Układ zbiorowy pracy jako instrument ustalania treści umów cywilnoprawnych o wykonywanie pracy zarobkowej
Collective agreement as a means of determining the content of civil law contracts for the performance of gainful employment

Summary/Abstract: The present article seeks to provide an answer to the question of whether the provisions of the Act of 5 November 2025 on collective agreements and collective accords enable effective regulation in collective agreements of the working conditions of persons performing gainful employment on the basis of civil law contracts. In order to address this problem, the author has sought to provide answers to the following questions: what is the legal nature of collective agreement provisions concerning the content of the working relationship of this category of persons? What is the application to them of a principle analogous to the principle of preferential treatment of employees? What is the impact of the entry into force of the new agreement on working relationships based on civil law contracts? And what is the impact of the agreement on such relationships established during its term? Consequently, he concludes that, contrary to the intentions of the legislator, the Act does not adequately protect the interests of this group of employed persons and proposes amendments to the provisions of the aforementioned Act.

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