Conscience clause in labour law

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Conscience clause in labour law

Journal Title: Polish Law Review - Year 2015, Vol 1, Issue 1

Abstract

This paper focuses on the issue of the conscience clause within the scope of labour laws. Tension frequently arises in professional contexts when an employee’s duties within the framework of his/her work come into direct conflict with that same employee’s personal set of values. However, only a small number of specific forms of conflict in this arena have the luxury of having received express regulation – for example, the medical profession, in all its guises, is littered with regulatory measures. The simple fact, however, of an issue not yet having received the necessary (or any, come to that) regulatory measures applied to it, does not exclude the application of the constitutional freedoms of belief and conscience, as laid down by A53 paras 1 and 2 of the Polish Constitution, from being enforced. It is for this very reason that I will therefore argue that constitutional standards be made applicable to any employer-employee contract. In order to avoid such conflict, the obvious stage at which to sidestep any future problem regarding the protection of conscience and belief and a possible contretemps with the nature of the tasks to be carried out in the future professional context, is at the time of the signing of the employment contract, in which it can be clearly stated exactly what this work will entail for the prospective worker. At this time, he or she will understand the nature of the work, and will be free to opt in or out, in full awareness of the nature of the work.<br/><br/>

Authors and Affiliations

Jakub Stelina

Keywords

EP ID EP187562
DOI 10.5604/24509841.1197124
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