scholarly journals The Parental Rights of a Prison Service Officer—the Father of a Child

2019 ◽  
Vol 28 (4 ENGLISH ONLINE VERSION) ◽  
pp. 51-72
Author(s):  
Ewelina Kumor-Jezierska

The article describes leave related to childbirth and child raising available to the father of the child who is in a public service relationship with the Polish Prison Service. The child’s father has autonomous rights, that is, ones that are only vested in him (paternity leave), and subsidiary rights, which are vested in him but only in a situation where the child's mother does not exercise them (maternity leave), and equivalent rights, that is, those which he can exercise on equal terms with the child's mother (leave on the terms of maternity leave, parental leave, childcare leave). Cases in which a child's parents work in different employment settings are analysed. In this connection, the author discusses regulations concerning cases of parental leave in situations where the mother and father of a child have the status of PS officers, where the father of a child is a PS officer and the child's mother is employed or covered by social insurance in case of sickness and maternity, specified in the Act of 13 October 1998 on the social insurance system, under a title other than an employment relationship, for example when she is self-employed, and finally cases where a child's mother is not covered by sickness insurance at all.

2019 ◽  
Vol 28 (1 ENGLISH ONLINE VERSION) ◽  
pp. 17-39
Author(s):  
Ewelina Kumor-Jezierska

The study examines maternity leave regulations in a situation where both parents or legal guardians of a child are officers of the Polish Prison Service, or one of them is a PS officer, and the other is an employee or insured on the basis other than the employment relationship, e.g. a contract of mandate. The latest amendment of 24 July 2015 amending the Labour Code Act and certain other laws has extended the range of cases where it is possible for other eligible persons to use part of maternity leave. The new solution enable not only the parents of the child but also other immediate family members to use part of maternity leave. The complexity of the provisions related to parental rights makes interpretation difficult. Moreover, neither the Prison Service Act nor the provision of Article 29 para. 5 of the Act on cash benefits from social insurance, referred to by the Labour Code, specifies which specific persons can be regarded as the closest family. Proper determination of entitled persons is crucial, as it entails the payment of benefits financed by the State, and also, on the basis of the Act on Prison Service, the legislator guarantees protection of the public service relationship by virtue of Article 108 to officers (regardless of the eligible person’s gender and the degree of relationship) taking maternity leave or holiday leave on the terms of maternity leave.


2019 ◽  
Vol 1 (1) ◽  
pp. 835-842
Author(s):  
Roman Garbiec

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.


2021 ◽  
Author(s):  
Yihao Tian ◽  
Yuxiao Chen ◽  
Mei Zhou ◽  
Shaoyang Zhao

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.


2021 ◽  
Vol 9 ◽  
Author(s):  
Yihao Tian ◽  
Yuxiao Chen ◽  
Mei Zhou ◽  
Shaoyang Zhao

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.


CJEM ◽  
2020 ◽  
Vol 22 (S1) ◽  
pp. S114-S114
Author(s):  
J. Andruko ◽  
T. Green

Introduction: Medicine demands a sacrifice of physicians’ personal life, but culture has slowly changed towards valuing a balanced work life. Parental leave is linked to better physical and mental health, but policies and culture surrounding parental leave are largely unstudied in the Canadian Emergency Medicine landscape. Anecdotally, experiences vary widely. This study was designed to determine what proportion of Canadian Emergency Departments have formal parental leave policies (maternity, paternity, and other ex. adoption) and what proportion of Canadian EM physicians are satisfied with their department's parental leave policies. Methods: Two surveys were generated; one to assess attitudes and experiences of emergency physicians, and a second survey for department chiefs assessed the policies and their features. These were approved by the UBC REB and distributed through the CAEP Research Committee. Primary outcomes were physician satisfaction with their department's parental leave policy (4-5/5 Likert Scale), and departments with a formal parental leave policy (Y/N). Results: 38% (8/21) of department chiefs reported having a formal policy for maternity leave, 29% (6/21) for paternity leave, and 24% (5/21) other. The survey of Emergency Physicians revealed similar rates at 48% (90/187) maternity, 40% (70/184) paternity, 29% (53/181) other. Among physicians who were aware of them, 69% (62/90) were somewhat or very satisfied with the maternity leave policies, 58% (51/88) with paternity leave policies, and 48% (39/81) with other parental leave. Less than 10% were somewhat or very dissatisfied with any of these. Several department chiefs commented that they had never refused anyone parental leave, but have no formal policy. However, 87% (147/187) of physicians reported a formal maternity leave policy was somewhat or very important to them; similarly 80% (134/187) paternity leave. Less than 15% felt each was somewhat or extremely unimportant. Conclusion: Presence and type of parental leave policy varies across the country. Most physicians were satisfied with the support they had available, but the vast majority felt that a formal maternity and paternity leave policy itself was important. This study would suggest that, without actually changing practice, the introduction of a formal parental leave policy is of value. Our research group will use this data to collaborate on a template parental leave policy to be made available for this purpose.


2011 ◽  
Vol 57 (3) ◽  
pp. 251-266 ◽  
Author(s):  
Teodoras Medaiskis

In 2009, Lithuania suffered very deep recession. The fall in GDP by 15 %, high unemployment, and decreased population earnings all affected the pensions system. Before the recession struck, social insurance expenditures had increased considerably and the reserve fund had been exhausted. The recession resulted in the decreased income of the social insurance system and state. While in 2009, the government attempted to maintain the level of pensions, by 2010, it was forced to cut benefits. This shocking decision raised awareness about some theoretical problems concerning the nature of pensions. Is the social insurance payg pension the property of the retiree, or it is only a part of the working generation income shared via the social insurance system with the retired generation? How should the protection against poverty and income replacement components be combined in the pension system and how should they be financed? How should the payg and funded components be united and what are the roles of the private sector and the government? In this article, Lithuania’s attempts to cope with the recession’s consequences and to respond to these newly posed questions are presented.


2017 ◽  
Vol 26 (3) ◽  
pp. 271-278
Author(s):  
Silke Neusser ◽  
Janine Biermann ◽  
Gerald Lux ◽  
Jürgen Wasem ◽  
Volker Reissner ◽  
...  

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