Klauzule autonomiczne umów o pracę — zagadnienia pojęciowe

Abstract

AUTONOMOUS CLAUSES OF LABOUR CONTRACTS — CONCEPTUAL ISSUES

The starting point of this article is the notion of an autonomous clause which was introduced into the theory of Polish labour law by Marcin Święcicki. The author of the text maintains that an employer and an employee have the freedom to agree upon autonomous clauses of a labour contract. The above-mentioned clauses are separate contracts which are amended and terminated according to rules which are different from those relating to the main contract contract of labour. The autonomous clauses form rights and obligations of the parties of the labour contract as opposed to other individual labour-law contracts and civil-law contracts. The limitations of the subject-matter of autonomous clauses should be deduced from the legal nature of the discussed clauses and the main labour contract.