Świadczenie pracy na podstawie aktu wyboru w organach wykonawczych jednostek samorządu terytorialnego

• Authors: Beata Bury

Title variants

EN

Rendering work on grounds of act of election in executive organs of territorial self-government units

• Languages of publication: PL

Abstracts

EN

Rendering work on grounds of act of election in executive organs of territorial self-government units In the elaboration the author performs a fragmentary analysis of a legal relation which constitutes grounds of carrying out duties by peo-ple holding a role of executive organs in territorial self-government units (exercising public powers). One should differentiate two situa-tions: to be in charge of a function as a regular post (in the scope of elec-tion as an extracontractual employment relationship) and as an extra-post (honorary). Existence of this dualism is not accompanied by sepa-rate regulations concerning a professional situation of people elected to these organs, which can cause essential doubts in practice of application of the law. Both the Labour Code (art. 73–75 KP) and other normative acts, among others act of 21.11.2008 on self-governmental employees do not contain a detailed regulation of an election as a ground for establishing an employment relationship, particularly in the scope of its change and termination. A catalogue of posts, providing an election as a ground for employment among self-governmental employees, is closed. The act of election to a managerial function in a territorial self-government always leads to establishing an organisational-legal relation, and if a given per-son is to be employed on a ground of particular provisions of a statute, as well as in relation to heads of communes (mayors, presidents of cit-ies) – it also constitutes a ground of establishing an employment rela-tionship. Thus only at a level of an administrative district, province and unions of territorial self-government units it is possible to resign from establishing an employment relationship and to limit merely to organ-isational-legal bonds. In relation with this, a question arises whether 50 such differentiation of a legal status of people fulfilling the same tasks is justified, what legal regulations are to be used towards these people, who are not employees in understanding of labour law. Nowadays a question is quite often posed on justification of main-taining in self-governmental administration an employment relation-ship by election. Finally the elaboration refers to the issue, i.e. whether and possibly in what direction should a concept of development of this extracontractual ground of employment head to.

Keywords

PL

Zatrudnienie

• Publisher: Wyższa Szkoła Prawa i Administracji w Przemyślu. Zamiejscowy Wydział Prawa i Administracji w Rzeszowie
• Journal: Administracja Teoria Dydaktyka Praktyka
• Year: 2014
• Issue: 4(37)
• Pages: 34-51

Contributors

author

Beata Bury

• Wyższa Szkoła Prawa i Administracji Rzeszów–Przemyśl, sędzia Sądu Rejonowego w Rzeszowie