Employee Subordination of Civil Service Officials in the Context of Remote Work: Insights from Polish and Ukranian Experience

Abstract

The concept of employee subordination is a fundamental aspect of the employment relationship, which is currently undergoing evolution towards greater employee independence. This article addressed the issue of employee subordination using civil servants as a case study. The selection of this professional group was based on the classic form of subordination within their employment relationship, which has deep historical roots. The COVID-19 pandemic normalised the remote work, including in administration, presenting a new phenomenon in Poland and Ukraine. The adoption of remote work in government administration marked a significant shift towards more flexible employment rules for civil servants. This study examined how Poland and Ukraine have integrated the remote work into their post-pandemic realities. The paper investigated whether heightened flexibility in employment regulations regarding remote work can align with the distinctive responsibilities of government officials. The methodology involved a comprehensive review and analysis of legal doctrines, judicial decisions, and scholarly literature related to subordination in labour law. Using legal frameworks and analyses, the article explored manifestations of subordination in labour law, focusing on the control and management exerted by employers over workers. Specific consequences of legal subordination, such as organisational prerogatives, regulatory powers, and disciplinary authority, were scrutinised within the employment relationships. The first section of the article explored subordination as a central feature of the employment relationship, highlighting indicators of subordination among civil servants in government administration, particularly considering employees appointed to their roles. The subsequent section discussed Polish and Ukrainian experiences with the remote work during the pandemic, alongside current legal provisions enabling the remote work in government administration post-pandemic. Drawing from legal frameworks in Poland and Ukraine, the article analysed the implications and intensity of legal subordination within employment relationships, examining employer powers like organisational control, regulatory oversight, and disciplinary actions that define the degree of subordination experienced by employees. In conclusion, the article contended that subordination should be understood not solely as a hierarchical relationship but as a system of ordered relations. The primary function of subordination is to establish order and structure within systems governed by legal norms, governmental bodies, or officials. This article was based on a paper presented at the LLRN-6 conference in Warsaw (June 25-27, 2023).