Selected Aspects of Employment in Public Administration – Legislative Inconsistencies
Year: 2024
Type: article
Abstract: The article presents a legal and comparative reconstruction of the types of employment inpublic administration in Poland. It shows the features that distinguish the sources and essenceof administrative and legal employment relationships from non-administrative-law servicerelationships and from contractual employment relationships. The aim of the article was to pointout legislative inconsistencies in regulating the basis for establishing employment relationshipsin public administration. This inconsistency was illustrated using the example of changes inthe employment of academic teachers in higher education institutions in Poland based on theprovisions of the Law on Higher Education and Science, which has been amended a numberof times. It has been shown that the employment relationships of academic teachers, despitebeing formally contractual, are in fact characterized by so many administrative and legalelements that they meet conditions for recognizing them as relationships established on the basisof appointment. The conclusion of the considerations will come down to the formulation of thede lege ferenda postulate for legislative intervention by the amendment in the current regime/legal sources of employment of academic teachers. It is proposed that the sources of establishingemployment relationships for academic teachers be expanded to include sources that ensurea minimum standard of legal security in terms of the stability and predictability of employmentrequired when employing public officials who are academic teacher.
Source: Zeszyty Naukowe SGSP
Author: Anna KOCIOŁEK-PĘKSA
Institution: SGH Warsaw School of Economics
Language: English
Topic: Polish Law and Legal System
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4405886576