Functions of Working Time Regulation Towards Ideas of Equality and Justice

Abstract

The implementation of ideas of justice and equality in both working time and other labour law regulations has to be analyzed in details. The increase of social inequality is one of the main contemporary political and social problems. This phenomenon not only denies social justice and equality, but also becomes an obstacle in further economical development. The issue is strictly connected with labour law regulation, because the employment evolution is one of the factors influencing inequality increase. The article undertakes problems of equality and justice in working time regulation in several aspects. First of them is the question of setting up a proper balance between economical and social needs in working time regulation. It is connected with the idea of functions of labour law, including interests of all subjects of labour market. The evolution of working time regulation in Polish labour law has one-sided character for over two decades. It implements mostly employer’s needs, making working conditions gradually worse. The other problem is scope of subjects covered by working time regulation. Only dependent workers are included, while contemporarily it doesn’t have any economical nor axiological justification. Also the content of Polish working time regulation doesn’t fit the justice and equality rule. Especially the particular regulations established for certain occupations vary from general regulation in the way that difficult to justify. The last undertaken aspect is future function of working time regulation as the instrument of work distribution in situation of shrinking demand for human work.