Prawne warunki stabilizacji zatrudnienia kierownika zakładu pracy
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Date
1988
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Publisher
Wydział Prawa i Administracji UAM
Title alternative
Legal conditions of stabilization of employment of a factory manager
Abstract
In conditions of the economic reform that is in conditions of self-dependence
and self-government of enterprises, a special role is to be played by managerial
staff. Among them the most important place is reserved for managers of state
enterprises and cooperatives. The Labour Code provisions (Art. 4 and 23) declare
that managers of enterprises represent the enterprises to their crews and manage
those enteprises according to the principle of one-person rule The laws regulating
the activity of state enteprises grant their managers the right to taking self-dependent
lawful decisions. Carrying out such important tasks and competences requires
high professional qualifications and organizational skills. At the same time,
however, a condition of the efficient realization of those tasks is to guarantee to
the managerial staff at least some basic conditions of employment stability. To
a considerable degree the latter postulate has been implemented by the Act of
Sept. 25, 1981 on State Enterprises. The provisions of the Act vest tasks of protecting
the stability of employment of a manager in so-called founding organs,
i.e. the State administration organs and the employees' councils of enterprises.
So far, however, managers themselves have had no autonomous legal means to
question the decisions recalling them from managerial posts. Similarly, members
of the management of a cooperative may be recalled by a statutory organ of a
cooperative without any reasons, i.e. without the recalling organ's duty to state
the motives of dismissal. The proposals of changes in that respect in conditions
of a new economic situation seem indispensable.
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Digitalizacja i deponowanie archiwalnych zeszytów RPEiS sfinansowane przez MNiSW w ramach realizacji umowy nr 541/P-DUN/2016
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Citation
Ruch Prawniczy, Ekonomiczny i Socjologiczny 50, 1988, z. 4, s. 155-169
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ISBN
ISSN
0035-9629