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

Abstract

The nature of employment of academic teachers is complex not only because their employment is regulated by the codes of practice with the auxiliary application of the provisions of the Labor Code and other sources of labor law, but also because it is related to the presence of public law elements in the obligatory bond of the employment relationship. The need for pragmatic regulation of the employment relationship of academic teachers seems obvious, and is justified by the differences in their rights and obligations in comparison with the general regulations. However, it should be noted that by approximating the structure of the academic employment relationship to the obligatory mechanism in the context of general labor law, we seem to ignore many specific and important features of this employment. Therefore, normative shortcomings of the applicable act can be observed. It seems that within de lege ferenda proposals, the one referring to the model solution, which takes into account the specificity of the work of academic teachers, is fundamental. Such a solution seems to be expected primarily due to the role played by the system of higher education and science in the structures of the state.