19.10.2022

EMPLOYMENT CONTRACT AFTER SELECTION

The election is applied primarily in state bodies - representative or executive (for example - election of a mayor). On the basis of election, a position can also be held in state institutions - rector, dean, etc. The election can be a basis for holding a position in a non-profit legal entity, a political party or a public organization. The election can also be provided for in the Articles of Association of a commercial company (e.g. election of the Chairman of the Management Board).

A choice does not always create an employment relationship. At first, it was related to holding a representative position (Chairman of the Student Council). The selection creates an individual employment relationship when the position is full-time - provided for in the staff schedule of the relevant enterprise and paid - a salary is paid. As a basis for the emergence of an individual employment relationship, the selection establishes certain professional requirements for the candidate (these requirements depend on the position). The candidate must also meet certain personal requirements, for example - age (also depend on the position). Thirdly, the selected person must give his prior written consent to be selected. Selection is also made when only one person applies for the position.

An election is made to fill a position that is vacant or about to be vacated, as well as in the case of a prolonged absence of the person occupying it. The term for which the person is elected is no longer than 5 years.

The election is made by an electoral body established by law, in an act of the Council of Ministers or in a statute. An election is produced when more than half of the persons entitled to vote are present, and the vote is public unless the electing body decides to be secret. Each position is voted for separately, and the candidate who received the most votes, but not less than half of the votes of those who participated in the voting, is considered elected.

It is established in the law that the employment relationship arises from the announcement of the candidate as elected. The selected person is obliged to start work within 2 weeks of receiving the message about the result of the selection.

When the election has ended without any of the candidates being elected, the employment relationship with the person occupying the position for which the election is being held continues until the successful completion of the next election. The employment relationship with the selected person, who did not start work, is considered not to have arisen.

Reference:

Art. 1, para. 2, Art. 84, Art. 85, Art. 86, Art. 87 of the Labor Code