Prawo do urlopu wypoczynkowego pracownika tymczasowego
Temporary employee’s right to holiday

Author(s): Krzysztof Krysiak
Subject(s): Law, Constitution, Jurisprudence, Human Rights and Humanitarian Law
Published by: Wydawnictwo Uniwersytetu Łódzkiego
Keywords: labour law; annual leave; temporary worker; temporary work
Summary/Abstract: The holiday entitlement of temporary agency workers is an important issue in temporary work. Standards concerning the leave of temporary workers should correspond to and comply with the higher-level standards, which are ratified international agreements, EU law and norms contained in the Constitution of the Republic of Poland. This article addresses the issues of this institution in comparison to employees of model employment. The author tries to find an answer to confirm the thesis that it is necessary to amend the holiday regulations concerning temporary workers and to increase the equality of their rights in this respect with employees employed on the basis of an employment relationship. At the same time, he is aware of the fact that the atypical nature of this form of work and its demand causes diversity by its very nature, but it should not be so extreme and diverse. All the more so because the right to rest is a fundamental principle of labour law, with which the discussed issues should not be contradictory. The issue of interpretation of complex meanings of notions which the legislator has not defined is also discussed. The de lege ferenda postulates of future changes to be made in this matter were also presented.

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