Ruch Prawniczy, Ekonomiczny i Socjologiczny, 1988, nr 4


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    Spis treści RPEiS 50(4), 1988
    (Wydział Prawa i Administracji UAM, 1988)
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    O nowy model prawa pracy
    (Wydział Prawa i Administracji UAM, 1988) Szubert, Wacław
    The article is devoted to the presentation of some most important elements of a new model of the labour law. First, the author shows the contrasts between the situation which existed before and after 1980 in the sphere of the labour law and labour relations. Next, he formulates some postulates concerning the future shape of the labour law. He indicates that the pre-1980 model was of etatistic and centraliste character where the employers were the extension of the State and the protection of the employees' interests could not be adequate since on the one hand the law regulating the employment relations was formed exclusively by the State organs and on the other the trade unions, being a part of the State structure, did not represent the employees' interests properly. After 1980 some new forms of relations between the State and the employees appeared: social agreements and negotiations. Moreover, the Act of 1981 on State Enterprises put forth a compromise between the old and the new models of relations, introducing the institution of the employees' self-government and the 3 S rule (self-financing, self-dependence, self-government of enterprises). Although the solutions contained in the legislation promulgated after 1980 have not produced the effects commensurate with the original expectations, they introduced several important legal institutions, such as the right to strike; collective disputes or the employees' self-government. For the future reform of the labour law the above institutions remain of vital importance. However, it is also (necessary to add other elements, e. g. freedom of trade-unions (at present only 1 trade union organization per 1 factory is allowed, what is against ILO convention no. 87), more room for regulating matters connected with employment by contractual means, or equal treatment of socialized and non-socialized sectors. Generally speaking, the changes should go in the direction of a pluralistic and democratic model based on social agreements, self-governments of the employees and greater independence of employers due to a decreased influence of the State administration on their activities.
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    Podstawowe założenia przebudowy prawa pracy
    (Wydział Prawa i Administracji UAM, 1988) Salwa, Zbigniew
    The article discusses theoretical problems of the Polish labour law reconstruction, focusing its attention on basic directions of the labour law reform. The author begins has considerations with the presentation of the most vital reasons indicating the need to carry out a far-reaching reform of the labour law. Its main purpose should be to synchronize legal solutions with actual socio-economic changes and to ground legal construction on economic mechanisms to a greater degree than in the past. The above refers to provisions realizing both an organizational as well as a protective function of the labour law. Being of the opinion that the Labour Code should remain a basic source of the labour law, the author postulates that the regulations contained in that Code be based mostly on semi-imperative norms allowing, within uniform constructions, to depart from the Code's provisions in legal acts of a lower rank and in a contract for employment in the direction favourable to an employee. The above would make it possible to secure uniformity and coherency of the labour law system and to develop and differentiate the work and pay conditions and other rights of employees in a decentralized manner, mostly by way of normative agreements. It is the author's opinion that the reconstruction of the labour law should increase the importance of a contract for employment, should reduce nomination as a basis of entering into the employment relationship and should lead to the elimination of appointment as a separate, known only in the Polish labour law, source of the employment relationship. One of the directions of the labour law reform should be to improve the quality of the labour law in both its substantive as well as technical-legislative aspects. The planned reform should also exert influence on restructuring and increasing the level of different employees' rights, although the economic situation does not allow to expect too much in that respect. The reform should also strengthen the mechanisms securing the observance of those rights by the management of enterprises.
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    Zakres podmiotowy i przedmiotowy kodeksu pracy. Uwagi de lege ferenda
    (Wydział Prawa i Administracji UAM, 1988) Lewandowski, Henryk
    The author limits his remarks to some proposals concerning the subjective and substantive scopes of the future Labour Code. The Labour Code should regulate the situation of all employees, irrespective of the way of entering into the employment relationship, the type of work and the sector of the economy. The author postulates to include into the Labour Code persons who perform work within relations similar to the employment relationship. Those persons (out-workers, agents, members of agricultural cooperatives), with exceptions provided for by the Code, would enjoy the status of employees. In considerations devoted to the substantive scope of the Labour Code the author focuses his attention on institutions of the collective labour law, on labour exchange, on the organs of supervision over the observance of the labour law legislation and on the regulation of the principles of the labour law. The author believes that the above matters should be contained in the Labour Code.
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    Nowa koncepcja zobowiązaniowego stosunku pracy
    (Wydział Prawa i Administracji UAM, 1988) Chobot, Andrzej; Kijowski, Andrzej
    The economic model of free competition forces an employer to increase efficiency notwithstanding the degree of liberality of legal formulas of entering into the employment relationship. Of such liberal character is the conception of the employment relationship as an obligation towards an employer to perform with due care work of a given kind. Such a conception does not secure economic efficiency in socialism, since it rejects free competition and it safeguards social security by means of certainty of both employment and revenues form work. In conditions of the Polish economic reform such safeguarding mechanisms should not go beyond providing means which would allow to regenerate energy spent for work and satisfy basic needs. An individual standard of living as well as the level of collective consumption should depend on work efficiency. The above assumptions of a modified social policy system should find their expression in an adequate model of the employment relationship. The authors postulate to complement the actual conception of a due-care contract with a new and prevailing conception of a so-called task-result employment relationship. By entering into such a relationship an employee would be obligated to be ready to accept an employer's offer to carry out definite tasks, compatible with the employee's qualifications and remunerated according to his /her category of individual rank or according to the minimum wages statute. In turn, an employer would be obligated to formulate offers comprising tasks and total amounts of money to be paid for carrying out those tasks. Thus it would be an obligation whose contents would „change with the changes in tasks and remuneration, determined in subsequent autonomous clauses, accidentally connected with the contents of a framework-contract for being ready to work.