Labour Law in the 20th Century as a Response to the Climate Crisis in Poland. Pro-climate Attitudes Versus the Obligations of the Parties to the Employment Relationship

Abstract

The starting point for further consideration is that climate change and humanity’s contribution to this process is an indisputable global fact. The article puts forward the thesis that certain provisions of the Labour Code—either existing since its enactment (i.e. since 1974) or introduced later but before 2000 (the title labour law of the 20th century)—show a visible “pro-climate potential”. This potential should be understood in that they can become an effective instrument in the fight against climate change. The analysis examines: 1) the employer’s obligation to respect the dignity and personal rights of employees, 2) the employee’s duty to respect the interest of the work establishment and 3) the employer’s obligation to contribute to shaping the principles of social coexistence in the workplace and the related employee’s obligation to respect these principles. The option to use multiple legal constructions and protective mechanisms in parallel when determining the responsibility of the employee or the employer reinforces the importance of pro-climate behaviour in the workplace. Nevertheless, not all of the mentioned legal instruments will always be able to be applied when categorising a specific event. ASJC: 3308, JEL: K31