Dagmara Skupień
Studia z Zakresu Prawa Pracy i Polityki Społecznej (Studies on Labour Law and Social Policy), Tom 30 Zeszyt 3, Volume 30 (2023), s. 221 - 234
https://doi.org/10.4467/25444654SPP.23.017.17898The possibility of finding work is one of the factors encouraging irregular migration. This article analyses Polish legislation setting up duties and sanctions for employers who have conferred work to third-country nationals illegally staying in Poland. It also discusses legal consequences of undeclared work for foreigners. The author examines Polish rules combating employment of undeclared migrants in light of the aims of the Directive 2009/52/EC and presents conclusions about their effectiveness.
ASJC: 3308, JEL: K31
Dagmara Skupień
Studia z Zakresu Prawa Pracy i Polityki Społecznej (Studies on Labour Law and Social Policy), Tom 29 Zeszyt 3, Volume 29 (2022), s. 279 - 290
https://doi.org/10.4467/25444654SPP.22.023.16568Self-employment in the European Union in the light of legal regulations and case law
Self-employment is the subject of both EU regulations and case law of the Court of Justice of the European Union. On the one hand, EU law ensures self-employed persons freedom to provide services and freedom of establishment by removing barriers and protecting against discrimination. On the other hand, EU law aims to combat bogus self-employment and to provide social protection for the self-employed, recognizing the wide spectrum of their labour market situation. The case law of the Court of Justice of the European Union, discussed in this article, plays an important role in extending the personal scope of the concept of ‘worker’ under various social policy directives to persons who perform work on a basis other than an employment relationship, working under similar conditions.
ASJC: 3308, JEL: K31