Ewolucja pracowniczego podporządkowania jako cechy konstrukcyjnej stosunku pracy w świetle przepisów prawa pracy
Evolution of the Employee’s Subordination as the Structural Feature of the Employment Relationship in the Light of the Provisions of Labour Law

Summary/Abstract: The foregoing study attempts to present the institution of the employee’s subordination in evolutionary terms. From the very beginning of the labour law, the criterion of subordination, denied mainly as submission of the employee to the authority of the employer in the work process, was described in the literature of the subject and judicial decisions as an inherent (necessary) constituent of the employment relationship (the most basic structural feature of that relationship), distinguishing it from other forms of employment, especially a relation under civil law. The author analyzes the approach of the legislature as well as the views of the labour law doctrine and judicature made in relation to this criterion over subsequent periods in history. Finally, the study is concluded with some de lege ferenda postulates as to how to shape the institution of employee’s subordination in the provisions of the labour law.

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