The dissertation “Legal Security of a Social Worker” addresses the topic of the impact of the legal security of a social worker on the effectiveness of his/her performance with regard to professional duties, and thus on the accomplishment of the social security mission. The main objectives of the dissertation are to indicate the features of positive law influencing the legal security of social workers and to present proposals for amendment of particular legal regulations that will translate into a more effective and efficient performance of social workers' professional duties and thus into their proper accomplishment of the mission of social security. The reason for taking up this topic is that due to its usefulness and the social demand for services of this kind, the profession of social worker is currently one of the most important professions of recent years. In the first chapter of the work, the author presented the characteristics of the social welfare with particular emphasis on the concept of social work; he also discussed the functions, organization and tasks of the social welfare. He also analysed social work in the Polish legal and institutional system, as well as proceedings concerning the social welfare benefits. The second chapter concerns the characteristics of the formation of professional social services in Poland, as well as the place of a social worker in post-war Poland and the status of a social worker during the systemic transformation period. The third chapter the concept and meaning of legal security of a social worker were discussed. Significantly, in this chapter the author presented an innovative definition of the concept of legal security of a social worker, which has not been defined in the literature so far. The social worker as a subject of legal security is also analysed. Furthermore, the influence of selected conditions (including legal, social and media) on the performance of a social worker's professional duties was depicted. The author also presented the doctrinal notion of security and social security and analysed the multifaceted security of a social worker. Chapter four of the dissertation regards the status of a social worker in the current legal system. At the beginning, the legal requirements in the profession of social worker are presented, with particular attention to the organization and assessment of working conditions in this profession and the statutory delegation of legislative powers of professional specialization. The author also touched upon the rights and duties of a social worker and the basic methods of his/her work. The tasks of a social worker under the Social Welfare Act are also analysed. An important element of this chapter is the treatment of the legal responsibility of a social worker and the obligation to maintain professional secrecy and observe professional ethics. In this chapter, the author also presents social worker's rights under the Social Welfare Act. Issues such as the right of priority in offices and institutions, legal protection and additional vacation leave are also addressed. Attention was also paid to social workers' salary supplements and other benefits, as well as the organization and financing of professional trainings. The author also addressed the issue of reimbursement of travel expenses and work clothing and footwear.
Chapter four concludes with a presentation of the legal position of a social worker according to the criterion of the employment establishment. Chapter five discusses the involvement of a social worker in proceedings before the courts and the risks involved. The author addressed the role of a social worker in proceedings for: placement in a welfare center, psychiatric treatment, restriction or termination of parental authority and partial or total incapacitation. The last chapter of the thesis discusses the results of own research. Conclusions formulated on the basis of the conducted survey and completed questionnaires have become the basis for the author of the thesis to present proposals for legislative changes and systemic solutions in social welfare. The author hopes that the implementation of the postulates de lege ferenda presented in the thesis will contribute to an increase in the legal security of a social worker and thus translate into a more effective and efficient performance of his/her professional duties and, as a result, the proper fulfilment of the mission of social security.During the research carried out within the framework of this thesis the use was made of scientific methods, among which the axiological method and legal hermeneutics play an important role, covering the problems of the creation, interpretation and application of the law, as well as research methods (analysis and synthesis), which have been chosen for their purposefulness, objectivity and accuracy, but also because they have made it possible to define the essential manner of the planned proceeding, to specify the timeframe of the research, as well as to select specific research techniques that make it possible to achieve objective results that enable to finally provide an answer to the research question contained in the thesis: "Does guaranteeing legal security for social workers result in increased social security?". On the basis of the research conducted, the author of the study concluded that in order to enable a social worker to effectively and efficiently perform his or her professional duties, fulfilling the mission of social security, he or she must be guaranteed legal security at an appropriate level. In conclusion, it should be stated that guaranteeing a high level of legal security for social workers requires a number of legal and systemic changes and reforms in the field of aid policy. These include: • carrying out legislative changes that guarantee an increase in the legal security, • implementing legal regulations regarding social workers together with guaranteeing the legal certainty by applying the full catalogue of desirable features of positive law, • comprehensive legislative regulation of the status of social worker by introducing a definition of social worker in the Social Welfare Act, • extending the catalogue of public officers to include social workers, • increasing legal protection for social workers, • simplifying procedures by amending relevant legal regulations, • carrying out adjustments and increases in basic remuneration, • introducing a financial incentive system, • improving the quality of education, • increasing the prestige of social workers, • reducing bureaucracy, • introducing in-service training in in-depth specialization courses, • enabling social workers to benefit from methodological counselling, • increasing the effectiveness of social work by introducing activating forms of assistance.
Oct 30, 2023
Oct 30, 2023
|Konopka, Krzysztof, Bezpieczeństwo prawne pracownika socjalnego
|Oct 30, 2023