O pojęciu i rodzajach interesów w prawie pracy
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Date
1988
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Publisher
Wydział Prawa i Administracji UAM
Title alternative
On the concept and types of interests in labour law
Abstract
The term „interest" appears in different contexts in numerous labour law
provisions. In his article the author analyses different concepts of „interest" in
Polish labour law and formulates their typology. In particular, he analyses the
concept of „the employee's interest", „the interest of an enterprise", „the interest
of the factory crew".
The author states that in labour law the concept of „interest" is connected
in particular with the activity of trade unions which are appointed by law to
represent and protect the rights and interests of employees. A characteristic
feature of the trade unions' activity is that it is carried out not only in the interest
of their members but in the interest of all employees. The author discusses
separately the enterprise interest represented by the manager and the interest of
the crew acting through their organs. In the author's opinion, a separate character
of the enterprise and crew interests should not be questioned. A more clear
distinguishing between different interests (interests of an employee, of a crew, of
an enterprise, of a trade union: branch, regional, general) and allowing those
interests to appear and collide secures higher economic and social efficiency of
the economic and political system. It also leads to strengthening the position of
enterprises and crews as parties of collective labour relations. Besides, the author
distinguishes enterprises which are bound to carry out the interest of the state,
not their own interest, because of their links with state organs or their functioning
as state organs.
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Citation
Ruch Prawniczy, Ekonomiczny i Socjologiczny 50, 1988, z. 1, s. 21-40