Legal Updates

Supervision by a State authority over the functioning of its external concessionaire does not make the employees of the concessionaire a State employee

September 23, 2023
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A shooting instructor employed at the National Police College by a concessionaire was terminated and demanded to be recognized as a police employee.

The Court rejected the claim and held that there was no employer-employee relationship between the police and the employee. The Police Ordinance defines the manner of recruitment of a candidate for service, the manner of his initial employment and the course of the trial period. The police did not employ the employee, did not recruit him to the police as required by law and he did not receive any salary from the police. The State only supervised the services provided by the concessionaire, who even acknowledged its responsibility as an employer towards that employee. The mere fact that a person works in the in the police premises while carrying a weapon does not by itself indicate an employee-employer relationship. Thus, the claim was rejected.