Monocentryczne versus policentryczne prawo pracy

Abstract

Labour law is of monocentric character currently. It means that only one of the legal relations’ types is located in the center of this branch of law. Traditional labour law is defined as a complex of legal rules regulating social relations of labour and other relations strictly connected with relations of labour. Thus, a labour relation is a concept which integrates labour law. However, employment beyond labour relations, in particular on the basis of civil contracts, has become more and more popular in recent years. A labour relation, alongside with labour law, loses its dominant position within the employment system, for the benefit in particular of civil relations. On the other hand, administrative law plays a significant role in public sector, regulating service relations of the state servants. We might consider three basic employment regimes nowadays – labour law, civil law and administrative law. Hence, the question about the future of labour law arises. It seems that one of scenarios might be approaching of above mentioned employment regimes, which are regulated by different branches of law nowadays. If we agree that persons employed under different legal regimes shall have similar legal status as a rule, it makes a concept of multicentric character of labour law open. Regarding that assumption, labour law would have not the one, as currently, but three legal frameworks, which would integrate particular parts of this branch of law. It would not actually be a labour law, but employment law.