Status prawny przepisów (norm) bhp w prawie kolizyjnym zgodnie ze statutem umownym
Legal status of health and safety rules in the contractual conflict of laws regime

Summary/Abstract: The main purpose of the article is to answer the question whether health and safety rules can be considered as overriding mandatory provisions within the area of conflicts of law. At the beginning of the article it is mentioned that its scope is limited to the situation in which accident at work happens. The accident at work is on the other hand assessed either as a violation of the employment contract or as a tort. Due to the limited scope of the article, the legal nature of health and safety rules has been considered only in the contractual contex. Therefore, firstly article introduces the way of determining law applicable to the employment contract, both the rules of choice of law and the rules applied in the absence of such a choice. Already at this point article’s author draws attention to the distinction between overriding mandatory provisions and provisions of the law of particular country which cannot be derogated from by agreement. Later on the article discusses the term of overriding mandatory provisions, both in doctrinal and in the Rome I Regulation’s context. In the further part of the study, author presents the legal status of health and safety both from the Polish and international law perspecitive, including EU law. The article ends with a summary leading to the conclusion that health and safety rules can be considered as overriding mandatory provisions.

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