Labour and Social Security Journal 07/2021
Publication date: 2021
Place publication: Warszawa
The article aims to establish the essence of the right to care benefits from the point of view of the development of benefits related to the need for long-term care, and taking into account the category of social risk. The essence of the article boils down to the statement that the care benefit is accociated with the risk of inability to perform work due to the need to provide care to a dependent person. Formally we have protection against the risk that affects a family member of a dependent, and not herself.
Article is a detailed study on the UK Supreme Court judgment in the most debated platform economy misclassification case in recent years. The elaboration on the judgment seemed necessary for two main reasons. Firstly, it is a kind of culmination of a certain platform saga. Secondly, the judgment provides valuable technical guidance for any labour court (regardless of jurisdiction) faced with the task of determining the existence of an employment relationship between a platform and a user who provides the work (service) within platform.
This article deals with the issue of criminal law protection of the possibility of associating in trade unions, regulated in the Act on Trade Unions. First, the importance of the freedom to form a trade union and the right to join it was noted. Successively, behaviors that violate the sanctioned norms protecting these values were identified, and then other elements of the structure of the crime — that condition criminal liability for violation of these rights were analyzed. Finally, existence and the scope of this protection was assessed taking into account the importance of these values for the protection of workers' rights, and de lege ferenda conclusions were put forward in this context.
The subject of the article is an analysis of the legal situation of people born in 1953 (especially women) who took advantage of the possibility of early retirement (after submitting the application before 2013), through the prism of the judgment of the Constitutional Tribunal of March 6, 2019 (file ref. No. P 20/16). The controversy resolved by the Constitutional Tribunal concerned the legitimacy of reducing the new old-age pension after the end of the statutory retirement age by de facto early retirement benefits already received. The aforementioned judgment changed in favor of the insured the method of calculating the new old-age pension after reaching the general age. Nevertheless, on this level, doubts and discrepancies arose as to the attitudes and legitimacy of revoking decisions based on unconstitutional provisions in the field of social insurance. The article discusses possible solutions that could be taken by the insured born in 1953 until unfavorable retirement decisions were eliminated from the legal system in accordance with the jurisprudence of the Constitutional Tribunal. Moreover, the solutions introduced in the Pension Act, which comply with the aforementioned judgment of the Tribunal, were indicated.
The aim of the study is to discuss the issues related to the possibility of applying the prohibition to reformationis in peius before medical certification bodies in proceedings before the social security organ. The subject matter of the issue in question is important because it shows the de facto existence of a universally accepted position, along with some discrepancies that arose as a result of creating an atypical line of jurisprudence by some judicature, which is a kind of novelty regarding the examination of the issue in question. Therefore, the article discusses the impact of the functioning of the above-mentioned institution, with the content currently in force, on the essence of proceedings before the social security organ, and presents an approximation of the general characteristics of the prohibition of reformationis in peius in relation to the relevant provisions of the Code of Administrative Procedure, as well as the so-called retirement-social security acts.
The author presents the latest judgment of the Supreme Court, which, in a way that has not yet been mentioned in the judicature, presents the relationship between the employment contract and the remuneration regulations in the context of the assessment of the privilege of their provisions.
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