Official pragmatics

From Encyklopedia Administracji Publicznej

OFFICIAL PRAGMATICS ̶ a legal act in the rank of an act regulating issues related to the employment relationship in public administration, i.e. competences, principles of the hierarchy of service, as well as the rights and obligations of employees and officials. It is a kind of professional (service) pragmatics, which is a concept derived from legal sciences. It is assumed that pragmatic rules take precedence over the provisions of the Labor Code, and therefore are not common and apply only to a specific group, in the case of pragm. - persons employed in clerical positions in public administration. The number of pragmatists can vary depending on the will of the legislator. In the case when the legislator consistently implements a specific, internally coherent model of employment in public administration, the diversity of pragmatics may be minimal. On the other hand, in the absence of legislator consistency in implementing the strategy of the employment model in public administration, there are usually a greater number of pragmatic offices, which are characterized by the diversity of employment forms, the nature of legal employment relationships, the scope of duties and rights of employees and officials, catalogs of forms and modes of change and termination of employment relations, type and mode of claiming liability, etc. An example of differentiated official pragmatics are public administration employment models through employment contracts, appointments or designations. There is a different scope and nature of separateness in the content of employment relationships arising on the basis of appointment and designation in comparison with the contractual employment relationship subject to the general provisions of labor law. There are three pragmatic offices in Poland (2019): for the civil service corps, for employees of state offices and for local government employees. There are significant differences between them, e.g. in terms of → rights of officials. (→ official; clerical law; civil service; local government employees) [J. Itrich-Drabarek]

Literature: J. Stelina, Official Law, Warsaw 2017 ■ The Transformations of the Civil Service in Poland in Comparison with International Experience, edited by J. Itrich-Drabarek, S. Mazur, J. Wiśniewska-Grzelak, Frankfurt am Main 2018.