Dualny charakter zatrudnienia dyrektora instytutu Sieci Badawczej Łukasiewicz
The dual nature of employment of łukasiewicz Research Network institute directors
Author(s): Mariusz WieczorekSubject(s): Business Economy / Management, Labour and Social Security Law
Published by: Wydawnictwo Uniwersytetu Jagiellońskiego
Keywords: appointment; management contract; research institute;
Summary/Abstract: The directors of Łukasiewicz Research Network institutes and their deputies are both the employ- ees of a Network institute and individuals hired under management contracts. The legislator has selected this dual employment model involving two legal relationships. One is a relationship of employment based on appointment, the other a civil relationship of employment based on a con- tract of Network institute management. The employment model of a Network institute director is opposed to the view, established in the doctrine and judicial decisions, which treats as unacceptable using two grounds for work of the same type. The directors of Network institutes discharge their duties under their appointment, which involve management in the sense prescribed by not only labour legislation but also management sciences. As a result, it should be recognised there are no activities that could form the object of a civil contract to manage a Łukasiewicz Research Network institute. This suggests a need to amend the Łukasiewicz Research Network Act in such a way as to repeal the provisions stipulating institute management contracts.
Journal: Studia z Zakresu Prawa Pracy i Polityki Społecznej
- Issue Year: 31/2024
- Issue No: 2
- Page Range: 135 - 142
- Page Count: 8
- Language: Polish
