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Dr Kazimierz Jaśkowski
ORCID: 0000-0003-3807-0074

Doctor of Law, from 1994 to 2014 a judge of the Supreme Court in the Chamber of Labour, Social Insurance and Public Affairs, currently retired. Author of many publications in the field of labour law.

 
DOI: 10.33226/0032-6186.2024.11.3
JEL: K31

The purpose of this paper is to analyse the provisions introduced into the Labour Code in 2023, which regulate the employer's obligations in response to a formalised request from an employee to work remotely, to convert a fixed-term employment contract into an open-ended contract, or for more predictable and secure working conditions and flexible working arrangements. The authors propose a new conceptual framework to help describe and systematise them. They also argue that these solutions create a new type of obligation in the employment relationship, further restricting the principle of freedom of contract and at the same time targeting the employer. According to the authors, the result has been a weakening of the basic labour law paradigm, which assumes that the employee's position in the employment relationship is primarily determined by his/her qualifications and the way in which the work is performed. These regulations also introduced a new form of communication between the employee and the employer, in the form of a legally enforced dialogue initiated by the employee.

Keywords: remote work; transparent and predictable working conditions; flexible working arrangements; employee requests to employers; employee claims against employers; changes in the content of the employment relationship