Praca i Zabezpieczenie Społeczne (Work and Social Security) 2022/03

  • Legal and social support of the Polish state for Ukrainian citizens in the face of an armed conflict
    On February 24, 2022, the Russian Federation attacked the territory of Ukraine militarily. As a result of the hostilities, the citizens of Ukraine were forced to leave their homes and their country of origin, and entered the territory of the Republic of Poland, seeking shelter in a situation of war. Poland has taken appropriate measures to admit Ukrainian citizens, mainly women with children, the elderly, and people with disabilities. The entry into our country of a significant number of refugees, unprecedented in Poland so far, makes it necessary to prepare legal solutions addressed to Ukrainian citizens, in addition to the already existing legal acts in the area of migration and asylum. The article discusses the law on assistance to Ukrainian citizens in connection with an armed conflict in the territory of that country, which was adopted in Poland in a very short time (March 12, 2022) in the face of this situation in order to legalize the stay of Ukrainian citizens on the territory of the Republic of Poland and ensure efficient implementation statutory assistance into force.
  • Employees' knowledge of labor law and its importance for making a decision on consenting to actions provided for by law and the employer's consent
    By granting the consent of the employer in situations specified in the provisions of law, the employee authorizes him to take a specific action, e.g. a pregnant employee authorizes the employer to delegate her outside the permanent place work (Art. 178 of the Labor Code). Although many provisions in the Labor Code and other acts use this term, the concept of consent has not been defined by the Polish legislator. The provisions of EU law regulating the granting of consent indicate the necessary features of this activity (behavior). They are: voluntary, specific, conscious and unambiguous demonstration of will, which the person confirms in the form of a declaration or a clear action. Thus, only the consent given by the employee under the above conditions can be considered as an expression of his will. The empirical research described in the article shows that, contrary to their belief, employees do not have knowledge about labor law, in particular about the legal circumstances related to granting consent to specific actions of the employer. In the opinion of the authors of this article, knowledge on this subject is necessary for informed consent by an employee. Therefore, the necessary information should be provided to the employee by the employer. In most cases, the law does not directly require the employer to inform the employee about the circumstances related to granting consent, but such an obligation should be derived from the obligation to cooperate in the performance of the obligation. It seems that taking into account the fact that employees do not have a decidedly negative opinion about the observance of labor law by employers, there is a chance that the performance of such duties by employers will positively affect building relationships based on trust between the parties, which brings significant benefits. both sides.
  • About the authority of the employer (workplace) and the contribution payer on the basis of the article by J. Unterschutz PT. The employer's criminal liability for prohibited acts in the field of social insurance
    The main thesis of the article is the claim that as a result of changes made to the labor code, we blur the boundaries between the concept of an employer and the concept of its authority in scientific discussions. As a result, the language of science becomes imprecise, and the lack of precision limits the development of science.
  • Remote work in Poland. Legal and social perspective (opportunities and threats)
    The outbreak of the COVID-19 pandemic has led to an increase in interest in remote work. In Poland, the legislator even decided to regulate it by law, placing it among the tools used to counteract the pandemic and its consequences. Work has been underway for some time to include remote work in the Polish Labor Code permanently, as a solution that the parties to the employment relationship could use both under normal conditions and in special circumstances, such as an epidemic. However, due to the specific way of organizing work accompanying the remote formula of its performance, in the course of creating a new legal framework for this institution, the social dimension of its functioning in practice should also be taken into account. For this purpose, the article analyzes remote work from the perspective of an employee and an employer, based on research conducted in this area, both in Poland and in other countries.
  • Criticism of the so-called illusory partner
    The article is devoted to a critical analysis of the concept created in the jurisprudence regarding the recognition of a partner of a two-person limited liability company as an "illusory partner" and, consequently, of assigning the other, on the basis of social insurance, the status of "almost sole" partner. Such a qualification means that the "almost sole" partner may not be employed in this company under an employment contract and thus such a person is not subject to social insurance on this account, but should be subject to insurance as a partner of a sole proprietorship (i.e. a person running a non-agricultural activity). The authors present doubts about the concept in question, both on the basis of domestic law and the provisions of the Convention for the Protection of Human Rights and Fundamental Freedoms.
  • On proposals to regulate the right to rest for self-employed persons
    Over the last year, the Senate of the Republic of Poland has prepared two proposals for the amendment of the Act of March 6, 2018 - Entrepreneurs' Law (Senate forms 200 and 200s), assuming the introduction of the so-called a holiday allowance due to the exercise of the right to rest by self-employed persons. The aim of the article is to present the proposed solutions and try to evaluate them from the point of view of enabling the implementation of this law in practice. The legislative process on the amendment of the act has not been completed yet, which is influenced not only by the pandemic situation, but also by numerous doubts that arose around the proposed solutions, which resulted in the introduction of significant modifications to the originally adopted amendment proposal before its draft was submitted to the Sejm of the Republic of Poland. Regardless of the further fate of the project, it is worth considering whether the proposed solutions are going in the right direction and whether, as a consequence, they can be used in constructing a model of legal protection for self-employed persons. In the considerations, particular attention was paid to self-employed persons performing work in conditions of strong economic dependence on one or a small number of contractors.
  • Collective labor agreement - suspension and termination - the latest jurisprudence
    The author presents the latest jurisprudence of the Supreme Court regarding the suspension and termination of a collective labor agreement. It indicates the principles on which these events affect the situation of people who are not employees, but were covered by the provisions of the collective labor agreement (e.g. retirees and pensioners).

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