WEKSEL JAKO ZABEZPIECZENIE ROSZCZEŃ PRACODAWCY
Loading...
Date
2008
Authors
Advisor
Editor
Journal Title
Journal ISSN
Volume Title
Publisher
Wydział Prawa i Administracji UAM
Title alternative
BILL OF EXCHANGE AS A SECURITY OF EMPLOYER’S CLAIMS
Abstract
There is a view in jurisdiction and labour law literature that a bill of exchange is an admissible
instrument to be used as an employer’s security o f claims against an employee. In reality, labour law
as an independent branch of law regulates almost exclusively all matters connected with labour
relations. Although the legislator admitted, in article 300 of the labour code, the application of
relevant regulations of the civil code, this is only possible in matters not regulated by labour law, and
on condition, that those civil code regulations are not contradictory to the principles of labour law.
Such a shape of the regulation has important consequences. This means that other civil code
regulations may be applied, to take as an example the law on the bill of exchange. An action to the
contrary would lead to the infringement of the legal norm stipulated in article 300 of the labor code.
Unfortunately, this, as well as a number o f other (substantive and procedural) reasons that speak for
the inadmissibility of the application of a bill of exchange in labour relation are mostly disregarded by
the representatives of jurisdiction and jurisprudence. One may only hope that the legislator will
become aware of the problem resulting from the illegal use of the bill of exchange in labour relation
and will himself decide to introduce appropriate amendments to the existing labor code regulations.
Description
Sponsor
Keywords
Citation
Ruch Prawniczy, Ekonomiczny i Socjologiczny 70, 2008, z. 4, s. 79-89