Grounds of performing work based on a draft of the Labour Code from 2018 Cover Image

Podstawy wykonywania pracy według projektu kodeksu pracy z 2018 r.
Grounds of performing work based on a draft of the Labour Code from 2018

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Author(s): Kazimierz Jaśkowski
Subject(s): Law on Economics
Published by: Łódzkie Towarzystwo Naukowe
Keywords: draft of Polish Labour Code from 2018; grounds for performing gainful work; non-employment employment; self-employment;employment contract;

Summary/Abstract: Background: The research subject is the draft of Polish Labour Code, presented to the public in March 2018, prepared by the Labour Law Codification Committee established by the Regulation of the Council of Ministers of August 9, 2016, Journal Of Laws 1366. It was not referred to parliament. Research purpose: Analysis of the proposed legal bases for performing paid work, with particular emphasis on employment contracts and their types, as well as sanctions for applying the wrong basis for performing work. Methods: Dogmatic and legal analysis of the proposed Act with reference to the current wording of the Polish Labour Code. Conclusions: The draft of Polish Labour Code sets out the principle that paid work (this concept has not been defined) can be performed (except for the exceptions laid down in the Act) only in the legal forms provided for therein, Art. 1(2). They are classified as employment – which is divided into an employment (i.e. under employment relationship) and non-employment – and as self-employment, in which a group of economically dependent self-employed people is distinguished.

  • Issue Year: 2019
  • Issue No: 113
  • Page Range: 87-101
  • Page Count: 15
  • Language: Polish
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