Abstract

This article is to present the principle of open and competitive recruitment for official positions, applicable under the Polish Act on local government employees. The point of departure for the discussion on the provisions of the Act is the Constitution of the Republic of Poland. Not only has the analysis covered the regulation contained in the Act on employees of local government , but also addressed the relationship between the employer's specific obligation to re-employ the employee on the basis of the provisions of the Polish Labour Code and the rule of general recruitment for official positions applicable under the Law on local government employees. These considerations are largely of a practical nature, based in particular on the relevant case-law and on the professional experience of the author herself, who is a local government staff member employed as an attorney-at-law in a local government unit of the regional level.

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