Uwagi o regulacji prawnej zatrudnienia osób zarządzających zakładem pracy

Abstrakt

REMARKS ON THE LEGAL REGULATION OF EMPLOYMENT
OF MANAGING STAFF

It is discussed whether employment relations of managing employees should be regulated in labour law or in civil law. In the context of labour relations, it is difficult to define a  person who is enabled by an employer to act as a  principal towards an employee being a  member of the managing staff. The author reviews the state of Polish labour law in order to ascertain whether it is admissible to employ members of managing staff on the basis of employment relation. In the author’s opinion, the binding Polish labour law does not exclude managers from the scope of employment relation. The specific status of managing employees requires another type of a  legal regulation. There is no need to maintain a  limited financial responsibility of a  manager in employment relation and a  full protection from the termination of employment contract which should be reserved rather for typical workers. The above-mentioned problems should be dissolved in a  framework of a  particular labour contract which would be dedicated to members of managing staff.