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Labour and Social Security Journal 12/2023

ISSN: 0032-6186
Pages: 64
Publication date: 2023
Place publication: Warszawa
Binding: paperback
Format: A4
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DOI: 10.33226/0032-6186.2023.12.2
JEL: J71; J68


The article is devoted to the issue of legal protection against violence for the unemployed during traineeships, which are among the most common basic forms of vocational activation. This issue is of particular importance in the context of ILO Convention No. 190 on the elimination of violence and harassment in the world of work, in which trainees are explicitly identified alongside employees as a group whose protection against violence and harassment should be guaranteed. The unclear legal nature of the traineeship, as well as the complexity of the relationship between the three entities involved in its implementation, gives rise to considerations on the protection model adopted by the Polish legislator and its compliance with ILO Convention No. 190, which, if ratified, will set standards for protection against violence in the world of work in Poland.

Keywords: unemployed; traineeship for the unemployed; violence in the world of work; harassment; sexual harassment; mobbing
DOI: 10.33226/0032-6186.2023.12.3
JEL: K31

The article addresses the main issues determining the model of legislative codification of self-employment, in particular dependent self-employment. The scope of the analysis also includes the consequences arising from the fact that self-employment is an institution of contract law, a fundamental part of private law. This requires an understanding of a number of risks inherent in an inadequate codification of self-employment, shifting the burden of its regulation exclusively to the area of classical labour law institutions, without taking into consideration the principles of private law as a whole. The de lege ferenda section attempts to answer the question of the desirable form of the codification of the self-employment as a legal basis of the employment that is separate from labour law. In this regard, a model is proposed based on an analysis of the risks arising from an inadequate model for the codification of selfemployment, particularly in the variant of the nonCodex Act strengthening the separation of selfemployment from labour law.

Keywords: Self-employment; codification; dependent selfemployment; non-employment employment
DOI: 10.33226/0032-6186.2023.12.4
JEL: K00, K10, K31, K38

The aim of the paper is to analyze the provisions on the decommunization of the civil service and state offices, introduced in the Act of 14 April 2023 on the Amendment of the Civil Service Act and Certain Other Acts. I present three claims. First, I argue that the said provisions are another step in an ongoing change of the Polish lustration model from an instrument of historical clarification, in which sanctions are imposed only for submitting a false lustration statement, towards a retribution mechanism, where those connected with the former regime cannot hold public offices. Second, I claim that these provisions violate both the Polish Constitution and international law. Finally, I suggest that labour courts ought to refuse to apply said provisions, should they face compensation claims or claims for reinstatement in a job position.

Keywords: civil service; state officials; lustration; decommunization; transitional justice
DOI: 10.33226/0032-6186.2023.12.5
JEL: H53, K10, K36

The Polish support system for dependent persons did not provide a form of financial assistance granted directly to a dependent person, supporting his or her everyday functioning. The Act of 7 July 2023 on support allowance introduces such a solution, but also modifies the entitlements of current carers of these persons, who will from now on be able to work without a loss of a benefit, and ensures protection of acquired rights. The article analyses the premises for the adoption of the legal instrument and its essential provisions. The main features of the newly introduced element of the system of assistance for persons with disabilities were presented. The article also describes the changes to benefits and entitlements for existing carers of dependent persons. Public discourse on some elements of the act was also indicated.

Keywords: with disabilities; need for special care in everyday life; support allowance for persons with disabilities; carers of persons with disabilities; benefits for carers of persons with disabilities
DOI: 10.33226/0032-6186.2023.12.6
JEL: K31

The purpose of the publication is to pay attention to the legal and factual effects of information provided in relations between the public administration and the party to proceedings in cases of social insurance. Considerations were based on two cases conducted in administrative proceedings and then in court proceedings. In the first case, it was assumed that not every incorrect information provided by a public administration body may be considered unlawful and result in liability under civil law. In the second case, reference was made to the effects of knowingly misleading the authority paying sickness and maternity the benefits as to the facts of actual business activity.

Keywords: information obligation; incorrect information; liability for misrepresentation; administrative proceedings; social insurance law; civil law
DOI: 10.33226/0032-6186.2023.12.7
JEL: K31

The article focuses on the subject and object analysis of the recently introduced provision in the Labour Code concerning the prohibition of discrimination against an employee performing remote work (Article 6729 of the Labour Code). The author considers the question of the relation of this regulation to general provisions on equal treatment. Ultimately attributing only informative value in this regard.

Keywords: equal treatment; discrimination; remote work
DOI: 10.33226/0032-6186.2023.12.8
JEL: K31

The author presents the jurisprudence of the Supreme Court – Chamber of Labor and Social Insurance regarding the issue of determining the moment of submitting a declaration of will to its addressee. It indicates a significant change in the Court's position in this respect in relation to declarations of will made in writing and delivered to their addressees by post. According to the latest judicature on this issue, the delivery of a letter containing a declaration of will meets the requirements of Art. 61 § 1 k.c. no later than the day following the notification, because in typical cases, notification of the shipment gives the addressee a real opportunity to become acquainted with the declaration of will.

Keywords: delivery; declaration of will
DOI: 10.33226/0032-6186.2023.12.10
JEL: K23, K31

Recently, another part of the Labor Law System has been published – the thirteenth chronologically and the twelfth in substantive order. The reviewed volume is devoted to administrative-leglal employment. The study proves the validity of the thesis that service relations law is the domain not only of administrative law, but also of labor law. For the first time in Polish legal literature, the subject of administrative-legal employment was presented so comprehensively. The elements of the service relationship, the relationships functionally related to it and the social provision system for officers and professional soldiers were presented comprehensively and mostly in depth.

Keywords: administrative-legal employment; official relation; officers from uniformed formations and special services; professional soldiers
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