Od proletariatu do prekariatu, czyli o kierunku rozwoju prawa pracy

Abstract

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