Rola sądów w delimitacji zatrudnienia pracowniczego i cywilnoprawnego — aktualne problemy
On the Legal Determination of the Employment Relationship in the Context of Judicial Proceedings

Summary/Abstract: The aim of this study is to present the current role of labour courts in limiting the phenomenon of evading employment based on an employment relationship and to analyse selected issues currently encountered in judicial practice in cases concerning the determination of the existence of an employment relationship. The author attempts to assess the role of the courts based on statistical data, which indicate that proceedings aimed at establishing an employment relationship are initiated relatively infrequently, as individuals performing work are often not interested in concluding employment contracts. The article also discusses the difficulties courts face when using a typological method to identify the legal basis of employment, due to the overly general definition of an employment relationship contained in Article 22 § 1 of the Polish Labour Code. In conclusion, the author points out that the displacement of employment contracts by civil law agreements—and above all, self-employment—is gaining momentum, primarily due to the preferences of workers and state policy. Under these circumstances, judicial proceedings are unable to effectively counteract these trends.

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