Praca i Zabezpieczenie Społeczne (Work and Social Security) 2020/06
Category: Praca i Zabezpieczenie Społeczne
Published: Monday, 13 July 2020 09:20
Written by Editor
- The process of legal differentiation and the beginnings of labor law (3-7)
Differentiation in social life and differentiation in law enhance mutual feedback in the development process. At the first glance, codification of civil law in the early nineteenth century seemed to guarantee the triumph of equal rights for all. However, after a century and a half, the parties to such a simple civil law contract as sale vary according to their status as consumer or entrepreneur. According to this logic of diversity, at the turn of the 19th and 20th centuries a new branch of labor law was created. In this respect, Leon Petrażycki (1867–1931) introduced a fundamental distinction between employer and employee, for whom the claim for remuneration secures his and his family's existential needs. It therefore differs from any standard civil law claim, e.g. by sale or rental.
- Independence and disciplinary liability of judges (8-15)
In EU law, national provisions are not allowed, which would imply that national judges may be subject to disciplinary proceedings because of a reference for a preliminary ruling to the Court of Justice of the European Union. The very vision of instituting disciplinary proceedings in a given case because of such an occurrence or deciding to maintain it later may have a negative impact on the actual exercise by national judges of the powers and functions referred to above. However, on March 26, 2020, the Court of Justice of the European Union ruled that the references for a preliminary ruling made by the District Court in Łódź and the District Court in Warsaw were inadmissible. The author explains the reasons justifying the above decision.
- Platform work. Challenges for occupational health and safety in Poland (16-22)
Progressing digitization of the economy and the formation of so-called sharing economy results in the appearance of new forms of employment on the labor market. One of them is crowd employment, in which the demand and supply of services meet via an online platform. The purpose of the article is to answer the question what challenges for ensuring safe and hygienic working conditions are brought by the emergence and potential development of platform work in Poland. The author first attempts to clarify the phenomenon of platform work, and then on the basis of available research describes the development of platform work in Poland and characterizes the areas of challenges to ensure occupational health and safety in this form of employment.
- On the lack of competence of the Redemption Center of the Social Insurance Institution to issue decisions (23-28)
Article 28 (1) 1 of the Act of 13 October 1998 on the social insurance system allows the Social Insurance Institution to write off contributions due. The payer's application is resolved in the form of a decision. For some time, the issue of amortization of contributions due to contributions has been "centralized" by ZUS (Social Insurance Institution). From a theoretical and practical point of view, it is important whether the decision issuer is the Redemption Center (head of the Redemption Center) or the Social Insurance Institution operating through the President of the Institution or employees of the Institution acting on the authority of the President of ZUS.
- Maternity allowance for doctoral students receiving doctoral scholarships (29-36)
The author analyzes the possibility of combining a doctoral scholarship with maternity allowance if a child is born or a child is brought up during education at doctoral school. The legislator, by allowing doctoral students to voluntarily take part in sickness insurance, has also granted them the right to benefits from this insurance, but in practice it can be completely illusory. Doctoral students were granted the right to a doctoral scholarship, which is obligatory. Although if a child is born or a child is brought up, a doctoral student may suspend education, but the scholarship payment will continue during the suspension. If this scholarship is qualified as a salary received under scientific and legal employment, the provisions of the Benefit Act would exclude the possibility of obtaining maternity benefit. Joining sickness insurance would be pointless in this situation. Failure to recognize a scholarship for a sui generis type of remuneration would allow for the simultaneous receipt of maternity allowance and scholarship, which would be incompatible with the purpose and function of maternity allowance, remaining incompatible with the system assumptions of the Polish social security system.
- Social security for creators and artists - current status and proposed changes - comments on the background of the draft act on the status of a professional artist (37-42)
The author describes the applicable regulations regarding the social insurance of creators and artists, she also assesses the direction of changes proposed in the draft act on the status of professional artist. As a rule, the solutions in the field of social security for creators and artists require swift intervention by the legislator. At the same time, the proposals for solutions contained in the project are not consistent with the assumptions of the current social security system, which may negatively affect the entire system in this form, leading to its greater disintegration. However, the proposed solutions can be improved with the participation of specialists in social security.
- Suspension of the Supreme Court Disciplinary Board (43-45)
By order of 8 April 2020 issued in the case European Commission v Republic of Poland, C-791/19 R, the Grand Chamber of the Court of Justice of the European Union suspended the application of the Act on the Supreme Court constituting the basis for the jurisdiction of the Disciplinary Chamber in disciplinary matters of judges and decided to refrain from referring cases pending before this Chamber to examining a composition that does not meet the requirements of independence under European Union law.
- Basis for employing a paramedic (46-49)
The author presents the judgment of the Supreme Court regarding the grounds for employment of paramedics, according to which the essence of this work requires that its performance be carried out under an employment relationship.
- Medical examination of employees (50)
- Review of Journal of Laws from 2020 from item 598 to item 999 (51-56)
- Book review: Precarious work. The Challenge for Labor Law in Europe (57-58)
- Regulations of the competition for the best Master's thesis or doctoral dissertation (58-64)
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