https://doi.org/10.31261/zpppips.2027.25.02
The author analyzes the concept of “remaining at the employer’s disposal” as part of the definition of working time under Article 128 of the Labor Code. He sees the fundamental problem as identifying the premises for recognizing that an employee is at the employer’s disposal. He emphasizes that this issue is approached differently in case law and labor law scholarship, which necessitates systematization and a position that takes into account the current legal status and prevailing socio-economic realities. He adds that recognizing a given period as working time is important because it directly impacts the employment relationship between the parties. He also considers it crucial to address the relationship between the concepts of “remaining at the employer’s disposal” and “being in readiness for work,” as they are not synonymous and are sometimes used inconsistently. He also considers whether it is possible to be at the employer’s disposal in at least two concurrent employment relationships.
Download files
Citation rules
Cited by / Share
Licence
This work is licensed under a Creative Commons Attribution-ShareAlike 4.0 International License.
The Copyright Owners of the submitted texts grant the Reader the right to use the pdf documents under the provisions of the Creative Commons 4.0 International License: Attribution-Share-Alike (CC BY-SA). The user can copy and redistribute the material in any medium or format and remix, transform, and build upon the material for any purpose.
1. License
The University of Silesia Press provides immediate open access to journal’s content under the Creative Commons BY-SA 4.0 license (http://creativecommons.org/licenses/by-sa/4.0/). Authors who publish with this journal retain all copyrights and agree to the terms of the above-mentioned CC BY-SA 4.0 license.
2. Author’s Warranties
The author warrants that the article is original, written by stated author/s, has not been published before, contains no unlawful statements, does not infringe the rights of others, is subject to copyright that is vested exclusively in the author and free of any third party rights, and that any necessary written permissions to quote from other sources have been obtained by the author/s.
If the article contains illustrative material (drawings, photos, graphs, maps), the author declares that the said works are of his authorship, they do not infringe the rights of the third party (including personal rights, i.a. the authorization to reproduce physical likeness) and the author holds exclusive proprietary copyrights. The author publishes the above works as part of the article under the licence "Creative Commons Attribution-ShareAlike 4.0 International".
ATTENTION! When the legal situation of the illustrative material has not been determined and the necessary consent has not been granted by the proprietary copyrights holders, the submitted material will not be accepted for editorial process. At the same time the author takes full responsibility for providing false data (this also regards covering the costs incurred by the University of Silesia Press and financial claims of the third party).
3. User Rights
Under the CC BY-SA 4.0 license, the users are free to share (copy, distribute and transmit the contribution) and adapt (remix, transform, and build upon the material) the article for any purpose, provided they attribute the contribution in the manner specified by the author or licensor.
4. Co-Authorship
If the article was prepared jointly with other authors, the signatory of this form warrants that he/she has been authorized by all co-authors to sign this agreement on their behalf, and agrees to inform his/her co-authors of the terms of this agreement.
I hereby declare that in the event of withdrawal of the text from the publishing process or submitting it to another publisher without agreement from the editorial office, I agree to cover all costs incurred by the University of Silesia in connection with my application.
2026
Published: 2020-11-27
10.31261/zpppips
This work is licensed under a Creative Commons Attribution-ShareAlike 4.0 International License.
English
Język Polski