Options
The Right to Annual Leave as a Basic Guarantee for Safe and Healthy Conditions at Work. Remarks Based on Lithuanian and Polish Legal Regulations
Lietuvos socialinių mokslų centras | ||
Wrocławska, Tatiana | University of Lodz |
Date Issued |
---|
2021 |
The right to annual leave as originated from the need to protect human dignity is a fundamental right for people performing work and therefore requires strong and adequate protection at the national level. Notwithstanding the legal discourse on placing certain entitlements in the frame of rights or freedom, this right requires legal remedies that allow its full enjoyment by assigning responsibilities and duties to the parties to the employment relationship. This manuscript aims to evaluate the Lithuanian and Polish labour legislation through the prism of their constitutional and statutory law provisions, taking into account the supranational fundamental principles related to this subject, as well as a discussion related to the scope of labour law and the level of guarantees for employed people. Therefore, since the right to health and safety needs to be fully encompassing, the subjective or objective focus of protection (the ‘per worker’ or ‘per contract’ approach) concerning cases of concurrent contracts with one or more employer(s) will be part of the discussion. This analysed topic has become a part of the extended scientific discourse related to issues of the future world of work, determined by the dissemination of atypical and novel forms of employment and their consequences: e.g. lowered social protection and precarious employment. In relation to the above point, the need for protection of health and safety of the employed constitutes the focal point for all labour protective legislation and requires a focus on issues connected with the protection of the individual rights.