Abstract

Medical duty versus the code-based regulation of employee duty in the light of the non-national standards Employee’s duty is one of the institutions of general labour law, regulated in the Labour Code. However, with regard to medical professionals employed in healthcare institutions, the legislator introduced special provisions in this respect, prior to the general code regulation. Employee’s duty has also been the subject of numerous considerations by the Court of Justice of the European Union. In Poland, only with regard to medical duty, the wording of national provisions has been adapted to EU law and the interpretation of the Court of Justice. The aim of this article is to analyse the legal nature of employee’s duty and medical duty in terms of non-national standards, especially the interpretation made by the Court of Justice in this respect.

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