Ocena skutków prawnych regulacji poselskiego projektu ustawy o zmianie ustawy – Kodeks pracy
Assessment of the legal effects of the Deputies’ Bill amending the Act – Labour Code

Summary/Abstract: The suggested amendment to the Labour Code aims to introduce a provision obliging employers to include periods of non-agricultural activity in the periods on which employee benefits or rights depend. The provision is to be placed in the chapter declaring fundamental principles of labour law. The author states that there is no systemic justification for including this type of norm among the basic principles of labour law, without taking into account the currently used differentiation of the position of employees in specific situations. In her opinion, the proposed regulation raises doubts from the perspective of the constitutional principle of equality, especially in the context of adequacy and proportionality to the assumed goal.

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