scholarly journals The Lack of Legal Protection of Union Rights on Termination of Fixed Term Academics at Public Universities in the Flemish Community of Belgium. Admissibility Issues of an Application Based on the Framework Agreement on Fixed-term Work at Public Universities in the Assessment by the Supreme Administrative Court of Belgium

2020 ◽  
Vol 25 (4) ◽  
pp. 209-231
Author(s):  
Gracienne Lauwers ◽  
◽  
◽  
Keyword(s):  
Public Universities ◽  
Academic Staff ◽  
Public University ◽  
Preliminary Ruling ◽  
Labour Law ◽  
Framework Agreement ◽  
Flemish Community ◽  
Council Directive ◽  
Part Time ◽  
Council Of State

The question of sufficient protection of academics employed with successive fixed-term employment contracts or relationships in the university sector had been raised in several procedures before the Court of Justice of the European Union (hereafter: CJEU). These cases deal with the substantive basis of the claims of the academics. Admissibility of their claims was not an issue. Unlike the research dealing with the substantive basis of the claims of academics based on the Framework agreement on fixed-term work, this article deals with a ruling on the admissibility of the plea based on the Framework agreement on fixed-term work encountered by academics in the Flemish Community of Belgium. The article first outlines the exception from general labour law in the Higher Education Code of the Flemish Community of Belgium that allows universities to employ academics indefinitely with fixed-term relationships through the practice of a mosaic combination of a part-time statutory employment under administrative law and a part-time contractual employment under labour law. It then discusses the impact of the exceptions on the admissibility of claims for damages, compensation and reinstatement by fixed-term academics at a Flemish public university based on the violation of Council Directive 1999/70/EC and Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP brought before the Council of State, which is the supreme administrative court of Belgium. The author argues that the Belgian Council of State incorrectly applied Directive 1999/70/EC and the Framework agreement on fixed-term work in judgment no. 247.434 of April 21, 2020, while it was – in its capacity of supreme administrative court of Belgium – under the obligation of Article 267 TFEU to refer for a preliminary ruling to the CJEU. The refusal by the Belgian Council of State to refer questions for a preliminary ruling to the CJEU and a wrong interpretation of Union law could result i. a. in State liability for damage resulting from breach of its obligations under Community law whereas the CJEU could have helped the Belgian Council of State in a preliminary ruling to determine the concept of ‘successive’ employment relationships, preventive measures and measures to punish abuse of fixed term contracts in Flemish universities, rule whether the articles in the Flemish Higher Education Code on vacancies and employment of fixed-term academic staff violate the Council Directive 1999/70/EC and Framework agreement on fixed-term work, and whether national Belgian procedural law makes the application for fixed-term academic staff at a Flemish public university virtually impossible or excessively difficult and therefore incompatible with the principle of effectiveness of Union law.

The Principle of Non-discrimination in Respect of Age: Dimensions of the ECJ's Mangold Judgment

2006 ◽  
Vol 7 (5) ◽  
pp. 505-524 ◽  
Author(s):  
Marlene Schmidt
Keyword(s):  
General Framework ◽  
European Court Of Justice ◽  
Equal Treatment ◽  
Preliminary Ruling ◽  
Framework Agreement ◽  
Community Law ◽  
Court Of Justice ◽  
Council Directive ◽  
European Court ◽  
Answering Questions

On 22 November 2005, the European Court of Justice (ECJ) delivered a judgement in a preliminary ruling procedure from the Arbeitsgericht München (Labour Court Munich), answering questions concerning the interpretation of Clauses 2, 5 and 8 of the Framework Agreement on fixed-term contracts, put into effect by Council Directive 1999/70/EC of 28 June 1999, and as regards the construction of Article 6 of Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation. Essentially, the Arbeitsgericht wanted to know whether a statutory provision exempting employees of 52 years of age and older from limitations to the conclusion of fixed-term contracts was compatible with Community law.

scholarly journals Occupational stress in female academic staff working in private and public universities

2015 ◽  
Vol 3 (04) ◽  
pp. 25-27
Author(s):  
Maha Abdul Moniem Mohammed El Amin ◽  
Purna Singh A
Keyword(s):  
Occupational Stress ◽  
Public Universities ◽  
Academic Staff ◽  
Private Universities ◽  
Public University ◽  
Full Time ◽  
Sampling Frame ◽  
Public And Private ◽  
Significant Difference ◽  
Private And Public

The present study was aimed to compare occupational stress between female academic staff working in private and public universities. The sampling frame for the study comprised 1523 full-time female academic staff working at both public and private universities at Khartoum State. Gumaa Said Yousif (2004) was used to measure occupational stress. There is no significant difference in occupational stress between female academic staff who works in private or public university. There is a significant difference between female academic staff working in public and private universities. It has been concluded that female academic staff working in private universities are vulnerable to burnout in the emotional exhaustion dimension.

eReadiness of public university libraries in Malawi to use mobile phones in the provision of library and information services

2018 ◽  
Vol 36 (2) ◽  
pp. 270-288 ◽  
Author(s):  
Aubrey Harvey Chaputula ◽  
Stephen Mutula
Keyword(s):  
Mobile Phones ◽  
Public Universities ◽  
Academic Staff ◽  
Public University ◽  
Information Services ◽  
Strict Sense ◽  
University Libraries ◽  
Access To Services ◽  
Content Type ◽  
Practical Implications

PurposeThe purpose of this paper is to present findings of a study conducted to determine eReadiness status of public university libraries in Malawi to use mobile phones in the provision of library and information services.Design/methodology/approachThe researcher carried out in-depth semi-structured interviews with university/college librarians and information and communications technology (ICT) directors using interview guides. Students were also administered with a survey questionnaire that contained closed- and some open-ended questions. Proceedings of the interviews were recorded using a tape recorder whilst backup notes were recorded in a notebook. Qualitative data were transcribed and analysed using NVivo software whilst quantitative data were analysed using SPPS.FindingsThe study findings revealed that institutions studied had the ICT infrastructure necessary for offering library and information services on the mobile phone platform. Moreover, students had mobile phones which were connected to internet to facilitate their access to services offered. However, the institutions covered by this study did not have operational ICT policies to govern the operations of library and information services offered through mobile phones although draft ICT policies were available. The study further concluded that though the human resources required to manage the provision of library and information services through mobile phones in the institutions studied were available, they did not have the necessary skills and numbers to provide quality services. Other findings revealed that attitudes of library staff and students to the offering and access to services through mobile phones were positive. The study also revealed that there are some factors that could impact the offering of library services through mobile phones.Research limitations/implicationsAlthough Malawi has four public universities, this study only focused on three of them. Moreover, academic staff is another important user group of academic libraries. In this case, findings reported in this paper only focus on students. This implies that library’s readiness to offer services through mobile phones to this group remains unknown hence may have to be covered by future studies. Much as the study incorporated a quantitative strand in addition to the qualitative one, it neither involved theory testing nor confirmation as is the case with other related studies. This implies that the two theories used in this study (the unified theory of acceptance and use of technology and the technology-organisation-environment) were not used in the strict sense, which is empirical at the core, but rather to put the problem studied in the context of other related studies.Practical implicationsThe findings have practical implications in that they can be used for planning the implementation of library and information services through mobile phones in public university libraries in Malawi. Other related institutions can also use the findings as a reference point in planning the implementation of similar services.Originality/valueStudies relating to the use of mobile phones in the delivery of library and information services have not been conducted in public universities in Malawi. Findings of this study will, therefore, inform researchers intending to conduct similar or related studies not only in public universities in Malawi but other related institutions as well.

scholarly journals Factors Affecting Stress among Faculty Members of Public Universities in the Philippines: A Multiple Regression Analysis

2017 ◽  
Vol 9 (3) ◽  
pp. 64 ◽  
Author(s):  
Jeryl Shawn T. Tan
Keyword(s):  
Job Satisfaction ◽  
Religious Coping ◽  
Multiple Regression ◽  
Public Universities ◽  
Public University ◽  
The Philippines ◽  
Faculty Members ◽  
Full Time ◽  
Part Time ◽  
Negative Religious Coping

This study focused on particular demographic and education-related factors that contribute to the stress levels of public university faculty members in the Philippines. Participants in this study were part-time or full-time faculty members of Philippine public universities and were teaching at least a class during the First Semester of Academic Year 2016-2017. Participants were tasked to answer a survey, online or paper format, consisting of 3 instruments and other questions. Responses from 100 participants were then analyzed with multiple regression as the main statistical analysis. Results showed part-time/full-time status, age, job satisfaction and negative religious coping as significant predictors of faculty stress. Other performed analyses also revealed significant negative correlations between job satisfaction and stressors related to reward and recognition and departmental influence. In addition, though faculty members preferred positive religious coping as a coping strategy over negative religious coping, a significant positive correlation was noted between the 2 types. Recommendations were made for future studies related to stress among public university faculty members in the Philippines.

The Impact of European Law upon Regulations Governing Rights Related to Parenthood in Polish Labour Law

2017 ◽  
Vol 71 (0) ◽  
pp. 0-0
Author(s):  
Monika Latos-Miłkowska
Keyword(s):  
Parental Leave ◽  
The European Union ◽  
Labour Law ◽  
Framework Agreement ◽  
Council Directive ◽  
Safety And Health ◽  
European Standards ◽  
Polish Law ◽  
The Impact ◽  
Domestic Law

Membership in the European Union has created for the Polish legislator the duty to adjust Polish law to European standards. As parenthood is an area of intensive legislative activity of the European legislator, it has also come within the ambit of the adjustment obligation. Relevant here are, first and foremost, Council Directive 92/85/EEC of 19 October 1992 on the introduction of measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding and Council Directive 2010/18/EU of 8 March 2010 implementing the revised Framework Agreement on parental leave. Adjustment of Polish laws to the EU standard of rights related to parenthood has not been of a revolutionary magnitude and scale. Primarily, it relied on supplementing or specifying solutions that had already been the law. The most major changes affected family leave, considered the equivalent of parental leave regulated in Directive 2010/18. It is worth noting, however, that EU provisions in this respect have been amended several times, which has prompted the Polish legislator to review domestic law on an ongoing basis. In some fields, like the ban of night work of breastfeeding women compliance with EU standards still has not been obtained.

MANGOLD v HELM (CASE C-144/04) GRAND CHAMBER, EUROPEAN COURT OF JUSTICE 22 NOVEMBER 2006

2012 ◽  
Vol 18 (1) ◽  
pp. 233-242
Author(s):  
Olga Thomas
Keyword(s):  
Older Workers ◽  
German Law ◽  
Equal Treatment ◽  
Framework Agreement ◽  
Council Directive ◽  
European Court ◽  
Contract Of Employment ◽  
Part Time ◽  
Grand Chamber ◽  
Horizontal Direct Effect

Yet Another Way Round Horizontal Direct Effect…In June 2003 Werner Mangold, who was 56 years old, concluded a fixed-term contract of employment with Rüdiger Helm. The contract provided that its duration was based on para 14(3) of the TzBfG (German Law on Part-Time and Fixed-Term Employment) which was intended to facilitate the fixed-term employment of older workers (those over the age of 52). A few weeks into his employment, Mangold brought proceedings against Helm before the Arbeitsgericht München (Munich Labour Court) claiming that the clause fixing the duration of his employment was void in that para 14(3) of the TzBfG, on which it was based, was incompatible with Council Directive 1999/70/EC of 28 June 1999 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP and Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and education.

Penglibatan Ahli Akademik Terhadap Pengajaran Hadith di Institusi Pengajian

2018 ◽  
pp. 47-52
Author(s):  
Amran Abdul Halim ◽  
Abdulloh Salaeh
Keyword(s):  
Public Universities ◽  
Academic Staff ◽  
Descriptive Analysis ◽  
Good Knowledge ◽  
Islamic Studies ◽  
National University ◽  
Islamic Science ◽  
The University

This study is to identify the involvement of academicians on the teaching of the hadith. The contribution of the academicians to the teaching of the hadith is also very much needed so that Muslims can acknowledge al-Sunnah closely. The academicians were selected from Academic of Islamic Studies, University of Malaya Islamic Studies Academy, the National University of Malaysia, the Islamic Science University of Malaysia and the International Islamic University which they are all from various fields of Islamic Studies. The methodology used in this study is a questionnaire which is group sampling. The researcher distributes the questionnaire to the academic staff at the university involved. Based on this descriptive analysis of the questionnaire, it can be concluded that academic practitioners either in the field of hadith or other fields are involved and contribute to the teaching of hadith such as in public universities and other institutions. This shows that most academicians have good knowledge related to the field of hadith. Therefore, they are among the most suitable as references to the community in solving Sunnah and bidaah issues, especially the academicians who are experts in the field of hadith. Abstrak Kajian ini adalah untuk mengenalpasti penglibatan ahli akademik terhadap pengajaran hadith. Sumbangan ahli akademik terhadap pengajaran hadith juga amat diperlukan agar umat Islam dapat mengenali al-Sunnahsecara  lebih  dekat.  Ahli-ahli  akademik  yang  dipilih  adalah  dari  Akademi  Pengajian  Islam  Universiti Malaya,   Universiti   Kebangsaan   Malaysia,   Universiti   Sains   Islam   Malaysia   dan   Universiti   Islam Antarabangsa  yang  mana  kesemuanya  dalam  pelbagai  bidang  Pengajian  Islam.  Kaedah yang  digunakan dalam kajian ini adalah soal selidik iaitu persampelan berkelompok. Penyelidikmengedarkan borang soal selidik tersebut kepada ahli akademik di universiti tersebut. Berdasarkan, analisis deskriptif soal selidik ini, dapat dirumuskan bahawa ahli akademik sama ada dalam bidang hadith atau lain-lain bidang adalah terlibat dan turut memberi sumbangan dalam pengajaran hadith seperti di universiti-universiti awam dan lain-lain institusi  pengajian.  Ini  menunjukkan  bahawa  kebanyakan  ahli  akademik  mempunyai  pengetahuan  yang baik  berkaitan  dengan  bidang  hadith.  Oleh  itu,  mereka  adalah  antara  golongan  sangat  sesuai  dijadikan sebagai rujukan masyarakat dalam menyelesaikan permasalahan Sunnah dan bidaah, terutama sekali ahli akademik yang pakar dalam bidang hadith.

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