Konstytucyjne prawo do wypoczynku
Constitutional Right to Rest
Languages of publication
The article provides an analysis of the right to rest guaranteed in the Constitution of the Republic of Poland. The constitution is laconic on the issue, mentioning only its constituent parts, including the right to statutorily specifi ed days free from work, the right to paid annual leave and the standard working time. As far as working time is concerned, the constitution obliges the legislator to set its maximum amounts. This provision gives the legislator great discretion which can seriously jeopardize the interests of employees. The author analyzes the constitutional provisions and implementation of constitutional guarantees at the level of ordinary legislation, referring to the case law of the Constitutional Tribunal. She examines the impact of the constitutional approach to the right to rest on the activities of the ordinary legislator and attempts to assess some of the regulations in terms of their constitutionality.
Publication order reference