Modele odpowiedzialności odszkodowawczej pracodawcy wobec pracownika – uwagi de lege lata i de lege ferenda

Abstract

Fragmentation of employer liability for damages to employees is the creation of a sui generis dualism of legal sources establishing this liability in specific areas. Some claims will be based on the provisions of the Labor Code, while others will be based on the provisions of the Civil Code, although the labor court retains jurisdiction to adjudicate the amount of compensation benefits. The indicated dispersion of the bases and sources of employer liability for damages to employees may raise doubts as to the rationale of the legislature's intentions. The dualistic regime of liability for damages is based on the assumption that claims formulated under the regime of tortious or contractual liability are different. Both regimes frame separate compesation rules for damages, especially in termination. However, under the labor law system, regardless of the injured party's choice, these claims would be subject to identical principles of enforcement and a uniform limitation period. It is impossible to create a comprehensive and holistic model of an employer’s liability for damages to employees, e.g. based on the employee’s liability for damages caused to the employer. Unlike under article 415 and article 471 of the Civil Code, in labor law it is impossible to draw a rigid distinction between universally statutory duties and obligations created by the parties. This stems from the specific nature of the sources of labor law listed in article 9 of the Labor Code, which are not limited to statutory norms but also include autonomous sources.