THE PRINCIPLES OF EQUAL RIGHTS AND NON-DISCRIMINATION AND FREEDOM OF CONTRACT IN INDIVIDUAL LABOUR LAW

Abstract

The aim of considerations is to determine whether the broad regulation of equal treatment of employees which characterizes the labour law leads to an exclusion or a serious modification of the freedom of contract in the scope of individual labour law. The dogmatic analysis is based mainly on the regulations of Labour Code, not excluding the Labour Code Amendment Act on 16 May 2019 which poses the question whether one lub two principles of equal rights (equal treatment) of employees may be distinguished under the binding rules of Polish labour law. The author also compares the links between equality (non-discrimination) and freedom of contract which exist within the civil and labour law branches. In conclusion it is stated that the principle of non-discrimination (art. 11 Labour Code) does not affect in the significant way the freedom to shape an extent of individual labour relation. Such an impact is observed as far as the principle of equal rights (art. 11 Labour Code) is concerned but it does mean an annulment or a substantive alteration of the essence of freedom of contract.