- Category: Praca i Zabezpieczenie Społeczne
- Hits: 243
- The institution of oath in employee and non-employee service relationship (3-9)
The article concerns the legal institution of taking the oath by persons entering into employee and non- employee service relationships. This institution has a long tradition and its source is the duty of faithfulness. The oath is an act of conventional character performative , which for its effectiveness must meet certain requirements regarding the form and content. Although the acts of oath fulfill a functionally similar role, individual provisions unreasonably differently define the moment when the obligation to take the oath arises and the consequences of its violation (e.g. invalidity of a legal act, dismissal from service, termination of employment). These regulations have an impact on the procedural status of employees and officials of state services related to the pursuit of possible claims.
- Suspension or reduction of contributions to PPE (10-14)
Occupational Pension Schemes (PPE), under the third pillar of social security, are a voluntary form of group saving for retirement. The author's considerations concern issues related to institutions that are to encourage employers to create PPE. The possibility of unilaterally suspending basic contributions, reducing their amount and not financing obligatory contributions during the period of economic downtime or shorter working time was analyzed . With regard to the former, the article focuses in particular on the consequences of suspending basic contributions for a single period of more than 90 days or reducing them to an amount lower than 3.5% of the PPE participant's remuneration.
- Autonomous definition of an employer in European social security law. Considerations against the background of the judgment of the Court of Justice of the European Union in the AFMB case (15-23)
In the case C-610/18, the Court of Justice of the European Union formulated an autonomous definition of an employee in social security law. It ruled that the employer of employees who are drivers of international transport, obliged to pay contributions for insurance benefits to the national social security institution, is - in the light of the provisions of Regulations 1408/2004 and 833/2004 - an entity or a natural person actually, and not fictitiously, employing employees who are actually available to it for an indefinite period and its subordinates. Such an employer actually bears the relevant salary costs of the employees. He is vested with full powers to control and make decisions on the termination of employment relationships with employees. On the other hand, the fact of concluding an employment contract by an entity or a person who does not meet the above criteria does not have legal consequences on the part of the employer , as it does not result in the establishment of an employment relationship.
- The concept of an employee in the Directive of the European Parliament and of the Council (EU) 2019/1152 on transparent and predictable working conditions in the European Union and the concept of an employee in Polish labor law (24-31)
The aim of the article is not only to define the subjective scope of the new directive on transparent and predictable working conditions in the European Union, but above all to reflect on the concept of an employee functioning in EU legislation. For this purpose, the authors reviewed the occurrence of the concept of an employee on the basis of the key EU legal acts and selected judgments of the Court of Justice of the European Union. On this basis, they identified a number of features that characterize an employee in EU law, and then compared them with the premises of Polish national legislation. They also pointed to the danger of a different understanding of similar premises in EU and national law.