Legal nature of constitutional legal employment relations Cover Image

Charakter prawny stosunków zatrudnienia konstytucyjnoprawnego
Legal nature of constitutional legal employment relations

Author(s): Jakub Stelina
Subject(s): Constitutional Law, Civil Law, Labor relations
Published by: Wydawnictwo Uniwersytetu Gdańskiego
Keywords: constitutional legal employment relations;

Summary/Abstract: The article discusses the legal nature of the so-called constitutional legal employment,also known as systemic employment, which is a legal relationship which concerns persons performing functions of the most important state authorities (f. ex. the President, the Prime Minister, ministers) or the members of collective state authorities (f. ex. the members of parliament). Each of these persons remain in the so called organizational legal relationship, the content of which concerns the exercise of political, governmental, administrative or representative competences. Sometimes labor relations are established with persons holding the functions of state authorities in order to protect their social and professional interests, but it is not always the case. This means that in most cases the professional and social status of such persons is virtually unregulated. The only privilege they enjoy in all such cases is the right to remuneration (except for parliamentarians, who have a high degree of professional and social rights). This situation is highly unsatisfactory and raises a number of practical questions related to the establishment of professional and social rights (f. ex. the right to leave) of persons who hold the functions of state authorities.

  • Issue Year: 2014
  • Issue No: XXXI
  • Page Range: 973-982
  • Page Count: 10
  • Language: Polish