Encyklopedia Administracji Publicznej MW Pivot Skin

NOMINATION – one of non-contractual ways of establishing an employment relationship – alongside appointment and selection. The labour law does not include detailed regulations relating to n., which results in a multiplicity of legal acts relating to different groups of employees and institutions of nomination. The employment relationship on the basis of n. is only made in the cases specified in the separate laws called the service pragmatics that regulate the rights and duties of groups of employees in public services. Such specific regulations are included, among others, in the Civil Service Act, the Act on state offices’ employees, the Teachers’ Charter. N. is the basis for establishing a professional employment relationship, which differs from the obligation to work by a lack of equality of the parties: the employee (referred to in certain official relations as the functionary) and the employer. The particular nature of the work of the nominated employee is to carry out his/her duties under strict subordination, which may require him or her to be more readily available to the employer. It is expressed in the obligation to carry out instructions on the basis of which the employer has the right to temporarily change the essential employment conditions of the nominated employee. An employee hired on the basis of n. may be temporarily transferred to another office in the same or different locality, to the same or a different job position than he/she has been nominated for. Increased dependence and availability of the employee remaining in the professional employment relationship is compensated by greater employment stabilization. In the understanding of the labour law, n. is a unilateral legal act of an appropriate body, evoking – like appointment and selection – a double effect: it entrusts a given person with competences appropriate to the position he/she holds and leads to the establishment of an employment relationship. N. is an autonomous basis for establishing an employment relationship, therefore, for its validity, it does not require confirmation in the form of a contract of employment. On the other hand, the consent of the person concerned to take up employment is required, expressed directly by accepting the nomination or implicitly by actually starting to perform the duties (→ official) [ K. Mroczka ].

Literature: J. Itrich-Drabarek, Uwarunkowania, standardy i kierunki zmian funkcjonowania służby cywilnej w Polsce na tle europejskim, Warszawa 2010 ■ K. Mroczka, Wpływ polityki zarządzania zasobami ludzkimi w służbie cywilnej na funkcjonowanie państwa, Warszawa 2015 ■ M. Świątkowski, Kodeks Pracy. Komentarz, Warszawa 2010.