Admissibility of Signing Civil Law Agreements as Legal Bases of Conducting Classes in the Higher Education Institution Cover Image

Dopuszczalność zawierania umów cywilnoprawnych jako prawnych podstaw prowadzenia zajęć dydaktycznych w szkole wyższej
Admissibility of Signing Civil Law Agreements as Legal Bases of Conducting Classes in the Higher Education Institution

Author(s): Mariusz Wieczorek
Subject(s): Education, Civil Law, Labor relations, Higher Education , Sociology of Education, Sociology of Law
Published by: Wydawnictwo Uniwersytetu Jagiellońskiego
Keywords: contract of mandate; a specific-task contract; contract of employment; higher education institution;

Summary/Abstract: The study concerns the issue of the legal admissibility of employing university teachers on the basis of agreements of the civil law in order to conduct classes. This problem concerns, above all, private higher education institutions which due to the financial specificity are trying to reduce the labour cost of teachers by replacing the contract of employment with the civil law employment. The attraction of agreements of the civil law for the employers in comparison to contracts of employment is, above all, an effect they have in the sphere of the social insurance. The legislator admitted both the employers and people who look for work, freedom in the sphere of choice concerning the legal basis of the employment, however this is not tantamount to the full autonomy in this respect. The article indicates what conditions must be fulfilled in order to employ the university teacher under an agreement of civil law in accordance with the law, as well as it mentions the types of agreements which can be applied.

  • Issue Year: 2015
  • Issue No: 3
  • Page Range: 209-226
  • Page Count: 18
  • Language: Polish