“Transformation” of a Tax and Customs Administration Officer’s Service Relationship into an Employment Relationship Cover Image

“Transformation” of a Tax and Customs Administration Officer’s Service Relationship into an Employment Relationship
“Transformation” of a Tax and Customs Administration Officer’s Service Relationship into an Employment Relationship

Author(s): Mirosław Wincenciak
Subject(s): Labor relations, Fiscal Politics / Budgeting, Labour and Social Security Law
Published by: Wydawnictwo Naukowe Uniwersytetu Marii Curie-Sklodowskiej
Keywords: service relationship of uniformed services officers;

Summary/Abstract: Lack of court protection for officers whose current service relationship is substituted with a form that is less beneficial – an employment relationship, should be seen as a violation of their right to trial. A labour court, by definition, is not an appropriate court when it comes to cases of entering into or the termination of service relationships having a legal and administrative character. This court can judge cases concerning the employment relationship of an employee but fundamentally does not have jurisdiction to assess the establishment and termination of a legal and administrative relationship. Therefore, sending customs officers to labour courts causes the transformation of a service relationship into an employment relationship to slip out of court control.

  • Issue Year: 29/2020
  • Issue No: 1
  • Page Range: 215-227
  • Page Count: 13
  • Language: English