Appointing an enforcement officer does not create an employment relationship based on appointment under Labor Code.
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by a bailiff against the State Treasury regarding the existence of an employment relationship. The plaintiff argued that his dismissal was illegal because his appointment as a bailiff constituted a 'mianowanie' (appointment) under the Labor Code, whereas the court found his initial employment was based on a contract from 1980. The court ruled that the subsequent appointment letter merely assigned executive functions and did not transform the contractual relationship into one based on appointment, as no appointment decree was ever issued.
Legislator headnote
AI generatedUstawa o pracownikach urzędów państwowych; Kodeks pracy: Przepisy dotyczące mianowania urzędnika państwowego nie mogą być zastosowane do nawiązania stosunku pracy na podstawie powołania do pełnienia funkcji organu egzekucyjnego.