Prawo podmiotowe w prawie pracy – a względem „kogo”?
Subjective rights in labour law - and towards 'whom'?

The dispute over the nature of labour law

Author(s): Anna Musiała
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law
Published by: Wydawnictwo Naukowe Uniwersytetu Adama Mickiewicza
Keywords: law; subjective law; labour law; legal system
Summary/Abstract: The monograph presents an innovative approach to labour law. The author’s extremely brave and innovative undertaking on the grounds of Polish legal science aims to present the reality in a more appropriate way. She proposes to look at labour law from the perspective of subjective law, suggesting that this law should be described in terms of employees’ subjective rights, or more broadly, "working man", leaving a description of the law in the material sense understood as a set of orders and prohibitions. In the monograph, the author refers to the concept of subjective right in civil law, the concept of subjective right in public law, and concepts of this right presented within the framework of legal theory. Describing these issues is a titanic work, which leads the author to look at the problems from an extremely broad perspective - the entire legal system. She comes to the conclusion that the most appropriate concept for presenting labour law issues, also allowing the "ordering" other concepts of subjective rights, is the concept which places the state of things due to the subject of the law at the centre of such a right, i.e. a legally significant value or good. It is also a concept developed for the purposes of theoretical presentation of human rights (internationally and constitutionally protected).

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