Labour and Social Security Journal 6/2020
Publication date: 2020
Place publication: Warszawa
Differentiation in social life and differentiation in law mutually enhance their positive feedback in the proces of legal development. The codification of private law at the beginning of 19th century seemed at first sight to warrant the triumph of law equal to all subjects. However, after a century and a half, we find the subjects of such a trivial contract as sale differentiated according to their status of a consumer or a business. Following such a logic of differentiation, at the turn of the 19th and 20th centuries emerged in the legal system the new branch of labour law. In this respect Leon Petrażycki (1867–1931) made a radical distinction between employer and employee whose loan claim, which covers existential needs of him and his family, fundamentally differs from any standard claim of private law, e.g. on behalf of purchase or hire.
In accordance with equally settled case-law, Article 267 TFEU gives national courts the widest discretion in referring matters to the Court if they consider that a case pending before them raises questions involving the interpretation of provisions of EU law, or consideration of their validity, which are necessary for the resolution of the case before them. Provisions of national law which expose national judges to disciplinary proceedings as a result of the fact that they submitted a reference to the Court for a preliminary ruling cannot therefore be permitted. Therefore the requests for a preliminary ruling made by Regional Court, Łódź, Poland and by the Regional Court, Warsaw, Poland, by decisions of March 26th, 2020, were dismissed. The author explains the reasons why the EU Tribunal issued such a judgment.
Progressive growth of digital economy and the development of collaborative economy (sharing economy) are interlined with recent emergence of new forms of employment on modern labour market. Crowd employment is one of new forms of work, using internet platforms to match the demand and supply in services. The article aims to elaborate on challenges to occupational safety and health deriving from the emergence and development of crowd employment in Poland. In the first part, the term and occurrence of crowd employment are clarified. The second part focuses on analysing crowd employment in Poland, based on desk-research. In the third part, challenges to occupational safety and health deriving form crowd employment are examined.
Article 28(1) of the Act of 13 October 1998 on the social insurance system enables the Social Insurance Institution (ZUS) to remit contributions receivable. The payer's application is settled in the form of a decision. The problem of remittance of social security contributions has recently been 'centralised' by the Social Insurance Institution (ZUS) and is dealt with by the Remission Centre. From a theoretical and practical point of view, it is important whether the entity issuing the decision is the Remission Centre (i.e. the head of the Remission Centre) or the Social Insurance Institution acting through the President of the Institution or employees of the Institution acting under the authority of the President of the Social Insurance Institution.
In the article, the author analyzes the possibility of combining a doctoral scholarship with maternity allowance in the case of childbirth or admission of a child during the education at doctoral school. The legislator, by allowing the PhD students to voluntarily take part in sickness insurance, has also granted tchem the right to benefits from this insurance. However, this right can be completely illusory in practice. PhD students retain the right to doctoral scholarship, which is obligatory for all doctoral students. Although if a child is born or a child is brought up, a doctoral student may suspend his education, but he is still entitled to a doctoral scholarship. If this scholarship is qualified as remuneration obtained under "scientific employment", the provisions of the Benefit Act would exclude the possibility of obtaining maternity allowance. It would be pointless to join the sickness insurance in this case. If we don't recognize the doctoral scholarship for a sui generis type of remuneration, it would allow the PhD students to receive simultaneous both maternity allowance and scholarship, which would be incompatible with the purpose and function of maternity allowance and also incompatible with the system assumptions of the Polish social insurance system.
The author describes the applicable regulations regarding the social insurance of authors and artists. The article also assesses the direction of changes proposed in the draft law on the status of professional artist. As discussed the solutions in the field of social security for authors and artists require swift intervention by the legislator. At the same time, the proposals for solutions contained in the project are not consistent with the assumptions of the current social security system and may negatively affect the entire system in this form, leading to its greater disintegration. The proposed solutions can be improved with the involvement of experts into the field of social security system.
The Grand Chamber of the Court of Justice of the EU on 8 April 2020 (case European Commission vs. Republic of Poland, C-791/19 R) has ordered the suspension of the Disciplinary Chamber of the Supreme Court. The Disciplinary Chamber of the Supreme Court may not conduct disciplinary cases against judges or transfer them to courts that do not meet the criterion of independence under EU law.
The author describes a judgment of the Supreme Court related to legal basis of medical rescuer's employment, which indicating the performing of this job should be based on the employment relationship because of his nature.
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