Rozwiązanie stosunku pracy bez wypowiedzenia przez pracownika z przyczyn dotyczących pracodawcy (Uwagi de lege lata)

Abstract

The political and socio-economic changes in Poland today are reflected in the contents of regulations by law of employment contracts, adjusted to the new systemic conditions. This concerns in particular the latest amendment to the Labour Code and the author mainly focuses on the new article 55 § 11 of L.C. After deliberating the entirety of problems implied by the amendment, he suggests reconsideration of the soundness of maintaining the institution of compensation as a result of an unfounded dissolution of employment contract by the employee, mentioned in art. 611 of L.C. Introduction of the regulation contained in the last rule itself would reduce the freedom for protection stated in art. 55 § 1 , which would lead to a collision of the two regulations. The changes of labour legislation based on the iuris incerti notion, which follow from the regulations, must not violate the security and permanence of the employment contract, and the protection of the employer's interests, within the contract, need not be realized through constraining the employee's rights. The employer's conformance with the binding regulations is a condition sine qua non for his conducting economic business.