Competitiveness of the Labour Market and the Welfare Burden on Employing Entities – Selected Reflections from the Polish Perspective (original) (raw)

Self-employment and the legal model of protection in Poland

Studia z zakresu Prawa Pracy i Polityki Społecznej

The growing popularity of self-employment, in which self-employed persons very often operate in conditions similar to those of employees, has necessitated the need to extend this category of workers to protection, which until recently was reserved exclusively for the employment relationship. De lege lata under Polish law, the self-employed already benefit from: legal protection in the field of life and health; protection against discrimination; a guaranteed minimum wage and protection of wages for work; the protection of parenthood; and also from coalition rights, which consequently gives them broad collective rights. The tendency to extend legal protection to selfemployed persons is consistent with both the standards of international and EU law, as well as the norms of the Constitution of the Republic of Poland. The aim of this study is to answer the question whether the legal protection of the self-employed should be extended at all, and if so, what should be the statutory model o...

’Employing’ of Self-Employed Persons

This paper deals with topic on potential legal consequences in case of contracted self-employed entities which would perform dependent activity (i.e. work). This paper provides a comprehensive overview of contracting self-employed persons to perform dependent work. This paper not only deals with legality of such practice in the Slovak Republic but also examines and assesses the legal practice of the relevant and competent public authorities in this sphere. Besides the evaluation of the legal situation in the Slovak Republic, this paper also provides an overview of the existing legislation mostly in the Czech Republic as well as an overview of recent case-law of the European Court of Justice in this particular sphere. In this paper author provide analysis of legal issue of employment of self-employed persons not only from the viewpoint of legal system of the Slovak and Czech Republic but also examines this phenomenon using an analytical and comparative method with selected European countries. The aim of this paper was from acquired knowledges draw conclusions and proposals de lege ferenda for the Slovak legislator and public authorities to improve the solution to this legal problem. In conclusion of this paper are mentioned recommendations for another research in this area.

Self-employment as a Form of Entrepreneurship Development in Rural Areas in Poland

International Scientific Days 2018. Towards Productive, Sustainable and Resilient Global Agriculture and Food Systems: Proceedings, 2018

The complex socioeconomic situation of the Polish rural areas and agriculture points to the need to reorient a significant part of the rural population, who should strive to undertake non-agricultural activities, mainly through self-employment. This study focuses on the issue of self-employment in rural areas. Since the early 1990s, the labour market in rural areas in Poland has undergone major political and economic changes. The purpose of this study is to explore the issue of self-employment as a form of entrepreneurship development in rural areas. This topic is presented as one of the elements of the labor market policy. In the research procedure, available secondary data were used, i.e. statistical data and the literature. Quantitative and qualitative analysis of self-employed persons from rural areas in Poland was also conducted. The presented data show a tendency towards positive changes in the group of self-employed persons from rural areas in the analyzed period.

Powers of Trade Union Activists Engaged in Self-Employment – Assessment of Polish Legislation

Acta Universitatis Lodziensis. Folia Iuridica, 2021

The objective of the foregoing article is an analysis of the rights which the Polish legislature granted to self-employed trade union activists after the extension of coalition rights to these persons. In this regard, the trade union law extended to self-employed persons working as sole traders protection, which until 2019 was reserved exclusively for employees. Pursuant to the amendment of July 5, 2018, self-employed trade union activists were granted – based on international standards – the right to non-discrimination on the basis of performing a trade union function, the right to paid leaves from work, both permanent and ad hoc in order to carry out ongoing activities resulting from the exercise of a trade union function, and the protection of the sustainability of civil law contracts which form the legal basis for the services provided. the exercise of a trade union function, and the protection of the sustainability of civil law contracts which form the legal basis for the servi...

Employment in Poland 2011. Poverty and Jobs

All opinions and conclusions included in this publication constitute the authors' views and do not necessarily reflect the official position of the Ministry of Labour and Social Policy. This report was prepared as part of the project Analysis of the labour market processes and social integration in Poland in the context of economic policy carried out by the Human Resources Development Centre, co-financed by the European Social Fund and initiated by the Department of Economic Analyses and Forecasts at the Ministry of Labour and Social Policy.

TACKLING BOGUS SELF-EMPLOYMENT: SOME LESSONS FROM ROMANIA

In recent years, recognition that bogus self-employment is rapidly growing, not least because of the advent of what has been called the 'gig,' 'sharing' or 'collaborative' economy, has led governments to search for ways to tackle this form of dependent self-employment that is widely viewed as diminishing the quality of working conditions. Until now, however, there have been few ex-post evaluations of policy initiatives that seek to tackle this phenomenon. Therefore, the aim of this paper is to provide one of the first ex-post evaluations by examining the outcomes of a 2016 legislative initiative in Romania to tackle bogus self-employment. Reporting both descriptive statistics and OLS regression analysis on monthly official data from August 2014 to August 2016, the finding is that while other business types and waged employment rates followed a similar trend to the years before the introduction of the new legislation, the number of self-employed started a negative trend after the new legislation was announced. After controlling for other indicators related to the economy (i.e. GDP) and labor market (i.e. employees, other companies, vacancy rates), the impact of the new legislation on the self-employed remains negative, offering reasonable grounds for assuming bogus self-employed was lowered by the new legislation. The paper concludes by discussing the wider implications of these findings.

Financial and Non-Financial Aspects of Entrepreneurship - the Polish Perspective

Financial Internet Quarterly

The phenomenon of entrepreneurship has various perspectives – economic, financial, social, and psychological. The aim of this paper is to present entrepreneurship from a perspective merging both financial and non-financial aspects of this phenomenon. The article presents two (complementary) aspects related to the phenomenon of entrepreneurship. One of the aspects described by author is the availability of financing for businesses in Poland (showing the issue in response to the most important obstacle to running a business), the other is shaping entrepreneurial attitudes. The section on sources of financing give an answer to the question of whether (and if so - to what extent) the problem of access to financing is a real barrier to starting a business in Poland. Presenting the perspective of students gives a new view on the subject and enables us to recognize factors that determine the decision to start a business among young people, knowledge of which may contribute to a change in a...

Entrepreneurship of Women in Poland and the EU – Quantitative Analysis

Women’s entrepreneurship is an important and interesting phenomenon from both economic and public point of view. It contributes to revive local and regional economic processes. In Poland, similarly as in other European countries, the situation of women on the labour market differs from men’s status of employment. Women’s entrepreneurship and their current situation on the labour market are being analyzed through the prism of differences which appears while comparing them with men. Differences are about the level of education, professional qualifications, payroll irregularities, also regulations and practices applied during the process of employing women. The purpose of this article is an analysis of women’s occupational activity on the base of statistical researches with particular reference to comparative surveys.

Poland: Employment Relationship from the Perspective of Individual, Collective Labor Law and EU Law

Fundamentals of Labor Law in Central Europe

In Poland, labor law is now an independent branch of law (within a uniform legal system). The employment relationship is a central concept in Polish labor law. This relationship has a specific legal character, which distinguishes it, e.g., from civil law, administrative law, and criminal law relationships. In the Polish legal order, employment does not must have an employee character (within the employment relationship). This chapter is devoted to Polish national regulations concerning employment contracts and collective labor agreements, with particular emphasis on their power to shape legal relationships. The content of the chapter shows the relationship between the individual and collective labor law. An analysis has been made of the compliance of Polish regulations on employment relationships with EU law. It also presents selected current regulatory issues of Polish labor law through the prism of issues concerning the formative power of an employment contract and a collective ag...