Monitor Prawa Pracy

no. 4/2024

Community of law of a workplace and community of work - fictitiousness of a normative dimension of a workplace

DOI: 10.32027/MOPR.24.4.2
Anna Musiała
Autorka jest profesorem na Wydziale Prawa i Administracji Uniwersytetu im. A. Mickiewicza w Poznaniu. Dyrektorka Centrum Badań Zaawansowanych UAM
Abstract

The purpose of the article is to indicate the consequences regarding difficulties connected with an attempt to create community of law of a workplace in practice of a capitalistic system, however socially-tinged. Those difficulties result from the very nature of capitalism, but they are also significantly conditioned by the period of development and stem from a real position of the country, which is expected to act in a legal process of communalization of a workplace. Therefore, the element of a “community” in the system of a market economy being implemented in a live dialogue of social partners crowned with workplace law determining community of law is empty. Consequently, a workplace is a purely divorced from reality fiction regarding the actions of authorities because, in real terms, it is impossible to speak of its implemented democratic mechanisms.

Keywords
workplace, community of work, community of law of a workplace.