Tomasz Duraj
Studia z Zakresu Prawa Pracy i Polityki Społecznej (Studies on Labour Law and Social Policy), Tom 30 Zeszyt 3, Volume 30 (2023), s. 175-188
https://doi.org/10.4467/25444654SPP.23.013.17894A few comments on the use of self-employment in violation of Art. 22 of the Labour Code: conclusions from NCN Project No. 2018/29/B/HS5/02534
The main objective of the foregoing study is to show the causes and circumstances of the use of self-employment in violation of Art. 22 of the Labour Code, as well as an attempt to find solutions to effectively and efficiently combat fictitious self-employment. The legal solutions in force in this regard are not sufficient, and the scale of abuse is enormous. It is estimated that in Poland the number of self-employed people operating in conditions characteristic of an employment relationship varies between 130,000 and 180,000, although in my opinion these figures are greatly underestimated. The considerations presented here are the result of the research conducted under the direction of profesor Tomasz Duraj within the framework of a research grant funded by the National Science Centre entitled ”In search of a legal model of self-employment in Poland. Comparative legal analysis” (contract No. UMO-2018/29/B/HS5/02534 for research project No. 2018/29/B/HS5/02534).
ASJC: 3308, JEL: K31
Tomasz Duraj
Studia z Zakresu Prawa Pracy i Polityki Społecznej (Studies on Labour Law and Social Policy), Tom 31 Zeszyt 4, Volume 31 (2024), s. 253-273
https://doi.org/10.4467/25444654SPP.24.020.20280Tomasz Duraj
Studia z Zakresu Prawa Pracy i Polityki Społecznej (Studies on Labour Law and Social Policy), Tom 28 Zeszyt 3, Volume 28 (2021), s. 167-175
https://doi.org/10.4467/25444654SPP.21.015.13961The paradigm of subordinate work already emerged in the early stages of the development of labour law and is still functioning to this day, which is widely accepted both in labour law doctrine and in judicial practice. The author assesses the timeliness of the traditional paradigm of subordinate work in conditions of development of new technologies and the spread of modern forms of work provision, doing so on the example of remote work. According to the author, despite working outside the workplace, while retaining much greater autonomy, in addition to the constant supervision of the employer, the remote worker is still subject to a multifaceted dependence on the employer. This means that the paradigm of subordinate work continues to apply and is strongly present also in atypical forms of work.
ASJC: 3308, JEL: K31
Tomasz Duraj
Studia z Zakresu Prawa Pracy i Polityki Społecznej (Studies on Labour Law and Social Policy), Tom 27 Zeszyt 2, Volume 27 (2020), s. 67-77
https://doi.org/10.4467/25444654SPP.20.007.11945Right of coalition for self-employed people after amendment to trade union law: Opportunities and threats
The subject of the article is to assess the opportunities and threats that are associated with the amendment to the union law in Poland, which has extended the coalition law, until now reserved primarily for employees, to persons engaged in paid work outside the employment relationship, including self-employed, if they provide their services in person and have interests related to the provision of work that can be represented and defended by the trade union. The author, positively assessing the extension of the subjective scope of the coalition law, notices many disadvantages of the analyzed regulations.
ASJC: 3308, JEL: K31
* Artykuł przygotowano w ramach projektu finansowanego przez Narodowe Centrum Nauki (Umowa nr UMO-2018/29/B/HS5/02534 do projektu badawczego nr 2018/29/B/HS5/02534).
Tomasz Duraj
Studia z Zakresu Prawa Pracy i Polityki Społecznej (Studies on Labour Law and Social Policy), Tom 29 Zeszyt 3, Volume 29 (2022), s. 257-268
https://doi.org/10.4467/25444654SPP.22.021.16566The growing popularity of self-employment, in which self-employed persons very often operate in conditions similar to those of employees, has necessitated the need to extend this category of workers to protection, which until recently was reserved exclusively for the employment relationship. De lege lata under Polish law, the self-employed already benefit from: legal protection in the field of life and health; protection against discrimination; a guaranteed minimum wage and protection of wages for work; the protection of parenthood; and also from coalition rights, which consequently gives them broad collective rights. The tendency to extend legal protection to selfemployed persons is consistent with both the standards of international and EU law, as well as the norms of the Constitution of the Republic of Poland. The aim of this study is to answer the question whether the legal protection of the self-employed should be extended at all, and if so, what should be the statutory model of this protection and the criteria for determining its limits in Poland to ensure its effective functioning in practice.
ASJC: 3308, JEL: K31
The article was prepared as part of a project financed by the National Science Centre in Poland pursuant to the decision number DEC-2018/29/B/HS5/02534. The project’s registration number is: 2018/29/B/HS5/02534.
Tomasz Duraj
Studia z Zakresu Prawa Pracy i Polityki Społecznej (Studies on Labour Law and Social Policy), Tom 26 Zeszyt 4, Volume 26 (2019), s. 341-366
https://doi.org/10.4467/25444654SPP.19.023.10913Rights related to the parenthood of self-employed people – de lege lata and de lege ferenda
The subject of the article is the self-employed rights related to parenthood. The legislator admitted to self-employed persons – the insured (mother of the child) and the insured (father of the child or other immediate family member) the right to maternity benefit for the period corresponding to the period of maternity leave and parental leave. The author positively assesses the very concept of including self-employed protection in the field of parenthood. Its correctness is determined both by the need to adapt Polish labor legislation to international and EU standards, as well as constitutional norms, as well as the growing scale of self-employment in the market economy, which is increasingly displacing the classic employment relationship. Unfortunately, the manner of regulating by our legislator mechanisms introducing protection of self-employed in the scope of parenthood raises far-reaching doubts. De lege lata, the scope of protection of parenthood dedicated to self-employed is not sufficient in comparison to the situation of employees, which according to the author violates the constitutional principle of equality before the law. This leads to a situation in which the regulation of parental rights ceases to fulfill the main assumptions underlying its introduction. The Polish legislator as of today does not ensure effective care of a child immediately after its birth and full exchangeability of parental privileges between parents, with the support of members of the immediate family, and also does not create the material and financial conditions optimal for this care. To make matters worse, the regulations do not sufficiently protect the health and lives of the self-employed mothers and their children, before birth and immediately afterwards. The author presents numerous de lege lata and de lege ferenda comments on the regulation of parental rights for self-employed workers.
ASJC: 3308
JEL: K31