Dilemmas of the Right to Rest in a Civil Type of Employment Cover Image

Dylematy na tle prawa do wypoczynku w zatrudnieniu niepracowniczym typu cywilnoprawnego
Dilemmas of the Right to Rest in a Civil Type of Employment

Author(s): Beata Bury
Subject(s): Economy, Civil Law, Labor relations, Law on Economics
Published by: Wydawnictwo Naukowe Uniwersytetu Marii Curie-Sklodowskiej
Keywords: contract of employment; employment relationship; relation under civil law; right to rest; working time;

Summary/Abstract: The employers, in face of occurred in recent years market and economic difficulties, use not only contracts of employment for specified time, but also go beyond area of labor law. This is done through extensive use of, among the other things, employment on the basis of civil law contracts. Economic status of these workers, in particular their continued economic dependence of the employing body, is often close to employment regulations, in particular in the context of long-lasting and time-consuming legal relationships. Meanwhile, civil law regulations, which these employees are subject to, do not provide them sufficient protection. The subject of particular interest within indicated phenomenons and trends are provisions concerning right to rest in respect of de lege lata (explanation) only to employment within the framework of the employment relationship. It is reasonable to indicate how in practice this right is realized by people performing work on the basis of civil law contracts. The Constitution, giving each person the right to health and life protection, sets out justification for the partial application of protection regulations standards in relation to “non-workers”.

  • Issue Year: 24/2015
  • Issue No: 3
  • Page Range: 377-390
  • Page Count: 14
  • Language: Polish