Wątpliwości wokół składu Sądu Pracy w sprawach o roszczenia związane z nawiązaniem i ustaniem stosunku pracy
Doubts surrounding the composition of labour courts in cases concerning commencement and termination of employment

Summary/Abstract: Citizen participation in the administration of justice is carried out, inter alia, though service as lay judges (also known as lay assessors). In the Polish legal system, the use of lay judges in deciding labour law cases dates back to the interwar period and is a means of implementing the idea of including citizens in adjudication in the courts of first instance, provided for in Article 182 of the Constitution of the Republic of Poland of April 2, 1997. Pursuant to Article 158(3) of the Act of 27 July 2001 – Law on the Organization of General Jurisdiction Courts, laymen selected to adjudicate in labour law cases should exhibit a particular familiarity with labour law issues. This, coupled with the participation of a professional judge, is to ensure the functioning of professional and specialized labour courts. The article addresses the question of labour court composition in cases concerning the existence and termination of employment in light of practical litigation experience.

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