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Prof. dr hab. Anna Musiała
ORCID: 0000-0001-5788-9144

Prof. dr hab. Anna Musiała, works at the Faculty of Law and Administration of Adam Mickiewicz University in Poznan. She manages the Center for Advanced Studies Man and Society at the same University. Author of many works, incl. books: Polish labor law and the social teaching of the Church and Labor law: whose? Res publica!

 
DOI: 10.33226/0032-6186.2022.7.3
JEL: K31

The workplace must be recognised as a key institution in the theory of labour law and this is beyond any doubt. The social consequences of failing to recognise the workplace can be dramatic. Moreover, in a situation where other human communities are scarce, the importance of the community of the workplace (especially if we remember about its relative stability) turns out to be fundamental. Thus, the importance of the community of the workplace is crucial not only for the individual, but also for the society. Since public tasks and public functions exist in labour law, and the workplace exists as a subject and the manager of the workplace exists as a governing body, this forces us to reflect upon the legal qualification of the workplace and its manager. As mentioned above, the need to build on this reflection turns out to be urgent in today's scholarship if we take into account the social dimension of the workplace as a community. Thus, there is an absolute necessity to determine the legal relations between the employee and the workplace, but also (or perhaps especially) between the workplace and the state. This is especially important today, when the workplace turns out to be almost the only significant instrument in the administration of the state with regard to entities which exist outside of strictly defined public administration. The construction of the workplace vests the state with enormous possibilities for organising and shaping the society.

Keywords: workplace; social organisation; labour law