Protection of the permanence of employment of uniformed services officers in the case of reorganisation of units employing them — Selected issues

Abstract

The subject of the study is the issue of protecting the durability of non-working service rela-tionships of uniformed officers, whose uniformed formations have undergone a deep reorganisation in recent years. The author made a critical assessment of transitional legal solutions aimed at ad-justing the existing human resources to the current needs and requirements, which in fact exclude the immanent feature of the official employment, which is its stabilisation. In this regard, special attention should be given to issues related to the legal nature of the relevant superior’s proposal to perform the service or employee employment or information about the lack of such an offer and the need to issue a decision terminating the service relationship in the event of its transformation into anemployment relationship under an indefinite contract or fixed period. The subject of the assessment is also the jurisprudence of administrative courts based on the legal solutions adopted by the legis-lator in the indicated scope.