Die Sozialversicherungspflicht von Organmitgliedern juristischer Personen des Privatrechts

2021 ◽  
Author(s):  
Björn Friedrich Christ
Keyword(s):  
Social Security ◽  
Legal System ◽  
Social Insurance ◽  
Corporate Law ◽  
The Social ◽  
The Relationship

The topic is not only current due to several judgments of the Federal Social Court on the social insurance obligation of GmbH managing directors. It also concerns fundamental questions of the relationship between social security law and corporate law, in particular with regard to the interpretation of the concept of employment within the meaning of Section 7 (1) SGB IV. In this context, it is elaborated that, due to the idea of the unity of the legal system, arrangements under corporate law are in principle also recognized as effective under social security law, although the requirement of foreseeability of facts under social security and contribution law constitutes a decisive limit. The content of this requirement is examined.

Mediasi Kepuasan Kerja dan Stres Kerja pada Hubungan antara Program Jamsostek dan Kinerja Karyawan Studi Kasus pada Perusahaan Swasta di DIY dan Solo

2013 ◽  
Vol 3 (1) ◽  
pp. 75
Author(s):  
Eny Sulistyowati ◽  
Totok Danangdjojo
Keyword(s):  
Job Satisfaction ◽  
Social Security ◽  
Job Stress ◽  
Work Stress ◽  
Program Performance ◽  
Social Security Program ◽  
Mediating Role ◽  
The Social ◽  
The Relationship

<span><em>This study aims to explain the influence of the Social Security </em><span><em>program on performance and job satisfaction and job stress as a mediating </em><span><em>variable. In addition, this study also describes the effect of job satisfaction on </em><span><em>the performance and the effect of work stress on performance. The relationship of </em><span><em>each variable in this research is to be measured by conducting a survey on 145 </em><span><em>employees of private companies that included in Social Security program on </em><span><em>DIY and Solo. Then the path analisys used to test the effect of social security </em><span><em>program performance in mediation by job satisfaction, performance and job stress</em><span><em>, job satisfaction, and examines the effect on the performance and the effect of </em><span><em>work stress on performance. The results showed that the social security program </em><span><em>significant positively affects job satisfaction and performance. Job satisfaction was </em><span><em>also positively and significantly affect performance. Even though mediating role </em><span><em>of job satisfaction in the relationship between social security program performance </em><span><em>partial. Because merely direct relationship between social security program with </em><span><em>greater performance than the mediating role of job satisfaction. Social Security </em><span><em>program did not significantly affect the stress of work, as well as job stress did </em><span><em>not significantly affect performance. Therefore, the mediating role of work stress </em><span><em>on the relationship between social security program with the performance did not </em><span><em>occur. Individual differences and work experience may be a factor that causes no </em><span><em>significant relationship between the two variables.</em></span></span></span></span></span></span></span></span></span></span></span></span></span></span></span></span></span></span></span><br /></span>

‘Employment suitable for capabilities’

2018 ◽  
Vol 20 (3) ◽  
pp. 242-252
Author(s):  
Michele Sammicheli ◽  
Marcella Scaglione
Keyword(s):  
Social Security ◽  
Economic Crisis ◽  
Disabled Persons ◽  
Careful Examination ◽  
Job Retention ◽  
Work Activity ◽  
Medical Issues ◽  
Italian Law ◽  
The Social ◽  
The Relationship

The authors1 trace the evolution of the social security concept of capability for work in ‘employment suitable for skills’. This principle emerged at the end of the 1930s during the Fascist period, and it is the foundation for the current Italian law (no. 222 of 1984) relating to social security insured sickness. Having described the concept and its historical evolution, they highlight the developments that have had to take place in the last decade, due to changes in working conditions and the growing economic crisis that has affected all of Europe. They then analyse three cases to confirm that the recent economic crisis in the Italian and European labour markets has had an impact on the medical-legal assessment of a work activity as suitable for the capabilities. A careful examination of the relationship between sickness, disability and capacity for work in other EU and non-EU countries is undertaken to highlight the delicate social and medical issues surrounding job retention and the return of disabled persons to work.

scholarly journals LOS REQUISITOS PARA A CARACTERIZAÇÃO DO TRABALHADOR RURAL COMO SEGURADO ESPECIAL À LUZ DOS JUÍZES JÚPITER, HÉRCULES E HERMES DE FRANÇOIS OST.

2020 ◽  
Vol 5 (2) ◽  
pp. 264-286
Author(s):  
Dariel Santana ◽  
Marcelo Borsio ◽  
Jefferson Carús Guedes
Keyword(s):  
Social Security ◽  
Qualitative Analysis ◽  
Cultural Differences ◽  
Rural Area ◽  
Legal System ◽  
Open Type ◽  
Rural Workers ◽  
The Social ◽  
Complex Cases

The purpose of this study is to critically analyze the requirements regarding the framing of rural workers as a special insured, confronting them with the reality of the Brazilian rural area. Therefore, as a methodology, the jurisprudence of the higher courts was researched, exploratory bibliographic research and qualitative analysis were used. In addition, empirical research was carried out, listening to the various actors in the social security processes. Here it will be demonstrated that judges Jupiter, Hercules and Hermes can live harmoniously within the scope of Social Security Law, with space for each one of them, depending on the complexity of the specific case set out. In less complex cases, where the legal text is able to offer the appropriate response to the conflict, it is time for the Jupiterian exegesis to be applied by the interpreter. In hard cases, however, the toga of the first must give way to the toga of the last two, since the literality of the text does not deliver the most appropriate solution to the social security dispute. In this sense, the open type for the characterization of the special insured has the considerable advantage of flexibility, allowing the operator of the law a topic-problematic interpretation, to find the best answer for the specific case, taking into account, therefore, the heterogeneities of this continental country, whose social, geographical, climatic, economic and cultural differences are colossal. The legal system has gradually moved away from Kelsen’s pyramidal metaphor and towards a more horizontal and intertwined normative system - much closer to the sphinx of the Memphis alabaster than to the Cheops pyramid - with interdisciplinarity as a vector of stabilization of the system and this will be demonstrated in this study.

scholarly journals The Scope of Protection and Financing of Social Risk in Poland on the Example of the Social Security Administration

2019 ◽  
Vol 1 (1) ◽  
pp. 835-842
Author(s):  
Roman Garbiec
Keyword(s):  
Social Security ◽  
Social Life ◽  
Social Insurance ◽  
Social Risk ◽  
Social Security Administration ◽  
Social Insurance System ◽  
Radical Reform ◽  
Social Risks ◽  
The Social ◽  
Scope Of Protection

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.

scholarly journals Institutional Design and Incentives for Migrant Workers to Participate in Social Insurance in China: Evidence from a Policy Experiment in Chengdu City

2021 ◽  
Author(s):  
Yihao Tian ◽  
Yuxiao Chen ◽  
Mei Zhou ◽  
Shaoyang Zhao
Keyword(s):  
Social Security ◽  
Migrant Workers ◽  
Security Policy ◽  
Social Insurance ◽  
Participation Rate ◽  
National Bureau ◽  
Social Insurance System ◽  
Insurance System ◽  
The Social ◽  
Social Security Policy

Abstract Background: Rural-to-urban migration has increased rapidly in China since the early 1980s, with the number of migrants reaching 376 million in 2020 (National Bureau of Statistics [NBS], 2020). Despite this sharp trend and the significant contributions that the migrants have made to urban development, migrant workers have had very limited access to the social insurance that the majority of urban workers have enjoyed. Methods: Based on the background of the social insurance system adjustment in Chengdu in 2011, we establish a difference-in-differences (DID) model to empirically test the impacts of change in social insurance policy contribution rates on migrant workers' social insurance participation rates, using the China Migrants Dynamic Survey (CMDS) data from 2009-2016.Results: The social insurance participation rate of migrant workers was significantly reduced after they are incorporated into the urban worker insurance system. Meanwhile, there is no significant change in the wages of migrant workers, but the working hours became longer and the consumption level turned lower. That is to say, simply changing the social insurance model of migrant workers from "comprehensive social insurance" to "urban employee insurance" reduces the incentives for migrant workers to participate in the insurance and harm the overall welfares of migrant workers.Conclusion: The design of the social security policy is an important reason for lower participation rate of migrants. Therefore, it is necessary to solve the problem of insufficient incentives through targeted social security policies. Specifically, the first is to formulate a social security policy contribution rate suitable for the migrants. The second is to establish a comprehensive social security policy and gradually integrate the social security system.

scholarly journals Fundamentos constitucionais da proteção social: continuidades e ruturas

2016 ◽  
Author(s):  
Ana Rita Ferreira ◽  
Daniel Carolo ◽  
Mariana Trigo Pereira ◽  
Pedro Adão e Silva
Keyword(s):  
Social Security ◽  
Social Insurance ◽  
Social Protection ◽  
Political Action ◽  
The Political ◽  
Constitutional Court ◽  
Universal Principles ◽  
The Social ◽  
Political Choices ◽  
The Right

This article discusses the ways in which the Constitution of the Portuguese Republic has embodied to the political choices made during the process of creating and defining a democratic welfare state and how the various constitutional principles are reflected in the architecture of the system and have gradually changed over the years. The authors argue that when Portugal transitioned to democracy, unlike other areas of the country’s social policies the social security system retained some of its earlier organising principles. Having said this, this resilience on the part of the Portuguese system’s Bismarckian template has not prevented social protection from expanding here in accordance with universal principles, and has given successive governments manoeuvring room in which to define programmatically distinct policies and implement differentiated reformist strategies. The paper concludes by arguing that while the Constitution has not placed an insurmountable limit on governments’ political action, it has served as a point of veto, namely by means of the way in which the Constitutional Court has defended the right to social protection, be it in the form of social insurance, be it in the imposition of certain social minima.

scholarly journals Institutional Design and Incentives for Migrant Workers to Participate in Social Insurance in China: Evidence From a Policy Experiment in Chengdu City

2021 ◽  
Vol 9 ◽  
Author(s):  
Yihao Tian ◽  
Yuxiao Chen ◽  
Mei Zhou ◽  
Shaoyang Zhao
Keyword(s):  
Social Security ◽  
Migrant Workers ◽  
Security Policy ◽  
Social Insurance ◽  
Institutional Design ◽  
Participation Rate ◽  
Social Insurance System ◽  
Insurance System ◽  
The Social ◽  
Social Security Policy

Rural-to-urban migration has increased rapidly in China since the early 1980s, with the number of migrants has reached 376 million by 2020. Despite this sharp trend and the significant contributions that migrants have made to urban development, the migrant workers have had very limited access to the social insurance that the majority of urban workers enjoy. Against the background of the social insurance system adjustment in Chengdu in 2011, this study uses a difference-in-differences (DID) model to empirically test the impacts of changes in the social insurance policy contribution rates on the social insurance participation rates of migrant workers, using the China Migrants Dynamic Survey (CMDS) data for 2009–2016. We find that the social insurance participation rate of migrant workers was significantly reduced after they were incorporated into the urban worker insurance system. There was no significant change in the wages of migrant workers, but the working hours were increased and their consumption level decreased. In other words, simply changing the social insurance model of migrant workers from “comprehensive social insurance” to “urban employee insurance” reduces the incentives for migrant workers to participate in insurance and harms the overall welfare of migrant workers. Our study indicates that the design of the social security policy is an important reason for the lower participation rate of migrants. It is necessary to solve the problem of insufficient incentives through the targeted social security policies; primarily, the formulation of a social security policy contribution rate suitable for the migrants, and the establishment of a comprehensive social security policy and the gradual integration of the social security system.

The Social Security Program of the United States

1936 ◽  
Vol 30 (3) ◽  
pp. 455-493 ◽  
Author(s):  
Joseph P. Harris
Keyword(s):  
Social Security ◽  
Old Age ◽  
Social Insurance ◽  
The United States ◽  
Economic Security ◽  
Social Security Program ◽  
Unemployment Compensation ◽  
The Social ◽  
Old Age Assistance ◽  
State Unemployment

The Federal Social Security Act, which may be regarded as the central core of the social security program, is an omnibus act, containing the following features: (1) a national, compulsory oldage insurance plan, covering all employees except certain exempted groups; (2) two measures designed to stimulate the states to enact state unemployment compensation laws, namely, (a) a uniform nation-wide tax upon employers, against which a credit is allowable for contributions made to approved state unemployment compensation plans, and (b) subsidies to the states to cover the administrative costs of unemployment compensation; and (3) grants-in-aid to the states for old-age assistance, pensions for the blind, aid to dependent children, child welfare, maternal and child health, vocational rehabilitation, and public health activities. It is estimated that each of the two forms of social insurance will apply to about 25,000,000 wage-earners, and, when the maximum rates become effective in 1949, will involve annual contributions of nearly $3,000,000,000. This amount is approximately equal to the normal annual expenditure of the federal government prior to 1930. In addition, the grants-in-aid to the states were estimated by the actuaries of the President's Committee on Economic Security to reach a total of a half-billion dollars annually within a few years.History of the Federal ActWhen, in a message to Congress on June 8, 1934, the President indicated that he would submit a program of social insurance for consideration at the following session, the Wagner-Lewis unemployment insurance bill and the Dill-Connery old-age assistance bill were pending. Shortly afterwards, the President, by executive order, created the Committee on Economic Security, consisting of the Secretaries of Labor (chairman), Treasury, and Agriculture, the Attorney-General, and the Federal Emergency Relief Administrator. This committee appointed Professor Edwin E. Witte, of the University of Wisconsin, as executive director, and proceeded to build up a staff of actuaries and experts to study the whole problem of economic insecurity, and to prepare recommendations.

Le vie cristiane della sicurezza sociale. I cattolici italiani e il welfare state

2013 ◽  
pp. 91-120
Author(s):  
Edoardo Bressan
Keyword(s):  
Social Security ◽  
Welfare State ◽  
State Model ◽  
Left Wing ◽  
Social State ◽  
Social Actors ◽  
The Social ◽  
Christian Socialism ◽  
The Relationship ◽  
The Welfare State

In Italy, from the 1930s until the end of the century, the relationship between the Catholic world and the development of the Social state becomes a very relevant theme. Social thought and Catholic historiography issues witness a European civilisation crisis, by highlighting problems of poverty and historical forms of assistance. Furthermore, by following the 1931 Pope Pius XI encyclical Quadragesimo anno these issues interacted with fascist corporativism. After 1945, other key experiences arose, as the discussion on social security as the conclusion of the whole public assistance debate shown. These themes are reported in the Bologna social week works in 1949 and in Fanfani's and La Pira's positions, which present several correspondences with British and French worlds, such as Christian socialism, Reinhold Niebuhr's thought and Maritain's remarks. The 1948 Republican Constitution adopts the Welfare State model assumptions, and it is in those very years that the problem of a system based on a universal outlook arose. Afterwards, governments of coalition led by centre and left-wing parties fostered social security through welfare and health reforms until the '80s. While this model falls into crisis, and new social actors begin to be involved in a context of subsidiarity.

A New Deal for the Alien

2012 ◽  
Author(s):  
Cybelle Fox
Keyword(s):  
Social Security ◽  
Old Age ◽  
Social Insurance ◽  
Assistance Programs ◽  
Aid To Dependent Children ◽  
The Social ◽  
Disparate Treatment ◽  
Old Age Assistance ◽  
Social Security Act ◽  
European Immigrants

This chapter focuses on the Social Security Act and the disparate treatment of blacks, Mexicans, and European immigrants in the administration of Social Security, Unemployment Insurance, Aid to Dependent Children, and Old Age Assistance. Though framed as legislation that would help the “average citizen,” scholars have shown that the Social Security Act in fact excluded the vast majority of blacks from the most generous social insurance programs, relegating them to meager, decentralized, and demeaning means-tested programs. European immigrants, by contrast, benefited from many of the provisions of the Social Security Act, and in at least some respects, they benefited more than even native-born whites. The net result of these policies was that blacks were disproportionately shunted into categorical assistance programs with low benefit levels, European immigrants were disproportionately covered under social insurance regardless of citizenship, and Mexicans were often shut out altogether.

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