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

Dr Sławomir Piekarczyk, PhD in the field of Law. He defended his doctoral dissertation on the Faculty of Law and Administration in University of Silesia in Katowice. Associated with the Institute of Legal Sciences — Theory and Philosophy of Law of this University. Didactician. Author of dozen research works, two of them received first awards. The scientific interests of the author are concentrating in particular around the theory and philosophy of law (including especially the issues concerning the vagueness of legal language, the methodological naturalism and the interpretation of texts of normative acts), as well as of issues of fields associated with the labor law, system of the Polish notary's office and — beside of law — humanities so as the philosophy and the social psychology.

 
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