Z problematyki ochrony dóbr osobistych pracownika w prawie polskim i RFN
On the issues of personal rights protection of an employee in Polish and German law

Summary/Abstract: In connection with the employment relationship, generally defined personal rights of a person may be violated. Since personal rights of a person as a human being are violated, it must be recognised that personal rights of a person are not covered by the scope of the employment relationship, but are always absolute in nature.The admissibility of protection of personal rights of an employee on the basis of the provisions of the Civil Code is currently important due to the possible occurrence of situations in which the injured person will be interested precisely in the protection measures provided for in the Civil Code; moreover, it is a question of resolving the basic issue of the protection of personal rights of an employee on the basis of the provisions of the Civil Code.A proceeding regarding correction of the opinion regarding work is not a measure of personal value protection of an employee (Article 98(6) of the Labour Code). This is because in this case, the provisions of labour law, which do not regulate the protection of the personal rights of the employee, are the basis of the claim of the employee. The fact that initiating a proceeding before the labour law court, related to the issued opinion, may result in a removal of a personal rights violation does not mean that this is a measure protecting personal rights. Indeed, a distinction must be made between the mode of protection and the consequence that follows the exercise of a particular mode of protection. If the owner uses e.g. a possessory claim, he or she may reclaim the title to items, however, it cannot be stated that a possessory claim is a measure of asset ownership protection.A proceeding before an labour law court aimed at changing the content of a defective employment opinion (Articles 242(1) and 262(1) and (2) of the Labour Code) is not a measure of protection of personal rights of the employee, as the basis for the claims of the employee in this case are the provisions of labour law which do not regulate the protection of personal rights of the employee.The protection of personal rights is afforded to a person as a citizen (violation of general personal rights) and not as an employee. When considering the claims of an employee against the employer in the light of Articles 23 and 24 of the Civil Code, the court abstracts from the employment contract existing between the parties.If a work review is defective but does not contain wordings violating personal rights, the employee may request its rectification in accordance with the procedure provided for in the Labour Code. If, on the other hand, the data contained in the opinion infringe his or her dignity, he or she may then seek protection under Articles 23 and 24 of the Civil Code. He or she may also request that it be amended as defective in accordance with the procedure provided for in the Labour Code. The holder of the rights can select the mode of proceeding in this case.The employment relationship does not exclude the protection of personal rights of the employee and any attack on these rights by the employer is unlawful if it is not justified by the law.Violation of personal rights of an individual can be considered a restriction of his or her freedom; the private life sphere of a person protected by absolute rights in the Polish legal system has to remain free from interference of third parties. The norms of this system outline the autonomy sphere of the individual, the area in which he or she is free to decide. Therefore, any unjustified intrusion of a third party into this sphere is also a restriction or even deprivation of freedom (liberty) of a person in said sphere.The period of time which has elapsed since the enactment of the Civil Code and the generally observed trend towards ensuring the broadest and most comprehensive protection of personal rights supports the award of monetary compensation to the injured party for the harm suffered in the event of a violation of his or her personal rights other than those listed in Articles 444 and 445 of the Civil Code. I would see the legal basis for the relevant claim in Article 445(2) of the Civil Code (deprivation of liberty), applied accordingly.

• Details
• Contents