Przedawnienie roszczeń ze stosunku pracy [Statute of limitations for claims from employment relationship]

Dr Ewa Suknarowska-Drzewiecka’s monograph, published in Frel Publishing House in 2018, is dedicated to the problem of the statute of limitations of claims from an employment relationship, which raises some doubts over interpretation for doctrine and case law. For although the provisions of the Labour Code on the statute of limitations for claims under an employment relationship are modelled on civil law regulations, when transposed to the field of labour law, they constitute an institution of labour law that requires systemic interpretation, taking into account the specific nature of this branch of law. This concerns in particular such issues as the scope of the meaning of ‘claims from the employment relationship’, periods of limitation, the start and end of the limitation period and the suspension and interruption of the limitation period. The subject addressed by the author is certainly current and socially relevant.

Because of the complexity of the subject matter, the author takes into account both historical and contemporary doctrines of labour law, civil law and primarily the jurisprudence of the Supreme Court. The extensive bibliography proves that the author draws heavily on the civil law doctrine on the institution of the statute of limitations. In principle, however, she focusses on analysing problems concerning the statute of limitations of claims from an employment relationship from the point of view of labour law. In his review, Dr Antoni Dral, a professor at WSPiA, said that the monograph makes a valuable contribution to the development of labour law, both in the academic aspect and in terms of the practice of applying the institution of the statute of limitations.

‘The monograph meets academic substantive and formal standards. The author makes professional use of scholarly methods, taking into account the scientific research on the institution of the statute of limitations, both in labour law and civil law. Nevertheless, she puts a special emphasis on presenting the case law of the courts. The analysis of the case law made within the framework of particular substantive issues is preceded by theoretical remarks. These findings allow better understanding of the essence and functions assigned to the institution of the statute of limitations by the legislature…. On account of the accuracy and significant theoretical and legal remarks contained in the monograph, I am convinced that it can serve not only practitioners as an aid in applying labour law, but also theoreticians of this branch of law. The study can also be classified as a didactic aid and a source of knowledge for students of law and administrative studies as well as a source for theses and dissertations.’

The leading research method used by the author is the dogmatic/legal method. A study of a wide set of judicial decisions plays a supplementary role as an empirical method. Another advantage of the monograph is its comprehensive methodological approach to individual provisions of the Labour Code that govern the institution of the statute of limitations, including their application in practice, which is mirrored in the selected judicial decisions. Consequently, the monograph offers a picture of how this legal institution looks in practice. As the content of the monograph is accessible and systematised, it also has didactic value.

Author: Dr Ewa Suknarowska-Drzewiecka
Publisher: Frel
ISBN: 978-83-64691-44-7
Year: 2018
Series: Prawo Pracy
Pages: 182
The Book available in the ILS PAS Library: sygn. 54505

See the Author’s other books available in the ILS PAS Publishing House:

Uprawnienia rodzicielskie pracowników