Stosowanie outsourcingu z naruszeniem przepisów o zatrudnieniu tymczasowym
Application of outsourcing in violation of temporary work regulations

Author(s): Ernestyna Pachała-Szymczyk
Subject(s): Law, Constitution, Jurisprudence, Labour and Social Security Law
Published by: Wydawnictwo Uniwersytetu Łódzkiego
Keywords: outsourcing; temporary work; subordination; employer’s direction
Summary/Abstract: Outsourcing is increasingly used in business practice. It is noted that due to fewer regulations and restrictions, this mechanism is beginning to displace temporary employment. At the same time, a significant problem arises with regard to the use of outsourcing, which is actually performed under conditions characteristic of temporary agency work. The author analyses selected elements of outsourcing (in particular the structure of employee subordination), the occurrence of which may indicate a breach of the temporary work regulations. She also attempts to identify the reasons why temporary work is being replaced by improperly applied outsourcing. She demonstrates that, although there remains space in the Polish legal system for both constructions to function, this involves the risk of violating temporary work regulations.

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