O zawieszeniu pracownika w wykonywaniu obowiązków
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Date
1982
Authors
Advisor
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Journal Title
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Publisher
Wydział Prawa i Administracji UAM
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On Suspending a Worker in Performing his Duties
Abstract
Suspending a worker in performing his duties is the exception to the rule
of the sec. 22 § 1 of the Labor Code, stating that a work organization not only
has to pay wages to the worker but also to enable him to perform his actual
work. The institution of suspension in performing duties is related, in its roots,
to the law of civil service. Up to this moment the institution of suspension has
not been regulated in the Code of Labor. Suspension in performing duties can
usually concern special categories of workers whose rights and obligations are
described in their service regulations. The following are to be mentioned: civil
servants, communication workers, workers of public forests, teachers, academic
teachers, prosecuting attorneys, judges, diplomatic and consular servants, fire
department functionaries, penitentiary functionaries, functionaries of civil police
and career soldiers. The premises to suspend the workers of the mentioned categories
in performing their duties are to a large extent similar. The service regulations
usually state that an employee (functionary) can be suspended in his service
duties if his withdrawal from performing service duties on account of instituting
criminal or disciplinary proceedings is necessary for the benefit of the service.
A manager of the work organization or superiors of the worker are vested with
the right to decide of the worker's suspension. The worker can be therefore
suspended in his duties by means of his service subordination system. Judges are the exception here. It is only their disciplinary court which is able to suspend
them in performing their duties. This is a result of the requirement of judicial
independence in the scope of jurisdiction. The service regulations usually enable
to appeal from the decision of suspension to the manager of work organization
or to the superior organ if the first gave a decision. Substantial differences can
be observed in the respect of the suspension period.
Apart from the service regulation, the institution of suspension in performing
duties is provided by the People's Councils Act of 25 Jan., 1958, the State
Enterprises Act of 25 Sept., 1981, and the State Tribunal Act of 26 March, 1982.
According to the State Enterprises Act, only a manager (director) of a State
Enterprise can be suspended, the decision is then given by the founding organ in
cases when his further performing duties is a substantial legal offence or can
endanger fundamental interests of the State's economy. The founding organ is
under obligation to notify the worker's council of a given decision. When the
director is suspended in his duties the founding organ has to appoint a temporary
manager for the period not exceeding six months. Both the worker's
council and the manager of an enterprise can lodge a protest against these
decisions. The protest together with its substantiation is lodged to the organ
which gave the decision, within seven days of its delivery. If the decision is
upheld by the organ which was the addressee of the protest, the director of
an enterprise and the workers council can bring an action in the court within
seven days.
A specific regulation of the institution of suspension is provided by the
People's Council Act and the State Tribunal Act. According to the first act, the
provincial organ of administration of the voivodship rank can suspend in duties
a manager of an administration unit not subordinated to the people's council if
a particularly flagrant offence of his service duties causing serious social and
economic damage is established. The provincial organ of the State administration
is under obligation to notify the competent superior organ upon suspension. The
State Tribunal Act relates suspension in duties to the constitutional responsibility
of persons holding the highest State offices. Such person is automatically
suspended in his duties upon the resolution of the Seym of bringing him to the
State Tribunal.
Description
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Digitalizacja i deponowanie archiwalnych zeszytów RPEiS sfinansowane przez MNiSW w ramach realizacji umowy nr 541/P-DUN/2016
Keywords
Citation
Ruch Prawniczy, Ekonomiczny i Socjologiczny 44, 1982, z. 4, s. 105-123
Seria
ISBN
ISSN
0035-9629