scholarly journals ACTS OF SOCIAL INSURANCE LAW AS A SOURCE OF SOCIAL SECURITY LAW: CONCEPTS AND LEGAL СHARACTER

Author(s):  
Iryna Las’ko ◽  
2018 ◽  
Vol 1 (XVIII) ◽  
pp. 367-377
Author(s):  
Katarzyna Szlachta-Kisiel

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.


2019 ◽  
Vol 16 (3) ◽  
pp. 7-20
Author(s):  
Krzysztof Ślebzak

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.


2019 ◽  
Vol 117 ◽  
pp. 61-78
Author(s):  
Radosław Pacud

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.


2021 ◽  
Vol 10 (7) ◽  
pp. 266
Author(s):  
Walid Merouani ◽  
Claire El Moudden ◽  
Nacer Eddine Hammouda

State legitimacy and effectiveness can be observed in the state’s approach to delivering welfare to citizens, thus mitigating social grievances and avoiding conflicts. Social security systems in the Maghreb countries are relatively similar in their architecture and aim to provide social insurance to all the workers in the labor market. However, they suffer from the same main problem: a low rate of enrollment of workers. Many workers (employees and self-employed) work informally without any social security coverage. The issue of whether informal jobs are chosen voluntarily by workers or as a strategy of last resort is controversial. Many authors recognize that the informal sector is heterogeneous and assume that it is made up of (1) workers who voluntarily choose it, and (2) others who are pushed into it because of entry barriers to the formal sector. The former assumption tells us much about state legitimacy/attractiveness, and the latter is used to inform state effectiveness in delivering welfare. Using the Sahwa survey and discrete choice models, this article confirms the heterogeneity of the informal labor market in three Maghreb countries: Algeria, Morocco, and Tunisia. Furthermore, this article highlights the profiles of workers who voluntarily choose informality, an aspect that is missing from previous studies. Finally, this article proposes policy recommendations in order to extend social security to informal workers and to include them in the formal labor market.


Author(s):  
Anhelita Kamenska ◽  
Jekaterina Tumule

Abstract This chapter discusses the link between migration and welfare in Latvia. In general, the Latvian social security system may be described as a mixture of elements taken from the basic security (where eligibility is based on contributions or residency, and flat-rate benefits are provided) and corporatist (with eligibility based on labour force participation and earnings-related benefits) models. The country has experienced significant social policy and migration-related changed during the past decades. This chapter focuses on the current Latvian legislation, by closely examining the differential access to social protection benefits of resident nationals, foreigners living in Latvia and Latvian citizens residing abroad across five core policy areas: unemployment, health care, pensions, family benefits and social assistance. Our results show that the Latvian social security benefits are generally based on the principle of employment, social insurance contributions, and permanent residence. Most of the social benefits and services are available to socially insured permanent residents. At the same time, the state offers minimum protection to non-insured permanent residents. Foreigners with temporary residence permits who are not socially insured are the least socially protected group.


2019 ◽  
Vol 1 (1) ◽  
pp. 835-842
Author(s):  
Roman Garbiec

AbstractSocial risks are an unusual type of risks occurring in insurance. Their specific feature is the implementation of risk in the sphere of social life of a person with special regard to the work environment. Social risks are an element of research in economics and law and in social policy. The author of the paper shows that the structure of the Polish social insurance system is not optimal and requires radical reform. This paper contains, among others, characteristics of the scope of protection of social risks identified in Poland by Social Security Administration and the basis for financing benefits from this system. The summary of the paper presents opinions on improving the financial efficiency of this system.


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