Ustawowe i nieustawowe prawo pracy

Abstract

In the doctrine of Polish law, extensive statutory labour law can be something to be proud of. However, there is evidence to suggest that excessive statutory law can be adversely affecting the growth of the economy and, consequently, the labour market, especially the benefits following from the employment relationship. Labour law is predominantly social in its nature. Due to the fundamental right of equality before the law to which he is obligated, the state legislator must set equal standards for all employed. However, by doing so, he imposes equal burdens on all employers, thereby failing to take into account their different economic situations. Therefore, the principles of equality and proportionality that apply to employers are violated. The above means that, if the legislator should differentiate social standards, then he will always violate the principle of equality sometimes in relation to the employees and sometimes to the employers. In the conclusion, the author argues that the legislator should strengthen the social dialogue rather than further develop the social legislation, to avoid limitations arising from the principle of equality.