scholarly journals Access to social security for digital platform workers in Germany and in Russia: a comparative study

2018 ◽  
Vol 7 (1-2) ◽  
pp. 17 ◽  
Author(s):  
Olga Chesalina

Abstract: A common feature of platform work in Germany and Russia is that in both countries the new forms of employment can usually only be classified as self-employed work in the form of ‘solo self-employment’, despite the fact that platforms use direct and indirect control mechanisms indicating a personal or at least an economic dependency of the digital workers on the platforms. The difference is that, in Germany, as the main rule, self-employed persons are not obligatorily insured in the state pesion insurance scheme, whereas in Russia, unlike Germany, the state pension insurance scheme is mandatory for all self-employed persons.Considering the different legal frameworks in Germany and in Russia, the article analyses various reform proposals aiming at tackling the above-mentioned challenges for the social security systems, and looks for adequate responses to ensure access to social security for digital platform workers. In particular, the following questions are investigated: Is it sufficient to subsume digital work under the existing employment categories? Could it be an appropriate solution for the access of digital workers to social security to introduce a new employment category only in social law?Keywords: digital platform worker, social security, self-employed person

2021 ◽  
Vol 6 (5) ◽  
pp. 57-62
Author(s):  
Makhmudjon Ziyadullaev ◽  

This article discusses proposals for making regardingchanges to the current law "On state pension provision of citizens", reforms carried out in the field of social protection of the population of the Republic of Uzbekistan, on the constitutional rights of citizens, especially pensioners, to receive social security, revising the criteria for determining the purpose and size social payments, the development of an integral state policy in the field of social protection of the population and the determination of the state agencyresponsible for its implementation


1985 ◽  
Vol 14 (4) ◽  
pp. 467-490 ◽  
Author(s):  
Norman P. Barry

ABSTRACTThis is a study of the prevailing state pension systems in Britain and the US in the context of a philosophy of welfare that has developed over the last decade. In this philosophy state welfare systems are justified in terms of their maximizing liberty and autonomy rather than merely social justice. It is argued that the state earnings-related pension scheme in Britain and social security in the US, because they are ‘unfunded’ and paid for out of current taxation, are not merely inefficient but also reduce the independence of individuals and impose high burdens on future generations. It is argued that no philosophical justification can be given for this imposition. The major theoretical flaw in state-managed pension arrangements, it is claimed, is the confusion of the welfare principle with the insurance principle.


Teisė ◽  
2010 ◽  
Vol 77 ◽  
pp. 34-49
Author(s):  
Vaidotas A. Vaičaitis

Straipsnyje analizuojama socialinio draudimo ir valstybinių pensijų sistema Lietuvoje, atskleidžiant, kad pirma sistema remiasi socialinio solidarumo principu, o antroji – atlyginimu už nuopelnus valstybei kri­terijumi. Straipsnio pagrindinė ašis – teisės į pensiją ir nuosavybės teisės santykis. Autoriaus nuomone, toks santykis egzistuoja tik netiesiogiai. Straipsnyje teigiama, kad socialinių išmokų dydis turėtų būti siejamas visų pirma su lėšų, surenkamų į socialinio draudimo fondą, dydžiu. Taip pat analizuojama ir ekonominė krizė, kaip tam tikra galima išimtis (force majeure) žmogaus socialinių ir ekonominių teisių srityje. The system of pensions (the social security pension and so called the state pension) in Lithuania is analyzed in the article. The social security pension is based on the principle of social solidarity, while the state pension is based on the idea of certain reward for merits granted for the particular society. The main issue of the article is to analyze relationship between one’s right to pension and right to ownership (property). According to the author, if such a relationship exists at all, it might be find only indirectly. Economic crisis as certain possible force majeure in the filed of human rights protection is also analysed in the article.


Author(s):  
T.G. Volkova

Due to the introduction of the digital economy on the territory of the Russian Federation and the urgency of the problem of implementing the distributed registry system (Blockchain) in various financial spheres, including the system of accounting for pension rights and obligations in the state and non-state pension systems, an attempt was made to assess the principles of implementing the Blockchain mechanism in the system of accounting for pension rights, insurance premiums and pension payments. The current system of centralized registries is based on the full confidence of its participants-clients. In particular, persons insured in the pension system. The non-transparency of the non-state pension component and the periodic changes in the state pension system seriously undermine this trust of citizens. Thus, the system of distributed registries that will solve this problem operates on the principles of transparency, availability for verification, reliability (security of transactions), economy, and trust on the part of customers. The article also considers the problem of formation and distribution of the accumulative pension component. The analysis of its losses and features of transfer to different pension organizations - participants of the state pension insurance system is carried out. It is proposed to solve the problems associated with these processes by implementing a system of distributed registries and smart contracts. In conclusion, the advantages and disadvantages of the distributed registry system are presented, as well as the difficulties of its implementation in the near future in the pension system of the Russian Federation are analyzed.


Author(s):  
Єлагін Віктор Павлович ◽  
Мартиненко Наталія Василівна

The article analyzes the state management of pension systems for the organization of the exercise of powers to administer pension contributions in the countries − members of the European Union. The models of organization of administration of pension contributions are investigated. As suggestions for priority areas of modernizing the pension system of Ukraine on the example of the experience of countries − members of the European Union, the following are highlighted: attracting employees to participate in financing the pension system; the introduction of mandatory funded pensions with the payment of additional contributions by employees in excess of the unified social contribution to compulsory state pension insurance and the transition to a conditional savings system; differentiation of the unified social contribution rate for compulsory state pension insurance taking into account the state of economic development of the regions (high, medium, below average).


2020 ◽  
pp. 249-256
Author(s):  
Iryna MYKHAILOVA

The article analyzes the legal regulation of financing the solidarity system of compulsory state pension insurance. It is established that the main financial burden in the pension system of Ukraine lies at the solidarity level of pension provision. It has been found that the solidarity pension system is unable to properly perform the priorities assigned to it, and is solvent only through financial support from the state, which negatively affects other social spheres: health, culture, education, science, etc. The author analyzes the incomes of the Pension Fund of Ukraine, which are divided into its own funds and the additional funds. Own source revenues are funds received from enterprises, institutions and individuals, as mandatory and voluntary contributions, as well as income from investments and income from financial sanctions for violations of current pension legislation. And additional funds are transferred to the Pension Fund of Ukraine from the State Budget of Ukraine, as well as from state trust funds. It has been established that in connection with the spread of COVID-19 on the territory of Ukraine, the state has provided measures to exempt certain categories of payers of the single social contribution from its payment. It is substantiated that the legally defined sources of budget formation and mechanisms of their accumulation do not contribute to a rapid increase in revenues to the Pension Fund of Ukraine and improve the level of pensions, so it is urgent to unload the solidarity level of mandatory state pension insurance and introduce accumulative level. It has been proved that the reform of the pension system of Ukraine should be aimed at minimizing the degree of dependence of the pension system of Ukraine on the solidarity level of pensions, because in modern conditions the joint responsibility of generations, which was relevant and effective in Soviet times, cannot effectively solve the problem of pensions, taking into account the development of unfavourable trends in demographic processes, rising unemployment, low wages, the formation of shadow payroll funds to distrust people’s pension system in Ukraine as such, as well as legal illiteracy in this area.


2015 ◽  
Vol 1 (3) ◽  
pp. 135
Author(s):  
Zuzana Horváthová ◽  
Josef Abrhám ◽  
Iva Chvátalová

The aim of the paper is to evaluate the state-of-play of social security with a focus on pension insurance in the Czech Republic and this due to the potential use of international agreements with individual countries of the European region. The contracts are divided in terms of whether the state is a part of the European Union, or remains outside that integration. The use of international agreements in the field of social security currently appears to be important for a number of reasons such as tourism, openness of the labour market, economic dependence on international trade and various kinds of migration. The issue is covered by interdisciplinary studies, where the knowledge of the humanities and economic fields mingles. Overall, the work provides a comprehensive overview of international agreements in the territory of the Czech Republic, not only in the period of the capitalism, but also captures the recent history, the period from the 1960s up to now, when the Czech Republic used to be a part of the socialist bloc, At that time most important become agreements and contracts with the former USSR.


2021 ◽  
Vol 16 (2) ◽  
pp. 152-168
Author(s):  
Bence Mérő

A befizetett nyugdíjjárulékok a járulékfizetők szempontjából részben megtakarításként értelmezhetők. Mivel lakáshitel felvételekor a járulékfizető hitelfelvevők nem férnek hozzá ezekhez a megtakarításokhoz, magasabb hitelösszeget kell felvenniük, ami után jellemzően magasabb kamatot kell fizetniük, mint amennyi a nem hozzáférhető megtakarításaik hozama. Ha az egyén szerződhetne az állammal arra, hogy a nyugdíjjárulékai egy részét előtörlesztésként felhasználhassa, és az államnál így keletkező hiányt kamatostul visszafizeti, akkor a hitelfelvevő életpályajövedelme növekedne, mivel a lakáshitelek kamata magasabb az államkötvények kamatánál. Ha az így keletkezett jövedelmet az egyén a nyugdíjkasszába fizeti, akkor hosszútávon a többletet fel lehet osztani az állam és az egyén későbbi nyugdíjkifizetése között. Bizonyos esetekben a hitelszerződés lejáratakor az egyén felhalmozott nyugdíjjárulékai akár 25-30 százalékkal is magasabbak lehetnek. A 2017-ben fennálló lakáscélú hitelek állománya esetében az alkalmazott módszer 20 éves időtávon reálértéken kb. 500 Mrd forinttal magasabb felhalmozott járulékfizetést eredményezhet. Ha 2018-tól kezdve minden újonnan megkötött lakáscélú hitel esetében biztosítjuk a szóban forgó lehetőséget, és ezért később magasabb nyugdíjakat is kapnak a programban részt vevők, az növelné az államadósságot, az elérhető nyugdíjtöbblet azonban nagyobb az állam által viselt terheknél. = Pension contributions may partly be considered as savings from the contributors’ perspective. Since borrowers cannot access this kind of savings when taking a mortgage loan, they need to borrow a higher loan amount, the interest of which is usually higher than the implied return on pension contributions. If contributors could contract the state to use their contributions for early repayment and pay the increased deficit of the state with interest, the life cycle income of the contributor could increase since the interest rate of mortgage loans is higher than government bond yields. If the difference is transferred to the state pension fund, in the long run it could be shared between the state and the contributor. In this way in some cases the accumulated pension contributions may be 25 to 30 percent higher at the expiration of the original loan contract. Considering the prevailing housing loans in 2017 in Hungary, the applied method could increase pension contributions by around 500 billion HUF at constant prices in twenty years. If from 2018 on, contributors could use their public pension savings regarding all new housing loan contracts, this would increase government debt, but the higher pensions in the future would be greater than the additional burden of the government.


2020 ◽  
pp. 72-96
Author(s):  
M. Yu. Zagirnyak

The early decades of the last century saw European philosophical thought becoming increasingly interested in the sociological extension of the idea of law. From the viewpoint of the sociology of law, law is formed in the process of social interactions and is not sanctioned by the state. Sergey Hessen and Georges Gurvitch base their conceptions of social law on the sociology of law in the 1920s and 1930s. They start a polemic in the pages of the journal Sovremenniye zapiski (Contemporary Notes). Although they differ radically in their definitions of the status of the state they concur in defining society as a set of social institutions and communities existing as instruments for expressing personal freedom. The social regulations they propose are already legal situations. Hessen and Gurvitch believe that the individual can fully exercise his/her freedom only in conditions of such legal pluralism. However, the concept of legal pluralism involves an inherent problem of preserving social unity: why is it that society does not fall into a range of autonomous social entities, each offering the individual its own legal order for actualising freedom? To solve this problem the philosophers use the concept of “the general will”. General will is an instrument of correlation between individual freedom and the development of society and culture as a whole. The object of philosophical dispute is how the general will is formed: 1) in the process of social self-organisation according to Gurvitch; 2) in the operation of the suprafunctional organisation (the state) according to Hessen. The difference in the grounding of the general will leads to a difference in the concepts of social unity: 1) sobornost according to Gurvitch and 2) solidarity according to Hessen. Analysis of the dispute between Gurvitch and Hessen brings out not only the differences in the interpretation of social unity but also the fundamental problems with the conceptions of social law.


2019 ◽  
Vol 10 ◽  
pp. 109-120
Author(s):  
JOHANNA MONSALVE ◽  
◽  
ALEXANDRA MOLINA ◽  
KIRA DUQUE

ince the entry into force of Law 100 of 1993, Law that brought about the privatization of health and the administration of pensions on behalf of private entities, entities and / or societies that belong to an economically privileged sector, they began a task and / or excessive competition, without adequate rules of the game, in terms of attracting its users. Over the years, connoisseurs of the subject have identified considerable shortcomings, regarding the lack of clarity in the administration of the resources of the affiliates, the absence of adequate information, lack of report of returns, among others, by of these entities. The protection and defense of the rights to protection and social security, to the vital minimum, to information, to dignity and to work, through labor jurisdiction, were sought to ensure that these bad practices carried out y the Private Funds were condemned. they administer the resources destined to the pension of Colombians, through the demands of nullity and / or ineffectiveness of transfer to deprecate that justice is given by the judicial courts and the AFPs are condemned, to carry out the transfer of all contributions, capital, pension bonus, income and interest, to the State Pension Fund administrator “Colpensiones”.


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