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Prof. zw. dr hab. Daniel Eryk Lach, prof. UAM
ORCID: 0000-0001-6223-5356

Is a professor in Chair of Labour Law and Social Law at the Faculty of Law and Administration of the Adam Mickiewicz University in Poznan. Was a scholarship holder of the Max-Planck-Institut für Sozialrecht und Sozialpolitik in Munich. Author of over 130 scientific books and papers on theoretical and legal issues of the health- and long-term care system, also in constitutional and cross-border aspects, as well as social security law and labor law.

 
DOI: 10.33226/0032-6186.2023.8.7
JEL: K31

Abstract In the jurisprudence of the Supreme Court the requirement has been formulated, to precede the withdrawal of the A1 certificate by ZUS with an agreement on retrospective inclusion in the applicable legislation. In this context in the paper it was discussed the procedure for withdrawing the A1 certificate, as well as the question of concluding an agreement by the institutions concerned on the applicable legislation and the retroactive inclusion of a posted employee, for whom the A1 certificate has been withdrawn, into the competent system. Against this background, the problem of protecting a posted employee against the effects of retrospective verification of legislation in the situation of no discrepancies concerning the applicable legislation, and consequently no need to conclude an appropriate agreement, will also be presented.

Keywords: procedure for withdrawing the A1 certificate; establishing of the applicable legislation; retroactive inclusion in the competent system
DOI: 10.33226/0032-6186.2023.5.9
JEL: K31

The subject of the study is a discussion of the arguments cited by the German federal labor court (BAG) in the judgment of December 1 st 2020, 9 AZR 102/20, to justify the thesis that an incentive system can be considered an instrument of the employer's management confirming the existence of an employment relationship, in the light of the statements of the German speaking literature, and an assessment of the impact of this judgment on the qualification of the legal status of persons working through the online crowdworkers platform.

Keywords: work relationship of platform workers; crowdworkers; employer management
DOI: 10.33226/0032-6186.2023.1.7
JEL: I13, K31, K38

The subject of this paper is to discuss the issue of the right of war refugees from Ukraine to healthcare services, both on the basis of a special regulation of the act on assistance to Ukrainian citizens in connection with an armed conflict in the territory of that state and the act on granting protection to foreigners in the territory of the Republic of Poland. The analysis will cover the subjective and objective scope of healthcare provided for refugees from Ukraine, as well as the organization and financing of the services provided to them.

Keywords: Ukraine; refugees; healthcare
DOI: 10.33226/0032-6186.2022.8.7
JEL: K31, K39

The subject of this paper is the judgment of the German Federal Labour Court (BAG) of June 25, 2021, 5 AZR 505/20, in which it was indicated that the caregiver — a foreigner posted to Germany to work in the household of a dependent person, has the right to wages of at least the minimum wage, not only for working time, but also for the period of on-call time. The author discusses the effects of the judgment regarding the legal situation of informal carers from Eastern European countries, as well as the organizational and financial possibilities of providing dependent people with proper care (also around the clock) at home.

Keywords: posting of caregivers; minimum wage; working time
DOI: 10.33226/0032-6186.2021.6.7
JEL: K32

The subject of this paper is the judgment of the Court of Justice of the European Union from 29 October 2020 in case C-243/19. There are two important issues discussed: 1) if the patient's religious beliefs might be a reason for granting the prior authorization accordingto articles: 20(2) of Regulation No. 883/2004 and 8(5) and (6)(d) of Directive 2011/24, 2) the difference between the rules of the reimbursement of costs of cross-board healthcare set in the Regulation No. 883/2004 and in the Directive 2011/24.

Keywords: cross-board healthcare; prior authorization; patient's religious beliefs
DOI: 10.33226/0032-6186.2021.1.4
JEL: K31

The aim of the article is to discuss the issues related to the payer's claims for the return of part of the contribution charged to an insured. Based on the achievements of the Polish, German and Austrian jurisprudence and doctrine it will be shown the possibilities of the payer's claims for reimbursement of social security contributions paid by the payer from his funds in the part that should be financed from the insured's funds in the cases of a posterior statement, that the insured person working under a civil law contract was employed on the basis of an labour employment relationship, or that the insured's selfemployment was of a bogus nature.

Keywords: social security contributions; claims of the payer against the insured; bogus self-employment
DOI: 10.33226/0032-6186.2020.9.6
JEL: K39

The subject of this study is to present selected issues concerning the constructing of the service system covering the risk of the need of long-term care. Author discusses the questions of: defining the risk of the need of long-term care seen in the context of demographic situation, scope and character of the system services and as well as its organization and financing.

Keywords: risk of the need of long-term care; dependency; long-term care system
DOI: 10.33226/0032-6186.2020.7.3
JEL: K39

Due to the observed and forecasted demographic changes, the author formulates the thesis according to which dependent people's housing communities, being an alternative to institutional care, could be helpful in solving the demographically conditioned problem of insufficient access to informal long-term care. This thesis is developed by presenting the instruments adopted in German nursing insurance aimed at supporting the creation and functioning of dependent people's housing communities. Against this background there will be critical analyzed the regulation concerning the creation and functioning of family welfare home as a special form of care and living services regulated in Polish social assistance law, which could form the basis for creating dependent people's housing communities.

Keywords: dependent people's housing communities; long-term care; family welfare home
DOI: 10.33226/0032-6186.2019.10.1
JEL: K39

The aim of the article is to define the concept of telemedicine and determine the admissibility of remote providing of the healthcare services in the light of the regulations concerning the practice of the medical professions and the conducting of the medical activity. The analysis will also cover the issue of admissibility of financing of the healthcare services fulfilled in the form of telemedicine from the public funds, either in an EU cross-border context.

Keywords: telemedicine; the services of the health care; cross-border health care