Praca i Zabezpieczenie Społeczne (Work and Social Security) 2019/02

  •  Articles
    • Employment of foreigners from third countries from the perspective of national law and realities of the labor market - a panorama of the phenomenon
      In recent years, the scale of employment of foreigners from third countries, ie those who are not citizens of the European Union Member States, member states of the European Free Trade Association (EFTA) - parties to the agreement on the European Economic Area or the Swiss Confederation, is increasing in Poland. Forecasts clearly confirm that this trend will increase. This shows the need of the Polish economy to use external resources of employees. The process of employing foreigners from third countries is related to three levels: obtaining appropriate permits, working conditions and including them in the resources of economically active people. The existing legal regulations in this area are difficult to regard as systemic and internally consistent, which in consequence may cause a slowdown in economic development. The aim of the article is to signal the most important problems related to the employment of third-country nationals, resulting both from legal realities and the actual situation on the labor market, thus constituting a contribution to further, how necessary, discussion of these issues.
    • Model of collective labor agreements in the Polish law system
      Amendment of the Trade Unions Act of 5 July 2018 in art. 21 par. 3 created the statutory basis for the social partners' conclusion of "collective agreements" ("non-employee") collective agreements. Thus, a significant gap in the system of collective legislation has been eliminated. In model terms, it is possible to conclude three basic categories of collective labor agreements in the system of Polish labor law (labor law (Article 239 of the Labor Code), in addition to the workers ("non-employees", Article 21 paragraph 3 of the Trade Unions Act) ), heterogeneous (hybrid).
  • Studies and studies
    • The status of an "independent" service provider and the three-party model of providing services in gig economy - part 1
      Work through applications and Internet platforms reformulated the paradigm of the functioning of the labor market and changed the typical cycle of the model of professional life. A constant turn towards the so-called non-standard forms of employment, which on the one hand are an expression of development, and on the other hand lead to the promotion of unstable employee relations that do not correspond to a typical employment relationship. With the increase in the number of people who work, but are not typical employees, there is a need to find new sources of necessary employment protection measures. Questions are posed about the method of translating classical labor law institutions into the dynamically developing gig economy sector - and, consequently, questions about the future of labor law. The first part of the article is devoted to a detailed discussion of the issues related to employment in the economy sector "on demand". The second part will present a comprehensive analysis of the most important court disputes regarding employment in gig economy.
  • Interpretation and practice
    • Task time work
      Modern requirements of technology, technology and work organization, dictated by the autonomy of an increasing number of types of work, change the demand for flexible work time systems. One of the essential elements in this context is the task-based system, in which the "host" of daily and weekly working time is to a greater extent an employee than the employer. In the task-oriented working time, the employee is more subordinate to the tasks assigned to him than directly to the instructions of the work management. The author discusses this increasingly popular system of working time, with particular emphasis on judicial decisions in this area.
    • Expiry of labor relations by virtue of law in public administration
      Beginning in 1990, more and more frequent use has been observed in the reform of individual public institutions in the form of statutory introduction of the termination of employment relations for all employees who will not be offered new employment after reforming the institution. The author indicates that this is a legislative practice inconsistent with the meaning of the term "termination of employment" set in the labor law, causing blurring of the difference between him and the term "termination of employment". In addition, it allows the employer to select employees at their discretion, and employees are deprived of protection against unreasonable deprivation of their employment. In recent times, there have been judgments of common courts questioning the admissibility of discretionary eligibility of employees pointed to dismissal, and thus creating hope for the legislator's resignation from the wholesale termination of labor relations.
    • Teachers' work during oversize hours
      The author discusses issues related to the work of teachers in extra-dimensional hours, with particular emphasis on the issue of remuneration for work in oversize hours that have not been effectively worked.
  • From the case law of the Court of Justice of the European Union
    • Different treatment of an employee employed by a public employer on a permanent basis and an employee temporarily employed in the scope of the consequences of an unlawful dismissal
      On 25 July 2018 the EU Court of Justice delivered judgment in case C-96/17, Gardenia Vernaza Ayovi v Consorci Sanitari de Terrassa, in which it assessed the regulation providing for a different treatment of an employee of a public permanent employee and an employee working in a timely manner for consequences of unlawful dismissal.
  • From the Supreme Court's case law
    • Incompatibility of art. 2 para. 2 of the Act on the Protection of Employee Claims in the Event of Insolvency of an Employer with Directive 2008/94 / EC
      The author presents the judgment of the Supreme Court, in which it was unambiguously determined that the subjective scope of the Polish regulation of the protection of employee claims in the event of employer's insolvency is incompatible with Directive 2008/94 / EC.
    • Freedom of artistic creativity and the qualification of contracts concluded with artist-performers on the basis of regulations governing the subject to compulsory social security
      The author critically analyzes the verdict of the Supreme Court issued in case III of the UK 53/16, which refers to the qualifications of contracts concluded with artist-performers under the provisions on compulsory social insurance. In contrast to the previous critical voices to this judgment, in this case the analysis is conducted from a constitutional plane and from the perspective of international instruments regarding the protection of the freedom of artistic creation. In the author's opinion, the position of the Supreme Court is incorrect and leads to conclusions that can not be reconciled with the constitutional and international guarantees of artistic freedom (expression).
  • According to the National Labor Inspectorate
    • Employee documentation after the new one
  • New recipes
  • Review of Officials Act from 2018 from pos. 2241 to item 2548 and from 2019 from pos. 1 to item 197

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