Prawny model ochrony pracy na własny rachunek – wprowadzenie do dyskusji

Duraj, Tomasz

doi:10.18778/0208-6069.101.01

Cited by 3 publications

(2 citation statements)

References 14 publications

Supporting

Mentioning

Contrasting

Unclassified

Order By: Relevance

“…Problematyce skali zjawiska samozatrudnienia w Polsce na tle tendencji ogólnoświatowych oraz wskazanie najważniejszych wyzwań poświęcone były opracowanie J. Cieślika (2019). Z kolei T. Duraj utożsamiając prowadzenie działalności gospodarczej z pracą na własny rachunek odnosił się do problematyki związanej z ochroną socjalną przedsiębiorców (Duraj, 2022). W literaturze można także spotkać pogląd, że problemem rozwoju działalności gospodarczej mogą być obciążenia składkowe.…”

Section: Wstępunclassified

“…The scale of the self-employment phenomenon in Poland against the background of global trends and the identification of the most important challenges were topics of the study by J. Cieślik (Cieślik, 2019). In turn, by equating business with self-employment, T. Duraj referred to issues related to social protection of entrepreneurs (Duraj, 2022). What Suchodolski M. mentioned as the greatest barrier for the development of local entrepreneurship in the opinion of entrepreneurs from selected powiats was the level of contributions to social insurance (Suchodolski, 2019).…”

Section: Introductionmentioning

confidence: 99%

See 1 more Smart Citation

Voluntariness of social insurance for entrepreneurs – de lege ferenda postulates

Kolek

2023

Economic and Regional Studies / Studia Ekonomiczne I Regionalne

View full text Add to dashboard Cite

Subject and purpose of work: The subject of this paper is to discuss the situation of entrepreneurs in the Polish social insurance system and to present postulates based on conclusions resulting from the analysis of the legal situation of entrepreneurs. Materials and methods: The institutional analysis method was used in the paper, which made it possible to present the situation of entrepreneurs in the Polish social insurance system. Based on the analysis of legal acts and the rules of the social security system, the main challenges and issues related to the non-agricultural business activity in Poland were pointed out. Results: As a result of the analyses, de lege ferenda postulates have been formulated indicating the need for changes in the area of social insurance for people engaged in non-agricultural business activity. Conclusions: Assuming that entrepreneurship is more valuable and that the right to social security can be exercised not only though the insurance process (but also by way of provision, cumulative, or assistance techniques), it is reasonable to introduce voluntary social insurance coverage for people engaged in non-agricultural business activities. With the introduction of voluntariness, it would be necessary to redefine the conditions of eligibility for the statutory minimum pension so that the rights to benefits are not abused.

show abstract

Section: Wstępunclassified

Section: Introductionmentioning

confidence: 99%

Voluntariness of social insurance for entrepreneurs – de lege ferenda postulates

Kolek

2023

Economic and Regional Studies / Studia Ekonomiczne I Regionalne

View full text Add to dashboard Cite

show abstract

Introduction into the international research project “In search of a legal model of self-employment in Poland. A comparative analysis

Duraj

2023

FOI

View full text Add to dashboard Cite

The purpose of the present article is to present to the readers the key concepts underlying the international research project funded by the National Science Centre and led by Prof. Tomasz Duraj titled “In Search of the Self-Employment Model in Poland. A Comparative Analysis”. The chief research task undertaken by the project participants is a complex legal analysis of self-employment – not only from the perspective of Polish regulations and case law, but also with regard to solutions existing in international and Union law as well as in selected European countries. The area of study covered such legal systems as those of the United Kingdom, Germany, Austria, Spain, France, Italy, Hungary, as well as Lithuania, Latvia, and Estonia. Most centrally, the results of the study will serve to develop an original legal model of self-employment in Poland, which will redefine the special status of the self-employed in an optimal way. The final result of the international research project are two twin studies to be published by Lodz University Press, one in Polish, in the form of a multi-author monograph, and the other in English, as two issues of the journal Acta Universitatis Lodziensis. Folia Iuridica. The present article demonstrates the scale, significance, and implications of self-employment as an atypical form of providing work, as well as the key scholarly objectives of the international research project and its importance for legal theory and practice. Next, the author discusses the concept and the plan of research work adopted in the project, the research methods applied, and the publication and popularization activities carried out by the project participants. The research undertaken under the project is innovative. This is because until now, no such large-scale study into the legal conditions of self-employment in Poland has been carried out. The final conclusions drawn in the research project make a significant contribution to the development of the theory of labour law and social security law, enriching the academic discourse in this area. An added value for Polish scholarly work is the organized study of foreign regulations on self-employment in selected European countries. Moreover, the de lege ferenda remarks prepared in the research project may be helpful to the Polish authorities in developing new legal solutions in the area of self-employment.

show abstract

Kilka uwag na temat stosowania pracy na własny rachunek z naruszeniem art. 22 Kodeksu Pracy

Duraj

2023

Studia Z Zakresu Prawa Pracy I Polityki Społecznej

View full text Add to dashboard Cite

A few comments on the use of self-employment in violation of Art. 22 of the Labour Code: conclusions from NCN Project No. 2018/29/B/HS5/02534 The main objective of the foregoing study is to show the causes and circumstances of the use of self-employment in violation of Art. 22 of the Labour Code, as well as an attempt to find solutions to effectively and efficiently combat fictitious self-employment. The legal solutions in force in this regard are not sufficient, and the scale of abuse is enormous. It is estimated that in Poland the number of self-employed people operating in conditions characteristic of an employment relationship varies between 130,000 and 180,000, although in my opinion these figures are greatly underestimated. The considerations presented here are the result of the research conducted under the direction of profesor Tomasz Duraj within the framework of a research grant funded by the National Science Centre entitled ”In search of a legal model of self-employment in Poland. Comparative legal analysis” (contract No. UMO-2018/29/B/HS5/02534 for research project No. 2018/29/B/HS5/02534).

show abstract

Prawny model ochrony pracy na własny rachunek – wprowadzenie do dyskusji

Cited by 3 publications

References 14 publications

Voluntariness of social insurance for entrepreneurs – de lege ferenda postulates

Voluntariness of social insurance for entrepreneurs – de lege ferenda postulates

Introduction into the international research project “In search of a legal model of self-employment in Poland. A comparative analysis

Kilka uwag na temat stosowania pracy na własny rachunek z naruszeniem art. 22 Kodeksu Pracy

Contact Info

Product

Resources

About