Uelastycznienie form gospodarowania czasem pracy w znowelizowanym kodeksie pracy
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Date
1996
Authors
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Journal Title
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Volume Title
Publisher
WydziaĆ Prawa i Administracji UAM
Title alternative
Introduction of flexible forms of working time management in the amended labour code
Abstract
The introduction of general flexible working time by the Labour Code left particular solutions
to regulations contained in art. 129 of L.C. Since art. 131 of L.C. has been removed, including the
part referring to settling individual schedules of working time, it has become all the more imperative
to set up directions in collective labour contracts or in working regulations. In view of the lack
of directions in collective contracts and working regulations there will appear a severe gap in the
law, which would have to be filled by means of interpretation other than linguistic. Collective
contracts (and possibly working regulations) ought to guarantee that the workers' individual interests
are considered in "taking out" the leisure time for the overtime. Optimally, a worker would
decide (or at least co-decide) on the date of "taking out" the leisure time in each case the prolongation
did not occur in his interest and on his own initiative (and vice versa - which will probably
occur very rarely).
The deliberation on the extent of recognizing the labour's interests within the general system
of flexible working time, introduced during the work on amending the Code, must emphasize the
high merit of time defined by the task scope, with the employee free to prolong or shorten his
working time according to his needs, up to stopping work on certain days or even weeks. This is a
a truly great merit of the task-effect formula of the employment contract.
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Digitalizacja i deponowanie archiwalnych zeszytĂłw RPEiS sfinansowane przez MNiSW w ramach realizacji umowy nr 541/P-DUN/2016
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Citation
Ruch Prawniczy, Ekonomiczny i Socjologiczny, 58, 1996, z. 3, s. 15-34
Seria
ISBN
ISSN
0035-9629