Z problematyki pracy świadczonej przez skazanego odbywającego karę pozbawienia wolności na podstawie skierowania dyrektora zakładu karnego. Rozważania na kanwie zagadnienia prawnego w sprawie III PZP 3/20
On the Issues of Work Provided by a Convict Serving a Sentence of Imprisonment on the Basis of a job Placement by the Director of a Penitentiary Institution. Considerations on the Basis of the Legal Issue in the Case III PZP 3/20

Summary/Abstract: The article discusses in general the issues of the legal regime of work provided by a convict serving a sentence of imprisonment on the basis of a job placement by the director of a penitentiary institution. The basis for considerations is the legal issue referred to the Supreme Court in the case III PZP 3/20 with the following wording: “Is a claim to establish the existence of an employment relationship and remuneration asserted by a convict sent to work while serving the sentence of imprisonment should be considered as ‘a civil matter’ within the meaning of art.1 of the Civil Code and be subject of verifi cation by means of a civil action (art.2 §1 of the Civil Code)”. The Supreme Court refused to pass a resolution on the matter. However, this does no exempt from making an attempt to clarify whether the provision of work by the convict on the basis of a job placement by the director of a penitentiary institution takes place under an employment relationship in the meaning of art.22 of the Labour Code and whether legal action is permitted (art.199 §1(1) of the Civil Code) for assertion of claims by a convict against a penitentiary institution arising from the fact of providing such work, and therefore, whether the case for such a claim is a civil matter within the meaning of art.1 of the Civil Code.

• Details
• Contents