The future of labour law in Poland : selected issues

2016
journal article
article
dc.abstract.enMany solutions for individual and collective labour law, which are currently in force in Poland, were established during the communist period and during the transition. As a result of the development of the legal system and socio-economic changes they do not meet the modern requirements of socioeconomic development. Noteworthy, in particular, is the personal scope of labour law. The authors point out that all work in accordance with Art. 24 of the Polish Constitution is under the protection of the law. Consequently, combining employment with the work of only those staff subordinated (art. 22 Polish Labour Code) seems too narrow. The problem of the personal scope of labour law is even more important when it is taken into consideration that in Poland more than 26% of the work is outside the employment relationship. Being covered by the provisions of the labour law is possible due to the established way of understanding the subordination of staff being abandoned, or removing subordination as a distinctive feature of worker status in favor of other criteria. These might include fixed performance of work for another person, the earning purpose of employment, and providing legal protection for persons who work under certain conditions. The authors consider methods of extending legal regulations applied to subordinate employees to date: through direct coverage of labour law to people providing jobs to those who are not subordinate, as well as those applied in references to labour law to the necessary extent, as is currently done in the case of, among others, contractors performing work in a cottage industry (Art. 304 (4) KP). The authors also evaluate the advantages and disadvantages of the methods mentioned above. An important issue for the future of labour law is also the legal position of trade unions. The authors analyze two models of the organizational position of trade unions. The first is the model according to which unions operate primarily in the workplace, and their main powers are carried out by enterprise trade unions (as it is now in Poland). Regarding the second model, the organizational structure of trade unions is outside the workplace. Another important question that requires an answer is: who are represented by unions, their members or all employees? This is equivalent to the dilemma of choosing between the corporate model and the model of representation, which, in principle, we have to do under Polish labour law. Obviously, the choice of one of these competing model solutions involves important consequences, including the scope of entities covered by collective bargaining, the legal conditions of the right to strike, the legal character of autonomous legal acts which establishing involves trade unions, as well as the role non-union employee’s representations.pl
dc.contributor.authorGóral, Zbigniewpl
dc.contributor.authorBomba, Katarzynapl
dc.date.accession2020-03-10pl
dc.date.accessioned2020-03-10T12:00:41Z
dc.date.available2020-03-10T12:00:41Z
dc.date.issued2016pl
dc.date.openaccess0
dc.description.accesstimew momencie opublikowania
dc.description.physical313-332pl
dc.description.publication1,79pl
dc.description.versionostateczna wersja wydawcy
dc.description.volume23pl
dc.identifier.eissn2544-4654pl
dc.identifier.issn1429-9585pl
dc.identifier.projectROD UJ / OPpl
dc.identifier.urihttps://ruj.uj.edu.pl/xmlui/handle/item/151457
dc.identifier.weblinkhttp://www.ejournals.eu/sppips/2016/vol-2016/art/9457/pl
dc.languageengpl
dc.language.containerpolpl
dc.rightsDozwolony użytek utworów chronionych*
dc.rights.licenceInna otwarta licencja
dc.rights.urihttp://ruj.uj.edu.pl/4dspace/License/copyright/licencja_copyright.pdf*
dc.share.typeotwarte czasopismo
dc.subject.enindividual labour lawpl
dc.subject.encollective labour lawpl
dc.subject.enemployment relationshippl
dc.subject.ensubordination of staffpl
dc.subject.encollective bargainingpl
dc.subject.entrade unionspl
dc.subtypeArticlepl
dc.titleThe future of labour law in Poland : selected issuespl
dc.title.journalStudia z Zakresu Prawa Pracy i Polityki Społecznejpl
dc.typeJournalArticlepl
dspace.entity.typePublication
dc.abstract.enpl
Many solutions for individual and collective labour law, which are currently in force in Poland, were established during the communist period and during the transition. As a result of the development of the legal system and socio-economic changes they do not meet the modern requirements of socioeconomic development. Noteworthy, in particular, is the personal scope of labour law. The authors point out that all work in accordance with Art. 24 of the Polish Constitution is under the protection of the law. Consequently, combining employment with the work of only those staff subordinated (art. 22 Polish Labour Code) seems too narrow. The problem of the personal scope of labour law is even more important when it is taken into consideration that in Poland more than 26% of the work is outside the employment relationship. Being covered by the provisions of the labour law is possible due to the established way of understanding the subordination of staff being abandoned, or removing subordination as a distinctive feature of worker status in favor of other criteria. These might include fixed performance of work for another person, the earning purpose of employment, and providing legal protection for persons who work under certain conditions. The authors consider methods of extending legal regulations applied to subordinate employees to date: through direct coverage of labour law to people providing jobs to those who are not subordinate, as well as those applied in references to labour law to the necessary extent, as is currently done in the case of, among others, contractors performing work in a cottage industry (Art. 304 (4) KP). The authors also evaluate the advantages and disadvantages of the methods mentioned above. An important issue for the future of labour law is also the legal position of trade unions. The authors analyze two models of the organizational position of trade unions. The first is the model according to which unions operate primarily in the workplace, and their main powers are carried out by enterprise trade unions (as it is now in Poland). Regarding the second model, the organizational structure of trade unions is outside the workplace. Another important question that requires an answer is: who are represented by unions, their members or all employees? This is equivalent to the dilemma of choosing between the corporate model and the model of representation, which, in principle, we have to do under Polish labour law. Obviously, the choice of one of these competing model solutions involves important consequences, including the scope of entities covered by collective bargaining, the legal conditions of the right to strike, the legal character of autonomous legal acts which establishing involves trade unions, as well as the role non-union employee’s representations.
dc.contributor.authorpl
Góral, Zbigniew
dc.contributor.authorpl
Bomba, Katarzyna
dc.date.accessionpl
2020-03-10
dc.date.accessioned
2020-03-10T12:00:41Z
dc.date.available
2020-03-10T12:00:41Z
dc.date.issuedpl
2016
dc.date.openaccess
0
dc.description.accesstime
w momencie opublikowania
dc.description.physicalpl
313-332
dc.description.publicationpl
1,79
dc.description.version
ostateczna wersja wydawcy
dc.description.volumepl
23
dc.identifier.eissnpl
2544-4654
dc.identifier.issnpl
1429-9585
dc.identifier.projectpl
ROD UJ / OP
dc.identifier.uri
https://ruj.uj.edu.pl/xmlui/handle/item/151457
dc.identifier.weblinkpl
http://www.ejournals.eu/sppips/2016/vol-2016/art/9457/
dc.languagepl
eng
dc.language.containerpl
pol
dc.rights*
Dozwolony użytek utworów chronionych
dc.rights.licence
Inna otwarta licencja
dc.rights.uri*
http://ruj.uj.edu.pl/4dspace/License/copyright/licencja_copyright.pdf
dc.share.type
otwarte czasopismo
dc.subject.enpl
individual labour law
dc.subject.enpl
collective labour law
dc.subject.enpl
employment relationship
dc.subject.enpl
subordination of staff
dc.subject.enpl
collective bargaining
dc.subject.enpl
trade unions
dc.subtypepl
Article
dc.titlepl
The future of labour law in Poland : selected issues
dc.title.journalpl
Studia z Zakresu Prawa Pracy i Polityki Społecznej
dc.typepl
JournalArticle
dspace.entity.type
Publication
Affiliations

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