Umowa o praktyki absolwenckie i umowa o staż uczniowski – charakter prawny
| Autor: | Maciej Aureliusz Nycz |
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| Rok vydání: | 2021 |
| Předmět: | |
| Zdroj: | Studia Prawnicze / The Legal Studies. :70-103 |
| ISSN: | 2719-4302 0039-3312 |
| DOI: | 10.37232/sp.2020.2.4 |
| Popis: | Recently, under the amendment of the educational law, a new type of obligatory extra-codex contract has appeared in Polish law - the contract of traineeship for pupils. It is very similar to a contract of traineeship for graduates. A joint analysis of the contractual regulation in the context of extracting differences and similarities makes it possible to present the obligations and rights of the parties in the context of the civil law method of regulation. Internship and internship are non-employment jobs, which are very similar to an employment contract and at the same time are similar to a contract for services. This entitles the application certain provisions by analogy of legislation. As a result of the aforementioned, the provisions of the labour law do not apply except for some explicitly indicated by the legislator. In this context, attention should be paid to the greater flexibility of working time for a contract of traineeship for pupils, which, however, involves performing it in conjunction with schooling, the time for which is included in the daily working day. An internship contract also provides greater security at work, as the catalogue of prohibited jobs is wider. It should be pointed out that the apprentice and pupil (the person carrying out the contract of traineeship for pupils) are specific parties to the contract, but their position is relatively weak. The position of the law is compensated for by qualifying them as consumers and by granting them the right of a trade union coalition, which, however, is de facto limited to paid contracts. Unpaid apprentices and pupils are entitled to a limited right of coalition depending on the provisions of trade union statutes. Moreover, the legislator itself, by providing for certain institutions, leads to an unequal position for apprentices and pupils, in order to spread practical vocational training in real conditions. Such an institution is a pecuniary benefit, the regulation of which is irregular and has loopholes. Similarly, regulation of an apprentice's age must be ruled out. |
| Databáze: | OpenAIRE |
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