Praca i Zabezpieczenie Społeczne (Work and Social Security) 2022/01

  • Health insurance for people engaged in non-agricultural activities and cooperating persons - rules for the application and determination of the basis for the amount of contributions (3-11)
    From January 1, 2022, numerous changes to the Polish tax and insurance law came into force. Their implementation is part of the government program "Polish Deal", the aim of which is to rebuild the economy after the COVID-19 pandemic. In insurance, the biggest changes concern the rules of determining the health insurance premium. The the rules for determining the basis for assessing this contribution depending on the form of income / revenue taxation. The article describes the currently applicable rules for being subject to health insurance and for determining the basis of the contribution rate for this insurance in relation to persons engaged in non-agricultural activities and cooperating persons. Rules were presented for both people for whom this activity is the only source of income, as well as cases of the so-called fugitive insurance titles. The text refers to the legal status as of January 1, 2022.
  • Lower retirement age for women: a privilege or discrimination? International and constitutional legal perspective (12-22)
    The authors raise the problem of a lower retirement age for women and ask whether it is a manifestation of compensatory preference or discrimination. They consider the actions of the Polish legislator in the context of the constitutional provisions and jurisprudence of the Constitutional Tribunal as well as the standards of international human rights law (primarily the practices of international human rights protection bodies, including CEDAW and the ECtHR). The aim of the article is to enrich the existing research on the title issue in terms of the doctrine of labor law and social security with an international and constitutional legal perspective. The authors conclude that the differentiation of the retirement age is an example of legally sanctioned direct discrimination based on sex, because different treatment of women is currently not rationally justified and is disproportionate, which makes them discriminatory.
  • The impact of the provisions on remote work during the COVID-19 pandemic on the work-life balance in Poland (23-30)
    In order to prevent the spread of COVID-19, the Polish legislator by the Act of March 2, 2020 on special solutions related to the prevention, In the fight against COVID-19, other infectious diseases and the crisis situations caused by them and certain other acts, it allowed employers to instruct an employee to work remotely without the need to obtain the employee's prior consent. For the first time in Polish legislation, remote work has been defined in a legal act, but some practical issues regarding the conditions for its performance have not been specified by the legislator, giving employers a lot of autonomy in their interpretation. At the same time, other measures were taken to counter the pandemic, including the closure of schools and kindergartens, which in turn forced employees to provide personal care for children. Combining work-from-home responsibilities with caring has put much greater pressure on working women, as shown by statistical surveys, and has also increased the level of unpaid work by women. The article aims to analyze how the reaction of the Polish legislator influenced the gender inequalities related to work-life balance, with particular emphasis on the provisions on remote work and its implications for women. The analysis of statistical data and ILO reports against the background of Polish anti-crisis regulations leads to several critical remarks on the impact of these regulations on further gender discrimination. As a summary of these considerations, the author indicates the directions of development of legal regulations, pointing to the growing gender inequalities, which should be taken into account in the post- pandemic world of work.
  • Timely employment in the civil service in the light of constitutional standards (31-40)
    The constitution determines the special importance of the civil service for the functioning of the state. More precisely, the legislator defined the goals and tasks of the civil service corps based on the correct assumption that the quality of functioning of any organization (including the state) is largely determined by its cadres. Undoubtedly, one of the elements influencing their quality are the broadly understood terms of employment, which on the one hand may make it attractive to take up a given job, and on the other hand, enable employing and keeping the best people at work. The article focuses on one of the elements of shaping the terms of employment in the civil service, i.e. term employment, and the aim is to analyze whether the current statutory provisions effectively implement the assumptions of the constitution.
  • Fixed-term employment contract in the civil service (41-51)
    The aim of the article is to analyze the role of a fixed-term employment contract in the civil service. Due to the lack of understanding of the role of this contract, an employment relationship with civil service employees is often concluded on a basis other than that provided for by law, i.e. concluding a fixed-term employment contract in a situation where an employment contract for an indefinite period should be concluded. The author's analysis of the provisions of the Act of 21 November 2008 on the civil service regarding the conclusion of an employment contract and an axiological analysis of employment in the civil service, in particular in the context of Art. 153 paragraph. 1 of the Polish Constitution, arranges the existing state of affairs by delimiting the situation in which a fixed-term employment contract may be used as the basis for establishing an employment relationship in the civil service. According to the author, the conclusion of employment contracts in the civil service is subject to competence rules, the breach of which makes it possible to file an action for establishing the existence of an employment relationship by a civil service employee.
  • Consequences of failure of the insured receiving sickness benefit for a medical check-up of the certified doctor of the Social Insurance Institution (ZUS) (52-55)
    The author presents the position of the Supreme Court regarding the significant, from the point of view of practice, problem related to the determination of the normative effects of the "expiry of the medical certificate" in connection with the fact that the insured prevented the insured from carrying out the ZUS certifying physician's examination of the correctness of the certificate of incapacity for work due to illness, and thus, with the judicature of the court in the appeal against the ZUS decision issued in this connection on the lack of the right to sickness benefit.

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