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Dr Sławomir Piekarczyk
ORCID: 0000-0002-9478-4904

PhD in law, Assistant Professor at the Faculty of Law and Administration of the University of Silesia in Katowice, the Institute of Legal Sciences – Theory and Philosophy of Law of this University, author and co-author of numerous scientific publications, primarily in the fields

 
DOI: 10.33226/0032-6186.2025.10.2
JEL: K00, K10, K31

The purpose of the paper is to address ongoing disputes regarding the interpretation of labor law. The authors aim to explore whether the method of enacting normative acts affects the interpreter’s goals during the interpretation process. Some literature suggests that when they are en­acted through agreement (such as labor collective agree­ments), in contrast to acts not enacted in this manner, the interpreter should prioritize the actual intentions of the parties involved over the literal meaning of their provi­sions. The authors argue that there is no difference in this regard among various normative acts. In all cases, the au­thor’s intention is what interpreters seek.

Keywords: legal interpretation; interpretation of the agreements; labor law; labor collective agreements; legislative intent
DOI: 10.33226/0032-6186.2021.5.1
JEL: K00, K10, K31

The paper focuses on a problem of compliance legal norm — that is so called privileging the employee's principle (in scope that is currently predicted in an Article 9 para. 2 of Polish Labour Code) with the Constitution of Republic of Poland. The purpose of paper is justification of thesis that subjected principle is de lege lata constitutional norm and showing important consequences of this conclusion. In order to accomplishment of this purpose, article shows results of analysis of relevant regulations that were binding in different moments of time, and use theoretical concepts, especially such as the integrated concept of legal principles and the typological linguistic content of the predicate.

Keywords: privileging the employee's principle; labour collective agreements; integral concept of legal principles