Podstawowe założenia przebudowy prawa pracy
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Date
1988
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Publisher
Wydział Prawa i Administracji UAM
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Basic assumptions of the labour law reform
Abstract
The article discusses theoretical problems of the Polish labour law reconstruction,
focusing its attention on basic directions of the labour law reform. The
author begins has considerations with the presentation of the most vital reasons
indicating the need to carry out a far-reaching reform of the labour law. Its main
purpose should be to synchronize legal solutions with actual socio-economic changes
and to ground legal construction on economic mechanisms to a greater degree
than in the past. The above refers to provisions realizing both an organizational
as well as a protective function of the labour law. Being of the opinion that the
Labour Code should remain a basic source of the labour law, the author postulates
that the regulations contained in that Code be based mostly on semi-imperative
norms allowing, within uniform constructions, to depart from the Code's
provisions in legal acts of a lower rank and in a contract for employment in the
direction favourable to an employee. The above would make it possible to secure
uniformity and coherency of the labour law system and to develop and differentiate
the work and pay conditions and other rights of employees in a decentralized
manner, mostly by way of normative agreements.
It is the author's opinion that the reconstruction of the labour law should
increase the importance of a contract for employment, should reduce nomination
as a basis of entering into the employment relationship and should lead to the
elimination of appointment as a separate, known only in the Polish labour law,
source of the employment relationship.
One of the directions of the labour law reform should be to improve the
quality of the labour law in both its substantive as well as technical-legislative
aspects. The planned reform should also exert influence on restructuring and
increasing the level of different employees' rights, although the economic situation
does not allow to expect too much in that respect. The reform should also strengthen
the mechanisms securing the observance of those rights by the management
of enterprises.
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Keywords
Citation
Ruch Prawniczy, Ekonomiczny i Socjologiczny 50, 1988, z. 4, s. 17-29
Seria
ISBN
ISSN
0035-9629