Labour and Social Security Journal 11/2023

Temporary Workers Employment Act of 9 July 2003 has been in force for 20 years. This period inclines to the assessment of this act. The assessment may be based, in particular, on amendments to the act introduced in that period. Some of them were aimed at a kind of promotion of this form of employment, but mainly they were aimed at providing temporary worker with protection adequate to their special legal status. Despite many amendments, the Act is not free from defects, and the scale of violations of its provisions is still large.

The article discusses the main factors determining the scope of employment in labor law and the model of work provided by self-employed people from the perspective of creating a target model of statutory selfemployment (codification). The analysis includes an overview of the relationship between selfemployment and the labor law system, the causes of the impact of self-employment on the labor market, and thus discusses the general approach to regulating self-employment in the EU and the potential directions of regulating self-employment in Poland. In particular, an attempt was made to answer whether the codification of self-employment as a legal basis for employment separate from labor law is the right direction and what social and economic factors determine the choice of the form of employment subject to labor law and the scope of work performed by self-employed people.

The article investigates the position of people with disabilities in the open labour market in Poland. Its primary objective is to determine the demographic and social characteristics of people with disabilities that improve or worsen their position in the labour market. The analysis is based on LFS aggregate and individual data of a stock and flow nature from 2015–2022. The analysis shows that people with disabilities are in a worse situation on the labour market compared to the able-bodied people with respect to the rates of economic activity, employment and unemployment, as well as indicators of the likelihood of finding and losing a job. The non-parametric analysis indicates that in the group of people with disabilities women, rural residents, people aged 15–24, with basic vocational, primary and incomplete primary education and with a severe degree of disability are in the worst situation on the labour market. The econometric analysis confirms that people with disabilities aged 15–24 and with general secondary and basic vocational education were most likely to lose their jobs and outflow to unemployment. The highest chances of outflow from economic inactivity to employment have people with disabilities aged 15–24, with post-secondary, secondary and higher education as well as city dwellers.

The article deals with major aspects of the amendment to the Labour Code of 1st December 2022 that introduced permanent rules concerning the performance of remote work. The definition and the types of remote work are presented, including regular remote work, remote work in extraordinary circumstances, and remote work on occasional basis. Author critically evaluates new regulations, and he regards remote work most of all as the pattern of work process organization and the method of performing employee duties.

The article is devoted to a analysis of the evolution of case law on employer liability for termination of employment contracts. The judgment of the Constitutional Court of November 27, 2007. SK 18/05 represented a revolution in the system of liability of the parties to the employment relationship. However, it did not resolve a number of important issues, which were left to the Supreme Court. These issues – for the most part – have already been resolved, but what is interesting is that over the years the position of the Supreme Court has undergone a fundamental evolution. The author presents this evolution and draws attention to some – continuing – doubts.

The subject of the gloss is the judgment of the Provincial Administrative Court in Wrocław of March 20, 2022, IV SA/Wr 611/21. On its basis, the court upheld the decision of the staroste refusing to confer the degree of appointed teacher on the complainant, considering that the period of doctoral studies should not be counted towards her internship. As part of the analysis, a critical assessment was made of the interpretation of Art. 279 sec. 3 of the Act of July 3, 2018 – Provisions introducing the Act – Law on Higher Education and Science, i.e. the provision on the basis of which the period of doctoral studies is included in the period of work on which employee rights depend. As part of this, the elements characterizing the status of a doctoral student were presented. It was explained – contrary to the court's position – that this status is not exhausted by educational elements. In the following part, the meaning of the term employee rights is explained. At the same time, reference was made to the meaning given to this term by Art. 174 § 2 LC Finally, pointing to the ratio legis of Art. 279 sec. 3, it was concluded that the period of doctoral studies belongs to the group of the so-called credited (credit) periods. Based on the above, it was found that the refusal approved by the administrative court to count the above period towards the period of experience required to obtain promotion to the rank of appointed teacher was clearly erroneous in its essence.

The author presents the jurisprudence problems related to the introduction to the polish law system of the socalled "ustawa dezubekizacyjna". Pursuant to this law, the period of service for a totalitarian state by an official cannot be counted when determining the basis for the calculation of his old-age; additionally, the amount of the benefit may not exceed the level specified in the Act. The study presents judicature of the Supreme Court in the subject scope, clearly indicating that in cases relating to the reduction of benefits under the aforementioned Act, there is a need to apply the socalled scattered control of the constitutionality of statutes, i.e. independent adjudication by courts on the non-compliance of an act with the Constitution. The Supreme Court took the position that the mechanism of reducing the old-pension amount to the level of the average pension payable in the general social insurance system (Article 15c(3) of the Act) is incompatible with the Constitution of the Republic of Poland for officers who successfully passed verification in 1990 and served free Poland in the following years, when the amount of this benefit "above" this indicator was determined in relation to the period of service after 1990. Keywords Constitution of the Republic of Poland, direct application of the Constitution, pension protection system for officers, principle of proportionality