O nowy model prawa pracy
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Date
1988
Authors
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Journal Title
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Publisher
Wydział Prawa i Administracji UAM
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For a new model of the labour law
Abstract
The article is devoted to the presentation of some most important elements
of a new model of the labour law. First, the author shows the contrasts between
the situation which existed before and after 1980 in the sphere of the labour law
and labour relations. Next, he formulates some postulates concerning the future
shape of the labour law. He indicates that the pre-1980 model was of etatistic and
centraliste character where the employers were the extension of the State and the
protection of the employees' interests could not be adequate since on the one hand
the law regulating the employment relations was formed exclusively by the State
organs and on the other the trade unions, being a part of the State structure, did
not represent the employees' interests properly. After 1980 some new forms of
relations between the State and the employees appeared: social agreements and
negotiations. Moreover, the Act of 1981 on State Enterprises put forth a compromise
between the old and the new models of relations, introducing the institution of the employees' self-government and the 3 S rule (self-financing, self-dependence,
self-government of enterprises). Although the solutions contained in the
legislation promulgated after 1980 have not produced the effects commensurate
with the original expectations, they introduced several important legal institutions,
such as the right to strike; collective disputes or the employees' self-government.
For the future reform of the labour law the above institutions remain
of vital importance. However, it is also (necessary to add other elements, e. g.
freedom of trade-unions (at present only 1 trade union organization per 1 factory
is allowed, what is against ILO convention no. 87), more room for regulating matters
connected with employment by contractual means, or equal treatment of socialized
and non-socialized sectors. Generally speaking, the changes should go in
the direction of a pluralistic and democratic model based on social agreements,
self-governments of the employees and greater independence of employers due to
a decreased influence of the State administration on their activities.
Description
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. 1-16
Seria
ISBN
ISSN
0035-9629