The new Labour Code will be a breakthrough, if – aside from the freedom of coalition, social dialog or labour protection – it puts more focus on the freedom of business activity and property protection – Monika Gładoch, attorney at law and adviser to the President of Employers of Poland, writes in “Rzeczpospolita”.
– The establishment of the Labour Law Codification Committee poses the fundamental question on the shape of the new Labour Code. (…) The new regulation should be based on constitutional foundations, first and foremost on the principles of social market economy, unknown to the authors of the previous Code. Such a philosophy of legislation may present a new perspective for the assessment of labour law institutions, which – despite continued efforts to improve them – are still not appropriate for contemporary economic reality – she adds.
– The new Labour Code may prove to be a true breakthrough, but not necessarily and not exclusively thanks to new institutions. For me, it will represent a substantive improvement only if it is in agreement with constitutional principles, with each of them given appropriate value: when – aside from the freedom of coalition, social dialog or labour protection – the freedom of business activity and property protection will also be recognized as equally important pillars of social market economy. The approach to legislation should reflect the importance of all components of social market economy – concludes Gładoch.
The article is available here.