Dyrektywa nr 97/81/WE dotycząca Porozumienia ramowego w sprawie pracy w niepełnym wymiarze godzin w świetle prawa wspólnotowego i polskiego

Abstract

The objective of the framework agreement constituting the enclosure to the directive 97/81/EC is to facilitate making favourable conditions for employee change of working hours from full time to part time work and vice versa, on voluntary basis, to eliminate discrimination of workers hired on part time basis, as well as to facilitate their professional development. In Ar tic le 183a (1) of the Labour Code in the open catalogue comprising the criteria of differentiation of workers, the Polish legislator included, in particular, “the criterion of hiring for full time and part time work”. Grounds for legal regulations concerning protection against unequal treatment and non-discrimination in employment raise no doubts. However, the issue concerning the purpose of distinguishing “full-time from part-time employment” in the Polish Labour Code as on  of the important criteria of distinguishing employees remains open. In this case the Polish legislator seizedan opportunity given by the Community law to adtop higher standards than those presented in the Community law. An im portant element of this protection is also a prohibition of discrimination included in Art.292 (1) of the Labour Code.