The Right to Social Security in the Event of Incapacity to Work Due to Sickness in Light of Article 67 (1) of the Constitution of the Republic of Poland

Abstract

The topic of this study is to determine the substance of the right to social security in case of incapacity to work due to sickness in the light of Article 67 (1) of the Polish Constitution, and to establish the scope and form of social security on this account. The author presents and justifies the concept of social protection in the event of incapacity to work due to sickness based on the assumption that, although it is granted in connection with professional activity, it does not always have to be associated with loss of earnings. On the other hand, as for the scope of social security, it was assumed that it can cover (in the subjective aspect) not only persons subject to general social insurance and farmers’ social insurance, but also uniformed services as well as judges and prosecutors, while (in the objective aspect) also benefits from the employment (service) relationship, i.e. employee sick pay and emoluments (remuneration) for the time of incapacity to work due to sickness to which professional soldiers, police officers, judges or prosecutors are entitled. The latter is related to the formulation of the thesis that the exercise of the right to social security in case of incapacity to work due to sickness does not take place exclusively in the form of insurance disbursement, since – due to the open content of the norm included in Article 67 (1) of the Polish Constitution – it is also permissible to use other methods of legal protection, including the financing of benefits in this area from the own funds of the employing entities. The discussion is preceded by remarks on the concept of the right to social security, particularly with regard to the legal nature of Article 67 of the Polish Constitution and the essence of this right.