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Aktualności BHP (OSH News) 2021/I171 (01-02)

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Category: Aktualności BHP
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  •  News
    • Higher penalties for employers for offenses related to the enforcement of maintenance payments (3)
      Since December last year, new regulations have been in force to penalize the violation of the employer's obligations related to the enforcement of maintenance claims. The existing catalog of offenses against employee rights included in the Labor Code has been extended to include new offenses. An employer who prevents or hinders the maintenance enforcement in the manner specified in the Labor Code is subject to a fine of PLN 1,500 to PLN 45,000.
    • From 1 January 2021, the Social Insurance Institution must be informed about the conclusion of a contract for specific work (4)
      The provisions of the anti-crisis shield introduced the obligation to inform the Social Insurance Institution about contracts for specific work concluded from the new year. The Social Insurance Institution must keep records of such contracts. Contracts concluded from 1 January 2021 must be indicated in the new RUD form (Notification of a specific work contract). It must be submitted within 7 days from the conclusion of the contract for specific work.
  • Court case law
    • An accident caused by a forklift truck is an accident resulting from the operation of an undertaking (5)
      An employer who has a production plant or other plant driven by natural forces is responsible for any damage caused by the movement of that undertaking on a strict basis. This also applies to damage caused by the movement of machines, such as forklifts, or constituting part of a certain technological and transport chain belonging to the employer's enterprise.
  • COVID-19 and OHS
    • Change in regulations: SARS-Cov-2 virus in risk group 3 (7)
      Amendments to the regulation on harmful biological agents for health in the work environment and the protection of health of workers exposed to these factors have entered into force. Coronavirus is included in the group of harmful biological agents that can cause serious diseases in humans, are dangerous to workers, and are very likely to spread to the human population. On the other hand, employers are required to update the occupational risk assessment.
  • The subject of the issue
    • Organization of safe work of the welder. Where to start (8)
      Welding plants are a properly adapted room or a separate part of a room where welding stations are located. Welding work is hazardous work and is associated with numerous risks. As it turns out, both welders and the people supervising their work do not always have sufficient knowledge about the risks of harmful chemical and physical factors occurring in welding processes and the necessary measures and methods of protection against such threats. However, it is worth remembering that in order for the welder's work to be safe, it is necessary to ensure not only the knowledge of these risks, but also that the work rooms meet the relevant requirements.

      Read more: Aktualności BHP (OSH News) 2021/I171 (01-02)

Aktualności Ochrony Środowiska - wydanie specjalne (Environmental Protection News) 2021/85

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Category: Aktualności Ochrony Środowiska
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  • Subject of the issue: Find out how to store waste in accordance with the law
    Environmental protection regulations are changing very dynamically. The tightening of waste storage regulations is a big problem due to the high costs of adapting these places to the new conditions. You can read more about the applicable guidelines in the article.

Aktualności Ochrony Środowiska (Environmental Protection News) - the whole list

Aktualności Ochrony Środowiska (Environmental Protection News) 2021/182

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Category: Aktualności Ochrony Środowiska
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  • Subject of the issue: Find out what the rates of environmental fees are in 2021. Entities
    using the environment submit to the voivodship marshal lists containing information and data on the use of the environment and the amount of fees due for the use of the environment for the previous calendar year by 31 March next year.
  • New regulations on calculating the WEEE collection rate
    The minimum annual level of waste equipment collection is calculated as a percentage of the annual average weight of equipment placed on the market, while the detailed method of calculating the minimum annual level of waste equipment collection is specified in the annex to the regulation. Details below.
  • Attention! New penalties in the Environmental Protection
    Ministry of Climate and Environment has developed a draft law amending the Environmental Protection Law (hereinafter: the Act EPL ), which will amend the provisions on the National Register of Pollutant Release and Transfer, including introduce new administrative sanctions. The act will be amended to adapt the current provisions on the Register to the new EU regulations.
  • Entrepreneur's obligations in February 2021
  • Don't forget to report to BDS!
    The Reporting Database (BDS) on Ozone Depleting Substances (ODS) and Fluorinated Greenhouse Gases (F-Gases) is an online system through which reports on, inter alia, the marketing and use of these substances. It was established pursuant to Art. 41 paragraph. 1 of the Act of May 15, 2015 on substances that deplete the ozone layer and on certain fluorinated greenhouse gases.

    Read more: Aktualności Ochrony Środowiska (Environmental Protection News) 2021/182

Monitor Prawniczy (Law Monitor) 2020/24

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Category: Monitor Prawniczy
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  • News
    • Reconciliation of the content of the land and mortgage register with the actual legal status and discontinuation of enforcement proceedings
    • The amount of the attorney's remuneration paid by the State Treasury
    • An administrative court refers the case to closed session
    • Exception to the right to withdraw from the contract
    • Cross-border treatment based on religion
    • Consent to the processing of personal data
  • Articles
    • On the optimal model of group law. Critical remarks on the corporate law draft of July 20, 2020 (part II)
    • Limitation of interest claims - limitation periods and their course
    • Selected current legal issues related to the lease of state-owned agricultural real estate
    • Biometric ID card
    • Scope of tasks (duties) of a family probation officer versus an adult probation officer
    • Safety of non -mass events and exposure to danger. Assumption of guarantor's obligations free of charge

Monitor Prawniczy (Law Monitor) - the whole list

Aura - Ochrona Środowiska (AURA Environmental Protection) 2021/01

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Category: Aura Ochrona Środowiska
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  • Technological curiosities from around the world
    More effective desalination Production of cheap, fresh water may soon be possible, thanks to researchers from the University of Texas and Penn State . They managed to solve a problem that scientists had been grappling with for decades. The membranes used in the desalination process and in the general removal of other chemicals from the water are the primary means of water treatment. However, the reactions taking place there are so complicated that there is still a lot of room for research. A group of scientists has solved the difficult problem of these processes, which could lead to cheaper obtaining clean water. They found that desalination membranes have different density and mass distribution, which can affect their performance. The key to efficiency is to be uniform density at the nanoscale. Reverse osmosis systems are a commonly used method of water purification. For the past 40 years, it has not been fully known how exactly fluid moves through them.
  • Powers of the Environmental Protection Inspection with regard to the offenses specified in the "new" Water Law Act
    Can the inspector of the Environmental Protection Inspection impose a fine by way of a penal mandate in the case of offenses specified in the Water Law Act of 20 July 2017? Can he apply a caution to these offenses?
  • Man causes extinction of mammals, not climate
    Scientists differ in opinions about the causes of extinction of mammals in prehistoric times. Some point to human activities, others to climatic fluctuations, or to the combined human and climate influences that would best explain past extinctions, including representatives of megafauna . According to the latest research, the extinction of mammals in the last 126 thousand. years had more to do with negative human influences than with climatic factors. Human influence explains 96% of all mammalian extinctions at this time.
  • Chrobry was the first
    Will the hare survive under the copper plateau? Will the toad resist human aggression? Can the lynx avoid the poacher's barrel? My neighbor says yes. On one condition, however, that man shows maximum reason and empathy. Unfortunately, it doesn't. It is so and it was so. That is why the greats of this world have long, ex officio, protected the natural heritage. On different ways. The ancients sheltered nature objects for religious and moral reasons. This is how the huge erratic boulders that served as sacrificial altars for priests survived. Thanks to beliefs, the Egyptian scarab lived in luxury. For the same reasons, sacred cows, monkeys and crocodiles were protected in India. The oldest information on nature conservation comes from Asia.

    Read more: Aura - Ochrona Środowiska (AURA Environmental Protection) 2021/01

Monitor Prawa Pracy i Ubezpieczeń (Labor Law and Insurance Monitor) 2021/01

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Category: Monitor Prawa Pracy i Ubezpieczeń
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  • Subject of the issue: Industry Shield 6.0 - what solutions does it provide for employers
  • You need to know about it!
    • An employee in quarantine - answers to questions from the practice (5)
    • Can a foreigner's work permit be revoked as a result of downtime caused by a pandemic (10)
    • On February 1, 2021, the deadline for the entrepreneur to apply to the small ZUS plus 2021 will expire (13)
    • Zero PIT for young people and other changes in taxes for employees in 2021 (19)
  • The Office for Personal Data Protection explains
    • How to control the correct use of a sick leave so that it complies with the provisions of the GDPR (23)
  • Answers to HR questions
    • Can those employed under a specific task contract use the company's social benefit fund (25)
    • How to implement a task-based working time system for one employee only (25)
    • Is it possible to justify the absence of an employee staying in quarantine, if there is no information about it in the IT system of the Social Insurance Institution (25)

Monitor Prawa Pracy i Ubezpieczeń (Labor Law and Insurance Monitor) - the whole list

UDT Inspektor (TIA Inspector) 2020/04

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Category: UDT Inspektor
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  • A new model of laboratory services of the Office of Technical Inspection (UDT) (4)
    An interview with Wojciech Manaj , director of the Central Laboratory of Technical Inspection
  • UDT launches NDT mobile laboratories (8)
    Developing a new service model and increasing the availability of laboratory services are among the goals of UDT's strategic activities undertaken in recent years. The stages of achieving these goals were: creating a network of stationary and mobile laboratories at UDT, including ensuring appropriate measurement and research equipment, developing the competence of laboratory staff, implementing new research methods.
  • Management systems and business continuity during a pandemic - experience from this year's management system audits (10)
    The supplies of energy, water and food are of fundamental importance for society, and their security is one of the elements that characterize highly developed countries. Anticipating threats and actions taken to minimize their adverse effects are the foundation of critical infrastructure management. The current epidemiological threat, which has materialized on a scale unprecedented in recent decades, revises the readiness of individual enterprises to maintain business continuity. Adapting to the restrictions related to COVID-19 forced the application of extraordinary security measures not only by operators of critical infrastructure systems, which, due to the legal regime in which they operate, had epidemic action plans, but also by other entities of the national economy.
  • A year with a lifetime (12)
    In connection with the development of the economy, it can be noticed that an essential element of running a business as well as an effective production process are handling equipment. It often happens that the devices in use are several or even several dozen years old. In regulatory practice, in relation to such devices, we more and more often encounter breakdowns, dangerous damage or repairs. Therefore, the question arises whether the designed service life of these devices has not already been exceeded. In this case, the concept of RESURSU comes in handy.

    Read more: UDT Inspektor (TIA Inspector) 2020/04

Serwis Prawno-Pracowniczy (Legal and Work Service) 2021/01

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Category: Serwis Prawno-Pracowniczy
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  • The subject of the month
    • ZUS IWA for 2020 - how to properly draw up the form (15)
      On February 1, 2021, the deadline for submitting to the Social Insurance Institution "Information on data for determining the accident insurance contribution" - ZUS IWA. The data provided in the form will be used by the Social Insurance Institution to determine the individual interest rate of the accident insurance contribution, which will apply to the payer from April 1, 2021.
  • Labor law
    • Principles of introducing a 12-month settlement period for working time (21)
      The Labor Code allows for the use of extended settlement periods. This is a convenience for employers whose activities are subject to fluctuations, for example due to uneven orders for their products or services. Extending billing periods may also be a way to mitigate the effects of periodic declines in demand for certain goods or services caused by the COVID-19 epidemic.
  • Salaries
    • Compensating an employee for the costs of performing remote work (29)
      The issue of compensation by the employer to the employee for the costs incurred by him in connection with remote work (including that provided during quarantine or home isolation) is not regulated by law. It should be assumed that the employee is entitled to such compensation. It is recommended to regulate the issue of compensation in an additional contract.

Serwis Prawno-Pracowniczy (Legal and Work Service) - the whole list

Praca i Zabezpieczenie Społeczne (Work and Social Security) 2020/12

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Category: Praca i Zabezpieczenie Społeczne
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  • The future of the autonomy of European social partners is unclear. Pending judgment in EPSU V. European Commission (3-9)
    The subject of the article is the judgment of the General Court of the European Union of 24 October 2019 on the Agreement of European sectoral social partners of 21 December 2015 "General framework for informing and consulting officials and employees of the central government administration". The judgment is the result of a complaint by the European Federation of Public Service Trade Unions (EPSU). This judgment and the future final ruling by the Court of Justice of the European Union (following an appeal by EPSU) will be of key importance for the functioning of the European social dialogue mechanisms. According to the author, the ruling in question allows to pose questions about the role of the European Commission in this process.
  • Directive on work-life balance of parents and carers - challenges for Poland (10-19)
    The balance between work and family responsibilities is an important issue in modern society. The relationship of subordination and dependence of the employee, which characterizes the employment relationship and distinguishes it from other employment relationships, places the employee in a difficult position in terms of control over his own professional life and balancing it with private life. Participation in gainful activity often involves the sacrifice of the private life of the worker, which makes the exchange between the parties to the employment relationship no longer fair. Family life is the most vulnerable to conflict between work and private life. This becomes a critical challenge for many workers, especially women with family responsibilities. This paper aims to present an analysis of the recent legislative intervention of the European Union in the conflict between work and private life - the Work-Life Balance Directive and Poland's place in this picture. The analysis reveals some limitations of the existing legislation as regards the conditions for reconciling work and family responsibilities by caregivers.
  • Self-employment or subordinate work? The cases of Italy and Spain (20-28)
    The aim of the article is to analyze the legal regulations concerning self-employment in Italy and Spain. Taking into account the fact that both countries are characterized by a dualism between subordinated work and self-employment, the author pays special attention to legal figures that do not easily fit into this division, namely economically dependent self-employed workers (the Spanish case) and cooperation organized by the client and coordinated cooperation organized by the contract taker (Italian case). It also tries to answer the question whether the Polish legislator can draw conclusions from the foreign regulations described in the article.
  • National Scientific Conference "Young Workers in the Labor Market - Opportunities, Problems, Threats" - report (29-30)
    The aim of the report is to present the course of the National Scientific Conference "Young workers in the labor market - opportunities, problems, threats", which took place on November 20, 2020. The event was organized by the University of Silesia in Katowice - the Institute of Legal Sciences, the Social Insurance Institution and the "Opus per laborem" Scientific Circle of Labor Law. The conference was of an interdisciplinary nature and was an opportunity for an intensive scientific debate on an important, current issue - the employment of young people.

    Read more: Praca i Zabezpieczenie Społeczne (Work and Social Security) 2020/12