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Prof. dr hab. Tadeusz Kuczyński
ORCID: 0000-0001-8733-1627

Professor, of law, head of the Labour Law Department at the Faculty of Law, Administration and Economics of the University of Wrocław. Author and co-author of many scientific studies in the field of labour law (e.g. regarding intellectual creativity of employees, competition and unfair competition in labour law) and service relationships (matters concerning the employment of appointed employees of state services, professional soldiers and officers of militarised services).

 
DOI: 10.33226/0032-6186.2021.3.1
JEL: K31

The study is concerned with the legal institution of taking an oath by persons entering into a labour and non-labour service relationships. This institution has a long tradition, and its source is the duty of fidelity. An oath is a conventional act of a performative nature which, for its effectiveness, must meet certain requirements regarding form and content. Although the acts of oath fulfill a functionally similar role, individual provisions unjustifiably differently define the moment when the obligation to take the oath arises and the consequences of its violation (e.g. invalidity of a legal act, dismissal from service, expiration of employment). These regulations have an impact on the procedural status of employees and functionaries of state services in connection with the assertion of possible claims.

Keywords: oath; employee; functionary; form and content of the oath; refusal to take an oath
DOI: 10.33226/0032-6186.2020.3.4
JEL: K23, K31

This article discusses basic legal problems relating to the designation of professional soldiers and
functionaries of state services, e.g. the Police, the State Fire Service or the Prison Service, as
academic teachers at military and state service higher education institutions. The status of parties to
such an employment relationship is governed by the provisions of the Act on higher education and
science, the provisions of law pertaining to, respectively, the military service of professional soldiers
or functionaries of state services and the provisions of the statutes of higher education institutions.
The specific tasks in the field of national defence and security carried out by those higher education
institutions and the complexity of the methods of legally regulating the status of the parties result in
their simultaneous performance of different roles, with the employer acting as a higher education
institution and a military unit or a unit of the relevant state service represented by the commandant-
rector and the employee acting as an academic teacher and a professional soldier or a functionary. In
comparison with civilian higher education institutions, the differences regarding the designation of
professional soldiers and functionaries of state services to the position of an academic teacher stem
primarily from: a) the manner and mode of entrusting the position, b) the qualifying requirements for
candidates, c) the requirements regarding the duty to conduct a competition procedure prior to
establishing an employmentrelationship, d) the mode of resolving disputes.

Keywords: professional soldier; functionary of state services; academic teacher; military higher education institution; state service higher education institutio