Prawo pracy: czyje? Res Publica! O stosunku pracy teoretycznoprawnie
Labour Law: whose? Res Publica! The Employment Relation from the Legal Theory Point of View

Author(s): Anna Musiała
Subject(s): Politics / Political Sciences, Law, Constitution, Jurisprudence, Public Law
Published by: Wydawnictwo Naukowe Uniwersytetu Adama Mickiewicza
Keywords: res publica (public affair); public labour law; employment; employer; employee
Summary/Abstract: Years of academic deliberations on labour law in Poland at the heart of which I see the “scientific study of law” have led me to the sad conclusion that it is probably impossible to confirm the existence of a real scientific approach to this kind of law. It seems that this scientific approach does not comprise a coherent system of views on the issue of labour, at least at its core. As a consequence, it does not have much to offer legal practitioners who, in a desperate search for solutions to the real current problems in everyday work, are left to their own devices when it comes to dealing with legal issues. In fact, it could not be otherwise, bearing in mind that the academic approach to labour law in Poland can “boast” merely a collection of loose, frequently pseudo-scientific ideas, as they do not in fact rely on any solid theoretical findings. Even worse, nobody is obliged to take responsibility for this situation. As a result, this kind of scientific approach, especially in relation to labour law, where whole societies are affected, bears consequences whose seriousness cannot be underestimated. This publication is unfortunately only of an introductory nature, as the exhaustive analysis of labour law is the kind of task that not only requires years of academic work but, more importantly, should be a joint effort, which again, in the Polish social context of academic activity, would be something rather exotic. Having published a monograph on the axiological basis of Polish labour law, therefore having a clear understanding of the kind of values this labour law focuses on, I would like to reflect on the theoretical dimensions of the system of labour law norms. I also view all my previous efforts to study the particular problems related to this issue presented in various articles that I have published as mere preparation for the task in hand.

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