Praca i Zabezpieczenie Społeczne (Work and Social Security) 2019/07

  •  Articles
    • The impact of robotization on the labor market and the social insurance sector
      The modern economy is based to a large extent on the use of extensive algorithms that automate the decisions made. There are more and more talks about the use of technologies such as artificial intelligence or machine learning, whose practical application will lead to further increase in the efficiency of manufacturing processes, but also the introduction of new - previously unknown - forms and ways of providing services. The observed processes of the digitization of the economy, using automation on previously unknown scale and IT systems equipped with the ability to make decisions independently, constitute a new argument in more than a century-long discussion on the existence and scale of the technological phenomenon of unemployment. This issue, however, gains a different quality dimension due to the potential associated with new information processing techniques. According to the author, the concept of "world without a job" should be the subject of discussion not only among sociologists or economists, but because of the real and far-reaching implications for the economy and the state also among lawyers.
    • Characteristics of the employment relationship as a legal relationship: "indeed" the legal basis of the commitment? Some remarks in the context of the social doctrine of the Church
      The author attempts to answer the question: does today's legislative approach to the work relationship as a legal relationship in general give a chance to search for any trace of the social doctrine of the Church in it. Although the law in force in Poland no longer claims that it is a job for the "workplace", the workplace is still functioning in the codex legislation. But is not working for him anymore? According to the author, answering the above question in the affirmative - assuming that the workplace is understood as a community of people - one could speak of a certain doctrinal conformity of the normative definition of the relationship of work with the social teaching of the Church.
  • Studies and studies
    • The current state of the rule of law in labor relations
      The article presents the issues of the rule of law in labor relations, including issues related to labor protection as a constitutional duty of the state, and also the activities of the National Labor Inspectorate (PIP) as an institution established to control and enforce labor law regulations. The authors put forward the thesis that PIP can not effectively influence the basic provisions, indicating the reasons for this.
    • "Work legally" - report from the conference organized at the Faculty of Law and Administration of the University of Lodz
      On October 24, 2018, at the Faculty of Law and Administration of the University of Lodz, a scientific conference entitled "Work legally" organized by the National Labor Inspectorate and the Center for Unusual Employment Relations at the University of Lodz. The subject of the meeting were legal instruments for counteracting the phenomenon of illegal employment in Poland, with particular emphasis on the employment of foreigners, and civil law employment relations.
  • Interpretation and practice
    • The president of the city (mayor, mayor) who is fined may be able to perform his function
      For the efficient and honest execution of public tasks, the right selection of employees, especially those who fulfill the most important functions, is extremely important. This selection must take into account both the substantive preparation and the ethical attitude of the candidates. One of its determinants is not criminal record. Unfortunately, the provisions of Polish law show a significant incoherence in this respect, in particular with regard to the functions of the city mayor (commune head, mayor).
    • Employer's right to control the sobriety of employees
      Ensuring safe work is one of the basic duties of the employer. The manifestation of this obligation is a ban on allowing the employee to work under the influence of alcohol, after prior sobriety control. According to the author, the basis for conducting sobriety checks should be derived from the general principle of labor law, requiring the employer to provide employees with safe and hygienic working conditions. The employer's entitlement results from the obligation to protect the highest good for man, which is his life and health beyond dignity.
  • From the case law of the Court of Justice of the European Union
    • Lowering the retirement age of the Supreme Court judges
      The Court of Justice of the EU on June 24, 2019 issued a judgment in Case C-619/18, European Commission against the Republic of Poland, according to which Pol- ska has failed to fulfill its obligations under Art. 19 par. 1, second paragraph of the TEU, by applying provisions introducing a reduction of the retirement age of Supreme Court judges to officiating judges and granting the President of the Republic of Poland a discretionary right to extend the active service of the judges of this court after they have completed a new retirement age.
  • From the Supreme Court's case law
    • Termination of employment during the notice period - scope of claims
      The author presents the latest judicature of the Supreme Court regarding the scope of the employee's claims in the event of a faulty termination of employment during the notice period (Article 60 of the Code). It is in part a summary of the previous jurisprudence regarding the title issues.
  • According to the National Labor Inspectorate
    • Certificate of employment
  • New recipes
    • Review of Officials Act from 2019, item 1024 to item 1188
    • Review of publications
    • Labor law system. Volume VIII. Labor market law

Praca i Zabezpieczenie Społeczne (Work and Social Security) - full list