Nowa koncepcja zobowiązaniowego stosunku pracy
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Date
1988
Authors
Advisor
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Journal Title
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Publisher
Wydział Prawa i Administracji UAM
Title alternative
New conception of employment relationship
Abstract
The economic model of free competition forces an employer to increase efficiency
notwithstanding the degree of liberality of legal formulas of entering into
the employment relationship. Of such liberal character is the conception of the
employment relationship as an obligation towards an employer to perform with
due care work of a given kind. Such a conception does not secure economic efficiency
in socialism, since it rejects free competition and it safeguards social security
by means of certainty of both employment and revenues form work.
In conditions of the Polish economic reform such safeguarding mechanisms
should not go beyond providing means which would allow to regenerate energy
spent for work and satisfy basic needs. An individual standard of living as well
as the level of collective consumption should depend on work efficiency. The above assumptions of a modified social policy system should find their expression in
an adequate model of the employment relationship.
The authors postulate to complement the actual conception of a due-care
contract with a new and prevailing conception of a so-called task-result employment
relationship. By entering into such a relationship an employee would be
obligated to be ready to accept an employer's offer to carry out definite tasks,
compatible with the employee's qualifications and remunerated according to his
/her category of individual rank or according to the minimum wages statute. In
turn, an employer would be obligated to formulate offers comprising tasks and
total amounts of money to be paid for carrying out those tasks. Thus it would be
an obligation whose contents would „change with the changes in tasks and remuneration,
determined in subsequent autonomous clauses, accidentally connected with
the contents of a framework-contract for being ready to work.
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Sponsor
Digitalizacja i deponowanie archiwalnych zeszytów RPEiS sfinansowane przez MNiSW w ramach realizacji umowy nr 541/P-DUN/2016
Keywords
Citation
Ruch Prawniczy, Ekonomiczny i Socjologiczny 50, 1988, z. 4, s. 45-71