Z Problematyki Prawa Pracy i Polityki Socjalnej, T. 17 (2008), s. 63-80
On the basis of the regulation of the act on self-management employees, one can formulate
the thesis according to which the notion of a self-management employee is a normative construction
composed of two elements. The first of them constitutes the place of employment, the other
the basis of the work relationship establishment.
The Quality of a self-management employee is benefited due to the fact of being employed
in a given territory self-management unit. The act on self-management employees indicates the
units constituting the place of employment for self-management employees. The regulation in
question has the form of a closed catalogue, which means that the quality of a self-management
employee is acquired due to the employment only in the territory self-management units enumerated
in the act.
The second element of a normative construction of a self-management employee is the basis
of the work relationship establishment. The act on self-management employees based on the multiplicity
of employment bases points to the four bases of work relationship establishment: election,
appointment, nomination and work relationship. What lies behind this differentiation is the
employer’s attempt to adjust the basis of employment to the type of the employee’s post and
scope of duties.