Problems of Employment of Academic Teachers—Reflections de lege lata and de lege ferenda Cover Image

Problems of Employment of Academic Teachers—Reflections de lege lata and de lege ferenda
Problems of Employment of Academic Teachers—Reflections de lege lata and de lege ferenda

Author(s): Krzysztof Baran, Mariusz Lekston
Subject(s): Higher Education , Sociology of Education, Labour and Social Security Law
Published by: Wydawnictwo Uniwersytetu Jagiellońskiego
Keywords: higher education institution; academic teacher; law on higher education and science; codes of practice; nature of employment; public law aspects in employment; additional employment; working time;

Summary/Abstract: The nature of employment of academic teachers is complex not only because their employmentis regulated by the codes of practice with the auxiliary application of the provisions of the LaborCode and other sources of labor law, but also because it is related to the presence of public lawelements in the obligatory bond of the employment relationship. The need for pragmatic regula-tion of the employment relationship of academic teachers seems obvious, and is justified by thedifferences in their rights and obligations in comparison with the general regulations. However, itshould be noted that by approximating the structure of the academic employment relationship tothe obligatory mechanism in the context of general labor law, we seem to ignore many specific andimportant features of this employment. Therefore, normative shortcomings of the applicable actcan be observed. It seems that within de lege ferenda proposals, the one referring to the model solu-tion, which takes into account the specificity of the work of academic teachers, is fundamental. Sucha solution seems to be expected primarily due to the role played by the system of higher educationand science in the structures of the state.

  • Issue Year: 31/2024
  • Issue No: 4
  • Page Range: 307 - 318
  • Page Count: 12
  • Language: English
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