Praca i Zabezpieczenie Społeczne (Work and Social Security) 2020/04
Category: Praca i Zabezpieczenie Społeczne
Published: Friday, 08 May 2020 11:36
Written by Editor
- The world of work on the wilderness. Reflections on the possible effects of the COVID-19 pandemic
The spreading COVID-19 pandemic is a serious blow to the global economy, including the relatively stable socio-economic structures of developed capitalism. The article presents the first reactions of institutions and social partners. The authors point out that a pandemic crisis may lead to a fundamental transformation of the world of work known to us today. In the description of the vision of the world of work after a pandemic, four questions posed in the article are to help: the future of globalization, changes in the work environment, ensuring social security in a broader scope, and social changes in assessing the value of jobs.
- A few remarks on intergenerational justice and the financial balance of the state
The aim of the article is to analyze issues related to intergenerational justice and the financial balance of the state. The balance of public finances is one of the important elements determining the implementation of the state's tasks. However, the principle of acquired rights guarantees a certain level of pensions. On the other hand, in practice, due to demographic, economic or financial factors, difficulties may arise in the payment of retirement benefits in the amount originally allocated. As a result, the calculation of these benefits may change.
- Legal status of a member of the management board of a capital company in the light of the act on the protection of employee claims in the event of the insolvency of the employer
The article deals with problems that are associated with providing board members with protection in the event of the insolvency of their employer. The possibility of employing management board members of capital companies based on the employment relationship, grounded in Polish labor law, implies their protection in the event of the insolvency of the employer. Under the current legal status, members of management boards of capital companies who are employees (or employed under a mandate contract) are treated in the same way as all other employees. The Act on the protection of employee claims in the event of the insolvency of the employer in no way takes into account their special status - the impact they could have on the emergence of insolvency, greater opportunities for self-protection of their interests and the ability to influence their employee status. This raises the risk of taking advantage of your particular position and potential abuse. It is particularly visible in the case of management board members who are also the company's majority shareholders. The author wonders how the legislator can take into account the special status of board members in the Act on the protection of claims in the event of the insolvency of the employer, in particular in the field of preventing potential abuse.
- Payment of remuneration in a cryptocurrency
Blockchain technology has many potential applications (for example, the land and mortgage register), but the basic or most widespread use is currently cryptocurrencies - this system is based, among others, on Bitcoin. The cryptocurrency mentioned above is slowly changing the rules of functioning of the financial system. Bitcoin is already used today in online commercial transactions, transfers (due to the extremely low costs of transferring large amounts), as well as investment assets. Interest in the aforementioned cryptocurrency is growing. Although this phenomenon is marginal for the time being and concerns entities from the fintech industry, it should be emphasized that there are already employers in the world who pay remuneration in cryptocurrencies (only in cryptocurrencies or offering employees a choice between fiduciary currencies and cryptocurrencies). The article analyzes the admissibility of such a practice in the national legal order.
- On the need to amend the provision of art. 98 of the Act of 13 October 1998 on the social security system
The article is devoted to the issue of an offense in art. 98 of the Act on the social security system. The author presents the genesis of this legal regulation, and then justifies the thesis about the need to transform this prohibited act into a crime, emphasizing, among others, that the fiscal interest of the Treasury is protected both in tax law and under criminal fiscal law, while protecting the interests of the Social Insurance Institution and the insured, including the social security system, in the area of criminal law does not seem consistent with the protection guaranteed by taxes. The author also proposes specific changes to the provision of art. 98 of the Act on the social security system, which are to improve the prosecution of perpetrators of acts described under this regulation.
- Protection of employees' rights in the event of acquisitions by several transferee
The Court of Justice of the European Union has once again dealt with the issue of protection of employees' rights in the event of a transfer of an enterprise. In its judgment of 26 March 2020 in case C-344/18, ISS Facility Services NV v. Sonia Govaerts, Atalian NV, the Court considered the consequences of the takeover of an enterprise by several acquiring employees for employment contracts in that enterprise.
- Social security for a fully incapacitated employee
The author presents the latest view of the Supreme Court with regard to being subject to compulsory social insurance by a person who, being completely incapacitated, is employed under the conditions set out in Art. 22 § 1 of the Code of Civil Procedure
- Change of job position
- Review of Journal of Laws from 2020 from item 374 to item 597
Praca i Zabezpieczenie Społeczne (Work and Social Security) - full list