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dr Michał Barański
ORCID: 0000-0001-6797-8124
Dr Michał Barański Leader of the Labour Law and Social Policy Research Team at the Institute of Legal Sciences at the University of Silesia in Katowice, attorney-at-law. Participant of an international research project "Implementation and Enforcement of EU Labour Law in Visegrad Countries" under which he prepared the study "Adapting the Polish labour law to the EU law in the subject of working time". Editor-in-chief of a scientific journal "Z Problematyki Prawa
DOI: 10.33226/0137-5490.2020.11.4
JEL: K19

The manifestation of the institution of incompatibility of positions in the law of local self-government is, inter alia, 24f par. 2 of the Act of 8 March 1990 on Commune Self-government (u.s.g.). The principles of prevention of corruption in the local government set out in the acts are the subject of numerous critical remarks in the science of law. In particular, the relationship between art. 2 par. 6, art. 4 and art. 6 par. 1 of the Act of 21 August 1997 on Limitation of Conducting Business Activity by Persons Performing Public Functions in relation to art. 24f par. 2 u.s.g. is problematic. Problems also arise from the issue of being members of the management or control and audit authorities as well as proxies of commercial companies with the participation of legal persons of any local government units or entrepreneurs in which such persons participate, by persons indicated in art. 24f par. 2 u.s.g. Indicated specific issues was devoted to this study.

Keywords: communal legal person; incompatibilitas; commune; anti-corruption laws
DOI: 10.33226/0032-6186.2019.11.2
JEL: K31 (artykuł w języku angielskim)

In the Polish legal system there are definitely strong correlations between the legal notions of an entrepreneur and an employer, though they rarely occur jointly in specific normative solutions. Unfortunately, the far-reaching imprecision of specific regulations often raises serious doubts of an interpretive nature. It is fundamental to answer the question whether it is currently acceptable to recognize individual employing employees for a purpose other than in connection with conducted business as an employer. In-depth analysis is also required to distinguish between the notions of an entrepreneur-employer and an enterprise. The article also describes the concept of an internal employer, as well as the issue of the scope of differentiation of labour law provisions due to the characteristics of an entrepreneur-employer.

Keywords: entrepreneur; employer; Poland; enterprise

Dr Michał Barański

Leader of the Labour Law and Social Policy Research Team at the Institute of Legal Sciences at the University of Silesia in Katowice, attorney-at-law. Participant of an international research project "Implementation and Enforcement of EU Labour Law in Visegrad Countries" under which he prepared the study "Adapting the Polish labour law to the EU law in the subject of working time". Editor-in-chief of a scientific journal "Z Problematyki Prawa Pracy i Polityki Socjalnej". Member of the European Network on Regional Labor Market Monitoring (EN RLMM) created at the Johann Wolfgang Goethe University in Frankfurt am Main (Germany). Member of the Polish Section of the International Society for Labour and Social Security Law (ISLSSL).