DIRECTIONS OF CODIFICATION OF LABOR LAW ACCORDING TO PROFESSOR TADEUSZ ZIELIŃSKI Cover Image

KIERUNKI KODYFIKACJI PRAWA PRACY WEDŁUG PROFESORA TADEUSZA ZIELIŃSKIEGO
DIRECTIONS OF CODIFICATION OF LABOR LAW ACCORDING TO PROFESSOR TADEUSZ ZIELIŃSKI

Author(s): Justyna Czerniak-Swędzioł
Subject(s): Constitutional Law, Civil Law, Labor relations
Published by: Wydawnictwo Uniwersytetu Jagiellońskiego
Keywords: codification of labor law; basic principles of labor law; the principle of supremacy; employment contracts; general clauses; the constitution of the Republic of Poland;

Summary/Abstract: Prof. Ph.D. Tadeusz Zieliński took an active part in the discussion on the future of labor law, he loudly demanded the necessity of making changes and set new directions for these changes. As he emphasized, in order to codify law, it is necessary to think in the long-term perspective, and not only thinking limited by legislative periods. Labor law is a branch of law so deeply involved in politics that it is difficult to achieve in it a long-lasting consensus between conflicting endeavors. According to Prof. Ph.D. Tadeusz Zieliński - the new Labor Code should be an act of primary importance and should not be a modification of the present, but it should also take advantage of and accept as its own institutions that have already proved their worth. The new Labor Code must be based partly on new general assumptions, contain a catalog of basic (general) principles of labor law, which will give it cohesion, with the principle of supremacy at the forefront, which in turn will guarantee its longevity. The Labor Code must be permanent, so its amendments should only be carried out in absolutely exceptional situations. A well-written code should be a complete act, an open legal system, a stable and edited pure Polish. According to Prof. Zieliński, the subject of interest of the new Labor Code should be broadly understood employment. Prof. Tadeusz Zieliński in his reflections on the codification of labor law indicated a clear lack of harmony between labor law provisions with the Constitution of the Republic of Poland. There is no doubt that the reform of labor law is in the light of the requirements of proper legislation a very difficult goal, because it should be adapted to the needs of the new system of work. Considerations on the directions of labor law codification according to Prof. Zieliński still remain very current. Professor Zieliński indicated that the future will show whether we are going to try to recruit labor law, but we will not fall into the trap of cutting our coat according to our cloth. At this moment, it is regrettable to say that unfortunately we have fallen into a trap, and the fiasco of the work of the last commission on new labor codes is not optimistic.

  • Issue Year: 25/2018
  • Issue No: 3
  • Page Range: 209-221
  • Page Count: 13
  • Language: Polish
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