Sytuacja prawna urzędników państwowych w świetle ustawy z 16 IX 1982

Abstract

The article characterizes a legal status of civil servants falling under the Law of Civil Service Officers of 16 Sept. 1982. The author presents and analyzes basic institutions contained in the Act related to entering, changes and expiry of officers' employment relation as well as to their rights, duties and responsibilities. New regulation is adopting to some extent the provisions of traditional Civil Service Law which was previously based on the Act of Civil Service of 1922, it is also extending the provisions elaborated in common labor regulations on officers' employment relations arising from an act of appointment. In consequence the status of civil servants has a more mixed character. It is combining the elements of public law (appointment, higher subordination to superiors' discretion, disciplinary responsibility etc.) with the obligational ones (giving up compulsory transfers, possibility of dissolution of an employment contract by an officer, partial access to a recourse to the law). An individual character of legal position of civil servants is particularly manifested in the scope of the so-called collective labor relations (by means of limiting unions' freedoms). In the author's opinion it is an obsolete tendency which is not contributing to the work effectiveness of the Civil Service.