Studia z Zakresu Prawa Pracy i Polityki Społecznej (Jun 2023)
The Specific Nature of the Clerical Duty of Loyalty
Abstract
Loyalty to their employer is one of the duties of civil servants, local government employees in clerical positions, and state officials Officials owe loyalty to their employer, in this case an organisation without a legal personality under Art. 3 of the Labour Code and an office as defined by administrative sciences. The clerical duty of loyalty cannot be restricted to the other party to the employment relationship, however. Given the importance of the Polish nationality to the contracting and continuation of clerical employment relationships, officials must be assumed to owe loyalty to the state and public institutions. The clerical loyalty to the Republic of Poland should be seen as a materialisation of the constitutional duty of a citizen’s allegiance to a state. Due to the importance of an act of will to the deprivation of Polish citizenship, the discontinuation of a clerical employment relationship is necessary. ASJC: 3308, JEL: K31