O zakresie podmiotowym prawa pracy w Polsce – wybrane uwagi na tle planów rekodyfikacyjnych

Abstract

One of the most controversial, but also one of the most current points is the personal scope of employment law. According to the present legal status it is designated by the term “employee” as a party to the employment relationship. We should ask whether or not it needs to be verified taking into account new phenomena in the field of employment. One of them is the growing importance of work beyond the employment relationship (civil law contracts, self-employment). However, it does not seem that the redefinition of subordination could lead to the modification of the personal scope of employment law. In the future, we should expect a tendency to expand the scope of application of protective standards of this branch of law on people who do not have a formal status of “employee”. Nevertheless, the demand of establishment of so-called “law of employment” with employment law as only one part of it, is not justified.