Praca i Zabezpieczenie Społeczne (Work and Social Security) 2021/07
- Category: Praca i Zabezpieczenie Społeczne
- Published: Sunday, 08 August 2021 06:51
- Written by Editor
- Hits: 1926
- The law to provide care and directions of development of legal regulation of financial benefits associated with the need for long-term assistance, care and nursing (3-11)
Article seeks to ascertain the essence of the right to benefit from the care point of view of the benefits associated with the need for long-term aid, health and care, and the taking into account the categories of social risk. The main thesis of the article boils down to the statement that the nursing benefit is associated with the risk of inability to perform work due to the need to care for a dependent person. Formally, therefore, we are dealing with protection against the risk that affects a family member of a dependent person, and not himself (the risk of dependency).
- The British Supreme Court judgment in the case of Uber BV v ASLAM and others (12-18)
The author discusses the British Supreme Court judgment of February 19, 2021 in the most discussed misclassification platform case in recent years . A detailed discussion of the judgment seems important primarily for two reasons. First of all, it is a kind of culmination of a certain platform saga. Secondly, the ruling provides technical guidance for any labor court (regardless of jurisdiction) that will be faced with the task of adjudicating on the existence of an employment relationship between the platform and the performer of the platform work (service).
- Criminal law protection in collective labor law - based on the example of protection of association in trade unions (19-25)
The author discusses issues related to the criminal law protection of the possibility of association in trade unions regulated in the Act on Trade Unions. It draws attention to the significant importance of the freedom to form a trade union and the right to join it, indicates behaviors that violate sanctioned norms protecting these values, and analyzes other elements of the structure of the crime that condition criminal liability for the violation of these rights. Against this background, it assesses the existence and scope of this protection, taking into account the importance of the above-mentioned values for the protection of workers' rights, and formulates de lege ferenda conclusions.
- Implementation of the judgment of the Constitutional Tribunal on the old-age pension of people born in 1953 (26-32)
The subject of the article is an analysis of the legal situation of people born in 1953 (especially women) who took advantage of the possibility of early retirement (after submitting the application before 2013) through the prism of the judgment of the Tribunal Of the Constitution of March 6, 2019 (file reference number P 20/16). The controversy resolved by the Constitutional Tribunal concerned the legitimacy of reducing the new old-age pension after the end of the statutory retirement age by the de facto early retirement benefits already received. This judgment changed, in favor of the insured, the method of calculating the new old-age pension after reaching the statutory age. Nevertheless, doubts and discrepancies arose as to the grounds and legitimacy of revoking decisions based on unconstitutional provisions in the field of social insurance. The article discusses possible solutions that could be taken by insured persons born in 1953 until unfavorable retirement decisions were eliminated from legal circulation in accordance with the jurisprudence of the Constitutional Tribunal. The solutions introduced in the pension act, which comply with the judgment of the Tribunal, were also indicated.
- The issue of application of the prohibition on reformatio in pejus before the bodies of medical certification of the Social Insurance (33-42)
The purpose of this article is to present the issues related to the possibility of applying the prohibition on reformatio in pejus (prohibition of worsening the situation of the accused in the trial, the judgment challenged only in his favor) before medical certification bodies in proceedings before the pension authority. This issue is important because it shows the de facto existence of a universally accepted position with some discrepancies that arose as a result of creating an atypical line of jurisprudence by some judicature, which is a kind of novelty . The author discusses the impact of the prohibition on reformationis in peius on the essence of proceedings before the pension authority, as well as introduces the general characteristics of this prohibition in relation to the provisions of the administrative procedure code and pension and disability pension laws.
- The principle of privileging the employee - the latest jurisprudence (43)
The author presents the latest judgment of the Supreme Court, which, so far unspoken in the judicature, presents the relationship between the employment contract and the remuneration regulations in the context of the assessment of the benefits of their provisions.
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