The evaluation of selected regulations of the draft of the Labour Code provided by the Labour Law Codification Committee (2016–2018) in the context of the principle of freedom of contract Cover Image

Ocena wybranych regulacji projektu kodeksu pracy Komisji Kodyfikacyjnej Prawa Pracy (2016–2018) w kontekście zasady wolności pracy
The evaluation of selected regulations of the draft of the Labour Code provided by the Labour Law Codification Committee (2016–2018) in the context of the principle of freedom of contract

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Author(s): Monika Gładoch
Subject(s): Civil Law, Law on Economics
Published by: Łódzkie Towarzystwo Naukowe
Keywords: the Labour Law Codification Committee; Labour Code; freedom of work; non-competition contract; employment contract

Summary/Abstract: Background: The article concerns some aspects of the work of the Codification Committee in 2016–2018 related to freedom of work. The Author, who was a participant in this work, presents selected solutions contained in the draft of Labour Code. She draws attention to their non-compliance with the principle of freedom of work and criticizes the proposal to limit the choice of employment base, as well as new the employment contracts. She draws attention to the practical risks associated with their entry into force. Research purpose: To analyze selected regulations contained in the draft of the Labour Code from the point of view of the principle of freedom of work. To assess their impact on labour law and the labour market. To compare these regulations with applicable and previous Labour Code regulations, as well as with solutions in force in Western European countries. Methods: Analytical, historical, comparative. Conclusions: The Author negatively assesses some of the proposals contained in the draft of the Labour Code due to violation of the principle of freedom of work.

  • Issue Year: 2019
  • Issue No: 113
  • Page Range: 53-68
  • Page Count: 16
  • Language: Polish
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