Dualny charakter zatrudnienia dyrektora instytutu Sieci Badawczej Łukasiewicz

Abstract

The directors of Łukasiewicz Research Network institutes and their deputies are both the employees of a Network institute and individuals hired under management contracts. The legislator has selected this dual employment model involving two legal relationships. One is a relationship of employment based on appointment, the other a civil relationship of employment based on a contract of Network institute management. The employment model of a Network institute director is opposed to the view, established in the doctrine and judicial decisions, which treats as unacceptable using two grounds for work of the same type. The directors of Network institutes discharge their duties under their appointment, which involve management in the sense prescribed by not only labour legislation but also management sciences. As a result, it should be recognised there are no activities that could form the object of a civil contract to manage a Łukasiewicz Research Network institute. This suggests a need to amend the Łukasiewicz Research Network Act in such a way as to repeal the provisions stipulating institute management contracts.