Praca i Zabezpieczenie Społeczne (Work and Social Security) 2021/01
Category: Praca i Zabezpieczenie Społeczne
Published: Wednesday, 17 February 2021 07:56
Written by Editor
- Memories of Professor Bogusław Cudowski (1955-2020) (3-5)
- Employer's social activity in the anti-crisis shield (6-11)
One of the solutions introduced by the anti-crisis shield in order to protect the employer's interest in the conditions of the coronavirus epidemic and the economic crisis caused by it, is the possibility of suspending the obligation to establish and operate the company's social benefits fund and the obligation to pay holiday benefits . This possibility was introduced in art. 15ge of the anti-crisis shield. The aim of the article is to make an in-depth and critical analysis of this regulation. It is a very specific regulation, and some of its aspects raise serious theoretical and practical reservations.
- Termination of employment contracts for organizational reasons in the Czech and Polish legal environment. Part 1 (12-19)
The purpose of this article is the comparison and analysis of the Czech and Polish legal regulation of termination of contracts of employment of the reasons for the organizational changes taking place with employers. The subject of the analysis is in particular the extent to which these regulations protect, on the one hand, the employee and the durability of his employment, and, on the other hand, the employer's right to freely conduct business activity by managing the workplace and deciding on the composition of his workforce. The first part of the article contains a comparison of selected aspects of the basic legal regulation of termination of employment in both countries and the conditions for the application of organizational grounds for termination of employment, focusing mainly on Czech norms and judicial interpretation. The second part, which will be published in the next issue, aims to compare Czech solutions with their Polish counterparts, as well as legal tools related to the main topic of employee protection, such as the application of the provisions on collective redundancies and mandatory severance pay, special protection of various groups of employees against notice, obligatory consultations with trade unions, etc. Against this background, the authors also formulate proposals on the direction in which possible legislative changes should go in the area of the discussed issues.
- Claim of the payer for reimbursement of the part of the premium charged by the insured against a comparative background (20-28)
The aim of the article is to discuss issues related to the payer's claims for reimbursement from the insured of the part of the social and health insurance contribution . Based on the achievements of Polish, German and Austrian judicature and doctrine, the author presents the possibility of the payer constructing claims for the reimbursement of social / health insurance contributions paid from his funds , in part, which should be financed from the insured's funds, in the event of a later finding, that the insured person performing work under a civil law contract was employed on the basis of an employment relationship or that the insured person's self-employment was sham.
- The judicial capacity of organizational units of the national tax administration in cases involving claims of officials (29-37)
The issue of the judicial capacity of organizational units of the National Tax Administration is not regulated uniformly. In strictly civil cases, they do not have legal capacity and, consequently, they do not have the right to court capacity. Therefore, in civil proceedings, they do not appear alone, but only as representatives of the State Treasury. On the other hand, in separate proceedings in matters of labor law and social security, organizational units of the National Revenue Administration are entitled to special judicial capacity pursuant to Art. 460 § 1 of the Code of Civil Procedure The aim of the article is to decide to what extent organizational units of the National Revenue Administration use special judicial capacity. Depends on this, among others answer to the question of who, in the current legal status, should be a defendant in cases brought by officers of the Customs and Tax Service, in particular in court proceedings for awarding cash equivalents for the lack of a business flat.
- The legal nature "of the thirteenth pensions" (30-37)
in the public debate additional annual cash benefit for retirees and pensioners operates under the concept of "Thirteenth retirement." The aim of the article is to assess the legal nature of this benefit and answer the question whether the benefit constitutes the implementation of the constitutional right to social security expressed in Art. 67 of the Constitution. In an attempt to answer this question, the author discusses the provisions of the Act of January 9, 2020 on additional annual cash benefit for old age and disability pensioners, assessing them through the prism of the features characteristic of traditional methods of implementing the idea of social security. The conducted analysis leads to the conclusion that the additional annual cash benefit is an instrument of social provision, to some extent falling within the scope regulated in Art. 67 of the Constitution.
- Posting of workers under the freedom to provide services - the CJEU assesses the validity of Directive 2018/957 of 28 June 2018 - part 1 (45-50)
The aim of the study is to discuss the judgments of the Court of Justice of the EU issued as a result of complaints by Poland and Hungary for annulment of a directive of the European Parliament and of the Council (EU) 2018/957 of 28 June 2018 amending Directive 96/71 / EC concerning the posting of workers in the framework of the provision of services.
- Social insurance for farmers who undertake non-agricultural activities (51-53)
The study discusses the position of the Supreme Court in relation to the interpretation of Art. 5a of the Farmers' Social Insurance Act , taking into account the need to depart from the rigorous linguistic interpretation in favor of an interpretation that takes into account the principle of proportionality, protection of the individual's trust in the state and the law it enacts, and the state's loyalty to citizens.
- Book review edited by Krzysztof Baran - Academic Employment Law. Comment (54-56)
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