The Right to Choose a Legal Source of an Employment Relationship Cover Image

Prawo wyboru podstawy zatrudnienia
The Right to Choose a Legal Source of an Employment Relationship

Author(s): Andrzej Marian Świątkowski
Subject(s): Civil Law, Labor relations, Transformation Period (1990 - 2010), Law on Economics
Published by: Wydawnictwo Naukowe Uniwersytetu Marii Curie-Sklodowskiej
Keywords: employment contract; civil contract; freedom of contracts; legal fictions;

Summary/Abstract: This paper is concerned with Polish labour law governing the formation of the individual employment relationship. After the changes made by national legislative authority (Sejm) in 1999 and 2002 the right to choose a legal source (employment or civil contract) provisions of regulation – civil law mentioned by the author in article as well as in Polish language summary – was more limited in relation to the contents of the employment relationship. Since 2002 the existence of the legal relationship of employment is based not on the presupposition of the both parties but more on acceptance their choice of civil law type of contract by the judicial (labour court) and administrative authority (labour inspection)

  • Issue Year: 24/2015
  • Issue No: 3
  • Page Range: 237-246
  • Page Count: 10
  • Language: Polish