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Labour and Social Security Journal 04/2021

ISBN: 0032-6186
Pages: 56
Publication date: 2021
Place publication: Warszawa
Binding: paperback
Format: A4
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DOI: 10.33226/0032-6186.2021.4.1
JEL: I140, K31, K32

"Aporia" is definied as the problem which, despite of the correct reasoning, it is hard to solve at current state of knowledge. Does it really have to be characterized by a very high aporeticy (in the light of contemporary legal culture) a dilemma emerging under Article 210 para. 5 of the Polish Labour Code (LC)? This legal provision excludes, in relations to the category of the employee indicated in it, an application of the provisions Article 210(1) and Article 210(2) of the LC, which relate to the right of the worker to remove himself from. among other things, existing to this employee danger for life or health at work. This question appears also within the confines the other regulations, presented as a examples in this article, in which legislator as well makes analogous "legal exclusion" (subjective exclusion or rather subjective-objective exclusion). Maybe, valuable and lasting effects can be achieved by an attempt to provide scientific, unified, non-casuistic approach to relevant issues,according to a common general standard, in relation to every category of the workers, not only to employees, and in relation not only to "rescuing" indicated in Article 210(5) of the LC, but also to other work designated to the protection of the specific legal goods, and valued equally high.

Keywords: the right of the worker to remove himself from danger to his life or health at work; exclusive/inclusive legal provisions and interpretation; in relation to the right to remove himself from danger
DOI: 10.33226/0032-6186.2021.4.2
JEL: K31

Geolocalisation is an extremely helpful tool used by many businesses. Moreover, there are industries where it is difficult to imagine doing business without the use of geolocation. However, the use of this technology may raise concerns regarding potential infringements of employees' right to privacy. The GDPR and sector-specific regulations in the EU Member States are frequently perceived as restricting business operations. Employers who geolocate employees, however, should also see the benefits of such regulations. They do impose certain restrictions, but by regulating the use of the GPS technology they also provide opportunity to protect the interests of the enterprise while protecting the privacy of employees. The appropriate application of these regulations, therefore, may be beneficial for both parties to the employment relationship.

Keywords: geolocation; GPS; GDPR; personal data protection; right to privacy
DOI: 10.33226/0032-6186.2021.4.3
JEL: K31

The article concerns the legal solution in the field of social security that was introduced in connection with the spread of the COVID-19 epidemic. The solidarity allowance was intended to support people who lost their jobs as a result of the labour market crisis caused by the epidemic. The author cites legal provisions and indicates the effects of actions on the basis of statistical data on the labour market and the beneficiaries of the solidarity allowance. The author points to the interpretational problems and the inconsistencies resulting from the applied provisions.

Keywords: social security; solidarity allowance; unemployment; inactivity; COVID-19
DOI: 10.33226/0032-6186.2021.4.4
JEL: K31

On December 3, 2020, via the Zoom Webinar platform, the 3rd National Scientific Conference in the series "Non-typical employment relations" was held on the subject of "Temporary employment as an atypical form of work — opportunities and threats". The conference was organized by the Center for Nontypical Employment Relations, operating at the Faculty of Law and Administration of the University of Lodz. This report has a framework character due to the volume limit. The full version of the report can be found on the Center's website.

Keywords: temporary employment; temporary employment agency; user employer; temporary worker
DOI: 10.33226/0032-6186.2021.4.5
JEL: K31

The evaluation of no-hire agreement raises a number of concerns. Polish jurisprudence presents a view that this agreement is an unacceptable interference in the sphere of economic freedom and freedom of work. in this text, the author verifies the above legal view. He shows that the entrepreneur's autonomous decision to undertake not to employ the contractor's employees does not constitute a breach of freedom of work, per se. The author analyzes freedom of work in a horizontal aspect, as a value that becomes reality in the principles of social coexistence. This argument serves as a reference for assessing the validity of an agreement restricting employment opportunities and its impact on the legal position of the employee.

Keywords: freedom to choose a place of work; freedom of economic activity; limiting of hiring; freedom to contract
DOI: 10.33226/0032-6186.2021.4.6
JEL: K31

The article constitutes an attempt of an analysis and an assessment of selected national regulations concerning protection of privacy of employed persons in the context of European provisions on personal data protection. The purpose of the research paper is to find an answer to the question whether on the grounds of the Polish provisions any differences to the level of legal protection of employed persons' privacy occur and what their characteristics are. In order to achieve this, the author determines the semantic scope of the notion of employment and subsequently analyses specific provision concerning protection of privacy in employment adopted by the national legislator based on the authorization provided in the Article 88 of the GDPR as well as sources of legal protection of privacy of persons employed on a basis of civil-law agreements.

Keywords: employment; privacy; protection; employment relationship; civil-law agreements
DOI: 10.33226/0032-6186.2021.4.7
JEL: J32

The subject of the gloss is the issue of qualifying the period of unemployment due to termination of employment due to political repression. At the will of the legislator, such a period of unemployment is a contributory period, even though there was no obligation to pay social security contributions during this period. Therefore, this period is included in the "general" period of insurance. On the other hand, in order to obtain the right to benefits in connection with the performance of work in special conditions Or of a special nature, it is necessary to establish that the period of insurance should be obtained in the above — mentioned conditions. The analysis of the provisions has led to the conclusion that the right to a retirement benefit at a reduced ag eis related to the determination of the condition of actual performance of work under special conditions performed permanentny and fulltime.

Keywords: period of unemployment; work in special conditions; termination of employment due to political repression
DOI: 10.33226/0032-6186.2021.4.8
JEL: H55

The author analyses case law of the Court of Justice of the European Union on the binding effect of a certificate on legislation applicable (E101 and A1) for courts of a Member State in the event of fraud. Both in Polish literature and in case law, judgments in this area are assigned with different effects. What seems to prevail is a believe that the binding force of the abovementioned certificates has been weakened. This study aims at critical analysis of such a view, as well as at establishing conclusions resulting from the emerging jurisprudence.

Keywords: : certificate E101; certificate A1; binding effect of certificates on legislation applicable
DOI: 10.33226/0032-6186.2021.4.9
JEL: K31

The author presents the latest judgment of the Supreme Court on the issue of the form of declarations of will (knowledge) in labour law, in which the Supreme Court referred for the first time directly to the possibility of applying the documentary form to the statements of the parties to the employment relationship (Civil Code Article 772).

Keywords: form of legal acts; documentary form; labour code — form of legal acts; labour code — form of declarations of intent; labour code — form of knowledge statements
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