Labour and Social Security Journal 06/2022

The study deals with key problems related to the implementation of Directive 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of Union law, which introduces uniform rules for the protection of whistleblowers for the entire European Union. The expiry of the deadline for its implementation provided for in the Directive has contributed to the assessment of the nature of the secondary legislation contained therein, which may also be relevant in subsequent disputes related to potential allegations of its incorrect transposition. The problem of the proposed scope of the subject matter of notification, which determines protection, contained in the draft law on the protection of persons who report violations of the law, was also analyzed as it does not take into account the international obligations of the Republic of Poland, emphasized in the case law of the European Court of Human Rights. The study also deals with the deficit of legal protection measures for whistleblowers in the planned Polish law.

This article aims to analyze the legislation in selected EU countries in the light of the Directive 2019/1152. The author focuses on the provisions of the Directive which are to improve the on-call workers protection standards. Based on the presented studies, the author also attempts to formulate the conclusions concerning the implementation of the Directive into Polish legal system.

The adequacy of old-age pension systems depends on the efficiency of retirement plans offered to individuals. The purpose of this study was to identify which macroeconomic factors influence the investment efficiency of voluntary pension funds and employee pension funds in Poland. We verified whether there is any relationship between the rates of return of voluntary and employee pension funds and selected macroeconomic factors. We found that nominal and real rates of return of employee pension funds depend on the WIG rate of return. In case of voluntary pension funds higher nominal rates of return resulted from both more aggressive investment policy and better competencies of asset managers. The research findings are relevant for social policy as they provide useful information how to tailor investment policy of supplementary pension plans to better achieve the social and economic goals of the old-age pension system.

The road transport sector in Poland is an important part of the Polish economy. The changes introduced in several stages as part of the mobility package will have a major impact on the economic situation of Polish hauliers. This package contains a number of regulations relating both to the competitiveness of transport companies in the EU and to the improvement of drivers' working conditions. This article concerns the new regulations on the working time of international transport drivers, resulting from the mobility package.

In the paper I analyse the reasons for and effects of the removal effective April 20, 2022 of the termination of the employment relationship as a condition for acquiring the right to a bridge pension and its replacement with the construction of suspension of the right to an old-age pension, known from the general pension. The deliberations lead to a conclusion about a lack of sufficient reflection on the change, which has accidentally deprived some of the interested parties an entitlement to compensation, and in relation to the bridge pension has not led to any significant improvement in the situation of the interested parties. Next, I indicate solutions that could be applied and formulate requirements that should be taken into account by the legislator in the future whenadopting legal constructions.

Cases related to sexual harassment are among the least frequently reported, despite the regulations that have been in force for many years which enable the victims to claim damages on this ground. The analysis of the Polish courts' decisions shows, however, that sexual harassment occurs in other cases — e.g. concerning unjustified termination of an employment contract, reinstatement or mobbing. The author reconstructs the ways sexual harassment is perceived and assessed by the Polish courts, as well as the reactions of employers and the environment of people who suffered from this form of sexual violence.

The author discusses the resolution of the Supreme Court provoked by the discrepancy of jurisprudence regarding the assessment of the legal consequences of paying the contribution for voluntary sickness insurance for a person who conducts non-agricultural business in an incomplete amount (in the amount lower than due) — resolution of the panel of seven judges of the Supreme Court of February 10, 2022, III UZP 10/21.