Błażej Mądrzycki
Studia z Zakresu Prawa Pracy i Polityki Społecznej (Studies on Labour Law and Social Policy), Tom 25 Zeszyt 2, Volume 25 (2018), s. 95 - 109
https://doi.org/10.4467/25444654SPP.18.007.8603Controversies regarding an objective reason on the part of the employer as the basis justifying the conclusion of an unlimited fixed-term contract of employment
The legislator has provided four exceptions from the rule of limited period of employment based on a fixed-term contract and a limit on the total number of contracts, modeled on existing solutions in European law and dictated by market realities. These relate to target contracts, i.e. contracts for replacement work, part-time, seasonal employment, term of office in employment, and the most controversial case of objective reasons for the employer. In relation to these contracts, neither a time limit nor a quantitative limit is applied, and in the literature they are referred to as unlimited, objectively justified or specific contracts. With the proviso that the conclusion of a contract for a definite period must serve to meet the employer’s demand for work, which is both real and periodic. In addition, when concluding a fixed-term contract justified by objective reasons, the employer remains obliged to notify the relevant district labor inspector – within 5 days – in electronic or written form about the conclusion of such a contract and indication of the reason for its conclusion. Violation of this obligation is an offense against the employee’s rights. The application of the general clause by the legislator provides flexibility, but may also result in the of abuse by the employer. Therefore, the existence of objective reasons justifying the conclusion of a fixed-term employment contract will be subject to the assessment of the labor court in cases regarding the establishment of a legal relationship concluded on the basis of an employment contract for an indefinite period.
Błażej Mądrzycki
Studia z Zakresu Prawa Pracy i Polityki Społecznej (Studies on Labour Law and Social Policy), Tom 26 Zeszyt 4, Volume 26 (2019), s. 303 - 316
https://doi.org/10.4467/25444654SPP.19.021.10911Social expectations as an empirical exponent of the limits the protective function of labor law
Labor law is the law of everyday life, which is why social expectations, socio-political and economic and economic changes significantly contribute to shaping its regulations. Labor law as a branch of law directly referring to human work is exposed to the processes of constant change that should be met, and therefore should contain universal regulations. The current model of labor law is not adapted to modern socio-economic relations, hence the decreasing importance, the need for its thorough, systemic change or even inclusion in civil law. The overriding function of law is the introduction and maintenance of social order, and in the area of labor law its two basic functions are most often distinguished, i.e. protective and organizational, which complement each other. The protective function of labor law does not remain an independent value and does not work in isolation from individual labor law regulations but provides a specific background for them. Her presence manifests itself in the content of individual labor law regulations, such as: establishing, changing and terminating an employment relationship, protecting employment permanence, parental and maternity rights, or regulations regarding material employee responsibility. Labor law should be seen as a regulation concerning the community, and in place of the protective (individualistic) function, the distribution and organizing function of labor law should be restored (with a significant correction of their content) due to the fact that labor law is a tool for equalizing and promoting opportunities in social life. The time of globalization and free market economy should strengthen the position of labor law and at the same time face its new challenges.
ASJC: 3308
JEL: K31
Błażej Mądrzycki
Studia z Zakresu Prawa Pracy i Polityki Społecznej (Studies on Labour Law and Social Policy), Tom 28 Zeszyt 1, Volume 28 (2021), s. 47 - 59
https://doi.org/10.4467/25444654SPP.21.005.13199Universalism of labour law a measure against social exclusion not only in the COVID-19 era
The aim of the study is to show the essence of labour law through the prism of its characteristic structures and goals. Work is one of the most important values in human life, both in the context of securing living and personal conditions. While working, one acquires additional competencies and skills, which transfer into personal development. On the other hand, unemployment has negative living and social effects. For these reasons, it is necessary to show the tools of labour law that prevent broadly understood social exclusion. Their importance becomes more evident in times of crisis, when employees are affected by its effects. Therefore, the crisis caused by the COVID-19 pandemic is an important background for the ongoing considerations.
ASJC: 3308, JEL: K31