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EN
The subject of this study is to analyze the legal arrangements for indexation of social security benefits. Now indexation is a legal and economic formal adjustment mechanism specified by the law, aimed at maintaining the real value of cash benefits performed annually and based on inflation rate, less frequently on the rate of payroll. It is provided for all the entitled persons and has a rather broad scope, including the provision of short and long term benefits. The paper provides the analysis of the nature of rights to indexation of cash benefits taking into account their legal guarantees. Functions of indexation affect the universality of its application, which entails significant financial implications for the state budget. Thus, the aim of this paper is also to discuss the issue of financing indexation.
EN
The article analyses the admissibility of the court revaluation of payments made under personal insurance with respect to judicial practice and scientific opinions. Article 358 1 § 3 of the Civil Code 1 allows a court of law to intervene in a contract or issue a relevant ruling, if the purchasing power of the currency changed significantly after the contractual obligation arose. To this end, a court of law has to assess the „significance” of the change and specify the measure to be used for revaluing a claim, if necessary. Besides, it should weigh the interest of both parties in each case, respecting the principles of community life. Within the area of insurance relations, court revaluation aims to compensate for inflation (deflation), thus protecting the interests of both contractual parties. The contractual parties in the insurance industry are insurance companies specialised in selling insurance policies on a mass scale and consumers, i.e. individuals in need of special protection. Court practice allows the revaluation of payments made under personal insurance (especially dowry insurance and deferred annuities). The admissibility of revaluing payments that have already been made and of multiple revaluations raises some doubts, though.
EN
This study concerns the ethical problems of personal data protection at work. The aim of this project is the analysis of the law structures, which determine the range of protection personal data of the employee and the candidate to work and the rights of data collecting and processing by the employer. The employee privacy protection at work is the principle of labour law expressed in Article 11 of the Labour Code. However personal data protection problem is directly regulated by Article 22 of the Labour Code, which entitle employers to demand certain personal data from the employees and the candidates to work. The regulation determine the list of data, which may be the subject of legal actions by employer in the field of collecting and processing of personal data. The most important issue is connected with the treatment of sensitive information, such as health data, drug testing and genetic testing, sex life, racial or ethnic origin, political opinions, religious or philosophical beliefs, trade-union membership. Personal data protection means the necessity of cooperation between the employee and the employer not only in the field determined by the law but on the basis of ethical values as well. Hence the employer’s obligation to keep from actions which directly interfere in employee’s protected personal effects. But the employee is obliged to give true information about himself in order to protect his health and life at work.
EN
The structure of the pension system is expressly indicative of the impact of individuals’ financial parameters on the pension rates. The legal guarantees of availability of insurance data and information are embodied in the obligations imposed on the operators active in the mandatory part of the system (National Insurance Authority and open pension funds) to verify and transmit information on the situation of pension policyholders and pension fund members. The information provided by the ZUS primarily concerns the factors that affect the amounts of future pension benefits. The most important information that participants receive from their pension funds, then, concerns the account balance and the financial results achieved by the fund of which they are members. An analysis of the existing regulations shows that the insureds’ right to information from both the ZUS and OPFs needs extending. Transparency of certain information concerning the OPF is conducive to developing a better understanding of the pension plan, ability to make the right decisions in respect of participation in the OPF, and increased activity within the optional private pension insurance schemes. This may be perceived as the State’s deliberate and systemic measures designed to develop the public’s insurance awareness.
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