Glosa do wyroku Naczelnego Sądu Administracyjnego z dnia 21 marca 2023R., III OSK 2148/21 (częściowo aprobująca)

In the judgment under review, the Polish Supreme Administrative Court addresses the issue of special protection of the employment relationship of an individual holding the position of a councilor. A critical comment on this ruling concerns the Court’s decision that the consent of the municipal council is required not only for the employer to terminate the employment relationship with an employee-councilor but also for issuing a modification of the employment contract to such an employee. In this regard, the Court provides an expansive interpretation of Article 25 paragraph 2 of the Local Government Act. The approving part of the gloss broadly refers to the underlying principles of protecting the employment relationships of individuals holding socially significant roles. The above aims to demonstrate the correctness of the Polish Supreme Administrative Court’s thesis that the purpose of protective regulations is not to provide unconditional protection in the sphere of a councilor’s rights in the field regulated by labor law.