Legal opinion on the status of a Deputy employed as secretary of the commune Cover Image

Opinia prawna w sprawie statusu posła zatrudnionego na stanowisku sekretarza gminy
Legal opinion on the status of a Deputy employed as secretary of the commune

Author(s): Piotr Czarny
Subject(s): Law, Constitution, Jurisprudence
Published by: Kancelaria Sejmu
Keywords: incompatibility; political party; Deputy; local government; unpaid leave

Summary/Abstract: A person employed as secretary of the commune (county, province), who has been granted unpaid leave in connection with the assumption of a seat in parliament, is still subject to the statutory prohibition on the creation of, and membership in, political parties. Membership in a political party of a person who is in this situation, existing at the end of unpaid leave must be considered as the basis for the refusal to allow such a person to perform the duties for the position held and for recruitment to other equivalent position. If membership in a political party would expire before returning to his/her duties in the office of the commune, it could be by the employer as a basis for changing conditions employment (change in position), but there is no such necessity

  • Issue Year: 2016
  • Issue No: 3
  • Page Range: 149-156
  • Page Count: 8
  • Language: Polish
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