Nowa koncepcja zobowiązaniowego stosunku pracy

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Wydział Prawa i Administracji UAM

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New conception of employment relationship


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.



Digitalizacja i deponowanie archiwalnych zeszytów RPEiS sfinansowane przez MNiSW w ramach realizacji umowy nr 541/P-DUN/2016



Ruch Prawniczy, Ekonomiczny i Socjologiczny 50, 1988, z. 4, s. 45-71



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Uniwersytet im. Adama Mickiewicza w Poznaniu
Biblioteka Uniwersytetu im. Adama Mickiewicza w Poznaniu
Ministerstwo Nauki i Szkolnictwa Wyższego