Zakres elastyczności stron stosunku pracy w kształtowaniu elementów treści umowy o pracę / Flexibility of the Parties Involved in an Employment Relationship in Setting Out Certain Elements of the Text of the Employment Contract
Journal Title: Studia Prawno-Ekonomiczne - Year 2018, Vol 107, Issue
Abstract
This study paper analyses the regulations applicable to the text of an employment contract. Consideration is given to the type of contract, contract conclusion date, work commencement date, nature of work, location of the workplace, compensation for work, working time limits, allowances due for business travel, and specific regulations concerning the working time. The purpose of the research was to find out whether the parties to an employment contract enjoy flexibility in determining the foregoing contractual issues, or their liberty in this respect is largely restricted. The article embraces the amendment to the Labour Law regulations pertinent to fixed-term employment contracts, which took effect on 22 February, 2016, as well as the amendment to the National Minimum Wage Act, in place as of 1 January, 2017. The legal-dogmatic analysis has demonstrated that an explicit conclusion with regard to flexibility of the parties involved in an employment relationship in setting out certain elements of the employment contract is impossible to reach. In respect of some components the leeway is greater (e.g. nature of work, location of the workplace), in respect of other elements it is more restricted (e.g. type of contract, compensation for work). Also dissimilar are the sources of such restrictions – Labour Law regulations, provisions within other primary and secondary legislation, provisions of collective labour agreements and other collective agreements, or, last but not least, the very nature of the employment relationship.
Authors and Affiliations
Anna Piszczek
Keywords
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- EP ID EP386807
- DOI 10.26485/SPE/2018/107/7
- Views 54
- Downloads 0
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