The right to non-discrimination and equal treatment is currently the foundation for the functioning of a democratic state ruled by law. It should be noted that the provisions of international and EU law as well as the provisions of the Polish constitution guarantee them to every person, regardless of any features and basis for performing paid work. Despite this, until the end of 2010 in Poland, only persons employed under an employment relationship were protected in this respect. This changed with the adoption on December 3, 2010 of the Act on the Implementation of Certain European Union Laws on Equal Treatment, which introduced certain protective guarantees for people who work on other legal bases, including self-employed persons. The main purpose of the speech will be to analyze the current provisions on the protection of the self-employed against discrimination and unequal treatment and to formulate de lege ferenda conclusions.
The subject of the paper is the issue of rules of being subject to a Polish social insurance by persons conducting non-agricultural business activities. Under the Act of 13 October 1998 on Social Insurance System these law regulations have undergone a significant transformation over the last twenty years. Until 2018, the law regulations were widely criticized, mainly due to the amounts of social insurance contributions, and also due to the low flexibility of social insurance regulations. The Act of 6 March 2018 on the Entrepreneurs Law introduced a number of solutions that made this non-agricultural activity a flexible title of Polish social insurance. The paper also contains an analysis of social insurance eligibility criteria and rules of the overlapping titles for insurance coverage. The paper concludes with possible implications of the current model for the self‑employed insurance in Poland.
The aim of this paper is to analyse collective labour rights of self-employed persons under the Spanish Statute of Self-Employed Workers. It shows that among all self-employed workers, only economically dependent self-employed workers are granted the right to bargain collectively. However, in practice, collective bargaining is stymied mainly because it takes place only at the enterprise level, and because the number of economically dependent self-employed workers is minimal. Thus, collective labour rights under the Statute could be better protected. On the other hand, in Poland, the lack of any criteria that would enable a diversification of the scope of collective rights granted to self-employed persons is subject to criticism. It appears that in some areas the legislator shall differentiate the scope of protection. The criterion of economic dependence, which exists in Spanish law, could be successfully used for this purpose.