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The state is a Janus-face actor in the legal system. It is a sole player with double identities, because it has a big role in the area of public law and in the area of private law at the same time. Not just the role of the state is double-sided, but the actions of the state as well. The state personalizes public authorities like legislation, law enforcement, judgement. It is a pseudo person in daily economy who has built the frameworks. This economy separates more circles. One of these circles is the employment policy and labour law. The state finances the institution and corrects the mistakes of the labour market with the instrument of social policy. It works as an invisible hand in this labour market, but this hand shows itself in the relationships of the civil service law, and in ‘the employment relationships with public employers’. In both cases the state is not just a regulator, but an active partner as well. This is a schizophrenic situation: the state has to limit its own authority. The state as an employer must observe the rules of the Labour Law Act. This obligation origin from its authority. But what is the state in this situation? Owner or the lord of the poverty? The simple answer is‘it depends’. The longer answer is that it depends on which side of the labour law is analysed. The civil service law is the public law side of the labour law, and the employment relationship with public employers is the private law side of it. The general question is that how both sides differ. The civil servants and the public employers provide public services. The difference is in the way the state provides these services. The labour law relation between the state and the employees has been influenced by the form of service-providing. The public transport or electricity as a service is based on the private law. The state has more own companies. These companies provide public services by public employers. The civil servants usually work in hospitals, schools, ministries, etc. Where is the employer in labour law and civil service law? If we research the role of the state, we have to define the employer in general. The Labour Law Act says: “‘Employer’ means any person having the capacity to perform legal acts who is party to employment contracts with employees.” The definition of the Act prescribes two conjunctive conditions. If one person has legal capacity, it is not

The State as an Employer–Does It Personalize a Public Authority or an Owner?