Error in declaration of intent in labour
relations
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Uniwersytet Warmińsko-Mazurski
w Olsztynie
Publication date: 2015-12-31
JoMS 2015;27(4):165-192
KEYWORDS
ABSTRACT
The author raises the issue of the legal consequences of a declaration of intent made
in error in labour relations. She considers the existence of a legal loophole in labour law
to justify reference to the provisions of civil law and various proposals for the proper
application of Art. 84–88 of the Civil Code, ranging from exclusion applicability of the
provisions of civil law on the defects of the declaration of intent to labour relations, the
admission of the application of those provisions with the various modifications, or the
application of the provisions of the deficiencies of the declaration of intent directly, so
without making any changes. The author also considers the legal consequences of the
application of Art. 84–88 of the Civil Code to labour relations, in particular, on the one
hand, the effects of the cancellation of legal action ex tunc in the situation where the
work was already done on the basis of an annulled contract and, on the other hand, if
the contract was annulled before the employee started work. She also presents the legal
structure of the error in declarations of intent and discusses the most frequent causes
of errors in declarations of intent in labour relations.