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Dr Ariel Przybyłowicz
ORCID: 0000-0003-4219-0984
Dr Ariel Przybyłowicz, assistant professor at the Department of Labour Law at the Faculty of Law, Administration and Economics of the University of Wrocław, legal advisor. Author of studies in the field of labour law and social security law.
DOI: 10.33226/0032-6186.2021.5.4
JEL: K31

The subject of the article is to present the entitlements of the National Labour Inspectorate (NLI) in determining the existence of employment relationships. The analysis shows that the legal instruments available to NLI inspectors in this regard include referring the employer to an application, conducting misconduct proceedings or bringing an action to the labour court for establishing the existence of an employment relationship. In practice, these measures are ineffective. Under the current legal status, labour inspectors are not entitled to issue administrative decisions establishing the existence of an employment relationship. However there are certain arguments of a dogmatic and legal nature for granting them such an entitlement, which, would also require the creation of an appropriate appeal procedure, which should be similar to the appeal procedure against the decisions of the Social Insurance Institution.

Keywords: National Labour Inspectorate; employment relationship; determination of the existence of an employment relationship; administrative decision
DOI: 10.33226/0032-6186.2020.6.5
JEL: K31

In the article, the author analyzes the possibility of combining a doctoral scholarship with maternity allowance in the case of childbirth or admission of a child during the education at doctoral school. The legislator, by allowing the PhD students to voluntarily take part in sickness insurance, has also granted tchem the right to benefits from this insurance. However, this right can be completely illusory in practice. PhD students retain the right to doctoral scholarship, which is obligatory for all doctoral students. Although if a child is born or a child is brought up, a doctoral student may suspend his education, but he is still entitled to a doctoral scholarship. If this scholarship is qualified as remuneration obtained under "scientific employment", the provisions of the Benefit Act would exclude the possibility of obtaining maternity allowance. It would be pointless to join the sickness insurance in this case. If we don't recognize the doctoral scholarship for a sui generis type of remuneration, it would allow the PhD students to receive simultaneous both maternity allowance and scholarship, which would be incompatible with the purpose and function of maternity allowance and also incompatible with the system assumptions of the Polish social insurance system.

Keywords: social insurances; sickness insurance; maternity allowance; PhD students; doctoral scholarship

Dr Ariel Przybyłowicz, assistant professor at the Department of Labour Law at the Faculty of Law, Administration and Economics of the University of Wrocław, legal advisor. Author of studies in the field of labour law and social security law.