Dependent Self-employment in the Light of the Constitutional Principle of the Protection of Work Cover Image

Samozatrudnienie ekonomicznie zależne a konstytucyjna zasada ochrony pracy
Dependent Self-employment in the Light of the Constitutional Principle of the Protection of Work

Author(s): Agata Ludera-Ruszel
Subject(s): Law, Constitution, Jurisprudence, Civil Law, Law on Economics
Published by: Towarzystwo Naukowe KUL & Katolicki Uniwersytet Lubelski Jana Pawła II
Keywords: self-employment; dependant self-employment; labour law; principle of the protection of labour; Constitution of the Republic of Poland

Summary/Abstract: One of the major problem related to the incidence of dependent self-employment on the labour market in Poland is the scope of the legal protection of their legal relationship. Under Polish law dependent self-employed are not benefited by any special legal protection, similar to that which enjoy employee in the subordinated employment relationship. The question therefore arises of how, in the light of constitutional principle of the protection of work, should be designed the model of legal protection of work of dependent self-employed, especially, whether the character of work performed under economic dependence justifies distinguishing dependent self-employment as a separate legal category and providing this group with legal protection adequate to the protection of employment which already enjoy employee in employment relationship.

  • Issue Year: 27/2017
  • Issue No: 1
  • Page Range: 43-61
  • Page Count: 19
  • Language: Polish