Praca i Zabezpieczenie Społeczne (Work and Social Security) 2020/03
Category: Praca i Zabezpieczenie Społeczne
Published: Monday, 20 April 2020 17:16
Written by Editor
- E-state on the example of reforms in the Social Insurance Institution (3-20)
The Social Insurance Institution is an important element in the structure of e-administration developed in Poland. His reforms clearly contribute to building the e-state. The Social Insurance Institution is the first e-office in the country. For several years, the Plant has been implementing a new strategy and transformation process, the aim of which was and is to increase customer satisfaction thanks to innovative solutions in the process of their service as well as transparency and efficiency of public funds management. The implemented modern reforms brought measurable financial benefits and positive qualitative changes, which resulted in the improvement of the institution's image in society. The Social Insurance Institution strategic plans include the continuation of this trend, mainly related to expanding the scope of modern information flow possibilities.
- Algorithms - a new dimension of supervision and control over the employer (11-21)
The author indicates that algorithms are becoming the key technology of power over the performer. They allow both the employees themselves to be formatted and their interactions between them essentially for one purpose - to optimize work processes to increase productivity. From this perspective, the employee is a digital model built of data and information. This means that all of his expressions revealed in the work environment will be measurable in a variety of ways. The algorithms also shed new light on the issue of subordination in employment. And all thanks to "blending" them into the environment of biometric data of people who provide work. In some ways, they take over subordination properties in employment by combining them with supervisory and control functions encoded in algorithmic technology. This means that the functions programmed in this way can be used in the same way in any employment model, and thus completely detached from the nature of the legal relationship on the basis of which the work is performed. The author attempts to answer the question whether algorithms can be perceived as tools by which subordination is created in isolation from the legal basis of the work performed and what consequences it has for employees.
- Legal issues of social security contributions for contractors 'business trips' (22-30)
Regulations regarding tax and contribution receivables regulate the issue of tax exemptions and social security contributions for travel services performed by contractors. Although the issue of travel for beneficiaries has not been regulated in either the Civil Code or the Labor Code, it seems that at least under these provisions the two types of travel have been equalized. However, it has not been decided whether it is permissible to assign the concept of "business trip" to contractors in the same way as for "business trip" of employees. The purpose of the article is to resolve both the above issue and to present the principles of exemption from social security contributions for benefits paid for contractors 'business trips'.
- Designation of professional soldiers and state officials for the position of academic teachers at military and state service colleges (31-38)
The author discusses the basic legal problems related to the designation of professional soldiers and state service officers, e.g. the Police, the State Fire Service, the Prison Service, as an academic teacher at military and state service colleges. The status of parties to such an employment relationship is governed by the provisions of the Law on Higher Education and Science, provisions concerning respectively the military service of professional soldiers or state officials and the provisions of the university statutes. The specific tasks in the field of national defense and security carried out by these universities and the complexity of the methods of legal regulation of the status of the parties result in the fact that they simultaneously occur in different roles: the entity employing as a university and a military unit or a competent state service unit represented by the commanding rector, and employed as an academic teacher and professional soldier or officer. In comparison with civilian universities, the differences regarding the designation of professional soldiers and state officials for the position of an academic teacher have their source primarily in: a) the manner and manner of entrusting the position, b) the qualification requirements for candidates, c) the requirements regarding the obligation to conduct the pre-competitive competition procedure employment, d) dispute settlement procedure.
- Proceedings in matters of labor law after the amendment to the Civil Law Code (39-48)
The article is devoted to the presentation of changes made by the Act of 4 July 2019 and the Act of 16 May 2019 amending the Act - Labor Code and some other acts, but only to the extent that affects the current shape of separate proceedings in matters of law work. The two cited acts include changes that are crucial from the point of view of the application of the law, as well as terminological and technical and organizational, aimed at removing the current ambiguities that can be considered as ordering. The order of the changes adopted by the author determines the stages of proceedings in matters of labor law. The article basically focuses on presenting the most important changes in the Code of Civil Procedure, but the author does not shy away from their assessment.
- Takeover of an enterprise - business based on assets (49-51)
In its judgment of 27 February 2020 in case C-298/18, Reiner Grafe, Jürgen Pohle v. Südbrandenburger Nahverkehrs GmbH, OSL Bus GmbH, the EU Court of Justice found that as part of the acquisition by the enterprise of activities that , in accordance with the procedure for awarding public contracts, requires significant fixed assets, non-acceptance by this unit of these measures, due to legal, environmental and technical restrictions imposed by the contracting authority, does not have to preclude the classification of this takeover as an acquisition of the enterprise , if other factual circumstances, such as the acquisition of most employees and continuous business continuity, show that the entity's identity has been preserved.
- Qualification of dismissals as collective dismissals (51-55)
The author refers to the case law of the Supreme Court regarding the problem, which of the ways to terminate the employment relationship should be classified as a dismissal within the meaning of art. 1 of the Act on group redundancies, and as a consequence how to correctly calculate the number of employees covered by redundancies in order to determine whether the redundancies are of a group nature and it is necessary to apply the procedure regulated in art. 2-4 of the Act. In this context, it focuses on the termination of the employment relationship in connection with the employee's changing notice.
- Temporary arrest of an employee (56)
- Review of Journal of Laws from 2020 from item 151 to item 377 (57-59)
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