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Prof. dr hab. Jacek Męcina
ORCID: 0000-0002-6972-2912

Lawyer and political scientist, professor of social sciences, Head of the Department of Labour System and Labour Market at the Faculty of Political Sciences and International Study's at the University of Warsaw, in the years 2016–2018 director of the Institute of Social Policy. He is a member of the editorial board of the magazine Human Resources Management, a member of the editorial board of Social Policy. Research interests: labour law and labour relations, social dialogue, employment policy and labour market policy. Scholarship holder of the Alexander von Humboldt Foundation and European Programmes. Undersecretary of State in the Ministry of Economy and Labour (2005), Secretary of State in the Ministry of Labour and Social Policy (2012–2015), advisor to the Management Board of the Lewiatan Confederation, member of the Social Dialogue Council.

 
DOI: 10.33226/0032-6186.2023.12.3
JEL: K31

The article addresses the main issues determining the model of legislative codification of self-employment, in particular dependent self-employment. The scope of the analysis also includes the consequences arising from the fact that self-employment is an institution of contract law, a fundamental part of private law. This requires an understanding of a number of risks inherent in an inadequate codification of self-employment, shifting the burden of its regulation exclusively to the area of classical labour law institutions, without taking into consideration the principles of private law as a whole. The de lege ferenda section attempts to answer the question of the desirable form of the codification of the self-employment as a legal basis of the employment that is separate from labour law. In this regard, a model is proposed based on an analysis of the risks arising from an inadequate model for the codification of selfemployment, particularly in the variant of the nonCodex Act strengthening the separation of selfemployment from labour law.

Keywords: Self-employment; codification; dependent selfemployment; non-employment employment
DOI: 10.33226/0032-6186.2023.11.3
JEL: K31

The article discusses the main factors determining the scope of employment in labor law and the model of work provided by self-employed people from the perspective of creating a target model of statutory selfemployment (codification). The analysis includes an overview of the relationship between selfemployment and the labor law system, the causes of the impact of self-employment on the labor market, and thus discusses the general approach to regulating self-employment in the EU and the potential directions of regulating self-employment in Poland. In particular, an attempt was made to answer whether the codification of self-employment as a legal basis for employment separate from labor law is the right direction and what social and economic factors determine the choice of the form of employment subject to labor law and the scope of work performed by self-employed people.

Keywords: Self-employment; codification; dependent selfemployment; non-employment employment