Praca i Zabezpieczenie Społeczne (Work and Social Security) 2020/01

  • About the future of work (3-10)
    The world lacks a coherent and positive narrative that would indicate what's next with work. These remarks should be referred to the latest vision of the "Future of work" by the International Labor Organization. Consequently, the call for the ILO to keep up with contemporary challenges is justified. It is not about this organization advocating the decline of work as the only future scenario, but that in the era when artificial intelligence (more broadly: digitization) is an unfinished project, it would take into account the continuation of work or its end as two future events. This approach does not risk leaving people alone in case they lose their jobs and income permanently.
  • Belgian system of shared responsibility for the payment of salaries - chain of interconnectedness (11-19)
    Due to the increased use of subcontracting and posted workers on the Belgian labor market, there are problems with the correct remuneration for them. The Belgian authorities often face situations in which the indicated categories of employees do not receive the correct remuneration from the employer, who is often the (sub) contractor of the Belgian entrepreneur. Therefore, in 2012 a joint responsibility program was introduced, in which the client or contractor may be held liable for the incorrect payment of remuneration to employees of the (sub) contractor, if this grossly failed to comply with the obligation to pay remuneration to employees. The article discusses the liability scheme from both a practical and theoretical perspective, reviewing its application in the case of a Polish posting company.
  • Report from the conference 'Collective labor law or collective employment law? Protection of collective rights and interests of persons engaged in gainful employment outside the employment relationship "(20-24)
    On October 3, 2019, at the Faculty of Law and Administration of the University of Lodz, the 2nd National Scientific Conference of the "Unusual Employment Relations" series was held. "Collective labor law or collective employment law? Protection of the rights and collective interests of persons engaged in paid employment outside an employment relationship. " The conference was organized by the Center for Unusual Employment Relations operating at the Department of Labor Law of the University of Lodz.
  • The obligation to continue employing an employee restored to work until the final termination of the proceedings after the amendment to Art. 4772 § 2 of the Code of Civil Procedure - selected problems (25-32)
    By the Act of July 4, 2019 amending the Act - Code of Civil Procedure and amending certain acts, which entered into force on November 7, 2019, art. 4772 § 2 of the Code of Civil Procedure This change may affect the situation of an employee who has lodged an appeal with the court against the employer's termination or termination. At the employee's request, the court may impose an unlawful judgment restoring the employee to work by the current employer until the final termination of the proceedings. Due to the fact that the reinstatement to work takes place when the employment relationship has already been dissolved and the employment is to last until the final termination of the proceedings, in practice a number of doubts and problems arise as to how the judgment should be executed by the employer. According to the author, an important question arises, to which the legislator should answer (by amending the discussed provision), or "reinstatement to work", which is stipulated in art. 4772 § 2 of the Code of Civil Procedure, is connected with a claim for reinstatement as a consequence of unlawful or unjustified termination of the employment contract or termination without notice.
  • Equal treatment for men and women in the field of social security (38-40)
    In its judgment of 12 December 2019 in Case C-450/18, WA v Instituto Nacional de la Seguridad Social (INSS), the EU Court of Justice dealt with the issue of equal treatment for men and women in the field of social security. According to the Court, EU law precludes national regulation which, due to the demographic contribution of women to the social security system, creates a right to a disability pension in the case of women with at least two biological or adopted children and receiving a contributory pension for permanent incapacity for work under the national system social security, while men in the same situation are not entitled to such an allowance.
  • Social security for third-country nationals' employees who are not members of the European Union (41-42)
    The author refers to the latest decision of the Supreme Court (judgment in case I UK 194/128), in which the Court emphasized the legitimacy of the position, according to which the subject of social insurance due to employment in Poland of citizens of non-EU countries is not determined by the nature of the document entitling to stay in Poland, but the fact of permanent residence on the territory of the Republic of Poland.
  • Review of Journal of Laws for 2019 from item 2338 to item 2566 (47-49)
  • Pre-trial stage of determining the number of members of a trade union organization (33-37)
    The subject of the vote is the decision of the Supreme Court, in which the Court examined the legal nature of the agreement on the distribution of installments due to contributions, concluded between ZUS and the contribution payer. The court considered that this is a civil law contract, which enables the application of civil law provisions to assess its proper performance. The voice presents arguments against this position. The normative basis for the activities of the administrative body was analyzed, depending on whether they concern public law activities (empire) or performing civil law activities. The model of administrative competence was discussed, which means the authority and obligation of the body to operate in the public law sphere, and the pattern of general competence underlying the principle of freedom of contractual obligations of civil law entities.
  • Gloss to the judgment of the Supreme Court of 13 June 2019, III UK 178/18, regarding the normative nature of the agreement on the distribution of installments of social security contributions (43-46)
    The subject of the vote is the decision of the Supreme Court, in which the Court examined the legal nature of the agreement on the distribution of installments due to contributions, concluded between ZUS and the contribution payer. The court considered that this is a civil law contract, which enables the application of civil law provisions to assess its proper performance. The voice presents arguments against this position. The normative basis for the activities of the administrative body was analyzed, depending on whether they concern public law activities (empire) or performing civil law activities. The model of administrative competence was discussed, which means the authority and obligation of the body to operate in the public law sphere, and the pattern of general competence underlying the principle of freedom of contractual obligations of civil law entities.
  • Review of Piotr Grzebyk's book From the rule of strength to the rule of law. Polish model of the right to strike against the background of EU and international labor law standards (50-52)

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