Praca i Zabezpieczenie Społeczne (Work and Social Security) 2019/05

•  Article
  • Unforced sexual service in return for an advantage at work. Legal aspects
    Casus of unforced sex for the benefit at work proves that protection against discrimination is not subject, in principle, to the biggest losers of this situation, i.e. persons who due to the occurrence of sex lost the opportunity to gain benefits. According to the author, the change of this situation would serve, among others taking over from the anti-discrimination law a change in the command rule and acknowledging that the employer would have to prove that he did not violate the principles of social coexistence, if it would be probable that there was sex for the benefit at work.
  • Why should the labor market be regulated? Interdisciplinary approach
    The article is devoted to the issues of regulating the labor market in an interdisciplinary approach. At the beginning, the author presents a brief description of the essence of the economic analysis of law as a research perspective, which can be successfully applied to the analysis of labor market problems. The main element of the article is a fragment that reflects on the institutional premises for regulating the labor market. The analysis also includes an attempt to formulate guidelines for creating optimal labor market regulations. Conclusions, apart from scientific aspects, have practical value also for the participants of the labor market, in particular for the legislator.
• Studies and studies
  • Legal regulation and practice of assessing the absence of contraindications to work - Czech-Polish comparison and inspiration
    The authors compare Polish and Czech legal regulations concerning preventive examinations of employees, the aim of which is to determine the existence or absence of medical contraindications to work by an employee. They present solutions in force in both countries, paying attention to issues such as entities authorized to adjudicate on the absence of health contraindications to perform work, types of preventive examinations and situations in which they must be carried out, the legal nature of the medical certificate and its content. They also attempt to evaluate the existing regulations, pointing to practical problems and the advantages and disadvantages of individual solutions applicable in both countries. Against this background, they formulate proposals on the direction of legislative changes in the field of the discussed issues.
  • Employees and their motivations and challenges in managing human resources
    Employees look for the best jobs and employers of the best employees - this is an obvious truism. The current situation on the labor market means that employers must not only look for effective recruitment of employees, but also to maintain profitable cooperation with those already employed. Employees expect more and the old additional profits become the standard. Job advertisements are encouraged by incentive packages, yet there are no hands to work. The authors present the current situation on the labor market in Poland and the challenges it poses for human resource management.
• Interpretation and practice
  • Representativeness of trade union organizations after the amendment of the Trade Unions Act - new quality or missed opportunity?
    The aim of the article is to deepen the analysis of the new representativeness of company trade union organizations after the amendment of the Trade Unions Act and attempt to answer the question whether the introduced changes constitute a significantly new quality in the collective labor law or whether the current status quo has been preserved.
  • The limit of the annual basis for assessing contributions to old-age and disability insurance - on the margin of the judgment of the Constitutional Tribunal reference number K 1/1/18
    The purpose of the article is to show the advantages and disadvantages of closing the limit of the annual basis for assessing contributions to pension and disability insurance. The Act of December 15, 2018 amended art. 19 par. 1 of the Act of October 13, 1998 on the social insurance system. The main objective of the amendment was to reduce the deficit in the Social Insurance Fund. The Act introduced higher burdens for retirement and disability pension insurance for the best-earning employees. The adopted provisions would force optimization activities on the side of contribution payers. In conclusion, the author criticizes the assumptions of the amendment to the Act.
• From the case law of the Court of Justice of the European Union
  • National regulations that grant some employees a non-working day on Good Friday and direct discrimination on the grounds of religion
    The Court of Justice of the EU issued a judgment in Case C-193/17, Cresco Investigation GmbH against Markus Achatzi on 22 January 2019, according to which the granting of a free day from work only to employees who are members of some Christian Churches is directly discriminatory on religion. This is another ruling recently in which the Court dealt with the problem of different treatment on the grounds of religion.
• From the Supreme Court's case law
  • Restitution action during the employment relationship and the protection of women's work - the latest case law
    The author discusses the latest judicature of the Supreme Court, in which the Court broke the unconditionality of the thesis that in the case of the employment relationship the restitution claim can not be included, indicating that the basis for this may be art. 10 point 3 of Directive 92/85 / EEC.
• According to the National Labor Inspectorate
  • Compensation for shortening the period of notice
• New recipes
  • Review of Officials Set from 2019 from item 593 to item 763

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