Labour and Social Security Journal 11/2025

Insurance needs express the scope and level of the expect­ed financial security that economic entities may obtain through the application of insurance protection. A com­prehensive approach to addressing the insurance needs of households requires the consideration of both insurance solutions operating within the social security system and the recognition of the essential characteristics that define and differentiate households as stakeholders in the private insurance market. The importance of such an approach to meeting the insurance needs of households is particu­larly significant in the context of the statutory obligation to analyse clients’ needs and requirements when offering private insurance protection. The purpose of this article is to clarify and systematise issues related to insurance within the framework of the social security system and to provide a theoretical insight into the process of designing insur­ance protection that could be practically implemented to offer households supplementary private coverage comple­menting public protection. The considerations presented in this paper are based on the thesis that satisfying the in­surance needs of households should be primarily ensured by a properly structured social insurance system, the scope and level of which may be complemented by a well-tai­lored and appropriately communicated offer of private insurance products.

The article undertakes an institutional analysis of the cur­rent social security system, highlighting its key weakness­es, including the dispersion of regulations and inconsistent rules regarding insurance coverage, as well as the ongoing pension privileges granted to certain professional groups. In light of changes to the labour market, the growth of non-standard employment, demographic shifts (an ageing population and migration) and the increasing diversity of pension benefits in terms of gender, age and professional status, the legislator must reconsider the structure of the system. The proposed measures draw inspiration from the integration act of 1933, which successfully unified previous social security systems in a period of state reconstruction. The authors propose the development of a modern inte­gration act that takes into account historical experience and contemporary conditions to create a fairer, more trans­parent and sustainable pension system that meets the chal­lenges of the 21st century.

Article presents the long-term care insurance system in Ja­pan, its origins, current institutional shape and challenges. Author refers to both literature about the main topic, but also to some reflections and experiences from study visit to Japan for polish scholars and public officials. The goal of the study visit was to provide knowledge, understanding of Japanese long-term care system, but also practical inspira­tions for the analysis and public reforms of that field in Po­land. Thus, in the article there are several references to the problems and challenges of polish long-term care system. Author has tried to include legislative, economic and so­cial aspects of the Japanese policy concerning elderly care. Based on the analysis and conclusions, certain elements of the Japanese approach to elderly care may serve as a pos­itive point of reference for reforms of the long-term care system in Poland. Among the potential sources of inspira­tions, are: the long-term care social insurance framework, but also some other aspects – including long-term planning in old-age policy, measures of prevention of care needs and coordination of services.

Article presents the long-term care insurance system in Ja­pan, its origins, current institutional shape and challenges. Author refers to both literature about the main topic, but also to some reflections and experiences from study visit to Japan for polish scholars and public officials. The goal of the study visit was to provide knowledge, understanding of Japanese long-term care system, but also practical inspira­tions for the analysis and public reforms of that field in Po­land. Thus, in the article there are several references to the problems and challenges of polish long-term care system. Author has tried to include legislative, economic and so­cial aspects of the Japanese policy concerning elderly care. Based on the analysis and conclusions, certain elements of the Japanese approach to elderly care may serve as a pos­itive point of reference for reforms of the long-term care system in Poland. Among the potential sources of inspira­tions, are: the long-term care social insurance framework, but also some other aspects – including long-term planning in old-age policy, measures of prevention of care needs and coordination of services.

Sexual harassment is a category of labor law, and sexual exploitation of a relationship of dependency meets the cri­teria for a crime. Legislation provides protection against such abuses by distinguishing them from each other, al­though distinguishing them based on specific behaviors is not always straightforward. The purpose of this study is to present an understanding of sexual harassment and the characteristics of sexual exploitation of a relationship of dependency, and to analyze them in light of the provisions of the Labor Code and the Penal Code, attempting to de­lineate the boundaries between them and capture their commonalities. It has a unique dimension, as this topic has not yet been subjected to in-depth research in legal literature.

In a world full of crisises – wars, inflation, political cri­sises – it is essential to find a safe way to secure old-age pensions. There are two methods of financing pension systems – pay-as-you-go and capital method. The pay-as-you-go method is safer, because it is resistant to inflation due to the fact that the contribution is immediately being spent on pensions and there is no time that could diminish money’s value. The pay-as-you-go method is also immune to wars and political crisises, because there is no real as­set that could be transfered by the government out of the pension system. The pay-as-you-go method is vulnerable to demographical crisises. But the capital method may also be affected by demographical crisises if the assets are being invested in a country with poor demographic condi­tions, which could lead to lower return rates. A safe retire­ment system should be based mainly on the pay-as-you-go method.

The article presents the significance of the legislative change of 2016 introducing an additional mechanism for remunerating managers of companies with State Treas­ury shareholding. Variable remuneration should be con­sidered a valuable and necessary instrument motivating management staff. An important intention of the authors of this act is to link the remuneration of persons manag­ing companies with State Treasury shareholding with the actual development and increase in the value of the man­aged entities. It is worth noting that the adopted mecha­nism serves to eliminate the threats indicated in the agency theory, describing the differences between the interests of the company and the interests of the manager. The conse­quences of such conflicting interests seem quite obvious, which the adopted regulations are intended to prevent. The current model does not mean full protection of the in­terests of companies, as it requires precise development of management goals by corporate supervision and supervi­sory bodies, whose activities should be associated with the professional use of full knowledge of the current activities of the company.

The obligation imposed on Member States by Directive 2022/2041 to increase the coverage of collective labour agreements provides a strong impetus for discussing possi­ble ways to achieve this objective. One potential approach is the conclusion of collective labour agreements within public administration. The aim of this article is to provide a deepen analysis of new regulations within this field and to assess the extent to which the current legal framework arising from the newly passed Act on collective agree­ments facilitates the conclusion of such agreements.

The author discusses the latest Supreme Court ruling on the criteria for qualifying mobbing (Article 94³ § 2 of the Labour Code). This ruling explains the premise of the persistence of the mobber's actions and considers whether mobbing can be committed through unintentional fault.

The judgment of the Court of Justice of the European Un­ion (CJEU) of October 2024 in Air Nostrum (Case C-314/23) constitutes an important point of reference in the ongoing de­bate on the scope of protection against indirect pay discrim­ination. The Court adopted a position of a rather ambivalent nature: on the one hand, it broadened the concept of “pay” within the meaning of Directive 2006/54/EC, extending it to include daily allowances representing a lump-sum reimburse­ment of expenses incurred by workers in connection with the performance of their duties outside their usual place of work; on the other hand, it limited the application of the principle of equality to cases involving “the same work or work of equal value.” Consequently, this ruling may contribute to perpetu­ating existing pay disparities in sectors marked by a high de­gree of occupational segregation based on gender. The judg­ment highlights the need for a more progressive approach to the phenomenon of structural discrimination – one that goes beyond formal declarations of equality.