The paper is dedicated to a presentation of a fragment of the first phase of a comprehensive empirical study conducted in Białystok in the year 2015 (Biernacka head, Wądołowski, Wołyniec), with a focus on the young generation’s attitudes with reference to migration. Taking into account high unemployment rates in Poland and relatively meagre life chances comparing to many so-called old Europe countries, a life trajectory based on migration is recognized by many Poles as the only one that makes sense and is worth the effort. Thereupon, future orientation options to be selected by respondents in an original self-administered survey designed for the purpose of this project have been organized with a direct reference to migration. Those were investigated in particular contexts, with relation to study, job and remuneration prospects in their homeland and abroad. The project allows to envisage patterns of probable future behaviours of young generations in the country where migration in the early adulthood has become a common course of action.
A study of the management of the processes of regulation of remuneration in the context of ensuring the personnel security of enterprises proves that there is a close link between these management objects, which is conditioned by internal and external factors. The structural and functional components of the reference model of wage regulation have been determined, which makes it possible to form an effective motivational mechanism, increase labor productivity, ensure personnel safety and competitiveness of the enterprise. The formed model of regulatory management of remuneration with the definition of synergistic effect allows to determine the sequence of processes on the organization of work of the mechanism of regulation of remuneration in the context of ensuring personnel security. The conducted cluster analysis allows to evaluate the enterprises of the regions of Ukraine by the level of regulation of remuneration and personnel threats.
The article discusses the issues concerning the minimum wage. Remuneration is the inseparable element of work provided to the employer. Currently, numerous forms and types of it exist, among them the minimum wage which has been the subject of political and media discussions for many years. That subject attracts immense attention and on can find many different and contradictory opinions concerning it. The objective of this article is to draw attention to the issues of minimum wage in Poland analysing the results of own studies that were conducted in 2013. The questionnaire based survey covered 200 respondents, mainly employees, people searching for a job and employers. The questionnaire consisted of 21 questions with the legend (the last 5 questions concerning the sociodemographic situation of the respondents). The minimum wage in Poland is the subject of numerous arguments and disagreements among the employees, trade unions and the government; that is why the article presents not only the principles of minimum wage operation but also the consequences both positive and negative. It also presents the correlation between the costs of work and the minimum remuneration as well as its influence on employment moving from the discussion and analysis of own studies concerning the functioning of the minimum wage in Poland as seen by the unemployed, employees and employers. The vast majority of the respondents (79%) are for the minimum wage increase. And 69% of the respondents believe that the minimum remuneration has the largest influence on the employer.
Effective support for measures to protect ICT systems against cyberthreats is possible through the use of appropriate incentive schemes to motivate people hired by entities concerned with matters of cybersecurity. One such incentive involves an ICT benefit, paid from the Cybersecurity Fund managed by the minister competent for computerisation.
The main income determinants are: general economic situation, individual attributes of employees and characteristics of the workplace. However, there are also family duties which affect economic activity and wages, mostly in case of women who are the main care providers to children, the elderly, handicapped or sick. The aim of our research is to find out if the structure of the households influences the monthly remuneration of employees in Poland. The investigation consists in estimation econometric models which describe monthly remuneration on the basis of the microdata. Research is provided for the sample of employees regardless of gender, separately for male and female employees, and for women in three age classes. The analysis based on econometric models enables to find out that on average: (1) male employees earn significantly more than females, (2) married women earn less than unmarried ones while in case of men the situation is the opposite, (3) the motherhood penalty exists in Poland and (4) care providers for the elderly are mostly women, and care duties influence mostly remuneration received by women aged 25-54.
The presented opinion illustrates the Sejm’s position on the application lodged to the Constitutional Tribunal by the First President of the Supreme Court for an adjudication upon the conformity of the Act of 22nd December 2011 on Amendment of Certain Acts Related to the Implementation of the Budget Act (reference symbol of files K 1/12) to the Constitution. Sponsor deems the regulations retaining in 2012 the levels of judicial remunerations from previous year inconsistent with article 2, article 31(3), article 64(1–2), article 88(1–2), article 216(5), article 219(1–2), article 220(1) and article 221 of the Constitution. Sejm has rejected the sponsor’s claims, concluding that the contested regulations shall be deemed consistent with the Constitution.
The bill aims to introduce new rules for the remuneration of researchers employed at the units of the Polish Academy of Science. In the opinion of the authors, the proposed introduction of an analogous method of remuneration for these employees as is the case of other public universities raises significant doubts due to the scope of duties of employees of public universities, which is broader compared to the didactic activities of employees of scientific units of the Polish Academy of Sciences.
It was found that the Act on the Exercise of the Mandate of a Deputy or Senator, like other legislation, does not contain provisions which expressly forbid participation of the Deputies and Senators in international conferences and acceptation of remuneration for these activities. However, participation in foreign conference by a Deputy and acceptance of any gratuity therefor should not undermine the confidence of voters. To determine, if voters confidence may be affected, factors such as: the nature of the organizer of the conference, the theme of the conference and subject matter of the presentation given must be taken into account. The author points out that giving a speech at a foreign conference by a Deputy does not need to be reported to the Marshal of the Sejm in accordance with Article 33 para. 1 of the Act on the Exercise of the Mandate of a Deputy or Senator, if preparation and giving the lecture are subject to copyright.
The aim of this article is to present practical difficulties and their solutions and also to illustrate effects of the introduced amendment to Art. 29 § 2 of the Act of June 26, 1974 of Labour Code. The author shows how this regulation was shaped in previous amendments in his attempt to answer how the finally introduced amendments have improved the situation of employees. Consequently, the aim of the article is to present the benefits resulting from this change, but also the risks arising upon introduction of the latest amendment. The author considers the question whether the procedure, however simple from the point of view of the legislative technique, is not an unfortunate attempt to patch the legal gap, which is often the subject of abuse. In the text, the author also wonders how the amended provision affects the situation of people starting work and what it alters in the case of people who have been in the labour market for years.
The 1983 Code of Canon Law contains numerous instructions for decent support of clerics. Decent support should be such that it provides for the basic necessities of clerical life. The concept of “necessity” should be understood both as necessitas naturae (the temporal goods without which one cannot sustain himself) as well as necessitas personae (goods without which the human person can live but not in a dignified way). Decent support includes everything that is morally necessary for the priest to properly carry out his priestly vocation: food, accommodation, clothing, health care, social security, annual holidays, aiding parents or close family members, giving payment for assistance or further intellectual development. With respect to the issue of the cost of support, the code legislator sets out the general principle that it is to be “appropriate” for the clerical position he is in, and the two factors that make it possible to determine this “appropriateness” more precisely, namely: taking into account the nature of the tasks entrusted and the adjustment of the cost of remuneration to the circumstances of place and time.
The aim of this paper is to investigate the relationship between labour productivity and labour remuneration among agricultural and non-agricultural sectors in selected EU countries. The issue under investigation pertains to the question of whether remunerations for labour and their rate of growth are attributable to changes in labour productivity. The problem is analyzed via static and dynamic approaches. To carry out the research, the authors’ own analytical approach is used, while appropriate statistical data for 1995–2013 and methods are used to verify the hypothesis. The conclusion of the study is that the relationship between remuneration and productivity substantially differ across sectors and countries. Especially in the agricultural sector, one can observe that the level of remuneration and growth are weakly related to productivity growth.
In a recent judgment in ERGO Poist’ovňa, a.s. v Alžbeta Barlíková, the Court of Justice of the European Union attempted to clarify the ambit of Article 11 of Council Directive of 18 December 1986 on the coordination of the laws of the Member States relating to self-employed commercial agents, that is the circumstances where a commercial agent’s right to remuneration may be extinguished should a negotiated transaction not be executed between the principal and the client. Notably, the Court held that in the event of even partial non-execution of a negotiated contract between the principal and the third party client, provided it happened due to no fault on the part of the principal, the agent’s right to commission is proportionately extinguished. The paper discusses the judgment in the light of previous CJEU case law and the Polish transposition of the said European standards with a view to finding any potential divergences between the two. The paper notes two problems. First, Polish law, as opposed to Slovak law, does not recognize an automatic termination of an insurance contract in the event of default on the part of the customer. Conversely, whether such an effect eventuates is left to contractual discretion of the parties. Second, Polish courts have been recently willing to substitute unjust enrichment for contractual liability even where, it appears, complainants have valid claims under Article 7614 of the Civil Code.
The article considers pertinent issues related to social policymaking and its implementation in Ukraine. Emphasis is placed on remuneration as the key element of ensuring citizens’ welfare and economic development of the state. Remuneration plays one of the most important roles in the economic system and ensuring a decent standard of living. The wage reflects the employee’s welfare level and should be correlated with the qualification level and productivity in the production spheres or determined according to the set qualification criteria, quality assessment system and efficiency of employees in non-production spheres. Low remuneration standards and low correlation between wages and productivity affect the motivation of the workforce and reduce its economic and labour activity. The analysis of the minimum wage and subsistence level as the categories defining the status and directions of economic and social policy of the state has been performed. The minimum wage has a decisive influence on many social and economic processes. A significant issue in Ukraine is that establishing the minimum wage in the legislation is made without objective analysis and taking into account the financial and economic conditions that should be the basis for the state social policymaking. The minimum wage directly affects the volume and structure of the expenditure part of state and local budgets, as it is one of the basic elements for making the payroll of budgetary institutions and organizations. For business structures, the minimum wage is an indicator that reflects the economic and social policy of the state, as well as a microeconomic category that affects their current business activities and the production and financial strategy making. Some aspects of the current social protection system in Ukraine have been described. One of the main issues in Ukraine is the excessive number of legislative acts regulating social protection matters. Another important issue is that a significant number of benefits and social transfers, which are stipulated in the legislation and guaranteed to the citizens, cannot be implemented due to lack of financial resources in the state budget. Today, one of the priority tasks of the state policy is to address issues of reforming the social protection system and the introduction of new efficient mechanisms for financing and managing the social services system. It has been noted about the need to develop and set in the legislation a system of social standards and norms, as well as the development of a standardised mechanism for determining the minimum wage and subsistence level based on and depending on the socio-economic development indicators.
The article investigates the way Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights was implemented to the Polish copyright law. It pays special attention to the provision of art. 79 sec. 1 of the Polish copyright law that provides for payment of double or, where the infringement is culpable, triple the amount of respective remuneration that would have been due as of the time of claiming it in exchange for the rightholder’s consent for the use of the work and analyzes whether it constitutes punitive damages that are prohibited by the above Directive. It explains the reasons rooted in economic analysis of law behind it and outlines some possible risks arising therefrom.
According to Article 5a of the Act on the Exercise of the Mandate of a Deputy or Senator at the time of deprivation of liberty the Deputy is not entitled to receive parliamentary per diem allowance or a salary. The period of preliminary custody is calculated from the date of detention. An expiry of the period of preliminary custody or repealing of the decision by a court restores to the Deputy a full enjoyment of rights and obligations, and thus enables to receive a parliamentary per diem allowance and a Deputy’s salary.
The aim of this paper is to present the general issue of execution from remuneration for work and, in particular, the impact that the Act of 22 March 2018 on bailiffs had on changes in the Code of Civil Procedure. The paper uses the methods of critical analysis of sources and systematic review. So far, there has been no doubt that individuals employed under civil-law contracts are in a much worse situation than those employed under employment contracts. For this reason, the legislature wanted to protect them from execution, hence the introduc- tion of a means to make their situation equal in Article 833 § 21 of the Code of Civil Proce¬dure. Despite the good intentions of the legislature, this provision still raises doubts over the wording: ‘ensuring livelihood’. For this reason, the application of new provisions that limit the execution of recurring benefits aimed at ensuring subsistence - other than remuneration for work - requires appropriate action.
This article examines the impact that the remuneration of municipal representatives has on the political competition in the Czech Republic. Municipal representatives can perform their office either full time (an 'engaged' representative) or part time (a 'disengaged' representative). It is common in some small Czech municipalities for there to be no full-time representatives, and even mayors are disengaged. There is no central database or website in Czech Republic that contains a list of all the municipalities and disengaged representatives and it was thus very difficult to obtain the necessary data. However, the authors discovered an original method for determining whether representatives are (dis)engaged and created a unique dataset of almost 6000 Czech municipalities. They used a specific item in the expenditures of every municipality's budget that concerns compulsory social insurance payments and they sorted municipalities according to whether their representatives worked full time or part time before the 2018 Czech municipal elections. They used ordinary least square regression models to reach conclusions. The results revealed that the presence of full-time representatives before the municipal elections increased the number of candidates per seat. Therefore, the authors found that there is greater electoral competitiveness in municipalities with full-time representatives who have higher salaries.
In the article the authors discuss the salary system in the private sector in the Republic of Slovenia. They present relevant legislation dealing with remuneration, in particular the Employment Relations Act, which regulates individual employment relations and in a separate chapter regulates remuneration. Remuneration includes a salary and other additional payments. The authors treat all the components of a salary, i.e. the basic salary, extra payments, the part of the salary based on job performance, and the payment for positive business performance. Other additional payments are payments in kind or in money, in securities, or profit-related pay, i.e. the participation of employees in profit sharing. The authors also treat other income of employees laid down in the Employment Relations Act and collective agreements as well as the reimbursement of expenses related to work. The authors also focus on the obligatory content of an employment contract with reference to remuneration. Finally, they address open issues regarding types of other additional payments and possible solutions for determining individual remuneration instruments in collective agreements and in employment contracts.
The Act on Enforcement Proceedings in Administration contains a legal definitione of the term „remuneration”, moreover, it uses the phrases „remuneration from the employment relationship”, „execution from remuneration for work”. Considering the widespread use of an enforcement measure in the form of remuneration for work by administrative enforcement authorities, the question arises whether the Act uses the expression „remuneration” in the same sense as in the above phrases. The article is an attempt to seek answers to the above questions. For this purpose, first of all, the axis of research was related to the determination of the meaning of the term „remuneration” within the meaning of the provisions of the Act. Further research was devoted to a comparative comparison of the established meaning of the term „remuneration” with the phrases „remuneration from the employment relationship”, „execution from remuneration for work”. The set objectives determine the applied research formal-dogmatic method, which should contribute to answering the question.
PL
Ustawa – o postępowaniu egzekucyjnym w administracji zawiera legalną definicję terminu „wynagrodzenie”, nadto posługuje się zwrotami „wynagrodzenie ze stosunku pracy”, „egzekucja z wynagrodzenia za pracę”. Mając na względzie powszechne stosowanie przez administracyjne organy egzekucyjne środka egzekucyjnego w postaci wynagrodzenia za pracę, jawi się pytanie, czy ustawa posługuje się wyrażeniem „wynagrodzenie” w tym samym znaczeniu, co w powyższych zwrotach? Artykuł stanowi próbę poszukiwania odpowiedzi na powyższe. W tym celu, w pierwszej kolejności, oś badań odniesiono do ustalenia znaczenia terminu „wynagrodzenie” w ujęciu przepisów ustawy. Dalsze dociekania poświęcono porównawczemu zestawieniu ustalonego znaczenia terminu „wynagrodzenie” ze zwrotami „wynagrodzenie ze stosunku pracy”, „egzekucja z wynagrodzenia za pracę”. Wyznaczone cele determinują zastosowaną metodę badawczą formalno-dogmatyczną, która powinna przyczynić się do udzielenia odpowiedzi na postawione pytanie.
Celem opracowania jest próba oszacowania wynagrodzenia godziwego dla absolwenta studiów wyższych w Polsce. Godziwa płaca powinna umożliwiać zaspokojenie potrzeb pracownika jak i jego rodziny. Młody człowiek podejmując studia marzy o godziwym wynagrodzeniu za pracę po zdobyciu wyższego wykształcenia. Człowiek gromadzi i powiększa swój kapitał przez całe życie od chwili narodzin do momentu podjęcia pracy zawodowej. Zasady opłacania kapitału ludz-kiego są uwarunkowane naturą kapitału. Kapitał ludzki to nic innego jak kapitał ucieleśniony w zasobach ludzkich. Kapitał nie powstaje z niczego i ma swoje źródła, które umożliwiają jego wycenę w jednostkach pieniężnych. W przypadku absolwenta studiów magisterskich kapitał zgromadzony to suma skapitalizowanych kosztów utrzymania za okres 24 lat i skapitalizowanych kosztów profesjonalnej edukacji za okres 5 lat. Kapitał ulokowany w człowieku ulega rozprosze-niu na skutek choroby, wypadków, bezrobocia, wojen i innych zdarzeń losowych. Kapitał ludzki pracownika pomniejsza się również w efekcie wysiłku związanego z wykonywaną pracą, a także w związku z upływającym czasem. Wynagrodzenie jest kompensatą tego ubytku kapitału ludzkiego. Wielkość wynagrodzenia winna wynikać z zastosowania stałej ekonomicznej potencjalnego wzrostu. Dotychczasowe badania empiryczne potwierdzają, że stała ta kształtuje się na poziomie około 8% w skali roku. Przy wykorzystaniu modelu kapitału ludzkiego, którego autorem jest M. Dobija kapitał ucieleśniony w młodym człowieku może zostać zmierzony jak również dzięki wykorzystaniu teorii kapitału ludzkiego umiemy oszacować godziwe wynagrodzenie absolwenta studiów wyższych w Polsce czego dowodzą niniejsze rozważania.
EN
The main goal of this study is to make an attempt to estimate the remuneration equitable for a college graduate in Poland. The equitable remuneration should be enough to satisfy needs of the employees and their families as well. The youths, while starting the higher education, dream about the equitable remuneration after being graduated. Every man raises and extends capital for the whole life since the birth to the moment when he takes up a job. The rules according to which the human capital is paid are determined by the nature of the capital itself. The human capital is em-bodied in human resources. The capital is not an abstract idea and it has resources that enable to value the capital in monetary units. In the case of graduates the raised capital is the sum of capital-ized costs of living during the 24 years period and capitalized costs of the professional education during the 5 years period. The capital located in human is often dispersed as a result of illnesses, accidents, unemployment, wars or other random incidents. The employee’s human capital could also decreases as a result of the physical effort connected with the job and depends on time pass-ing. The salary should be the compensation of any loss in the human capital. What’s more, the size of the salary should be also the result of economic constant of potential growth implementation. Previous experiential research prove that the constant mentioned is about 8% per year. The theory of the human capital created by M. Dobija lets us measure the capital included in the youths. Thanks to the idea of the human capital we can also estimate properly the remuneration equitable for a college graduate in Poland, that was proved by consideration above.
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