Charakterystyka prawna i społeczna „dobra" zakładu pracy
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Date
1984
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Wydział Prawa i Administracji UAM
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Legal and social characteristics of "the benefit" of establishment
Abstract
A notion of „benefit" of establishment is related to a legal construction constituting
an element of legal institution: care for the interest of establishment what
in turn is linked with a basic principle of labor law (art. 12 of labor code, hereinafter
called l.c.) and one of the basic duties of labor (art. 100 § 2 p. 5 l.c.). Although
the legislator does not define that notion directly, but the way of its determination
is indicated indirectly. The detailed study of the regulation, doctrinal findings and
axiological premises results in a conclusion that a legal concept of „benefit" of
enterprise is related to philosophical concepts of common good and to the vision
of social reality adopted by the so called structural functionalism.
A general feature of the benefit the regulation is referring to, is, among
others, undisturbed, harmonious functioning of establishment in the process of reaching
its productive effect, sui generis a state of dynamic equilibrium. Philosophers
would speak in that instance of peace or social order. Common good has first
of all a personal character (the ethical and ontological scope), its material character
is revealed only in its instrumental aspect. Consequently, it is necessary to
depart from such notion of „benefit" of establishment which would bring only
material associations. It can also be more proper to use a term of benefit of
„labor community" or, at least, „benefit of employer". It is labor community (and
not objectified set of production factors) which maintains operation of establishment
as a whole.
The principle of analogy and proportionality of common good is guaranteed
and realized by labor law by means of a double conditioning of emploees' duty
to care for the interest („benefit") of establishment. A need of removing interferences
in operation of establishment (the element of analogy) gives rise to that
duty, unless the events related to a socially justified individual interest of an emploee occur (the element of proportionality) barring that duty in spite of a materialized
condition on the part of establishment. Philosophers also maintain that
a common interest can dominate over individual values only when it is the case
of equal good, and not in the situation when an individual interest is ranking
higher. In" the legal construction it is realized in the priority of socially valid individual
interest of an emploee over the benefit of establishment, in particular, interests
related to the existence and developement of an individual or to functioning
of family group take precedence of it.
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Citation
Ruch Prawniczy, Ekonomiczny i Socjologiczny 46, 1984, z. 2, s. 95-107