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Labour and Social Security Journal 02/2021

ISBN: 0032-6186
Pages: 68
Publication date: 2021
Place publication: Warszawa
Binding: paperback
Format: A4
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DOI: 10.33226/0032-6186.2021.2.1
JEL: J53

The subject of the article is the issue of verification by Social Insurance Institution (ZUS) of conducting business activity as a title of social insurance and the contribution calculation basis of social insurance declared by the insured (entrepreneur). In this area there are no controversies as to the legitimacy of questioning the business activity as a social insurance title by the pension authorities. The author expresses, however, a more far-reaching view and, approving the Supreme Court's position presented in the judgments in cases I UK 208/17, II UK 301/17 and II UK 302/17, he believes that ZUS is also competent to verify the declared contribution calculation basis on this account. Therefore, the main purpose of the article is to present a wide range of arguments in support of the defense of the above thesis in confrontation with the older case law of the Supreme Court and the most recent literature in this area, in which such actions of ZUS are considered inadmissible.

Keywords: social insurance; business activity; contribution calculation basis; social insurance title
DOI: 10.33226/0032-6186.2021.2.2
JEL: H75

This article aims to present social results ofa quantitative study (CAWI interviews) conducted among social workers from local social welfare centres in the Wielkopolska region — the second largest firstlevel administrative unit in Poland in terms of area. The aim of the research was to diagnose and describe the main changes in the functioning of local social welfare centres during a pandemic COVID-19. The article analyzed social challenges in the face of intensification of existing ones or emergence of new social problems. The article also presented the opinions of social workers to organizational changes in local institutions. The results reveal the opinions of social workers to the social consequences of the COVID-19 pandemic in the context of emerging social problems and new categories of clients. In the light of analysis of the obtained data was also possible to show the impact of a pandemic on the mental well-being of social workers and indicated sources of stress for respondents and self-care strategies.

Keywords: social work; social problems; social consequences of COVID-19; local social welfare centres
DOI: 10.33226/0032-6186.2021.2.3
JEL: K31

This two-part article aims to compare and analyze the Czech and Polish legal regulations on the termination of employment due to organizational changes adopted by the employer. In particular, the analysis deals with the extent, to which the compared legal regulations protect the employee and the durability of his employment, and (on the other hand) the employer's right to freely conduct business activity by managing his enterprise and deciding on the composition of his workforce. The first part of the article contains a comparison of selected aspects of the basic legal regulation of termination of employment in both countries and the presentation of the conditions for the application of organizational reasons for termination of employment, focusing mainly on the Czech regulation and its judicial interpretation. The second part of the article aims to compare the previously described Czech approach with its Polish counterpart, as well as to compare other socio-legal tools of employee protection related to the main topic, such as the application of the provisions on collective redundancies and mandatory severance pay, special protection of various groups of employees against dismissal, obligatory consultations with trade unions, etc. On this background, the authors also formulate certain proposals for legislative changes in the subject area.

Keywords: : legal comparative studies; employment termination notice; organizational changes; liquidation of employer; liquidation of job position; reduction of posts
DOI: 10.33226/0032-6186.2021.2.4
JEL: K21, K31

Article 17f of The Act of 16 April 1993 on Suppression of Unfair Competition as an act of unfair competition qualifies submitting business information by a creditor to the business information office in violation of the Act of 9 April 2010 on providing access to business information and on business data exchange or a creditor's failure to update or delete business information despite the occurrence of an obligation to update or delete the same pursuant to the abovementioned Act. The aim of this work is to demonstrate that such an act of unfair competition could materialize between labour law entities.

Keywords: act of unfair competition; business information; labour law entities
DOI: 10.33226/0032-6186.2021.2.5
JEL: K31

The article addresses the issue of providing the employer with personal data regarding disability by employees. Regulations for personal data protection, labour law and those related to the legal status of disabled persons were analyzed.

Keywords: personal data; disability; informational autonomy; disability certificate
DOI: 10.33226/0032-6186.2021.2.6
JEL: K31

The article is devoted to establishing an employment relationship with the probation officer. It discusses the procedure for establishing this relationship and the conditions that a person aspiring to become a probation officer must meet. There is a problem with the application of some of conditions, therefore attempts were made to identify the issues that may present the greatest difficulties and to propose solutions to the identified problems. The article concludes with proposals including, inter alia, the de lege ferenda postulates. The article concludes with proposals, including legislative amendments.

Keywords: probation officer; employment relationship; employment law; nomination; court
DOI: 10.33226/0032-6186.2021.2.7
JEL: K31

The aim of this article is to present and comment on judgments of the Court of Justice of the European Union delivered in cases C-620/18 and 626/18 concerning Polish and Hungarian applications to annul Directive 2018/957/EU amending the Posting of Workers Directive.

Keywords: posting of workers; freedom of providing the services; Directive 2018/957/EU
DOI: 10.33226/0032-6186.2021.2.8
JEL: K31

The study discusses the jurisprudence of the Supreme Court regarding the possibility of an employer challenging the rights of trade unions operating at his establishment.

Keywords: enterprise trade union organization; inter-enterprise trade union organization; autonomy of trade unions; declaratory action (legal interest)
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