Wpływ Kodeksu pracy na przemiany w zakresie regulacji niektórych stosunków materialnych i procesowych nominatów ze szczególnym uwzględnieniem urzędników służby cywilnej
The Impact of the Labour Code on Regulations Concerning the Employment of Civil Servants
Author(s): Tadeusz KuczyńskiSubject(s): Civil Law, Labor relations, Interwar Period (1920 - 1939), WW II and following years (1940 - 1949), Post-War period (1950 - 1989), Law on Economics
Published by: Wydawnictwo Naukowe Uniwersytetu Marii Curie-Sklodowskiej
Keywords: Labour code; labour law; civil service act; civil service; civil servant; nomination;
Summary/Abstract: The article studies the impact of the Labour code on regulations concerning the employment of civil servants. The employment in civil service, based on the Act of 1922 (in force until the end of 1974), had a public law character. Disputes involving civil servant were settled in accordance with the administrative procedure. The acts of law concerning civil service adopted in the post-war Poland took over many legal institutions from the 1922 act (e.g. suspension in duties, stability of employment, disciplinary responsibility), however treated them as contractual in character rather than public. Under the influence of the Labour code, the status of civil servants gradually become similar to the common status of contract-based employees. This also concerned the disputes, which were referred to the jurisdiction of labour courts. Some components of the status retained their public law character. In such cases, the administrative court is competent.
Journal: Studia Iuridica Lublinensia
- Issue Year: 24/2015
- Issue No: 3
- Page Range: 365-374
- Page Count: 10
- Language: Polish
