On Suspending a Worker in Performing his Duties

Suspending a worker in performing his duties is the exception to the rule of the sec. 22 § 1 of the Labor Code, stating that a work organization not only has to pay wages to the worker but also to enable him to perform his actual work. The institution of suspension in performing duties is related, in its roots, to the law of civil service. Up to this moment the institution of suspension has not been regulated in the Code of Labor. Suspension in performing duties can usually concern special categories of workers whose rights and obligations are described in their service regulations. The following are to be mentioned: civil servants, communication workers, workers of public forests, teachers, academic teachers, prosecuting attorneys, judges, diplomatic and consular servants, fire department functionaries, penitentiary functionaries, functionaries of civil police and career soldiers. The premises to suspend the workers of the mentioned categories in performing their duties are to a large extent similar. The service regulations usually state that an employee (functionary) can be suspended in his service duties if his withdrawal from performing service duties on account of instituting criminal or disciplinary proceedings is necessary for the benefit of the service. A manager of the work organization or superiors of the worker are vested with the right to decide of the worker's suspension. The worker can be therefore suspended in his duties by means of his service subordination system. Judges are the exception here. It is only their disciplinary court which is able to suspend them in performing their duties. This is a result of the requirement of judicial independence in the scope of jurisdiction. The service regulations usually enable to appeal from the decision of suspension to the manager of work organization or to the superior organ if the first gave a decision. Substantial differences can be observed in the respect of the suspension period. Apart from the service regulation, the institution of suspension in performing duties is provided by the People's Councils Act of 25 Jan., 1958, the State Enterprises Act of 25 Sept., 1981, and the State Tribunal Act of 26 March, 1982. According to the State Enterprises Act, only a manager (director) of a State Enterprise can be suspended, the decision is then given by the founding organ in cases when his further performing duties is a substantial legal offence or can endanger fundamental interests of the State's economy. The founding organ is under obligation to notify the worker's council of a given decision. When the director is suspended in his duties the founding organ has to appoint a temporary manager for the period not exceeding six months. Both the worker's council and the manager of an enterprise can lodge a protest against these decisions. The protest together with its substantiation is lodged to the organ which gave the decision, within seven days of its delivery. If the decision is upheld by the organ which was the addressee of the protest, the director of an enterprise and the workers council can bring an action in the court within seven days. A specific regulation of the institution of suspension is provided by the People's Council Act and the State Tribunal Act. According to the first act, the provincial organ of administration of the voivodship rank can suspend in duties a manager of an administration unit not subordinated to the people's council if a particularly flagrant offence of his service duties causing serious social and economic damage is established. The provincial organ of the State administration is under obligation to notify the competent superior organ upon suspension. The State Tribunal Act relates suspension in duties to the constitutional responsibility of persons holding the highest State offices. Such person is automatically suspended in his duties upon the resolution of the Seym of bringing him to the State Tribunal.Digitalizacja i deponowanie archiwalnych zeszytów RPEiS sfinansowane przez MNiSW w ramach realizacji umowy nr 541/P-DUN/201