Dylematy wynagrodzenia za pracę w polskich realiach gospodarki rynkowej

Abstract

Observation of the business practise leads to the conclusion that non-standard forms of work is developing dynamically. The process of replacing employment forms protected with the provisions of the Labour Law with the civil law contracts is growing. Civil law contracts provide great flexibility in determining mutual commitments and – under high unemployment – enables the dictate of the employing entity which basic aim is to lower the labour costs. Therefore people are undertaking employment under adverse conditions which I describe as ‘Exploitation Agreements’. The ‘adverse conditions’ are particularly clear in the diversification of the remuneration between the standard and non-standard forms of employment. The situation has been intensified with the unprecedented phenomenon of economic migration observed in the recent years. The chapter signals main legislation dilemmas concerning remuneration mostly by formulating specific postulates de lege lata and de lege ferenda. It is being emphasised that wider labour protection policy is required including issues related to remuneration. This responsibility is derived from the articles of the Constitution which proclaim social market economy and also protection of widely understood labour which cannot be restricted to employment forms defined in the Labour Law Code. The author refers to the projects of the Labour Law and Collective Labour Law developed by the Governmental Codification Committee indicating possible positive role of the recommended systematic solutions. The chances to create mechanisms enabling alleviating conflicts between the labour and the capital have been postponed due to the primacy of the capital over the labour which is growing under high unemployment circumstances.