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Jarosław Jankowiak
Jarosław Jankowiak, since 2007 he has been working as a "district" judge in Sąd Rejonowy Poznań–Grunwald i Jeżyce w Poznaniu.
DOI: 10.33226/0032-6186.2021.12.3
JEL: K31, K41, K49

The Author presents (in the context of considerations on the connection and distinction between of substantive labour law and procedural labour law) the proposal of the approach to the legal nature of the employee's right to appeal against the employer's acts aimed at terminating the employment relationship that is different than up to now in Polish literaturę and Polish judicature. According to the Author, this employee’s right to appeal should be perceived not as a legal phenomenon from the sphere of procedural labour law, but as a legal phenomenon from the sphere of substantive labour law, having the character of a specific meta-right (meta-entitlement). Such a categorization is important not only for ”law in books”, but also for ”law in action”, giving greater legal protection to the employee.

 

Keywords: substantive labour law; procedural labour law; meta-right (meta-entlitlement); employer's acts aimed at terminating the employment relationship; employee's right to appeal
DOI: 10.33226/0032-6186.2021.4.1
JEL: I140, K31, K32

"Aporia" is definied as the problem which, despite of the correct reasoning, it is hard to solve at current state of knowledge. Does it really have to be characterized by a very high aporeticy (in the light of contemporary legal culture) a dilemma emerging under Article 210 para. 5 of the Polish Labour Code (LC)? This legal provision excludes, in relations to the category of the employee indicated in it, an application of the provisions Article 210(1) and Article 210(2) of the LC, which relate to the right of the worker to remove himself from. among other things, existing to this employee danger for life or health at work. This question appears also within the confines the other regulations, presented as a examples in this article, in which legislator as well makes analogous "legal exclusion" (subjective exclusion or rather subjective-objective exclusion). Maybe, valuable and lasting effects can be achieved by an attempt to provide scientific, unified, non-casuistic approach to relevant issues,according to a common general standard, in relation to every category of the workers, not only to employees, and in relation not only to "rescuing" indicated in Article 210(5) of the LC, but also to other work designated to the protection of the specific legal goods, and valued equally high.

Keywords: the right of the worker to remove himself from danger to his life or health at work; exclusive/inclusive legal provisions and interpretation; in relation to the right to remove himself from danger

Jarosław Jankowiak, since 2007 he has been working as a "district" judge in Sąd Rejonowy Poznań–Grunwald i Jeżyce w Poznaniu.