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Contents: 1. Introductory remarks. 2.A brief historical overview. 3. Organisation of the labour judiciary. 4. Material and territorial jurisdiction of labour courts. 5. Proceedings in labour law cases. 5.1. Expanding the circle of entities that can represent an employee before the court. 5.2. Distinctions in the field of evidentiary proceedings. 5.3. Guarantees of speed of proceedings. 5.4. Increasing the court’s ability to act ex officio. 5.5. Limitation of litigation costs on the part of the employee. 6. Conclusions.
1. Introductory remarks
The existence of special mechanisms for the settlement of disputes arising in the sphere of employment has a long history in Poland – dating back to 19281. The distinctions take into account both the specificity of these cases, as well as the position of the participants in the dispute2. Traditionally, the protective dimension of the rules governing labour law proceedings has been recognised, based on the assumption of the factual inequality of the parties, which the legislature in some way compensates3. By establishing specific mechanisms for resolving labour law disputes, the legislator also implements the constitutional principles of labour protection (Art. 24 of the Constitution of the Republic of Poland), the principles of social justice (Art. 2 of the Constitution of the Republic of Poland) and the right to court (Art. 45(1) of the Constitution of the Republic of Poland), understood as the right to actual access to justice and a properly formed procedure4.