The Importance of Determining Who Constitutes High-Level Management

Two Distinct and Problematic Cases as A Paradigm in Light of Jurisprudence

Abstract

The aim of this study is to analyze, in light of jurisprudence, two real-world cases that demonstrate the importance of determining who constitutes high-level management personnel, due to the implications this may have for situations foreseen in the regulations governing special employment relationships. In the first case, the issue will be examined from the perspective of the relevance that the notice period regulated for special high-level management employment relationships can acquire in determining whether there has been a resignation by the employee or an unfair dismissal by the employer. In the second case, reference will be made to the figure of the professional public manager to observe how certain public employees may be excluded from the electoral roll in elections for unitary representative bodies, in accordance with the provisions governing special employment relationship for high-level management, which has managed to have a centrifugal or expansive force due to its application beyond its strict scope, even though such employees, in principle, and expressly, did not have the status of professional public managers. In other words, it is assumed that the professional regime that applies to such managers is irrelevant, since, even if they are designated as high-level management personnel or with an administrative status, in any case, they will be excluded.