Od proletariatu do prekariatu, czyli o kierunku rozwoju prawa pracy
Streszczenie
During the VIIth National Labour Law Congress in 1984, in politically and socially
difficult times, the discussion concerned civil law instruments’ implementation into labour
law. They were really few but a threat of regression of the system worried a lot. Nowadays,
apart from such instruments we face new phenomena in the labour market such as focusing
on the effect of work and its instability. The question what direction labour law is willing
to develop strongly arises.
In a historical process it has passed a long way from liberalism, being imbued
with public law elements, increasing role of collective relations and recently – EU introduced
institutions. Then, after 1989, the market economy again demanded liberalization
and civil law instruments. It had been possible before again the crisis came with more need
for protection. Massive use of non-typical, precarious employment forms in such circumstances,
leads dangerously to re-creation of XIX proletariat.
All this rises a need for discussion on the general reform of the regulation, not only
amending the Labour Code, but creating all-employment law instead. Separately a new
solutions should be adopted as to unemployment problem and the effect of ageing of society
as well as new technologies impact on labour relations. Such a debate not only should
focus on particular problems, but a manner of legal regulation, so difficult in a sphere of redefined
employment institutions and definitions, as well
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