Autonomous Sources of Labour Law in the Light of Constitutional Numerus Clausus. Problems with Qualifying Autonomous Acts under Polish Law

Abstract

One of the most distinguishing features of labour law is the existence of a category of legal acts considered autonomous sources of law. Although not adopted by public authorities, they establish general and abstract norms regulating various labour-related issues and are secured by a complex system of sanctions. The legal effects of autonomous acts must be confronted with the normative model of sources of law. The Constitution of the Republic of Poland has established numerus clausus of sources of law. None of the autonomous sources of labour law are mentioned as a part of the constitutional legal system. The article presents the Polish system of sources of law and clarifies constitutional grounds for creating the normativity of collective agreements and employer’s regulations as autonomous acts.