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Labour and Social Security Journal 01/2023

ISSN: 0032-6186
Pages: 66
Publication date: 2023
Place publication: Warszawa
Binding: paperback
Format: A4
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DOI: 10.33226/0032-6186.2023.1.2
JEL: K310

The topic of the article is the concept of personal dignity and the dignity of a working human being. The author presents the meaning of the term of personal dignity and distinguishes it from other similar meanings. The historical construction of the meaning of the concept of dignity is presented, which the author criticizes. The article arrives at the determination of the meaning of the term of personal dignity as an expression of the superiority of the human species over other known categories of entities. In this context, the author links the notion of dignity with the labour part of human life and distinguishes the notion of dignity of the working human being, which links the notions of employee, employer and other entities.

Keywords: dignity; person; employee; employer; working human being
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DOI: 10.33226/0032-6186.2023.1.3
JEL: K31

The author discusses the phenomenon of simulating an employment relationship with a pregnant woman in order to obtain benefits from the social security system, from the perspective of civil law, labor law, criminal law, and the principles of social coexistence. Research on this issue has been presented in the form of a two-part article. The first part is devoted to discussing the theoretical and legal doubts related to the currently applicable provisions of law, in particular the mutual relationship of the provisions of Art. 22 § 11 of the Labor Code, art. 65 and 83 of the Civil Code in connection with art. 300 of the Labor Code, as well as presenting the "essence" of the simulation that we deal with in the case of pregnant women who, in cooperation with the employer, want to extort sickness and maternity benefits from the social insurance system. This part also presents the issue of motivation that the parties usually follow when simulating employment and its role in the final resolution, and also assessed the legitimacy of the view presented in the judicature that the actions of parties suspected of simulating employment should be assessed through the prism of the principles of social coexistence, and in particular in the light of the prohibition of deliberately gaining unjustified benefits from the social security system at the expense of other participants in that system.

Keywords: dignity; person; employee; employer; working human being
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DOI: 10.33226/0032-6186.2023.1.4
JEL: K31, J47

The paper deals with the work of immigrants in detention centers in the US and the possibility of qualifying this work as forced labor. The main issues addressed in the paper are the amount of wages received by detainees in the centers, the question of whether this labor is voluntary, the conditions under which it is performed and, finally, whether detainees in detention centers are entitled to labor-related collective rights, that is, the right to organize and effectively negotiate working conditions and wages. The idea is to present the ongoing discussion in the US on whether detainees in immigration detention centers fall under two fundamental federal regulations: The Fair Labor Standard Act (FLSA), which includes a federal minimum wage guarantee, and the National Labor Relations Act (NLRA), which includes a guarantee of the right to organize and a prohibition on discrimination based on workers' organizing or union activity.

Keywords: Labor; immigration detention centers; forced labor
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DOI: 10.33226/0032-6186.2023.1.5
JEL: K31

Analysis of the most current jurisprudence of Polish Supreme Court in cases concerning prevention of mobbing and discrimination has groundbreaking character. This regards mostly two aspects. First one is clear distinction of unlawful acts (violation of personal rights of the employee) from order to counteract mobbing and discrimination. Abovementioned gives ground for a victim of psychological violence to pursue claims under two different titles. The second is a modern interpretation of the lump-sum compensation provided by the Labor Code. The Court rightly saw it as a compensation as well as a sanction. All this has the effect that, despite the lack of changes in the regulations, the protection of employees' rights has increased significantly.

Keywords: discrimination; mobbing; public tasks; sanction; internal law
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DOI: 10.33226/0032-6186.2023.1.6
JEL: I38, K310

A social worker is a key profession in the field of social assistance. They are responsible for the organization and implementation of social work, as well as, support for the individuals and families in difficult life situations. Requirements in terms of qualifications of a social worker and the scope of tasks should be correlated with an adequately high payment. The aim of the article is to analyze the renumeration of social workers in the local government social assistance institutions from the legal perspective and practice of local government social assistance. The article presents legal issues related to the regulation of social workers' payment and the results of empirical research on payment. It has been shown that legal regulations do not ensure adequate payment for social workers, which results in low renumeration of social workers.

Keywords: social assistance; social worker; social work; renumeration
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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
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DOI: 10.33226/0032-6186.2023.1.8
JEL: K31

Abstract The author presents the jurisprudence of the Supreme Court focused on the issue of maintaining the standard of of proper composition of the court in cases covered by civil procedure, when a person, wchich participates in the composition was appointed to the office of judge at the request of the National Council of the Judiciary formed in the procedure specified in the Act of 2017 amending the Act on the National Council of the Judiciary and other acts. She discusses in more detail the latest judgment in this field passed in the Labor and Social Security Law Chamber of the Supreme Court.

Keywords: the invalidity of the proceedings; the composition of the court; right to a fair trial
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