Praca i Zabezpieczenie Społeczne (Work and Social Security) 2021/08
Category: Praca i Zabezpieczenie Społeczne
Published: Tuesday, 14 September 2021 07:14
Written by Editor
- Professionalization of the profession of a social worker in Poland
A social worker is a key provider of support for people and families in difficult life situations in the Polish social welfare system . The aim of the article is to analyze the process of professionalization of the profession of social worker in the legal aspect and in practice. The article presents an analysis of legal changes regarding the requirements related to the qualifications of a social worker, an analysis of changes in the education system of social workers and the results of empirical research on the qualifications of social workers. It has been shown that the progressive increase in the requirements for entitlement to work in the profession of a social worker translates into the qualifications of social assistance services.
- Strike as an "extraordinary circumstance" excluding the liability of the air carrier towards passengers under Regulation EC No. 261/2004
Regulation EC No. 261/2004 excludes the liability of the air carrier from the obligation to pay compensation to passengers for canceled flights in the event of "extraordinary circumstances" that could not be avoid despite taking all reasonable measures. Although that regulation does not expressly define the concept of 'extraordinary circumstances', the EU legislature indicated that it may occur in the event of events such as those mentioned in recital 14 of that regulation. That recital mentions, inter alia, "strikes affecting the carrier's operations". However, the Court of Justice of the European Union (CJEU) takes the position that a strike by air carrier personnel is not, in principle, an extraordinary circumstance, except where the implementation of employees' requests goes beyond its competence and requires legislative action. The article presents the rulings of the CJEU and arguments supporting the thesis that the reasoning adopted by the Court leads to a violation of the freedom to conduct a business (established in Article 16 of the EU Charter of Fundamental Rights) and the employer's right to negotiate (guaranteed in Article 28 of the EU Charter of Fundamental Rights).
- The concept of an accident at work of a deputy and senator
The article deals with the problem of the concept of an accident at work of a deputy and senator in the light of the applicable provisions in the field of social insurance and the act on the performance of the mandate of a deputy and senator. The author presents this issue in a broader context, including the analysis of the definition of an accident at work. It discusses in detail the differences between an employee and non-employee accident at work. A significant part of the article is devoted to the scope of activities covered by the concept of an accident of a deputy and senator.
- Reflections on the repressive function of the compensation liability of the parties to the employment relationship - a systemic and comparative analysis
The author questions the justification of liability for damages by means of the repressive function. He points out that over the years, both in the systemic and comparative aspect, "punishing" the perpetrators of damage has been replaced by the mechanism of compensation of damage. This conclusion is visible in a change in the perception of basic concepts of liability for damages, such as "guilt" or "pecuniary compensation".
- Knowledge management in contemporary management models
Knowledge is a key factor in building a company's competitive advantage in the modern world. This article shows how important in practice. Dynamically changing business environment forces entrepreneurs to use new, agile management methods. Comparing modern management models in terms of knowledge management, the author indicates how important it is now. The need to develop new competences becomes a challenge for specialists, HR employees and managers. The scope of the article focuses on the main ideas of modern management and requires further in-depth research. In order to be competitive in the new reality, enterprises and companies must apply new methods of managing people and knowledge. The analysis of the main contemporary models of organization management in terms of knowledge management allows us to find an answer to the question of how to become more competitive.
- Remuneration for the period of unemployment
The author presents selected, the most important findings of the Supreme Court's jurisprudence relating to the claim for remuneration for the period of being out of work due to the employee's reinstatement (Art. 47 and 57 of the Labor Code). It focuses not only on substantive issues, but also on procedural issues.
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