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Selected aspects of employment in public administration – legislative inconsistencies

Kociołek-Pęksa Anna

Zeszyty Naukowe SGSP / Szkoła Główna Służby Pożarniczej

2024

Nr 92 (tom 2)

181--192

The article presents a legal and comparative reconstruction of the types of employment in public administration in Poland. It shows the features that distinguish the sources and essence of administrative and legal employment relationships from non-administrative-law service relationships and from contractual employment relationships. The aim of the article was to point out legislative inconsistencies in regulating the basis for establishing employment relationships in public administration. This inconsistency was illustrated using the example of changes in the employment of academic teachers in higher education institutions in Poland based on the provisions of the Law on Higher Education and Science, which has been amended a numer of times. It has been shown that the employment relationships of academic teachers, despite being formally contractual, are in fact characterized by so many administrative and legal elements that they meet conditions for recognizing them as relationships established on the basis of appointment. The conclusion of the considerations will come down to the formulation of the de lege ferenda postulate for legislative intervention by the amendment in the current regime/ legal sources of employment of academic teachers. It is proposed that the sources of establishing employment relationships for academic teachers be expanded to include sources that ensure a minimum standard of legal security in terms of the stability and predictability of employment required when employing public officials who are academic teacher.