Salary as an object of administrative enforcement
| Autor: | Renata Maciejewska |
|---|---|
| Rok vydání: | 2020 |
| Předmět: | |
| Zdroj: | Studia Prawno-Ekonomiczne. 116 |
| ISSN: | 2450-8179 0081-6841 |
| DOI: | 10.26485/spe/2020/116/5 |
| Popis: | Background: When recovering monetary debts, enforcement of remuneration for work is one way of enforcing monetary claims. Thus, it is particularly important to determine the components of remuneration that may be the subject of the deduction, as well as to apply the appropriate deducting method. Therefore, it seems important to indicate the proper relationship between the provisions regarding enforcement of remuneration in work and labor law. Research purpose: The relation between the provisions of the enforcement act and the provisions of the labor law was assumed as the axis of consideration. In addition, the circle of considerations will include remuneration under the mandate contract, which after changes has become comparable to remuneration for work. Methods: To achieve the assumed research goal, the author used a dogmatic method considering the analysis and interpretation of Polish law, which takes into account the views expressed in doctrine and case law. Conclusions: The de lege ferenda remarks concern the dualism of the concept of remuneration for work, which results in different definitions of the concept of remuneration and its components in enforcement and labor law provisions. It is advisable to harmonize the concept of remuneration for work. In addition, it seems reasonable to extend the catalog contained in Article 8 of The Act on Administrative Enforcement Proceedings for those components of remuneration, which are a form of employee compensation and social benefits, as well as the introduction of limits on deductions from mandate contracts to the administrative execution. |
| Databáze: | OpenAIRE |
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