Prawo pracy wobec rozwoju zatrudnienia cywilnoprawnego

Abstract

Over the recent years the labour law has undergone significant changes. One of the most important problems is its personal scope. The main question concerns the protection of workers engaged outside the employment relationship. First of all, the legislation must safeguard the fundamental rights arising from international and constitutional standards. At the moment the Polish labour law distinguishes between employment and civil law contracts. Employees are protected to the largest extent. The protection of workers is limited to anti-discriminatory measures, health and safety regulations and the social insurance. The protection offered by collective labour law is not sufficient either. In the future the legislation must adjust the protective measures to the character and nature of work. Consequently the law may protect in a different manner dependant employees, economically- dependant workers and self-employed. Also the system of industrial relationships must be reconstructed. Finally, all working people must be protected in an adequate way. It is necessary to achieve the equilibrium between management and labour.