Prawo pracy II RP: symbioza zatrudnienia pracowniczego i cywilnoprawnego (prolegomena do współczesnego podziału zatrudnienia)
Employment law during the Second Polish Republic (1918–1939): Th e Case of legal symbiosis of employment – and civil-type of work (Introduction to the most current legal dispute between subordinated and independent type of work)
Author(s): Andrzej Marian ŚwiątkowskiSubject(s): History of Law
Published by: Oficyna Wydawnicza AFM Uniwersytetu Andrzeja Frycza Modrzewskiego w Krakowie
Keywords: freedom of work; liberty to choose legal source of obligation to perform work; employment contract; civil type of contract
Summary/Abstract: Traditionally (as it was regulated in the Roman law) employees sell their labour while the workers and self-employed sell a product which they manufactured. Therefore an employees has been qualified by labour lawyers as those who perform their subordinated type work under the contract of employment while independent work performed personally by producers of any work or services and self-employed is qualified as carried under the contract for services. Between the Great Wars Polish entrepreneurs and workers enjoy a freedom to chose between employment which was categorized by the state legislator as “subordinated” or “independent” . Presidential regulations, two of 1928 on white collar- and blue collar type of employment contracts were used on equal footing with the third regulation entitled Th e Code of obligations introduced into the national civil law system in 1933.
Journal: Studia z Dziejów Państwa i Prawa
- Issue Year: XVIII/2015
- Issue No: 1
- Page Range: 169-191
- Page Count: 23
- Language: Polish