a threat to the essential interests of the university. Additional employment of academic teachers employed in public universities under Polish law has long been subject to various restrictions. The Act currently in force provides for relative and absolute bans. An academic teacher employed in a public university may obtain consent for only one additional employment with an employer conducting teaching or research activity. The absolute ban applies to subsequent employment with such employers. The main problem is to determine the scope of the restrictions. The lack of specific goals of the existing restrictions makes the criteria justifying the Rector's refusal to take up additional employment unclear. The provisions of laws limiting the undertaking of additional employment by academic teachers have changed significantly. It seems that their goal at present is to prevent employment being competitive. The Polish statutory regulation of this problem is very imperfect and for this reason it can be assumed that it will cause many interpretation difficulties and disputes in the future. According to the author, the conclusion about the need for thorough legislative changes is justified.
    • Informing the employer about additional professional activity
      The article reviews the possible sources of the employee's obligation to inform the employer about additional professional activity. According to the author, this obligation can only result from an employment contract, not from an order or duty to care for the good of the workplace. In the interest of both parties to the employment relationship, the precise obligation to provide information remains. It seems incorrect to extend this obligation to inform the employer of the intention to undertake additional professional activity.
    • The effects of the employee's failure to comply with unilateral acts that change the content of the nomination
      The author analyzes the issue of the consequences of an employee's refusal to submit to unilateral acts changing the nominal employment relationship. It presents the consequences of employee insubordination based on a contractual employment relationship and differences in the area of appointment of the employment basis, as well as views of doctrine and case law regarding the possibility of using existing institutions in the scope of the effects of lack of employee availability. In conclusion, the author emphasizes the role of disciplinary responsibility in sanctioning acts of insubordination and puts forward the postulate of introducing changes to the current regulations that may specify clear mechanisms to determine the effects of an employee's refusal to submit to changing acts.
  • From the case law of the Court of Justice of the European Union
    • Protection against the repression of an employee working for a discriminated job applicant
      Judgment of the EU Court of Justice of 20 June 2019 in case C-404/18, Jamina Hakelbracht, Tine Vandenbon, Institute voor de Gelijkheid van Vrouwen en Mannen v. WTG Retail BVBA, concerns the issue of protection against the repression of an employee acting on behalf of a discriminated job candidate . Pursuant to the Tribunal's decision, art. 24 of Directive 2006/54 precludes a provision of national law according to which, in a situation where a person who believes that he / she has been the victim of discrimination based on sex, has lodged a complaint, the employee who advocated on its side is protected from employer's repression only if he acts as a witness in the context of the examination of this complaint and his testimony corresponds to the formal requirements provided for in those provisions.
  • From the case law of the Supreme Court
    • The act of unfair competition disclosure of trade secrets and the prohibition of competition after termination of employment - contractual penalties - the latest case law
      The author discusses the latest ruling of the Supreme Court regarding securing the interests of the employer after termination of employment, in which the Supreme Court admits the obligation to pay a contractual penalty by an employee for an act of unfair competition (Article 11 of the Act on combating unfair competition), disclosure of the secret of the employer (enterprise) after termination of employment .
    • Gloss to the judgment of the Supreme Court of 14 June 2018 determining the amount of the employee's team bonus in a situation where the remuneration regulations in force in the company were defective and not specific
      The main legal problem in the ruling concerned the method of distribution of the team bonus between individual employees, in a situation where the bonus regulations suggested the discretion of the employer in that respect, who unjustly deprived one of the contractors. The author argues with the division into so-called correct statutory bonuses and discretionary bonuses, arguing that the latter, based on the remuneration regulations, cannot depend on the employer's sole discretion. The application by the Supreme Court of Art. 322 of the Code of Civil Procedure when calculating the due share in the team bonus omitted by the employee's employer, the author found it relevant in a given case.
  • According to the National Labor Inspectorate
    • Pre-retirement protection
  • New recipes
    • Review of Journal of Laws of 2019 from item 1422 to item 1676

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