Obowiązek współdziałania wierzyciela przy wykonywaniu zobowiązania a obowiązki pracownika wobec pracodawcy w stosunku pracy
The creditor’s obligation to cooperate in the performance of an obligation, and the employee’s obligations towards the employer in the employment relationship

Summary/Abstract: The origins of labour law, and the use of the structure of a contract between two parties result – in connection with the reference in art. 300 of The Labour Code – in the right to properly apply the provisions of the Civil Code to an employment relationship in matters not regulated by labour law, in the absence of contradiction with the principles of labour law. One such provision is art. 354 of the Civil Code. This provision states that the creditor should cooperate in the performance of the obligation, under its substance and in a manner complying with its social and economic purpose and the principles of community life, and if there is an established custom in this respect – also in a manner complying with this custom. The purpose of the article is to indicate what obligations of creditors are imposed on an employee regarding a debtor-employer. There is no doubt, however, that the obligation to cooperate also concerns an employer in connection with the creditor’s rights. The employment relationship is a mutual obligation. Application of art. 345 of the Civil Code related to the obligations of an employee as a creditor enables the formulation of a catalogue of detailed obligations to improve the mutual relationship between the parties to the employment relationship. Particular importance should be attached to the employee’s duty of loyalty, understood as refraining from anything that would violate honesty and equity in mutual relations, which includes, inter alia, the employee refraining from any competitive behaviour towards the employer – from revealing the employer’s secrets to committing acts of unfair competition.

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