Twórca utworu naukowego w orzecznictwie sądów ubezpieczeń społecznych
Author of an Academic Work in the Case Law of Social Insurance Courts
Author(s): Joanna Szyjewska-BagińskaSubject(s): Politics / Political Sciences, Law, Constitution, Jurisprudence, Public Administration
Published by: Wydawnictwo Naukowe Uniwersytetu Szczecińskiego
Keywords: being subject to social insurance; an author; an academic; an academic work; a teaching work
Summary/Abstract: A definition of an author resulting from the Law on Copyright is completely different than the definition of an author contained in the Act on the social insurance system. The specific and narrow definition of an author in force in the social insurance law excludes the possibility for authors of academic works to be subject to social insurance as authors. Due to the universal and compulsory character of social security it becomes necessary to identify another base for being subject to this insurance. For authors of academic works performing work which results in the creation of a work of an academic or teaching nature, the case law assumes that for the needs of social insurance they are treated: firstly, as employees; secondly, as persons performing acts on the basis of a service contract; or thirdly, as a performer of a contract for a specific task. The paper discusses the current rulings of social insurance courts concerning authors of academic and teaching works.
Journal: Acta Iuris Stetinensis
- Issue Year: 2017
- Issue No: 18 (2)
- Page Range: 359-382
- Page Count: 24
- Language: Polish