Skip to main content Accessibility help
×
Hostname: page-component-586b7cd67f-t7fkt Total loading time: 0 Render date: 2024-11-22T03:03:33.523Z Has data issue: false hasContentIssue false

11 - Poland: Old and New Legal Concepts in the Changing World of Work

Published online by Cambridge University Press:  07 December 2023

Marc De Vos
Affiliation:
Universiteit Gent, Belgium
Gordon Anderson
Affiliation:
Victoria University of Wellington
Evert Verhulp
Affiliation:
Universiteit van Amsterdam
Get access

Summary

Polish labour law is mainly statutory law, while collective labour agreements play only a secondary role. The basic concepts are regulated by the Labour Code (LC). Under Article 2 LC, an employee is a person employed on the basis of an employment contract, an appointment, an election, a nomination, or a cooperative employment contract, while, according to Article 3 LC, an employer is an organizational unit, even if it has no legal personality, or an individual, provided it employs employees. Moreover, Article 22 § 1 LC provides that by establishing an employment relationship, an employee undertakes to perform specific work for the benefit and under the guidance of an employer, and an employer undertakes to employ an employee in return for remuneration. This definition is quite short and does not indicate all the features of an employment relationship. Those are – as determined by the jurisprudence and the legal literature – voluntary character, personal work performance on a continuous basis, subordination, and work performance for the benefit of an employer who carries the risk related to the employment. The legal nature of a contract cannot be determined on the basis of a single factor, only on a comprehensive assessment of the factual situation. There are three types of employment contract: a contract for a trial period, a fixed-term contract, and a contract for an indefinite period of time.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2023

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×