29.03.2023

A COMPETITION MAY HAVE FOR DIFFERENT POSITIONS UNDER THE LABOR CODE

The Labor Code definitely provides for the possibility of appointment under an employment contract and through a competitive procedure. To put it another way - the competition is not only just under the Civil Servant Act.

The Labor Code states that a competition can be held for occupation of any position except for a position for which it is intended to be held on the basis of choice. In practice, this means that there can be a competition for any place. There is an exception only for electorals - mayors, governing bodies of universities, parties and more. It is necessary to point out that the positions to be held in a competition shall be determined by law, in an act of the Council of Ministers, by a minister or head of another agency or by the employer. The positions, defined as competition, are occupied only on the basis of a competition. Until the competition, the post can be undertaken by a fixed -term employment contract until it is occupied on the basis of a competition, the Labor Code also determines.

There is another exception - the rules for the Labor Code competition do not apply to competitions for occupation of academic positions.

According to the Labor Code, the competition notice must contain several mandatory elements. Among them are the name of the enterprise, the place and nature of the job and the requirements for the position, the manner of conducting the competition. In addition, the necessary documents, the place and the deadline for submission, which may not be less than 1 month, must be indicated. The characteristic of the competitive position is provided in advance to the candidates to get acquainted with it, the code also orders.

The rule is important that the consent of the employer with whom the applicant works is not required to participate in a competition. Moreover, the applicant is entitled to unpaid leave for the days of participation in the competition and up to 2 days for travel, when the competition is held in another settlement. This leave is recognized as work experience.

This comes to the issue of admission or non-admission to the competition. The applicants' admission is carried out by a committee appointed by the employer. The underlying candidates shall be reported in writing the refusal. Within 7 days of the communication, they may object to the employer, who has announced the competition, which, within 3 days of receipt of the objection, resolves the issue definitively. The admitted candidates, on the other hand, shall be communicated in writing the date, the time of the commencement and the place for conducting the competition.

The competition is conducted by a committee appointed by the employer. It includes appropriate specialists. The Labor Code determines that the competition committee must hold the competition in the announced manner. The committee must evaluate the professional training and other qualities of the candidates necessary for the position and ranked only the successful competitions. A protocol is drawn up for the competition. The result of the competition is notified to the persons involved in it within 3 days of its conduct.

The Labor Code orders that the employment relationship arises with the person ranked first from the day on which the result was received. The person concerned is obliged to go to work within 2 weeks of receipt of the notification. For good reasons, this period is up to 3 months. If the person does not go to work within these deadlines, then the employment relationship is considered to be non -incorporated. In this case, the employment relationship arises with the next participant in the competition, which is notified in writing.