ZNACZENIE UMÓW PRZEDWSTĘPNYCH W STOSUNKACH PRACY I ZAKRES SWOBODY KONTRAKTOWANIA STRON PRZY ICH ZAWIERANIU
THE IMPORTANCE OF PRELIMINARY CONTRACTS IN LABOR RELATIONS AND THE RANGE OF PARTIES’ CONTRACTING FREEDOM AT THEIR CONCLUSION

Summary/Abstract: Labor legislation does not regulate separately the admissibility of preliminary employment contracts conclusion. Linguistic interpretation of the Article 389 of the Civil Code provides the arguments in favor of the idea of wide use of preliminary contracts in labor relations. This contract carries out the basic functions of labor law – by the fact that, on the one hand, secures and ensures employer with the needed workforce, on the other hand, provides to an employee desired employment in the future, i.e. legal and economic security of obtaining it in convenient for him – from the point of view of his career plans and family – time. Despite these clear benefits, the use of the preliminary contract in labor relations is relatively rare, i.e. the parties do not use the opportunity to conclude it. Meanwhile, this agreement should be a useful legal tool to obtain employees in deficit professions and in terms of lack of job candidates with necessary qualifications in the local market.

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