Praca i Zabezpieczenie Społeczne (Work and Social Security) 2018/12

•  Article
  • A few comments on the new instruments supporting disabled people
    The subject of this study is to present the new instruments supporting disabled people. Concerning the Act of May, the 9^th 2018 on specific solutions supporting people with severe disabilities it will be analyzed its subjective scope and the introduced forms of support concerning accessibility of the healthcare services financed from public funds. Author describes also the solutions of the Act of October, the 23^rd 2018 on Solidarity Fond of Support of the Disabled People.
  • Processing employee data under art. 6 paragraph 1 point f) GDPR
    Processing personal data in employment relations in Poland will be based primarily on the grounds of the legal obligation laid down in art. 6 paragraph 1 GDPR i.e.: legal obligation, performance of public tasks and even protection of vital interests of a data subject. The above arises from the fact that labour law is highly codified. For this reason, processing personal data by the employer based on the legitimate public interest of the controller or of a third party will be rare. It may be that in the countries where rights and duties in an employment relationship arise primarily from collective agreements the situation is different. The subject of this text is to analyse what art. 6 para. 1 point f) GDPR offers in employee relations in the context of the interest of the employer.
  • Parental leave – socio-economic efficiency
    Parental leaves are generally considered a family-oriented mechanism. What is their true nature? The author analysed the socio-economic outcome of parental leaves, depending on their construcition (length) and the way they are being used (by one or the both of parents). The paper refers to numerous current studies on this topic. It also takes into account international experience.
• Interpretation and practice
  • Death of the employer and succession management of the undertaking
    Since November 25, 2018, new regulations defining the effect of the death of an employer who is an entrepreneur registered in the CEIGD register have been in force. This is regulated by the Act of 5 July 2018 on the succession management of a natural person's undertaking and by amended Article 63² of Labor Code. Employment contracts don’t expire upon the death of the employer, but last for at least a month. Depending on the actions taken by the employer’s heirs and/ or succession board the contracts may expire on later dates, but not later than on the day of expiration of the succession management. Stable employment is ensured only by the transfer of a work establishment (undertaking) to another employer. Due to the expiration of the contract caused by the death of the employer, the employee has the right to compensation in the amount of remuneration for the period of notice.
  • Managerial contracts: instructions referring to the way of performing a contract
    The party ordering management may give instructions to the manager referring to the way of performing the managerial contract (agreement about management). Instructions provided by the party ordering the management services are binding for the manager (administrator) unless the ordering party gives the instructions a facultative nature. The party ordering the managerial services is entitled to giving the manager instructions in the scope of the way of performing a managerial contract made within an activity performed personally by the manager, as well as the one made within the business activity run by the manager. Instructions given to the manager (administrator) by the party ordering the managerial services may be necessary for performing the managerial contract in a way which is appropriate for the ordering party's interests and expectations
• From the case law of the Court of Justice of the European Union
  • The non-recognition of parental leave as a period of actual work for the purpose of determining a worker’s entitlement to paid annual leave
    According to the judgment of the Court of Justice of the EU of 4 October 2018, C-12/17, case Tribunalul Botoşani, Ministerul Justiţiei vs. Maria Dicu, the period of parental leave taken by the worker during the reference period cannot be treated as a period of actual work for the purpose of determining that worker’s entitlement to paid annual leave.
• From the Supreme Court's case law
  • Severance allowance for dismissals for reasons not related to employees - the latest case law
    So far, the Supreme Court has not analyzed in its jurisprudence the right to severance allowance in respect of redundancies made on the basis of the Act of 13 March 2013, in the situation of termination of the employment contract under the parties' agreement. This gap is fulfilled by the judgment of 19 September 2018, I PK 123/17. The study is devoted to a wider discussion of this judicate.
• According to the National Labor Inspectorate
  • Annual leave equivalent
• New recipes
• Review of Officials Act of 2018 from pos. 2032 to item 2240
• ZUS ratios and premiums - as at 1 December 2018.

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