Holding jako pracodawca? Problemy indywidualnego prawa pracy w grupie spółek

Abstrakt

HOLDING AS AN EMPLOYER. DILEMMAS OF INDIVIDUAL LABOUR LAW IN A GROUP OF COMPANIES

The growing role of groups of companies in modern economy challenges traditional concepts of an employer. Since a holding de lege lata may not be treated as an employer, we need to fi nd other solutions for problems arising in multi-entity structures. Existing regulations, with direct or indirect support of art. 8 of the Labour Code, allow to minimize some aspects of abuse of legal personality, such as multiple employment and unfair restructuring. They allow to treat various activities of diff erent members of the group as if they were activities of the sole employer.