Employing Academic Teachers – Selected Practical Aspects Cover Image

Stosunek pracy nauczyciela akademickiego – wybrane aspekty praktyczne
Employing Academic Teachers – Selected Practical Aspects

Author(s): Ireneusz Nowak
Subject(s): Social Sciences, Economy, Education, Human Resources in Economy
Published by: Społeczna Akademia Nauk
Keywords: higher education law; academic teacher; employment; employment contract; appointment; contest

Summary/Abstract: This paper is devoted to the issue of establishing an employment relationship with academic teachers, where the basic legal act in this area is the act of 27 July 2005– Higher Education Law, applicable to both public and non-public higher education institutions in which school staff includes academic teachers. The provisions of the Higher Education Law act regulating the employment of academic teachers are of a special nature (precedence), and only if there is no regulation in this scope in the act, will general provisions be applied, i.e. the Labour Code act, e.g. in terms of the forms of establishing an employment relationship or changes in the content of the employment relationship, the basic principles of labour law, employee claims in the field of labour law and the mode of their pursuit. The law on higher education introduces a contract of employment as a basic form of hiring academic teachers. However, there is no doubt that the legislation in this are arequires an immediate correction as regards the employment of academic teachers on the basis of employment contracts for an indefinite period of time, thus providing a specific legal security for the protection of the durability of the employment relationship and also securing stable conditions for meeting obligations with regard to students, includingthe carrying out of scientific research. It is an open secret that employers abuse their economic advantage and multiple fixed-term contracts have been (are) executed in order to circumvent the provisions for the protection of durability of an indefinite employment relationship. This is confirmed by statistics showing that in Poland there is the highest percentage of working persons employed on the basis of fixed-term contracts among the Member States of the European Union.

  • Issue Year: 19/2018
  • Issue No: 8.3
  • Page Range: 195-209
  • Page Count: 15
  • Language: Polish