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波兰作为世界上为数不多有着劳动法典立法传统的国家,其劳动法典化改革是波兰劳务领域最重要的历史进程之一,它是由一定的历史背景决定的。阐述了波兰劳动法学界关于波兰劳动法法典化倾向、劳动法的基本规则、个人劳动关系与集体劳动关系等重要命题的争论与成果,并指出劳动法典的立法形式同样能有效地调整劳动关系。区分个人劳动法和集体劳动法并将其归并于统一的劳动法典之中这一做法,不但保证了劳动关系法律秩序以及其规则的完整性,也有利于统一的法律解释和合理的法律适用。结合现行波兰劳动合同法,总结劳动合同的调整范围,并阐述了无固定期限合同、固定期限合同、为完成特定工作而签订的合同以及在其他雇员脱岗期间签订的替代合同四种合同在订立与解除规定上的区别,并归纳出劳动合同争议调解和诉讼机制以及工会职能转型等方面的立法经验。
As one of the few countries in the world that has the legislative tradition of the labor code, Poland’s labor codification reform is one of the most important historical processes in Poland’s labor service. It is determined by a certain historical background. It elaborates on the controversies and achievements of Polish labor law scholars on such important topics as the codification of Polish labor law, the basic rules of labor law, personal labor relations and collective labor relations. It also points out that the legislative form of labor code can also effectively adjust the labor relations. The distinction between individual labor law and collective labor law and its incorporation into a unified labor code not only guarantees the legal order of labor relations and the integrity of its rules, but also facilitates uniform legal interpretation and reasonable application of law. Combined with the current labor contract law in Poland, summed up the scope of the adjustment of labor contracts and elaborated the four types of contract without fixed term contract, fixed term contract, contract signed to complete a specific job, Lifted the differences on regulations, and summed up the legislative experience in labor contract dispute mediation and litigation mechanism as well as the transformation of trade union functions.