Sources of Labour Law from the Perspective of 40 Years of the Labour Code Cover Image

Źródła prawa pracy z perspektywy 40 lat obowiązywania Kodeksu pracy
Sources of Labour Law from the Perspective of 40 Years of the Labour Code

Author(s): Łukasz Pisarczyk
Subject(s): History of Law, Recent History (1900 till today), Labor relations, Economic policy, Law on Economics
Published by: Wydawnictwo Naukowe Uniwersytetu Marii Curie-Sklodowskiej
Keywords: labour; law; source; legislation; collective; agreement; social; dialogue; partners; regulations;

Summary/Abstract: The article deals with the evolution of labour law sources in Poland (legislation, collective agreements, internal acts issued unilaterally by the employer). Before 1989 the labour law sources were deeply influenced by the specific attributes of the political and economic system in which the dominant role was played by the state as the main owner and the subject organizing any and all economic activity. The real social dialogue was non- existent. Nowadays the social dialogue constitutes one of the foundations of the socio- economic system of the Republic of Poland. As a result, working conditions may be determined autonomously by the social partners (the state guarantees the minimum employment standards). On the other hand, the text discusses the most important problems of the contemporary social dialogue in Poland: the weakness of trade unions and elected bodies; a dominant role of the state legislation as well as the limited scope of the application of collective agreements. Finally, the author formulates a number of proposals concerning the future of the labour law sources.

  • Issue Year: 24/2015
  • Issue No: 3
  • Page Range: 69-79
  • Page Count: 11
  • Language: Polish