„Umowy nienazwane" w grupowym systemie pracy
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Date
1988
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Wydział Prawa i Administracji UAM
Title alternative
„Innominate contracts" in a group system of work
Abstract
According to the Labour Code of 1974 the employment relationship is an obligation
between a single employee and an employer. The basis of such a relationship
is the employment contract concluded with each employee separately.
The Polish labour legislation does not provide for the institution of so-called
group employment relationships concluded by several people jointly on the one
hand and an employer on the other. However, such contracts appear in connection
with a new trend of introducing in state enterprises so-called group forms of
work organization. By virtue of such contracts, a voluntarily established group of
people assumes the obligation of performing jointly a given production task for a stated remuneration which is later divided among the members of a group by
the independent decision of the whole group.
According to the majority opinion of legal scholars, such contracts are not
a legally separate type of contracts but are in fact only a sum of so-called „autonomous
clauses", i.e. contractual stipulations which complement the contents of
employment contracts concluded by an employer with each individual member
of a group.
The author criticizes the above view and tries to prove that the basis of
employing in a group system of work is a separate contract for collective labour
which may be characterized as an innominate contract concluded between an
employer on the one hand and a group of employees on the other. The above contract
is a source of a so-called joint obligation on the part of the members of
a group. The said contract is not the employment contract yet it contains elements
typical for a contract of employment as well as a contract for performing
a specified task or work and — with respect to relations between the members of
a group — elements similar to those appearing in the partnership contract. A complex
structure of those group contracts indicates that they are mixed contracts
(a type of innominate contracts) imposing the obligation to achieve a stated effect
and burdening the employment with a part of the risk to carry out that task.
Since the employment contract components prevail, the said contracts are subject
to the labour law regulation. Hence, the members of a group enjoy full protection
granted by the labour law to people employed by virtue of contracts falling under
the Labour Code provisions.
The author postulates to adopt the provisions regulating the said type of innominate
contracts in the amendments to the Labour Code. In his way a new
type of a contract — a contract for rendering collective work — would appear
in the Polish labour law. The author agrees in principle that it is high time to
break away from a stereotype of the employment contract as a due diligence contract
(locatio conducilo operarum), radically different from a contract for performing
a specified task or work (locatio conductio operis). The elimination of differences
between those two kinds of contracts finds justification in the world trends
to make the labour law more flexible in response to the incoming „third wave"
of the civilization of our epoch.
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Digitalizacja i deponowanie archiwalnych zeszytów RPEiS sfinansowane przez MNiSW w ramach realizacji umowy nr 541/P-DUN/2016
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Citation
Ruch Prawniczy, Ekonomiczny i Socjologiczny 50, 1988, z. 4, s. 73-95