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Dr Wojciech Ostaszewski
ORCID: 0000-0002-7181-308X
Dr Wojciech Ostaszewski, PhD-Assistant Professor in the Department of Labour Law and Social Policy at the Faculty of Law and Administration, University of Warsaw; Attorney-at-law specialising in labour law, author and co-author of dozens of publications in the field of labour law and social insurance, including coauthor of the commentary to the Labour Code and the "Labour Law System".
DOI: 10.33226/0032-6186.2022.2.5
JEL: K31, K38

The article is devoted to a critical analysis of the concept created in the jurisprudence of considering a partner of a two-person limited liability company as an "illusory partner" and, as a consequence, attributing to the second partner the status of an "almost sole" partner for social insurance purposes. Such a qualification means that the "almost sole" partner cannot be employed in that company on the basis of an employment contract, and therefore such a person is not subject to social insurance on that account, but should be insured as a partner of a one-person company (i.e. a person running a non-agricultural activity). The authors present doubts concerning this concept both on the basis of national legislation and the Convention for the Protection of Human Rights and Fundamental Freedoms.

Keywords: : illusory partner; almost sole partner; employment of a partner in a limited liability company; social security; Convention for the Protection of Human Rights and Fundamental Freedoms
DOI: 10.33226/0032-6186.2021.10.6
JEL: K31

The aim of the article is to discuss the authorization of the Social Insurance Institution to question the amount of the remuneration determined in the employment contract for the purpose of determining the basis for calculating the contribution. The article briefly discusses the resolution of the Supreme Court of 27 April 2005. (II UZP 2/05) in which this entitlement was formulated. Moreover, the prerequisites for the application of the correction mechanism are presented and briefly discussed, as well as some comments on the application of the mechanism itself. Despite the extensive case-law of the Supreme Court on the application of the mechanism in question, Social Insurance Institution often seems to ignore this case-law. As a consequence, it seems advisable to undertake a scientific reflection on the discussed issue, especially with regard to the necessity of regulating the entitlement of the Social Insurance Institution in question in statutory provisions.

Keywords: remuneration; contribution basis; verification of remuneration
DOI: 10.33226/0032-6186.2020.7.6
JEL: I38

The regulation regarding mobbing was introduced into the Polish Labour Code by the Act of 2003. Since then, the issue of responsibility has been the subject of numerous analyses in doctrine as well as jurisprudence. Despite this, it can still seem controversial or arguable in many aspects. In 2019, the legislator decided to introduce a significant change in the conditions for the employer's liability in this respect. This article presents the issue of claims against the employer under the discussed title, and outlines issues enlisted in doctrine in this regard. Definite remarks were preceded by a brief outline of the content of the concept of mobbing in the Polish Labour Code.

Keywords: mobbing; employer liability; compensation; redress
DOI: 10.33226/0032-6186.2020.5.7
JEL: K31

The outbreak of the coronavirus caused the necessity to introduce new obligations in the field of health and safety at work. The article presents temporary changes in the system of prophylactic examinations, new obligations imposed on employers as well as discusses the practice of measuring body temperature before entering the workplace, recently popular among employers using the achievements of "science and technology" within the meaning of art. 207 § 2 of the Polish Labour Code.

Keywords: epidemic status; SARS-CoV-2; COVID-19; Occupational Health and Safety; work
DOI: 10.33226/0032-6186.2020.4.4
JEL: K31

Blockchain technology has many potential applications (for example land registers). Yet, most common and the most widespread basic usages are cryptocurrencies — bitcoin is based on this system. The abovementioned cryptocurrency is slowly impacting a change in the scope of the financial system functioning rules. Bitcoin is already used in commercial online transactions, money transfers (due to the extremely low costs of transferring significant sums) and as an investment asset. Interest in the cryptocurrency usage seems to be growing. It is true that for the time being this phenomenon is rather marginal and concerns mainly entities from the fintech industry, however, it should be emphasized that there are already employers in the world, who pay salary in cryptocurrencies (only in cryptocurrencies or by offering employees the choice between fiat currency and cryptocurrencies). The article presents the analysis of the admissibility of such practice in the Polish legal system.

Keywords: bitcoin; cryptocurrency; digital currency; salary; employee

Dr Wojciech Ostaszewski, PhD-Assistant Professor in the Department of Labour Law and Social Policy at the Faculty of Law and Administration, University of Warsaw; Attorney-at-law specialising in labour law, author and co-author of dozens of publications in the field of labour law and social insurance, including coauthor of the commentary to the Labour Code and the "Labour Law System".