Officials' rights

OFFICIALS' RIGHTS - a set of specific rights arising from either labor law or the special status granted to officials by the state, e.g. by appointment - pursuant to → pragmatics of officials (→ official). The rights of office employees and officials (especially appointed officials) differ because the rights of officials are broader. Basic rights include: legal protection on the part of the employer; professional development; periodic assessment; remuneration, special and jubilee awards and additional annual remuneration (the so-called thirteenth salary); one-time severance pay after retirement or disability pension; financial non-wage benefits; specific working time; vacation leave, health leave, unpaid leave; retirement. Officials enjoy the legal protection provided in the Criminal Code for → public officials, which covers three issues: protection against violence; legal protection of official activities performed by a public official and protection against other types of offenses against a public official (e.g. insults, misappropriation of a public function). In Poland up to 2012, public officials were also covered by civil law protection, which meant that the State Treasury was responsible for damages caused by officials during the performance of their duties. The right to professional development - the professional career of an official depends on qualifications, talents and achievements. The employer, separately for each position in the office subordinate to him, should develop an individual professional development program, which is the basis for training placement. The right to periodic assessment - the assessment is used to increase the level of effectiveness of activities performed by employees and to increase the level of employee motivation and commitment, as well as indicates directions for their further development. Employee appraisals are also a tool that can be used in the de-recruitment process. The right to remuneration is due for work undertaken, which is regulated by the Labor Code. The periods of work entitling to an allowance for long-term work include all previous completed periods of employment and other proven periods, if under separate provisions they are included in the period of work on which employee rights depend. In Poland, periods of employment do not include time of employment in the communist party (Polish Workers' Party and Polish United Workers' Party), as well as in state security bodies (within the meaning of Article 2 of the Act on disclosure of information on documents of state security bodies from 1944–1990 and the content of these documents). In Poland, as well as other European countries, there is a discussion about the pay system in administration, and the dispute concerns the concept of justice. In the past, the career system was considered fair - with a guaranteed salary which increased with seniority in public administration, today many believe that officials should be rewarded in a differentiated manner in line with individual effort. The implementation of a remuneration system based on results seems to be an attractive concept, but it also raises many doubts. As Christoph Demmke emphasizes, the expectation of individual treatment conflicts with the expectation of equal treatment. Other rights of a financial nature: 1. a special and jubilee award - jubilee awards are granted after working for a minimum of 20 years up to 45 years (75% and 400% monthly salary respectively); 2. a one-time severance pay - after retirement or disability pension, one-time severance pay amounting to three months’ salary, and in the civil service if the period of work in this service is at least 20 years - at the amount of six months' salary; 3. benefits related to covering costs in the event of a civil servant or public official transfer to work in another city – specified in detail in the Civil Service Acts and the Act on employees of state offices; 4. benefits related to covering costs in the event of the secondment of a civil service member or public official to tasks outside the office premises - specified in detail in the Civil Service Acts and the Act on employees of state offices. Financial non-wage clerical rights - the most common are: holiday financing, study or training funding, related to sport, as well as the possibility of using parking spaces. The right to a specific amount of working time - in local government administration working time is governed by the general provisions of the Labor Code, while in the civil service corps and in state offices by the principles set out in official pragmatics. And so, in these two clerical corps, working time cannot exceed 8 hours a day and an average of 40 hours a week i in the accepted settlement period not longer than 12 weeks. A civil service employee is entitled to leisure time equivalent to the same amount of overtime for work performed at the order of his supervisor. A civil service official for overtime work is only entitled to leisure time in the same amount if the work was conducted at night, and for work on Sunday - a non-working day in the following week, for work on a public holiday - another day off. In case of work performed at the order of a supervisor outside the normal working hours, a public officer is entitled to remuneration or leisure time according to his choice, however the leisure time may be granted in the period immediately preceding or following the employee’s holiday leave. However, in the case of government officials employed in managerial and independent positions in general offices and central state administration bodies, leisure time is only available for work outside the normal working hours performed at night and on a Sunday or holiday. The right to holiday leave is governed in principle by the provisions of the Labor Code, including its dimension. Other rules apply to civil servants - they are entitled to additional annual leave: after 5 years of employment in the civil service - 1 day, and with each year of work - another day until reaching 12 additional days. The period of work entitling to additional vacation leave includes only the period of employment in public administration. The right to unpaid leave - a civil servant has the right to unpaid leave while performing tasks, occupying a specific position or performing functions outside the civil service "in cases justified by public interest", e.g. applying for a councilor seat, a mandate in parliament or a senator mandate (however not during the time of performing these roles). The right to old-age pension from the Social Insurance Fund is granted on the principles set out in the provisions on old-age and disability pensions. A civil servant is entitled to reinstatement if the employment relationship has expired due to detention on remand, or when criminal proceedings have been discontinued or an acquittal has been issued and the official has reported his return to work within seven days of the judgment becoming final - then the director general of the office in which the official performed work is obliged to re-employ him, taking into account his professional qualifications. This provision does not apply if criminal proceedings were discontinued due to prescription or amnesty, as well as in the event of conditional discontinuation of proceedings. An appeal may be directed to the labor court in the event of refusal of re-employment in the civil service. Some of the clerks' powers are closely related to the nature of work in administration, including the type of special obligations, such as the possibility of transfer to work in another place. Undoubtedly, some rights and obligations require further clarification, e.g. the limit of loyalty to the government or the right of freedom of expression are still unclear, specifying its limit, especially in relation to government policy. (→ civil service; local government employees; clerical law) [J. Itrich-Drabarek]

Literature: Ch. Demmke, Civil Services Between Tradition and Reform, EIPA, Maastricht 2004 ■ J. Itrich-Drabarek, The Civil Service in Poland - Theory and Experience, Frankfurt am Main 2015.