PODSTAWOWE PROBLEMY STOSUNKU PRACY MIĘDZY MAŁŻONKAMI
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Date
2000
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Wydział Prawa i Administracji UAM
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FOUNDAMENTAL PROBLEMS OF EMPLOYMENT RELATIONSHIP BETWEEN SPOUSES
Abstract
Social relations involved with rendering of labour on behalf of a family member could be
subject to regulations of the labour law as well as of the law on family relations. In this very case
there is no conflict o f laws, however. An employment relationship can be a basis of co-operation in
a job performance by the two spouses provided that factual relations between them do justify such
a co-operation. However it seems that a contract of partnership is not universal enough to assure
that its application be proper in every possible case. And especially when only some part of partners
disposed of their contribution in property while the others’ contribution consists of their own
work - a normative regulation of a non-commercial partnership does not provide enough protection
for all partners with their contribution in property. In such a situation it is more proper to
establish a labour relationship between family members - in which liability of partners to the
contract is corresponding to real proportions of such a co-operation.
Nevertheless, a statement that a labour relationship is able to make a basis for co-operation
of spouses - concerns only the lack of inconsistency of its constitutive features with regulation of
the law on family relations, i.e. it is related to the most general and fundamental duties of the
parties. A separated problem however is a question o f performing by family members of all detailed
duties of the parties to a labour relationship as regulated in the Labour Code. This question
must be subject to another special analysis for to establish whether normative model in force of
a labour relationship is thoroughly proper for such a link between spouses.
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Ruch Prawniczy, Ekonomiczny i Socjologiczny 62, 2000, z. 1, s. 33-51