Świadczenie pracy jako wyznacznik sytuacji prawnej pracownika — wybrane problemy

Abstract

PERFORMANCE OF WORK AS AN INDICATOR OF AN EMPLOYEE’S LEGAL SITUATION — SELECTED ISSUES

The term “work” is of key importance for the understanding of the legal situation of an employee. Unfortunately, the term is ambiguous. It is determined by a variety of factors, such as time and place. Moreover, “work” may adopt a different meaning in different branches of law. In labour law, this term specifies the performance of duties by an employee, and in social security law it constitutes a prerequisite for an accident at work. These functions make it possible for work to be perceived independently in each area of the law. This diversity makes it challenging to delineate the rights and obligations of an employee. It appears that in such a case it is essential to make use of not only linguistic interpretation but also systemic and functional rules.