Współczesne kierunki przekształceń odpowiedzialności podmiotów prawa pracy

Abstract

The implementation of the economic reform and the decrease in the levels of discipline, efficiency and quality of work made it necessary to introduce new legal regulations in the sphere of responsibility of the labour law subjects. The above has been coupled with the heightened interest of the labour law scholars in the problems of responsibility. In particular, the said interest has been focused on the question of responsibility of collective subjects of the labour law, i.e. an enterprise, a crew and trade unions. On the one hand, the legislator attempts to find new and more efficient means and mechanism of responsibility, in agreement with the assumptions of the economic reform. On the other hand, however, there appears a tendency to repeat old mistakes consisting mostly in a conviction that discipline, efficiency and quality of work could be stimulated by increasing rigours and developing the employees' responsibility institutions. Self-dependence of economic subject made it necessary to widen their responsibility, what was implemented in the first place through the provisions on liquidation and bankruptcy. The strengthening of a position of a crew resulted in the need to promulgate laws regulating the responsibility of its representatives and organs. Similarly, independence of a self-government and trade unions brought a new outlook on their responsibility. Besides, nowadays more modern legal regulations of the managerial staff responsibility, and especially the responsibility of managers of State enterprises, are being searched for. The efforts at shaping anew the responsibility of the labour law subjects, i.e. an employee, an enterprise, a crew and trade unions, are not always coherent and consistent. Besides, the promulgated provisions evoke criticism also from the point of view of the requirements of the legislative technique.