Appearance in labour relationships
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Uniwersytet Warmińsko-Mazurski w Olsztynie
Publication date: 2015-06-30
JoMS 2015;25(2):127-153
KEYWORDS
ABSTRACT
The occurrence of apparent legal actions leads to threats against the
principles of legal certainty and the security of legal transactions. Th e
author distinguishes usual appearance, which implies that the parties
engaged in a legal activity do not intend to have any legal eff ect, and qualifi
ed appearance, which refers to cases of the apparent conclusion of an
agreement by the parties in order to hide another agreement. Th e author
has distinguished the eff ects of each type of appearance in the employment
relationship. In the absence of legal regulations of the defects of the declaration
of intent on labour law, the author answers the question about the
scope and method of use of civil law to regulate the appearance in labour
relations relating to Art. 300 of the Labour Code taking into account the
specifi c nature of the employment relationship. She assesses the legal
guarantees in labour relations of the implementation of the constitutional
principle of the rule of law i.e. the creation of legal standards with regard
to safety and the security situation of the parties of the labour relationship
as well as the protection of the interests of third parties. Th e article
is an analysis of appearance in labour relations, taking into account the
rich jurisprudence of the Supreme Court and the literature on the subject.