Encyklopedia Administracji Publicznej MW Pivot Skin

APPOINTMENT – one of non-contractual ways of establishing an employment relationship – alongside → nomination and selection. The employment relationship on the basis of a. is established for an indefinite period, and if, on the basis of special provisions, the employee was appointed for a fixed term, the employment relationship is established for the period set in the a. The employment under a. may be preceded by a → competition even in situations when the specific provisions do not provide for the requirement to select a candidate for the post only as a result of the competition. According to the labour code, the employment on the basis of a. is established in the cases specified in separate regulations, within the time limit specified in the a., and if the time limit has not been decided – on the day of service, unless special provisions state otherwise. As a general rule, the employment on the basis of a. is governed by the provisions on the employment contract for an indefinite period of time, with the exception of the provisions governing: the procedure for terminating employment contracts; dealing with disputes from the employment relationship in the part concerning adjudicating the ineffectiveness of dismissal, restoring to work. The employment relationship established on the basis of the a. refers primarily to persons in managerial positions (e.g., senior civil servants are appointed from 2016), and because of its characteristics the most unstable form of employment, since the appointee can be dismissed by the appointing authority at any time. This rule also applies to employees who, on the basis of special provisions, were appointed for temporary positions. The dismissal must be made in writing and delivered to the employee as a document confirming the activities under the employment relationship. The dismissal is equivalent to termination of the employment contract. During the notice period, the employee is entitled to remuneration in the amount due before the dismissal. The dismissal is equivalent to termination of the employment contract without notice if it occurred for reasons referred to in the labour code [ K. Mroczka ].

Literature: M. Świątkowski, Kodeks Pracy. Komentarz [The Labour Code. A commentary], Warszawa 2010.