Piotr Prusinowski

Elimination of position against termination of an employment contract
The concept of elimination of a job position does not appear in the Labour Code, however, it is commonly used in legal discussion. An attempt at clarifying its meaning encounters considerable difficulties, which is related to the fact that the term “position” is ambiguous. The relationship between the position and the type of work remains particularly disputable. The indicated issue becomes relevant when the contract of employment is terminated due to elimination of a job position. In this case, the way the elimination of a position is understood has a direct impact on the legitimacy of claims made by the employee. Employer finds itself in a favourable situation due to the perception of this term as being dominated by the  rganisational aspect. In many cases it is impossible to effectively terminate the employment contract by equating a job position with the contractual type of work.

Decision-making resulting from article 30 § 4 of the Labour Code

The author discusses difficulties concerning the employer’s obligation to indicate the reasons for termination of the contract of employment. Firstly, the author analyses stages of decisions – making and possible interpretative patterns, as well as interpreting difficulties. Then, the article presents relations between article 30 § 4 of the Labour Code and article 45 § 1 of the Labour Code. Finally, the author describes time aspect of the termination of the contract from the point of its reasons.
 

Increasing the interest rate of accident insurance contribution on the basis of Article 34 of the Act on Social Insurance against Accidents at Work and Occupational Diseases

The amount of contribution for accident insurance is changeable. It depends on the degree of occupational hazards and their subsequent effects. However, the legislator has introduced a solution that disregards this determinant. In Article 34, Sections 1 and 3 of the Act on Social Insurance against Accidents at Work and Occupational Diseases the legislator entitled the pension authority to fix the contribution rate in the amount of 150% for the period of one year. This applies to contribution payers who have failed to submit data or have submitted data or have submitted incorrect data. Legal nature of this responsibility is disputable. The provision does not explicitly stipulate that such responsibility is being formed on the principle of fault. As a result, the provision of Article 34 became the subject of divergent judicial decisions and inconsistent statements in the relevant literature.