Praca i Zabezpieczenie Społeczne (Work and Social Security) 2021/04
Category: Praca i Zabezpieczenie Społeczne
Published: Friday, 21 May 2021 07:17
Written by Editor
- For the unification of research on the provision of Art. 210 § 5 of the Labor Code and other exclusive legal regulations (3-13)
"Aporia" is defined as a problem which, despite correct reasoning, is difficult to solve with the current state of knowledge. Does it really have to be characterized by a high degree of aporism (on the basis of contemporary legal culture) in a dilemma arising from Art. 210 § 5 of the Labor Code? This provision excludes the application of the provisions of § 1 and 2 of Art. 210 of the Labor Code , which concern the right of a working person to avoid, inter alia, from the existing threat to life or health at work. He also appears in within the framework of analogous other regulations presented in the article, in which the legislator also performs a similar type of "legal exclusion" (subjective or, rather, subject-object exclusion). According to the author valuable and lasting results can bring made in the article an attempt of scientific, unified, niekazuistycznego treatment of this issue to a common standard in general for each category of workers, and not only to workers, and in respect of not only indicated in art. 210 § 5 of the Labor Code . "Rescue", but also other work serving the protection of specific legal goods, and valued equally highly.
- Employee geolocation and the GDPR regulations (14-17)
Geolocation is an extremely helpful tool used in the practice of many companies. Moreover, there are industries in which it is difficult to imagine running a business without geolocation . However, the use of this technology may raise doubts related to the potential violation of employees' right to privacy. Regulations relating to the protection of personal data, especially the GDPR, introduce certain protection standards in this regard, however, they are perceived by employers as restricting the conduct of business activity. According to the author, it is worth proposing a change in this approach, because such regulations provide a wide range of possibilities to secure the interests of the company, while maintaining the protection of employees' privacy.
- Solidarity allowance as a social security mechanism during the COVID-19 epidemic (18-22)
The article concerns the legal solution in the field of social security, which was introduced in connection with the spread of the COVID-19 epidemic. The solidarity allowance was to support people who lost their jobs as a result of the labor market crisis caused by the epidemic. The author cites legal regulations and indicates the effects of actions on the basis of statistical data on the labor market and the beneficiaries of the solidarity allowance. It also points to interpretation problems and inconsistencies resulting from the applied provisions.
- Contractual restriction of employment opportunities (29-35)
The admissibility of concluding contracts between entrepreneurs to refrain from employing a specific category of employees raises a number of doubts. They are accused of unacceptable interference in the sphere of economic freedom and freedom of work. The author verifies that plea, aiming to show that the autonomous decision of the entrepreneur 's commitment to recruiting employees counterparty is not a per se violation of the freedom of labor from both the employer and the employee side. The author presents freedom of work in a horizontal aspect, as a value that becomes reality in the principles of social coexistence. This thesis is a point of reference when assessing the validity of the agreement restricting the possibility of employment and its impact on the legal situation of the employee.
- Selected aspects of the privacy protection of employees and the form of employment - comments against the background of Polish regulations (36-43)
The article is an attempt to analyze and evaluate selected national regulations on the protection of privacy of employees in the context of European regulations on the protection of personal data. The aim of the article is to find an answer to the question whether, under Polish regulations, there are differences in the level of legal protection of privacy of employees due to the form of employment and what they are. In order to do this, the author defines the semantic scope of the concept of employment in Polish law, and then analyzes specific provisions regarding the protection of privacy in employment adopted by the national legislator on the basis of the authorization contained in Art. 88 GDPR, as well as the sources of legal protection of the privacy of persons employed in civil law.
- The right to a retirement pension due to work in special conditions and the restoration of employee rights (44-47)
The subject of the gloss is the issue of qualifying the period of unemployment due to termination of employment due to political repression. At the will of the legislator, such a period of being unemployed is a contributory period, even though there was no obligation to pay social security contributions during this period . Therefore, this period is included in the "general" period of insurance. On the other hand, in order to obtain the right to benefits in connection with the performance of work in special conditions or of a special nature, it is necessary to establish that the period of insurance should be obtained in these conditions. Analysis of rules led to the conclusion that the right to a pension at an earlier age is associated with determining the actual condition to perform work in special conditions, performed consistently and in full-time work.
- Scope bind the courts of the Member State certificate of proper legislation in the event a fraud is detected - remarks against judgments of the ECJ - Part 1 (48-53)
The author analyzes the jurisprudence of the Court of Justice of the European Union concerning bind the courts of the Member State certificate of legislation right (E101 and A1) in case fraudulent findings. Both in Polish literature and judicature, judgments in this area are assigned different effects. The conviction that the binding force of the abovementioned certificates is weakened seems to be the dominant one . The aim of the article is to critically analyze such an opinion, as well as to formulate conclusions resulting from the emerging jurisprudence.
- Documentary form and the form of declarations of will (knowledge) in the Labor Code (54-55)
The author presents the latest judicature of the Supreme Court on the issue of the form of declarations of will (knowledge) in labor law, in which the Supreme Court referred for the first time directly to the possibility of applying to declarations parties to the employment relationship in the documentary form (Art. 772 of the Civil Code).
- Death check-in (56)
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