THE RIGHT TO REST FOR PARTICIPANTS IN TRAINEESHIPS FOR THE UNEMPLOYED AND GRADUATE PRACTICES

The right to rest is considered to be one of the fundamental labour rights, the exercise of which is closely linked to the regulation of working time and annual leave. The axiology of the right to rest justifies extending this entitlement also to persons who, while remaining outside the employment relationship, de facto perform subordinate work under employment-like conditions. The legal regime of employment should not limit the possibility to exercise such universal rights as the right to rest, which is undoubtedly raised in the scientific discourse. The aim of the article is to determine how the Polish legislator realises the right to rest in relation to participants of traineeships for the unemployed and graduate practices, who – although deprived of employee status – are in a situation of subordination towards the organisers of these forms of professional activation. The article presents not only the current standards in the area of the realisation of the right to rest for treinees and apprentices – showing a certain inconsistency of the Polish legislator - but also signals planned changes in this area at the level of EU law.