Economically Dependent Standard as a Criterion of Employment Rights for Semi-Employed Workers in Poland

The current legal status protects only employees within the meaning of Art. 2 of the Labor Code, and in a small part of contractors, it contributes to the deterioration of the situation of semi-dependent/self-employed workers, resulting in effects that are entirely opposite to the intended ones, i.e...

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Main Author: Łucja Kobroń-Gąsiorowska
Format: Article
Language:Polish
Published: Lodz University Press 2022-12-01
Series:Acta Universitatis Lodziensis Folia Iuridica
Subjects:
Online Access:https://czasopisma.uni.lodz.pl/Iuridica/article/view/15830
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author Łucja Kobroń-Gąsiorowska
author_facet Łucja Kobroń-Gąsiorowska
author_sort Łucja Kobroń-Gąsiorowska
collection DOAJ
description The current legal status protects only employees within the meaning of Art. 2 of the Labor Code, and in a small part of contractors, it contributes to the deterioration of the situation of semi-dependent/self-employed workers, resulting in effects that are entirely opposite to the intended ones, i.e., the inclusion of the axiology of the protective function into non-employee forms of work. Poland does not have its own scope of protective provisions similar to the labor code provisions that would apply to economically semi-dependent/self-employed workers. In this article, is analyzed the concept of the economically semi-dependent/self-employed as a starting point for granting them certain employment rights. Two main conclusions can be drawn: first, the economically semi-dependent self-employed is not an intermediate category between workers and the self-employed but a subcategory of the self-employed. Secondly, failure to grant them protection by Polish labor law will have a negative impact on the extension of collective rights of the self-employed.
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spelling doaj.art-dffa2aa74a2a41cc8b9581efd3be0e3b2023-01-09T13:58:43ZpolLodz University PressActa Universitatis Lodziensis Folia Iuridica0208-60692450-27822022-12-0110111913110.18778/0208-6069.101.0915593Economically Dependent Standard as a Criterion of Employment Rights for Semi-Employed Workers in PolandŁucja Kobroń-Gąsiorowska0https://orcid.org/0000-0002-8669-452XPedagogical University of Cracow, Institute of Law and Economics The current legal status protects only employees within the meaning of Art. 2 of the Labor Code, and in a small part of contractors, it contributes to the deterioration of the situation of semi-dependent/self-employed workers, resulting in effects that are entirely opposite to the intended ones, i.e., the inclusion of the axiology of the protective function into non-employee forms of work. Poland does not have its own scope of protective provisions similar to the labor code provisions that would apply to economically semi-dependent/self-employed workers. In this article, is analyzed the concept of the economically semi-dependent/self-employed as a starting point for granting them certain employment rights. Two main conclusions can be drawn: first, the economically semi-dependent self-employed is not an intermediate category between workers and the self-employed but a subcategory of the self-employed. Secondly, failure to grant them protection by Polish labor law will have a negative impact on the extension of collective rights of the self-employed.https://czasopisma.uni.lodz.pl/Iuridica/article/view/15830concept of workerscope of application of labour lawpersonal workeconomically dependent workersself-employed worker
spellingShingle Łucja Kobroń-Gąsiorowska
Economically Dependent Standard as a Criterion of Employment Rights for Semi-Employed Workers in Poland
Acta Universitatis Lodziensis Folia Iuridica
concept of worker
scope of application of labour law
personal work
economically dependent workers
self-employed worker
title Economically Dependent Standard as a Criterion of Employment Rights for Semi-Employed Workers in Poland
title_full Economically Dependent Standard as a Criterion of Employment Rights for Semi-Employed Workers in Poland
title_fullStr Economically Dependent Standard as a Criterion of Employment Rights for Semi-Employed Workers in Poland
title_full_unstemmed Economically Dependent Standard as a Criterion of Employment Rights for Semi-Employed Workers in Poland
title_short Economically Dependent Standard as a Criterion of Employment Rights for Semi-Employed Workers in Poland
title_sort economically dependent standard as a criterion of employment rights for semi employed workers in poland
topic concept of worker
scope of application of labour law
personal work
economically dependent workers
self-employed worker
url https://czasopisma.uni.lodz.pl/Iuridica/article/view/15830
work_keys_str_mv AT łucjakobrongasiorowska economicallydependentstandardasacriterionofemploymentrightsforsemiemployedworkersinpoland