Praca i Zabezpieczenie Społeczne (Work and Social Security) 2022/10
- Category: Praca i Zabezpieczenie Społeczne
- Published: Tuesday, 13 December 2022 16:31
- Written by Grzegorz Makarewicz
- Hits: 558
- The concept of a legal entity in Directive 2019/1937 of the European Union on the protection of whistleblowers.
The presented article concerns the concept of a legal entity in Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons reporting breaches of Union law. The basic problems that require clarification in order to characterize this concept legally are its relationship to the concepts of a legal person and an employer, and the legal form of its functioning. The author considers these issues by drawing conclusions from the characteristics of the legal relationships that a legal entity enters into in connection with the role assigned to it in the directive and from the nature of its rights, obligations and legal liability. As a result, he concludes that the Directive does not prescribe a specific legal form for a legal entity. However, it considers it justified to adopt the principle of linking by national law the attribute of a legal entity with organizational units having legal personality or equivalent legal capacity, which does not exclude the necessary deviations.
- Social economy – a new law as a step towards fuller employment?
The article concerns some aspects of the Social Economy Act passed in August 2022. This act is to become an instrument of active employment policy, introducing a new quality by focusing not only on the economic calculation based on costs, but also on the social value of work. Social enterprises are an important factor in building an inclusive labor market, and thus creating conditions for better social development. Although the newly introduced act has its limitations, strictly employment instruments should be assessed positively.
- Working time in parallel employment.
The article is devoted to the analysis of working time in parallel employment. General remarks on the working time in such an employment model were presented, including the so-called split employment, which often occurs in capital groups. The authors present the shortcomings of parallel employment regarding an individual employee and consider the legitimacy of limiting working time. In this context, they present brief comments on working time in transport - both air and road. Transport solutions are juxtaposed with the working time regulations of employees of medical entities. Taking into account the motives for limiting working time in transport, the authors consider whether a similar mechanism should not also apply to employees of medical entities.
- Is the statutory right to withdraw a pension claim unrestricted?
The article refers to the issues related to the possibility of withdrawing an application for an old-age pension, submitted under the provisions recognized by the Constitutional Tribunal as unconstitutional. Against the background of the facts concerning women born in 1953, selected provisions of social security law, civil law and administrative procedure were analyzed. This made it possible to draw a conclusion that it is not possible to withdraw an application for an old-age pension in a situation leading to unjustified privileges for persons originally harmed by unconstitutional provisions. It should be considered unjustified to demand a benefit significantly higher than that which would be due to other persons applying for the benefit at the same time and in the same factual situation, but on the basis of provisions consistent with the Constitution.
- Resumption of proceedings in disciplinary cases of academic teachers.
The institution of reopening the proceedings is an extraordinary means of verifying the decisions made in the disciplinary proceedings of academic teachers. Its essence consists in the re-examination and resolution of a disciplinary case that has been completed and not appealable under the ordinary procedure, if the proceedings were affected by a qualified legal defect. The main function of the renewal procedure is to protect the rule of law and the vital interests of academic teachers and/or their families.
- Draft Directive of the European Parliament and of the Council on improving working conditions through online platforms.
In December 2021, the European Commission proposed a directive to improve the working conditions of employees of electronic platforms. This is the first legislative project aimed at regulating the rapidly developing electronic labor market. It is projected that 43 million people will be employed via online platforms in the European Union in 2025. Innovations in the workplace, as long as they do not harm workers' rights, are supported by the European Commission. The author presents legal instruments and constructions - the presumption of employee employment and transparent management of work organization - proposed by the EU bodies, the European Parliament and the Council. In order for the economy to achieve an innovative and at the same time harmless for the employed goal, which is the modern electronic employment technologies, it is necessary to uniformly regulate jobs on the common European market. It is therefore necessary to regulate both the legal status of employees and to define the competences of national public, administrative and judicial institutions obliged to protect them legally.
- Termination of an employment contract by an employee for reasons not related to the employee and the right to severance pay under Art. 8 of the Act on Group Redundancies.
The author presents the jurisprudence of the Supreme Court regarding the concept of a reason not related to the employee within the meaning of the Act on Group Redundancies and the related right to severance pay under Art. 8 of this Act. It does so against the background of the latest judgment of the Supreme Court in this field, in which the Court for the first time explicitly indicated that not every situation of improper performance of duties by an employee can be qualified as a reason for the employee, and that unilateral termination of the contract by the employee does not preclude the acquisition of the right to severance pay provided for in this Act.
Praca i Zabezpieczenie Społeczne (Work and Social Security) - the whole list