Proceduralne utrudnienia w dochodzeniu roszczeń ze stosunku pracy na gruncie polskiego postępowania odrębnego w sprawach z zakresu prawa pracy.
Procedural obstacles in the vindication of claims related to labour relations under the Polish special procedure covering labour law cases.

Summary/Abstract: The protection of an employee as a weaker party of labour relation is the primary function of labour law. Its analyses generally focus on the provisions of substantive law and the effectiveness of their implementation. However, the effectiveness of labour law, including the realization its protective function, requires the procedure which ensures effective vindication by an employee his or her rights. The paper examines selected provisions of the Code of Civil Procedure, the Act on Costs of Legal Proceedings in Civil Cases and some regulations of the Labour Code to indicate the procedural difficulties in vindication of claims related with labour relation under the Polish special procedure covering labour law cases. An analysis of the issues discussed in the article clearly demonstrates that the problems appear in the phase of taking a case to labour court as well as in the phase of its adjudication. The Polish special proceeding regards with labour law cases still requires improving, however it also involves numerous procedural facilities which determine the promptness, the level of (in)formalisation, and the increased self-induced activity of the court.

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