On the Appeal of the Administrative Law Axiology for the Labour Law System and Its Consequences

Abstract

Recently, interest in the method of administrative law regulations to tackle the problems of labour law has remained high in the Polish doctrine of labour law. New studies on this subject emerge every now and then. Leaving aside the perceived validity of the method to arrange labour law relations based on public law, I would like to point to the undoubted “appeal” of the axiological foundations of administrative law for the labour law system and, at the same time, to reflect on the consequences of the aforesaid axiology when looking at the potential choice between the method based on private law or public law in the realm of labour law relations. I assume that such a choice should be ultimately made for the sake of the science of labour law. However if labour is treated as a commodity, there can be no question of an extensive axiology that highlights the good of humans and the morality of the employer.