Appearance in labour relationships. Cover Image

Pozorność w stosunkach pracy.
Appearance in labour relationships.

Author(s): Katarzyna Bomba
Subject(s): Civil Law, Labor relations, Law on Economics
Published by: Wydawnictwo Wyższej Szkoły Gospodarki Euroregionalnej im. Alcide De Gasperi w Józefowie
Keywords: appearance; defects of the declaration of intent; employment relationship; employment contract; invalidity;

Summary/Abstract: The occurrence of apparent legal actions leads to threats against the principles of legal certainty and the security of legal transactions. The author distinguishes usual appearance, which implies that the parties engaged in a legal activity do not intend to have any legal effect, and qualified appearance, which refers to cases of the apparent conclusion of an agreement by the parties in order to hide another agreement. The author has distinguished the effects of each type of appearance in the employment relationship. In the absence of legal regulations of the defects of the declaration of intent on labour law, the author answers the question about the scope and method of use of civil law to regulate the appearance in labour relations relating to Art. 300 of the Labour Code taking into account the specific nature of the employment relationship. She assesses the legal guarantees in labour relations of the implementation of the constitutional principle of the rule of law i.e. the creation of legal standards with regard to safety and the security situation of the parties of the labour relationship as well as the protection of the interests of third parties. The article is an analysis of appearance in labour relations, taking into account the rich jurisprudence of the Supreme Court and the literature on the subject.

  • Issue Year: 25/2015
  • Issue No: 2
  • Page Range: 127-153
  • Page Count: 27
  • Language: Polish