Niech prawo pracy pozostanie prawem pracy

Abstract

Since the introduction of market economy in Poland neoliberal economists and employers, as well as their organizations, have perceived this branch of law as a major hindrance to economic growth, because the excessive – in their view – protection accorded to employees by labour law significantly increases labour costs. Some of them go as far as demanding abolition of labour law, some want it considerably more liberal. A currently commonplace phenomenon is ‘flight’ from the labour law regime by employing workers on the basis of civil law agreements, which usually define the duties of workers in a way which closely resembles employment, while depriving them of the majority of employee rights. In this context, there is an ongoing discussion in labour law literature about the future of labour law. Some participants are in favour of replacing the current labour law, which protects only employees in the strict sense, with work relations’ law, which would grant protection – in varying degrees – to all workers providing work to another entity for remuneration, regardless of the legal form. This writer supports keeping labour law, based on the existing principles, but covering, apart from typical relationships of employment, certain less frequent work relationships (e.g. outwork, homework, telework), which would enjoy different levels of protection.