Ustawowe określenie stosunku pracy jako narzędzie delimitacji zatrudnienia pracowniczego i niepracowniczego

Abstract

The legal definition of an employment relationship as a means of distinguishing between labour and non-labour forms of employment The aim of this text is to consider the functions which are fulfilled by the legal definition of an employment relationship in Polish labour law. The evolution of legal regulation as well as the labour courts’attitude lead to the conclusion that the definition provided for in the Art. 22(1) of Labour Code may fulfil only to the limited extent the function of distinguishing between employment relation and civil law forms of employment. The postulates to include new criterions determining the existence of an employment relationship to the aforementioned regulation should be evaluated in a careful and restrictive way. On the other hand, the meaning of the legal definition of an employment relationship may be newly considered in the light of ILO position on facilitating the determination of the existence of employment relationship, including the proposal to provide for a legal presumption of aforesaid relationship.