Praca i Zabezpieczenie Społeczne (Work and Social Security) 2021/02

  • Competences of the Social Insurance Institution (ZUS) in the field of verification of running a business and the declared basis for the calculation of contributions in this respect (3-12)
    The subject of the article is the issue of verification by ZUS of running a business as a social insurance and the contribution basis declared by the insured (entrepreneur) for social insurance. There is no controversy in this area as to the legitimacy of questioning economic activity as a social insurance title by pension authorities. However, the author expresses a further-reaching view and, approving the position of the Supreme Court presented in the judgments in cases I UK 208/17, II UK 301/17        II UK 302/17, believes that ZUS is also competent to verify the declared basis for the assessment of contributions on this account. The main purpose of the article is therefore to present a broad argument in favor of defending the above thesis in the confrontation with the older jurisprudence of the Supreme Court and the latest literature in this field, in which such actions by ZUS are considered unacceptable.
  • Social welfare institutions and the COVID-19 pandemic in the light of research on social workers (13-23)
    The article presents the results of sociological research carried out using the computer-assisted interview technique (CAWI) among social workers employed in social welfare institutions in the Wielkopolskie voivodeship - the second largest voivodeship in Poland in terms of area . The aim of the research was to diagnose and describe the main changes in the functioning of social assistance during the pandemic and the social challenges that institutions faced in the face of the intensification of existing or the emergence of new social problems. The article presents the opinions of social workers on organizational changes in the operation of social welfare institutions, as well as respondents' observations on the social consequences of the COVID-19 pandemic in terms of emerging social problems and new categories of social assistance clients. The problem of the impact of the pandemic on the mental well-being of social workers was also discussed , indicating the sources of stress for the respondents and the remedial measures taken in this context.
  • Speaking of contracts of employment for organizational reasons in the Czech and Polish legal environment - Part 2 (24-32)
    The purpose of this article is the comparison and analysis of the Czech and Polish legal regulation of termination of contracts of employment of the reasons for the organizational changes taking place with employers. The subject of the analysis is in particular the extent to which these regulations protect, on the one hand, the employee and the durability of his employment, and, on the other hand, the employer's right to freely conduct business activity by managing the workplace and deciding on the composition of the workforce. In the first part of the article, published in the previous issue, the authors compared selected aspects of the basic legal regulation of termination of employment in both countries and presented the conditions for the application of organizational reasons for termination of employment, focusing mainly on Czech regulations and judicial interpretation. The second part of the article aims to compare Czech solutions with their Polish counterparts, as well as legal tools related to the main topic of employee protection, such as the application of the provisions on collective redundancies and mandatory severance pay, special protection of various groups of employees against dismissal, mandatory consultation with trade unions etc. Against this background, the authors also formulate proposals on the direction in which possible legislative changes should go in the area of the discussed issues.
  • Act of unfair competition related to the disclosure of economic information and subjects of labor law (33-40)
    In art. 17f of the Act of April 16, 1993 on Combating Unfair Competition, an act of unfair competition was stipulated, consisting in providing economic information to an economic information bureau in violation of the Act of April 9, 2010 on disclosing economic information and exchange of economic data or failure to request updating or deletion of information despite the existence of such an obligation pursuant to this Act. The aim of the article is to show that the characterized tort may arise between subjects of labor law.
  • The scope of the employee's informational autonomy regarding the disclosure of information about disability to the employer (41-49)
    The aim of the article is to discuss the issue of providing the employer with personal data regarding disability by employees and an attempt to assess the scope of the employee's freedom of information in this area. The regulations concerning the protection of personal data, labor law and those relating to the legal status of people with disabilities were analyzed.
  • Establishing an employment relationship with a probation officer (50-57)
    The purpose of the article is to discuss the procedure for entering into an employment relationship with a probation officer and the conditions that must be met by a person aspiring to become a probation officer. The author pays special attention to those issues that raise doubts in practice, proposing ways of solving the perceived problems. The article ends with conclusions, which, inter alia, present de lege ferenda postulates.
  • Posting of workers under the freedom to provide services - the CJEU assesses the validity of Directive 2018/957 of 28 June 2018 - part 2 (59-63)
    The aim of the study is to discuss the judgments of the Court of Justice of the EU issued as a result of complaints by Poland and Hungary for annulment of a directive of the European Parliament and of the Council (EU) 2018/957 of 28 June 2018 amending Directive 96/71 / EC concerning the posting of workers in the framework of the provision of services.
  • Challenging the rights of trade unions operating in the workplace by employers (64-66)
    The study discusses the jurisprudence of the Supreme Court on the possibility for the employer to question the rights of trade unions operating at his premises.
  • Termination of the employment contract (67)

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