Controversy Over the Concept of the Abuse of Law in the Individual and Collective Labour Law Cover Image

Kontrowersje w zakresie stosowania konstrukcji nadużycia prawa w prawie pracy indywidualnym i zbiorowym
Controversy Over the Concept of the Abuse of Law in the Individual and Collective Labour Law

Author(s): Małgorzata Gersdorf
Subject(s): Labor relations, Law on Economics
Published by: Wydawnictwo Naukowe Uniwersytetu Marii Curie-Sklodowskiej
Keywords: the abuse of law; individual and collective labour law;

Summary/Abstract: The concept of the abuse of law has been continuously present it the practice of labour law. It remains needed as long as there exists a risk of the abuse of the dominant position of the employer over the employee. However more and more often the clause is called to justify employers’ claims to the employee. Also the activities of the parties of collective labour relations tend to be assessed as and abuse of law. The broad use of this concept must be criticized as it weakens the certainty of law, often without firm reasons.

  • Issue Year: 24/2015
  • Issue No: 3
  • Page Range: 45-57
  • Page Count: 13
  • Language: Polish