Does care matter – The Principles of The Polish Labor Law versus Care Practices

Abstract

In recent years, the interest in supporting working parents has become a more and more popular motivator for companies. Employers notice that introducing work-life balance support strategies may be crucial to the development of an organization by the better access to skilled employees who require some flexibility in working conditions due to their caring responsibilities. Therefore, they do not limit themselves only to the fulfilment of obligations under the law, but grant additional rights to caregivers and the children themselves. Because although, as a rule, in the Polish legal system, the care of employees is regulated by the Labour Code and other acts, various forms of supporting care may also be provided in corporate sources of labour law, collective agreements, work regulations, and other documents.

The principle of satisfying the living, social and cultural needs of employees expressed in Article 16 of the Labour Code is interpreted most often as an axiological basis for the functioning of the company's social benefits fund, while the content of Article 16 of the Labour Code should be understood as an instrument of social and employment policy, especially in the context of supporting parenthood. Further research is recommended on this principle, which is essential for the content of the labour law.