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Alternative title:

Procedural law and substantive labour law

Subject and Keywords:

procedural labour law   material labour law   employment relationship   collective labour law   non-employee employment   labour market law

Abstract:

Procedural labour law does not cover all matters arising from the application of substantive labour law. In principle, it applies to claims arising from employment relationship and to acertain group of cases considered in a no-trial procedure. This is due to the fact that in the past aseparate procedure and separate judiciary were created mainly with a view to strengthening the procedural protection of employee interests. For this reason, the protection did not extend to collective labour law, non-employee employment, and labour market law. Nowadays, there is aneed to strengthen the systemic position of the labour judiciary and to extend its substantive jurisdiction to all cases — regardless of their legal nature — within the limits of substantive law. This is due to the need to strengthen the role of labour law as well as the continuous expansion and complexity of its legal regulations which entail the need for far-reaching specialization of judges as well as the system and procedural rules they apply.

Date issued:

2021

Resource Type:

text

Detailed Type:

article

Identifier:

ISSN 0239-6661   ISSN 0137-1134

DOI:

10.19195/0137-1134.124.8

Language:

pol

Abstract Language :

eng

Access rights:

The use of this material is allowed only with accordance of applicable rules of fair use or other exceptions provided by law, and any broader use requires the permission of the authorized entity

License:

Making materials available on the basis of the agreement with the owner of the property copyrights

Rights holder:

Copyright by Wydawnictwo Uniwersytetu Wrocławskiego Sp. z o.o.