Równe i sprawiedliwe zatrudnienie na podstawie umowy o pracę na zastępstwo?

Employment contracts for replacement purposes are not legally clearly defined under the current Polish Labour Code. It is a contractual arrangement that allows employers to solve personnel issues associated with temporarily unavailable workers for given periods of time. The core elements associated...

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Bibliographic Details
Published inAnnales Universitatis Mariae Curie-Skłodowska. Sectio G, Ius Vol. 62; no. 2; pp. 39 - 54
Main Author Czerniak-Swędzioł, Justyna
Format Journal Article
LanguagePolish
Published Maria Curie-Skłodowska University Press 2015
Wydawnictwo Naukowe Uniwersytetu Marii Curie-Sklodowskiej
Subjects
Civil Law
Human Resources in Economy
Labor relations
Law on Economics
replacement employment contracts
termination of replacement contracts
fixedterm contracts
pregnant women
fair employment
equality
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Summary:Employment contracts for replacement purposes are not legally clearly defined under the current Polish Labour Code. It is a contractual arrangement that allows employers to solve personnel issues associated with temporarily unavailable workers for given periods of time. The core elements associated with an employment contract for a replacement, as compared to those of a fixed term employment contract, warrant the assertion that this is an agreement incompatible with the principle of equality in employment and social justice. There are controversies also associated as to how such replacement agreements can be terminated. The legislator intends to change the governing rules of terminating fixed term contracts as well as replacement agreements. Those employees who are in fact replacing workers who are absent for justifiable reasons, remain the weakest employee group as far as employment law protection is concerned.
ISSN:0458-4317
2449-8505