Praca i Zabezpieczenie Społeczne (Work and Social Security) 2019/10

  •  Articles
    • Admissibility of providing healthcare services in the form of telemedicine and their financing from public funds
      The author attempts to define the concept of telemedicine on the basis of international, including EU, documents and achievements of Polish and foreign literature, and determine the admissibility of remote provision of healthcare services in the light of provisions regulating the principles of performing medical professions and conducting medical activities. It also analyzes the issue of the admissibility of financing public healthcare services in the form of telemedicine, including reimbursement of the costs of such services provided as part of cross-border healthcare in the EU.
    • Dispute over the statutory right to a minimum subsistence in Germany
      The main goal of the article is to present the evolution of legal regulations and discussions on the right to a minimum subsistence in Germany. The considerations are carried out in a historical context relating to the emergence of social assistance before 1962, changes in the law regarding social assistance legislation from 1962 to 2004, the so-called Hartz reform and the case law of the German Constitutional Court, with a particular focus on the period after 2010.
  • Studies and studies
    • An unexplained dream about European works councils. How unions lose to supranational corporations
      The article attempts to answer the question of whether trade unions can use the institution of European works councils to strengthen the position of employee representation vis-à-vis transnational corporations. In the author's opinion, the problems with building cross-border solidarity of trade unions and their inability to develop a common position in the face of the phenomenon of transnational framework agreements (TCAs) make the union approach to the role of European works councils becoming increasingly ambivalent. As a result, the boards of transnational corporations may, paradoxically, become the main beneficiaries of the existence of the councils.
  • Interpretation and practice
    • Employer's liability for damages for the mental health of an employee
      Unlawful behavior of the employer or supervisor at the workplace may cause a sickness reaction to the employee as a result of prolonged stress. The Labor Code provides for special regulations aimed at limiting pathological phenomena. An employee is entitled to a claim for damages for mobbing, discrimination, including harassment. He also has the right to pursue claims based on the provisions of the Civil Code, which for many reasons, primarily evidence, turns out to be a more effective solution. Not all cases of unlawfulness at work can be classified as mobbing or discrimination. In addition, the achievements of jurisprudence and theory of civil law regarding compensation for health disorders prove to be extremely useful in the process.
    • The impact of custom on the content and performance of an employment relationship in case law and doctrine
      The subject of the article are basic problems related to the position of custom in employee relations, with particular emphasis on judicial decisions and the method developed in it to use the custom in relation to statutory law. The author indicates that the custom may appear both in the content of the employment relationship, supplementing the mutual rights and obligations of the parties to this relationship, and sometimes constitute an immanent element of the way the work is performed. Moreover, it seems that sometimes custom, first of all determining the manner in which an employment relationship is performed, becomes over time an element of the content of the employment relationship, shaping mutual rights and obligations of the parties. The condition for this to happen is knowledge and acceptance, even passive, of a given custom by both parties to the employment relationship.
    • On issues related to the subjective scope of the right to compensation under the Bridging Pensions Act
      By introducing on January 1, 2009, the institution of compensation to the social security system formed to date, the legislator decided to secure the claims of all insured persons with at least 15 years of work in special conditions or of a special nature. However, shaped two paths of interpretation of the provisions on the right to re-compensation mean that the two subject ranges of rightholders determined in this way do not fully reflect the system and purpose-oriented assumptions of this institution. The presentation in the article of these concepts of interpretation of the provisions of the right to compensation and an attempt to establish their mutual relations are important for the implementation of the provisions regarding the right to compensation intended by the legislator.
  • From the case law of the Court of Justice of the European Union
    • Discrimination on the grounds of disability and termination of the employment contract for objective reasons based on performance and absenteeism criteria
      The EU Court of Justice has once again ruled on the issue of discrimination on grounds of disability. In its judgment of 11 September 2019 in case C-397/18, DW v Nobel Plastiques Ibérica SA, the Court held that the state of health of an employee found to be particularly vulnerable to work-related risks under domestic law falls within the concept of 'not "disabilities" within the meaning of Directive 2000/78 only if this condition results in a limitation of ability resulting in particular from long-term impairment of physical, mental or mental functions which, when interacting with various barriers, may prevent a person from fully and effectively participating in professional life on an equal footing policies with other employees. Termination of the employment contract with a disabled employee for objective reasons based on the criteria of performance and absenteeism constitutes indirect discrimination on the grounds of disability, unless the employer has previously introduced rational improvements for this employee within the meaning of Art. 5 of Directive 2000/78 in order to guarantee compliance with the principle of equal treatment for disabled persons.
  • From the case law of the Supreme Court
    • Overtime work and the standard and amount of working time
      The author refers to the case law of the Supreme Court relating to the issue of remuneration of overtime work in the event of shortening the working time below the standards specified in art. 129 § 1 of the Code of Criminal Procedure and towards part-time employees.
  • According to the National Labor Inspectorate
    • Parental leave and termination of the contract
  • New recipes
    • Review of Journal of Laws of 2019 from item 1677 to item 1873

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