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Articles

Vol. 124 (2021)

Cognizance of courts in matters of employment of persons performing gainful employment on a basis other than the employment relationship

  • Krzysztof W. Baran
  • Izabela Florczak
DOI
https://doi.org/10.19195/0137-1134.124.2
Submitted
November 18, 2021
Published
2021-11-18

Abstract

In order to be able to fully and consciously exercise the right to a court, the person who wants to fully benefit from it should be clear about the path to court. Among fundamental manifestations of the right to a court is the cognizance of the court. The current legal state leaves numerous doubts as to the scope of the cognizance of the court in cases of employment of persons performing for-profit employment on a basis other than the employment relationship. The above is particularly evident in the scope of providing work on the basis of contracts regulated in the civil code and in the scope of administrative employment. The systemic inconsistency creates doubt as to the full implementation of the right to a court guaranteed by the Polish system, requiring the definition of the scope of the court cognizance at the indicated levels.