Praca i Zabezpieczenie Społeczne (Work and Social Security) 2019/11

• Collective collective agreements. The twilight of the institution?
  The subject of the article is the legal framework for the functioning of multi-establishment collective agreements and their actual situation. The basis for the conclusions are the tests carried out in the register kept by the minister competent for labor. The authors try to present the broader context of multi-employer negotiations and reflect on their future.
• Entrepreneur as an employer in the Polish legal order
  In the Polish legal order, between the legal concepts of an entrepreneur and an employer, although rarely occurring on the basis of specific normative solutions, there are certainly strong correlations. Unfortunately, the far-reaching imprecision of specific regulations often raises serious doubts of an interpretative nature. According to the author, it should be considered fundamental to answer the question whether it is currently permissible to grant the attribute of the employer to a natural person employing employees for purposes other than in connection with the business activity conducted by the employer. The issue of distinguishing the entrepreneur-employer from the enterprise also requires in-depth analysis. The article also describes management concept of the employer (concept of the internal employer) and the issue of the scope of differentiation of labor law provisions due to the properties of the entrepreneur-employer was raised.
• Studies and studies
  • Social benefits and the maintenance obligations of family members in the light of the subsidiarity principle
    The issue presented in the title of the article falls within the broad and controversial issue of the limits of state interference (intervention) towards the family. The author presents a way of understanding the principle of subsidiarity and characterizes maintenance obligations, which should be the first source of support for people suffering from deprivation. Against this background, he describes three social benefits, namely benefits paid under social assistance, maintenance payments and benefits paid under the 500+ program, while answering the question whether their legal regulation complies with this principle . It turns out that they strictly comply with the subsidiarity principle, benefits paid under social assistance, and to a lesser extent benefits from the alimony fund. On the other hand, benefits paid under the 500+ program, which are granted irrespective of the economic status of the family, as well as without the stated purpose of their payment, the achievement of which would entail cessation of payments, are contrary to the principle of subsidiarity. There is also a risk that they may erode maintenance obligations.
• Interpretation and practice
  • Monitoring of employee's e-mail - reflections on the background of new legal regulations
    The Act of 10 May 2018 on the protection of personal data (Official Journal item 1000) introduced new provisions to the Labor Code, art. 22 and 22, specifying the rules for monitoring employees. They have a pioneering character, because so far this issue has not, in principle, been the subject of interest of the Polish legislator. Particular attention was paid to the employee's official e-mail control. The article contains an analysis of regulations regarding this form of monitoring. The author draws attention in particular to those regulations which may raise doubts in practice.
  • Employer's information obligations towards trade union representation
    One of the areas that have changed as a result of the amendment to the trade union act at the beginning of this year is the issue of the employer's obligation to provide certain information to the trade union party. Due to the fact that this obligation is an element of the implementation of the constitutional principle of social partners' dialogue, it should be assessed as having significant axiological significance, and at the same time it is impossible not to notice its enormous practical significance for enabling proper performance of the tasks of the trade union representation operating at the employer. The article presents comments regarding the overall structure of this obligation, with particular emphasis on the importance of art. 28 of the union act, as well as de lege ferenda motions and proposals.
  • The basis for calculating the social security contributions of a limited liability management board member employed under an employment contract and obtaining at the same time a lump sum for management board meetings
    The article is devoted to the questionable in both theory and practice of the issue of the basis for calculating social security contributions for a lump sum obtained by a member of the management board of a limited liability company employed in this company under an employment contract. For a proper presentation of this issue, the author discusses the organizational relationship and employment relationship between a member of the management board and the company, and then makes a synthetic summary of the features that distinguish these two legal relationships. Against this background, it analyzes four possible configurations to determine the basis for calculating social security contributions.
• From the case law of the Court of Justice of the European Union
  • Equal treatment of part-time employees
    In its judgment of 3 October 2019 in case C-274/18, Minoo Schuch-Ghannadan v Medizinische Universität Wien, the EU Court of Justice dealt with the issue of equal treatment in employment. According to the Court, EU law precludes national legislation which provides for a longer maximum period of employment relationships for employees with fixed-term contracts for part-time employees than for comparable full-time employees. working hours, unless such difference in treatment is justified by objective reasons and proportional to those considerations.
• From the case law of the Supreme Court
  • Breach of the principle of equal treatment in employment - recent case-law
    The author refers to the latest judicature of the Supreme Court (judgment in case III PK 50/18), which partly questioned the correctness of the views adopted in current jurisprudence regarding the relationship between the principle of equal treatment and the principle of non-discrimination of employees as well as the legal grounds and legal nature of compensation their violations.
• According to the National Labor Inspectorate
  • Maternity leave
• New recipes
  • Review of Journal of Laws of 2019 from item 1874 to item 2115

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