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 frame work 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 Article 183a (1) of the Labour Code in the open catalogue comprising the criteria of differentiation of workers, the Polish legilator 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 one of the important criteria of distinguishing employees remains open. In this case the Polish legislator seized an opportunity given by the Community law to adopt higher standards than those presented in the Community law. An important element of this protection is also a prohibition of discrimination included in Art. 292 (1) of the Labour Code.