Praca i Zabezpieczenie Społeczne (Work and Social Security) 2021/12

  • The cyborgization of the working man. Will the Dignity of Human Work Survive? On the centenary of the birth of Stanisław Lem (3-11)
    The article refers to the phenomenon of cyborgization of the human person and its potential impact on the situation of the world of work. It was inspired by the 100th birthday of Stanisław Lem, an outstanding Polish author of science fiction literature, but also a visionary of the future. First, brief comments on the definition of cyborgization and its development in various aspects are presented . Then, the authors attempt to signal those issues on the interface between cyborgization and the world of work that will require analysis in the context of labor law, such as: the employee's right to neurological improvements (and also to refuse to apply them) and the ownership of these improvements in employer-employee relationship. Questions are raised whether the work of a cyborg will not be treated as a commodity and whether the current paradigm of the capitalist economy will force a spontaneous attempt to cyborg the working man. Finally, the question of the impact of the COVID-19 pandemic on the acceleration of cyborgization processes is raised. The article contains references to the creativity of science fiction dealing with significant problems resulting from the potential artificial "improvement" of the human person.
  • Discrimination on the basis of the exercise of certain parental rights. A new task for the legislator in the light of Directive 2019/1158 (12-16)
    The article concerns the problems of implementing Directive 2019/1158 on work-life balance for parents and carers, the provisions of which will have to be reflected in Polish law as early as August 2022 work. It is not only about the obligatory extension of some leaves for the other parent, but also about introducing a new discriminatory basis and reformulating the existing provisions on parental rights. It is also worth noting that Directive 1158/19 extends the sphere of care for dependent or temporarily dependent persons other than children.
  • Employee "Right of Appeal" as a meta-entitlement of substantive labor law: a proposal for a new conceptualization of an old interpretation issue (17-24)
    The author presents, in the context of considerations on the relationship and distinction between material labor law and procedural labor law, a proposal that is different than previously in Polish literature and Polish jurisprudence approach to the legal nature of the employee's right to appeal against employment activities aimed at terminating the employment relationship. According to the author, this employee right of dismissal should be perceived not as a legal phenomenon from the sphere of procedural labor law, but as a legal phenomenon from the sphere of material labor law, having the nature of a specific meta-right (meta-right). This categorization is relevant not only for "law in books" but also for "law in action", giving the employee greater legal protection.
  • Employment of management board members and the processes of mergers of capital companies (25-30)
    Employee employment of management board members of capital companies is an element of the established practice of legal and economic transactions. Linked to this, however, a number of practical concerns that undermine the efficiency of using such a formula employment. They also include - presented in this article - the consequences of a merger of commercial law companies.
  • Legal aspects of the retirement pension - part II - The amount of the benefit and its consequences (31-41)
    The subject of the considerations presented in the article are the so-far proposals for the retirement pensions. The author assesses the solutions adopted in them regarding the type of proposed benefits and the conditions for acquisition from the perspective of consistency with the pension system. The first part of the article, published in the previous issue, was devoted to the issue of acquiring a new entitlement. In the second part, the author analyzes the impact of the earlier use of the benefit on its amount, and also determines the moment when the benefits of postponing the retirement will exceed the financial benefits of retirement. He compares these findings with a life expectancy prognosis. Then, he discusses the impact of factors that counteract the effects of early retirement pension determination in the defined contribution formula, i.e. the minimum retirement pension, and the possibility of multiple retirement. The last topic concerns combining the internship pension with work. In the summary, the author proposes a departure from the concept of the internship pension as inconsistent with the Polish pension system in its present shape. According to the author, for people exhausted by many years of work, a better solution will be the pre-retirement benefit, also characterized in the summary.
  • Loss of the right to sickness benefit in the light of the pro-constitutional interpretation of the Act on cash benefits from social insurance in the event of sickness and maternity (42-45)
    The author presents the latest jurisprudence of the Supreme Court relating to the premises for the loss of the right to sickness benefit. It points out that the Supreme Court, seeing the need for a pro-constitutional interpretation of Art. 17 sec. 1 and art. 13 sec. 1 of the Benefit Act, significantly liberalizes the position adopted so far.

Praca i Zabezpieczenie Społeczne (Work and Social Security) - the whole list