Coping with Precariousness: How Social Insurance Law Shapes Workers' Survival Strategies in Vietnam

2020 ◽  
Vol 54 (3) ◽  
pp. 544-570
Author(s):  
Tu Phuong Nguyen
Keyword(s):  
Social Insurance ◽  
Survival Strategies ◽  
Insurance Law

scholarly journals Związek prawa ubezpieczeń społecznych z prawem cywilnym w świetle orzecznictwa sądowego – wybrane zagadnienia

2019 ◽  
Vol 16 (3) ◽  
pp. 79-97
Author(s):  
Anna Cicherska
Keyword(s):  
Disability Pension ◽  
Social Insurance ◽  
Civil Law ◽  
Employment Contracts ◽  
Insurance Law ◽  
Scope Of Application ◽  
The Moment

This study presents interrelations between social insurance law and civil law. The author describes the nature of social insurance law regulations and their influence on possible invocations of the civil law provisions with regard to cases based on social insurance law. Then, the scope of application of civil law in proceedings before a disability pension authority is presented. The author describes in particular invocation of the civil law provisions in connection with the need to verify accuracy and diligence in execution of social insurance obligations by premium payers. Based on examples selected by the author, the issues of examination of validity of concluded contracts (civil law contracts or employment contracts) and individual contractual stipulations aimed at verification of the moment of inception of entitlement to social insurance or accuracy of verification of premium assessment basis are presented.

DETERMINANTS CHARACTERIZING WORK IN SPECIAL CONDITIONS

2018 ◽  
Vol 1 (XVIII) ◽  
pp. 367-377
Author(s):  
Katarzyna Szlachta-Kisiel
Keyword(s):  
Social Security ◽  
Social Insurance ◽  
Indirect Evidence ◽  
Current Position ◽  
Retirement Pension ◽  
Insurance Law ◽  
The Right

The situation of the applicant applying for a retirement pension for work in a special conditions while not possessing the required work certificate confirming such a circumstance raises numerous interpretative doubts for each party to the proceedings. Determining whether a job is or is not a job in special conditions based on indirect evidence is a very common challenge which the Labor and Social Security Courts currently have to face. In this study I have characterized the premises whose combined existence allow for the assumption that a given work can be considered as performed in special conditions. On the basis of legal acts, the current position of doctrine and judicature, as well as taking into account the specificity of social insurance law norms, I indicate determinants characteristic for work in special conditions, the determination of which is crucial for the applicant’s acquisition of the right to retirement.

scholarly journals Związki prawa ubezpieczeń społecznych z prawem pracy

2019 ◽  
Vol 16 (3) ◽  
pp. 65-77
Author(s):  
Dorota Dzienisiuk
Keyword(s):  
Human Activity ◽  
Social Insurance ◽  
Insurance Risk ◽  
Labour Law ◽  
Insurance Law ◽  
Legal Methodology

Social insurance law and labour law have been intrinsically interrelated since the very beginning of their existence, as they cover the same sphere of human activity. At present we can observe that these relations are weakening mainly due to the continuously extending personal scope of social insurance law. The most important relations between social insurance law and labour law may be classified as relations of material (defining conditions of granting benefits), functional (legal methodology and political measures) and organisational (administrative) nature. A shift in the direction of the influence on shaping the rights and obligations of the labour relationship parties may be observed. It is no longer labour law that exclusively determines the situations protected (insurance risk), but to a broader extent both social insurance law and labour law are used simultaneously to reach a goal that is pursued.

scholarly journals Konstytucyjne podstawy prawa ubezpieczeń społecznych

2019 ◽  
Vol 16 (3) ◽  
pp. 7-20
Author(s):  
Krzysztof Ślebzak
Keyword(s):  
Social Security ◽  
Social Insurance ◽  
Insurance Law ◽  
The Subject ◽  
The Republic

The subject of this paper is related to the legal bases of social insurance law in the light of the 1997 Constitution of the Republic of Poland. The considerations undertaken herein indicate that although the Polish Constitution gave expression to the idea of social security, it seems that only on this foundation is the existence of the constitutional bases for distinguishing social insurance or social security law reasonable.

scholarly journals Dyferencjacja części płacy przeznaczanej na składki ubezpieczeń społecznych

2019 ◽  
Vol 117 ◽  
pp. 61-78
Author(s):  
Radosław Pacud
Keyword(s):  
Social Security ◽  
Interest Rates ◽  
Social Insurance ◽  
Economic Effects ◽  
Total Employment ◽  
Insurance Law ◽  
Legal Norms ◽  
Social Contributions ◽  
The One

DIFFERENTIATION OF THE PART OF WAGES ALLOCATED TO SOCIAL SECURITY CONTRIBUTIONSThe article is concerned with the legal conditions and economic effects of the behaviour of the addressees of the law which leads to the determination of different proportions of social contributions to the total employment wage. The conducted research points to the differences between the normative interest rates of social insurance contributions and the real part of wages set aside for social insurance contributions. The differentiation of the part of the wage earmarked for contributions is, on the one hand, the result of the implementation of legal norms and, on the other hand, the consequence of the decisions of the insured persons, which together should be the subject of legal assessment and the basis for choosing the optimal policy directions of social insurance law. The findings also have wider implications — the principle of differentiation in social security law has so far been only applied to the differentiation of the entitlement to benefits, but it should also be applied to the different contribution obligations.

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