WEKSEL JAKO ZABEZPIECZENIE ROSZCZEŃ PRACODAWCY

Abstract

There is a view in jurisdiction and labour law literature that a bill of exchange is an admissible instrument to be used as an employer’s security o f claims against an employee. In reality, labour law as an independent branch of law regulates almost exclusively all matters connected with labour relations. Although the legislator admitted, in article 300 of the labour code, the application of relevant regulations of the civil code, this is only possible in matters not regulated by labour law, and on condition, that those civil code regulations are not contradictory to the principles of labour law. Such a shape of the regulation has important consequences. This means that other civil code regulations may be applied, to take as an example the law on the bill of exchange. An action to the contrary would lead to the infringement of the legal norm stipulated in article 300 of the labor code. Unfortunately, this, as well as a number o f other (substantive and procedural) reasons that speak for the inadmissibility of the application of a bill of exchange in labour relation are mostly disregarded by the representatives of jurisdiction and jurisprudence. One may only hope that the legislator will become aware of the problem resulting from the illegal use of the bill of exchange in labour relation and will himself decide to introduce appropriate amendments to the existing labor code regulations.