Reprezentacja pracodawcy w ujęciu podmiotowym

  1. Piotr Prusinowski ORCiD: 0000-0002-5805-9908

Abstract

SUBJECTIVE INTERPRETATION OF THE REPRESENTATION OF THE EMPLOYER

The way that employers are represented in the literature and court decisions in labour law is the subject of lively discussion. Its foundation is the unclear content and structure of article 3 of the Labour Code. While in the case of organizational units it seems that the regulation is complete, for individuals with employer status it is problematic. Regardless of this problem, a question arises concerning the contradictory meaning of the employer’s representation described in the provisions of the Civil Code. This issue becomes even more signifi cant if we take into account that article 3 § 1 of the Labour Code uses ambiguous terms such as “person or governing body” and “other designated person”. This leads to subjective interpretation of the representation of the employer.

 

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Przegląd Prawa i Administracji

113, 2018

Pages from 91 to 103

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