SUBJECTIVITY IN LABOR LAW

How much of the subjectivity of the world of work is left in the program of today’s parties calling themselves „the left” is easy to check. In turn, moving on to the ground of legal norms, one could ask, inspired by the meaning of the concept of subjectivity in sociological language ‒ whether the key institution for Polish labor law, which is the workplace, has legal subjectivity. There is no doubt that the workplace is a central concept in labor law. But does it have legal subjectivity? When writing my last text, I indicated, in a sense, that de lege lata law has not granted workplaces subjectivity. A workplace is only an organizational construct. And if so, it can have bodies. And it does. And the above is happening because of the entirety of rights and obligations that will be realized in this workplace. I did not decide on the issue of legal subjectivity at that time. And now it is the focus of the following considerations, which are to finally provide an answer.

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Publication Details

Journal
Roczniki Administracji i Prawa
Published
2024-12-31
DOI
https://doi.org/10.5604/01.3001.0054.9861
Primary Topic
International Labor and Employment Law
Type
article
Field-Weighted Citation Impact
0.00
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article

SUBJECTIVITY IN LABOR LAW

Anna Musiała
Roczniki Administracji i Prawa
International Labor and Employment Law
article

SUBJECTIVITY IN LABOR LAW

Anna Musiała
article en

Abstract

How much of the subjectivity of the world of work is left in the program of today’s parties calling themselves „the left” is easy to check. In turn, moving on to the ground of legal norms, one could ask, inspired by the meaning of the concept of subjectivity in sociological language ‒ whether the key institution for Polish labor law, which is the workplace, has legal subjectivity. There is no doubt that the workplace is a central concept in labor law. But does it have legal subjectivity? When writing my last text, I indicated, in a sense, that de lege lata law has not granted workplaces subjectivity. A workplace is only an organizational construct. And if so, it can have bodies. And it does. And the above is happening because of the entirety of rights and obligations that will be realized in this workplace. I did not decide on the issue of legal subjectivity at that time. And now it is the focus of the following considerations, which are to finally provide an answer.

Roczniki Administracji i PrawaVol. 4(XXIV)
Adam Mickiewicz University in Poznań (PL)
Openalex Percentile: Top 56%
International Labor and Employment Law
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SUBJECTIVITY IN LABOR LAW — Anna Musiała · Roczniki Administracji i Prawa (2024) | TGRS Research Map | TGRS