Labour and Social Security Journal 08/2025

The main objective of the article is to examine and assess the extent of gender neutrality of the names of professions and positions included in the Regulation of the Minister of Labour and Social Policy of 7 August 2014 on the Classifi cation of Occupations and Specialisations for the Labour Market Needs and its Applicability Scope. The research hypothesis was adopted as follows: despite the recommen dations of international institutions, the language used in the Polish Classification of Occupations and Specialties remains to a large extent non-neutral in terms of gender. The structure of the study is following. In the first place, the legal determinants of the use of the gender-neutral language are presented, as well as the use of feminatives in Poland in a retrospective approach. Then, a quantitative and qualitative study of the language used in the Classification of occupations and specialties in terms of the degree of its gender neutrality was carried out. In the end, conclusions are presented in which the author proposes directions for modifying the Classification towards gen der-neutral language.

The article aims to assess the legal solutions adopted in the draft of 30 July 2025 of the Act on the minimum wage in the context of Directive 2022/2041 on adequate minimum wages in the European Union. The author focuses on the procedure for determining the minimum wage, emphasizing the importance of the involvement of social partners in this process and the issue of semi-automatic indexing of the minimum wage. The author also analyzes the mechanism for updating the minimum wage and highlights its role in ensuring adequate minimum remuneration. Additionally, the author draws attention to the reference value adopted in the draft (55% of the average wage) and the methodology for calculating the minimum wage. In this context, the author formulates a series of recommendations aimed at ensuring a more comprehensive implementation of the directive and the optimal application of the law. The author also addresses the justification for continuing work on the project in light of the potential annulment of the Directive by the Court of Justice of the European Union.

The Work Council in South Korea plays an important, albeit limited, role in the system of employee participation, functioning primarily as a consultative body between employees and employers. The South Korean work council shares certain similarities with the German model of co-determination; however, its nature, scope of authority, and effectiveness are heavily influenced by the local cultural and legal context. Limitations such as the lack of binding decision-making power, unclear election procedures, and insufficient employee representation significantly weaken its effectiveness. The South Korean work council system should better respond to the needs of the modern labor market, which requires legislative and organizational re forms that support the sustainable development of enter prises and the improvement of employee well-being. It is difficult to compare the Korean work council with trade unions or employee councils in Poland. It is important to note that the work council is a body partially elect ed by the employer. Although it holds competencies simi lar to those of employee representative bodies in Poland, its underlying concept is fundamentally different, based on cooperation and mutual trust with the employer, rather than potential conflict.

The purpose of the article is to determine the scope of regulations shaping the situation of workers employed at offshore wind farms. The authors believe that offshore wind farms, which are floating farms (not permanently connected to the seabed), should be recognized as ships, and therefore the provisions of the Act on Work at Sea should be applied to employees working on such farms. In addition, depending on where the offshore wind farm operates, this Act will apply in whole or only in part. The article presents the differences in the legal position of employees working on offshore wind farms in particular situations. In the opinion of the authors, the described differentiation of the situation of employees depending on the construction and location of the offshore wind farm is unjustified and constitutes a violation of the principle of equality of employees, and does not provide an adequate level of protection for the various categories of employees. Therefore, the authors present de lege ferenda postulates aiming at unifying the rules of employment of workers on offshore wind farms, while taking into account the specifics of employment on this type of facilities.

The subject of this article is the issue of the application of Article 32 paragraph 1a of the Act of December 17, 1998 on pensions from the Social Insurance Fund in the context of the right to compensation under the provisions of the Act of December 19, 2008 on bridging pensions. The reason for consideration of this topic was, on the one hand, the resolution of the Supreme Court of October 29, 2020, ref. UZP 3/20 (OSNP 2021/3/29), which ex pressed the view that “in determining the period of work in special conditions or of a special nature, which deter mines the right to compensation under Article 21 of the Bridge Act, periods of non-work for which the employee received after November 14, 1991 shall not be taken into account. remuneration or benefits from social insurance in case of sickness and maternity,” and on the other hand, the change in the wording of Article 21(1) of the Bridge Pensions Act as of January 1, 2024, raising the question of the validity of the position taken by the Supreme Court. The author argues that the application of Article 32(1a) of the Pension Law in compensation cases in accordance with the position of the validity of the position taken by the Supreme Court. The author argues that the application of Article 32(1a) of the Pension Law in compensation cases in accordance with the position of the Supreme Court ex pressed in the resolution in question both before and after the above-mentioned amendment has a discriminatory effect against female insureds due to the different position of both sexes with regard to the right to maternity benefits during the period relevant to the acquisition of the right to compensation.

The objective of the pension reform was to make pensions dependent on paid contributions. Following the reform, this benefit is granted irrespective of the length of time the contributions have been paid and the total amount accumulated in the insured person’s account. One of the effects of the reform is the appearance of very low (pittance) pension benefits. According to data presented by the Social Insurance Institution in 2025, there has been an increase in the number of these low pensions, and it is anticipated that the state budget will have to provide more subsidies for minimum pensions. These unfavorable developments, which affect the level of protection of insured persons, im pact the sustainability of the pension system, are a consequence of the state’s failure to implement the necessary reforms over the past two decades. The objective of this publication is twofold: firstly, to identify the root causes of the increasing prevalence of minimum pensions, and secondly, to propose solutions that will not only enable the preservation of individualized pensions but also ensure the financial sustainability of the pension system.

The author discusses the latest case law of the Supreme Court, which clarifies the moment of assessing whether an employer has reached the threshold of employing 20 employees (Article 1(1) of the Act of Collective Redundancies) which is particularly important in a situation where the number of employees changes as a result of redundancies already made by the employer. The Supreme Court’s position on the interpretation of the concept of ‘reasons not related to the employee’ when the employment relationship is terminated in the context of collective redundancies by mutual agreement is also discussed.