Janusz Żołyński

Economic dimension of labor law: a comprehensive approach

Human labour has an economic and social dimension. Social, because the person doing the work does not do it alone, individually. The social act of labour creation occurs. The economic dimension is the result of the fact that the work is undertaken for the sole purpose of earning money, as the activity is paid and therefore economic. For this reason, labour law in its economic dimension should be analysed both as a normative phenomenon and as a concept. Furthermore, it should be considered integrally in the praxeological field, as the law is adopted to be effective through its solutions and not merely showy, satisfying in a given period of history the particular political needs of those currently in power.

ASJC: 3308, JEL: K31

Democratic (civil) society clause in the collective labour law

Resolving any social conflicts, including collective labour disputes, requires preservation of human dignity, having regard to vital interests of the State being its citizen’s community. Therefore, social conflicts are to be resolved in a responsible way. This is reflected in a responsible society clause embracing an imperative of reasonableness and decency as well.

The concept of the community crew in labour law

Contractual liability of illegal strike organisers

The right to a general strike. Considerations de lege lata and de lege ferenda

The right to political (general, universal) strike is undoubtedly polycentric in nature, since in order to properly decode and interpret it, it is necessary to refer to both axiology, philosophy and national and international law, including EU law. Moreover, a political strike is in fact not only a result of axiological assumptions, accepted philosophical or doctrinal and political considerations. It manifests the state of the State and the level of democracy in terms of the struggle for the improvement of working and remuneration conditions, social sphere or public sphere.

ASJC: 3308, JEL: K31

Labour law – private law or public law. Deliberations on the nature of employment contract

Labour law is in fact a part of the public law. Although, genetically and to a certain extent normatively, it is related to private law it is heterogeneous in nature. Despite the fact that the essence of labour law is tantamount to free contractual relationships, it is becoming more and more public (statutory) law as the process of limiting the employment contract by the legislator is still increasing. The nature of labour law as the public one is confirmed by the contents of the employment contract which contains the features characteristic for an administrative contract. Moreover, a number of labour law institutions is characterised by orders and prohibitions aiming at enforcing specific employer’s behaviour. This is particularly apparent in the parenthood protection where more and more new obligations towards the employees are imposed on the employers which are completely inappropriate to the equivalence in terms of employment relationship. Thus, legal acts regarding labour law are in fact becoming rather more purely political acts or social policy ones than the exponents of the needs in the law-making process.

GDPR as statutory source of labour law within the meaning of Art. 9 of the Labour Code

This study shows that certain EU regulations, like GDPR which was directly implemented into the Polish legal system, are to be considered the source of labour law. Therefore, the collective agreements concluded on their basis must be considered the “peculiar” source of labour law. As a consequence, the collective agreements concluded on the basis of GDPR become the source of labour law in force in Poland, and thus are normative in nature.

ASJC: 3308, JEL: K31