Labour and Social Security Journal 02/2022

The paper discusses the neo-nationalism and its impact on social policy and labour law in Poland. The first part desribes the concept of new nationalism and its relationship with social law and social policy. The second specifies which elements of the ruling party's program are in line with the new nationalism. The third explores the reasons behind the resonance of populist and nationalist views in Poland. The fourth and fifth sections describe three major social reforms introduced under the banner of neo-nationalism and areas of inequality left untouched by the ruling parties. My key argument here is that the purpose of the post-2015 social policy reforms in general, and those in the realm of family policy in particular, is to legitimise the government. The reforms are not intended to address systematic labour market problems and social policy challenges. They are designed to be impressive rather than effective. The focus is on quick gambits with big immediate political payoff among the sectors of the society that have the power to sway the vote.

The Act of 17th September 2021 amending the Act on remuneration of persons holding senior posts in state administration and some other acts deals with social and health insurance of the spouse of the President of the Republic of Poland. This regulation is exceptional due to the method in which it was adopted and due to a very narrow scope of its application. It is also worth considering because of new solutions, different from those applied previously. Such solutions as admissibility of indicating the person covered by social insurance, a peculiar definition of accident at work or sickness insurance coverage for persons whose activity does not affect this person's or family's income are analysed in this paper. Methods of providing social security to the spouses of the Presidents of the Republic of Poland that could be considered as alternative to social insurance are also discussed.

This publication aims to point out the importance of remote work and the role it plays in modern society. In discussing its growing importance in the world of work, the authors draw on the experience of Brazil and the changes introduced in the labor law in 2017. The regulation recognized this new model of work, connecting millions of workers and confirmed that we now live in a digital and cyber age. The conclusions of this article point to the need to think about the implementation of the green labor contract as a support for the realization of climate justice and how telecommuting can contribute to this new path of work. Remote work is an expression of progress; it is a new legal, normative, economic, and social pathway. The new regulations are already a new type of employment relationship for employees and employers that democratizes the work scenario, which should contribute to solving socio-environmental issues. This contribution will take place in the legal field, in the doctrinal, jurisprudential and legal perspective, as well as in the social field, bringing many benefits to workers.

The purpose of the following study is to analyze the interdependence between the principle of sincere cooperation between the Member States of the European Union and the A1 certificate. First, the author analyzes the theoretical assumptions for the A1 certificate, especially in the context of the title principle. The document in question is not only a guarantor of fundamental freedoms, but also a sign of trust between the Member States. The author poses questions and considers numerous doubts regarding the issue of trust between the Member States, the limits of this trust and possible control measures, especially in the context of the abuse of treaty freedoms.

This study aims to show the evolution of the pension entitlement in the jurisprudence of functionaries performing "service for the totalitarian state" after the introduction of controversial changes in 2017. The main thesis of the article, created on the basis of the presented position of the judicature, boils down to the statement that the abolition of retirement privileges of people taking up activity in the security apparatus of the People's Republic of Poland does not apply top-down to all beneficiaries. The analysis of the issue allows us to conclude that in the light of a democratic state ruled by law, the criterion of "service to a totalitarian state" should be determined on the basis of all the circumstances of the case of a given beneficiary, his individual acts and functions performed by him in order to finally recognize whether he violated his or her fundamental rights. And human freedom, and thus whether there are grounds for lowering the collected retirement benefits. The factual findings and interpretations presented in the information obtained from the Institute of National Remembrance as to the course of the service provided by the recipient do not de facto bind the court which has jurisdiction to consider the case on the basis of all the evidence gathered in the case.

The article was devoted to the problem of evidence from the hearing of the employer when on the employer's side in the process there is an entity other than a natural person. The problem then arises as to who can be heard as a party. The presented issue is complex in nature due to the fact that it is shaped by both procedural and substantive law regulations. The presented issues, despite their significant importance for law researchers and practitioners, have not been developed in detail.

The author presents theoretical and practical problems that arose against the background of regulations governing voluntary pension, disability and sickness insurance and eventually led to amendment of the System Act by virtue of the Act of 24 June 2021 amending the Act on social insurance system and certain other acts (Journal of Laws 2021, item 1621). This article discusses the legal nature of the application for voluntary insurance coverage, the consequences of paying an incomplete contribution, as well as in what form the Social Insurance Institution's decision was and should be made after considering the application for consent to pay the contribution after the deadline. A new legal regulation is also presented which is to replace the current one and eliminate the difficulties related to the application of the previous regulations.

The author presents the evolution of the jurisprudence of the Supreme Court in relation to the pursuit of supplementary compensation claims by an employee based on the provisions of the Civil Code in the event of termination of an employment contract with or without notice. Against the background of the discrepancies noticed in it, she presents the latest position of the Supreme Court in this regard, regarding the termination of the contract with notice.

The author presents the evolution of the jurisprudence of the Supreme Court in relation to the pursuit of supplementary compensation claims by an employee based on the provisions of the Civil Code in the event of termination of an employment contract with or without notice. Against the background of the discrepancies noticed in it, she presents the latest position of the Supreme Court in this regard, regarding the termination of the contract with notice.

The author presents the evolution of the jurisprudence of the Supreme Court in relation to the pursuit of supplementary compensation claims by an employee based on the provisions of the Civil Code in the event of termination of an employment contract with or without notice. Against the background of the discrepancies noticed in it, she presents the latest position of the Supreme Court in this regard, regarding the termination of the contract with notice.