scholarly journals Model stosunku pracy w szkolnictwie wyższym – ujęcie teoretycznoprawne

2019 ◽  
Vol 27 (4) ◽  
pp. 39
Author(s):  
Angelika Koman
Keyword(s):  
Higher Education ◽  
Employment Relationship ◽  
Uniform Model ◽  
Work Relationship ◽  
The Law ◽  
Relationship Of ◽  
Article 5

<p>There is no uniform model of employment in Polish legislation. The shape of the employment relationship of an academic employee is strongly influenced by the specific normative relationship that exists between the Labour Code and the Law on Higher Education. It should be noted that the Law on Higher Education is not a sufficient regulation. It regulates, in principle, sufficiently those issues that require, due to its nature, a different than regulatory code. The relations between these two acts are diverse, which results from the construction of Article 5 of the Labour Code. The statutory regulations affect the shape of the employment relationship. Each college as part of its autonomy can regulate various issues, creating many different hybrid work relationship models.</p>

SUBJECTIVE TRANSFORMATION OF THE EMPLOYMENT RELATIONSHIP OF AN ACADEMIC TEACHER

2021 ◽  
Vol specjalny (XXI) ◽  
pp. 497-509
Author(s):  
Mariusz Lekston
Keyword(s):  
Higher Education ◽  
Employment Relationship ◽  
Institutions Of Higher Education ◽  
Higher Education Act ◽  
Subjective Change ◽  
Academic Teachers ◽  
Education Act ◽  
Relationship Of ◽  
Academic Teacher

A subjective change of the employment relationship by the employer is subject to the regulation of Art. 231 of the labour code. The norm has got a universal character and its application to the employment in an institution of higher education requires taking into account the specificity of two aspects. Firstly, it is the matter of a workplace possessed by an institution of higher education as the employer. Secondly, the higher education act introduces mechanisms which can be defined as characteristic to this form of transfer of a workplace. In case of the former it is important whether an institution of higher education is public or non-public. Subjective transformation of the employment relationship in institutions of higher education should also require consideration of the protection of stability of employment relationship of academic teachers.

General Comment 6 (2018) on Equality and Non-discrimination

2018 ◽  
Vol 7 (1) ◽  
pp. 131-161
Keyword(s):  
National Level ◽  
Legal Protection ◽  
List Type ◽  
Persons With Disabilities ◽  
The Law ◽  
Legal Character ◽  
Relationship Of ◽  
Article 5 ◽  
The Relationship ◽  
Normative Content

Article 5 of the Convention on the Rights of Persons with Disabilities (CRPD) deals with equality and non-discrimination. It specifically provides: 1. States Parties recognize that all persons are equal before and under the law and are entitled without any discrimination to the equal protection and equal benefit of the law. 2. States Parties shall prohibit all discrimination on the basis of disability and guarantee to persons with disabilities equal and effective legal protection against discrimination on all grounds. 3. In order to promote equality and eliminate discrimination, States Parties shall take all appropriate steps to ensure that reasonable accommodation is provided. 4. Specific measures which are necessary to accelerate or achieve de facto equality of persons with disabilities shall not be considered discrimination under the terms of the present Convention. General comment no 6 clarifies the obligations of States parties regarding equality for and non-discrimination of persons with disabilities. It begins by considering equality for and non-discrimination of persons with disabilities in international law (Section II) followed by a discussion of the human rights model of disability and inclusive equality (Section III). It then discusses the legal character of non-discrimination and equality (Section IV), the normative content of Article 5 CRPD (Section v), the general obligations of States parties under the Convention relating to non-discrimination and equality (Section VI), the relationship of Article 5 with other specific articles of the Convention (Section VII), followed by implementation at the national level (Section VIII).

CONSTRUCTION OF ADDITIONAL WORKING PLACES FOR ACADEMIC TEACHERS

2021 ◽  
Vol specjalny II (XXI) ◽  
pp. 361-376
Author(s):  
Krzysztof W. Baran ◽  
Mariusz Lekston
Keyword(s):  
Higher Education ◽  
Employment Relationship ◽  
Higher Education System ◽  
Higher Education Act ◽  
Constitutional Principle ◽  
Vice Chancellor ◽  
Academic Teachers ◽  
Education Act ◽  
Relationship Of ◽  
Academic Teacher

Employment of an academic teacher at a basic and additional working place in one of the essential normative constructions regulated under the higher education act. Control of additional employment of academic teachers is one of exceptions from the constitutional principle of the freedom of work. This mechanism in the employment relationship of academic teachers is justified first of all by the role and tasks of the higher education system in the activities of the state. Additionally there should also be mentioned the protection of interests of an employer and the specific character of hiring academic teachers. Such criteria should also be used by a vice-chancellor when giving his/her consent to their employment at an additional working place.

scholarly journals Employment Protection Through the Perspective of Fulfilling Citizens’ Rights in Indonesia

2018 ◽  
Vol 7 (3.21) ◽  
pp. 502 ◽  
Author(s):  
Nuridin SH MH ◽  
Sanusi SH MH ◽  
Tiyas Vika Widyastuti SH MH
Keyword(s):  
Qualitative Method ◽  
Employment Protection ◽  
Employment Relationship ◽  
Third Party ◽  
Productivity Improvement ◽  
Employee Recruitment ◽  
Partial Transfer ◽  
The Law ◽  
Relationship Of ◽  
Prevalent Form

Outsourcing system is a prevalent form of employee recruitment in Indonesia. The Employment Relationship of Outsourcing System under the provisions of Law Number 23 of 2003 concerning Employment so far has not been able to deliver welfare for workers/ labors, in return for their contribution to the companies’ productivity improvement. Labors do not obtain their rights which have been warranted in the Law. Additionally, outsourcing system has created uncertainty in employment relationship. This research uses the paradigm of constructivism and selected macro and micro theories to analyze the problems surrounding employment protection. We also employ qualitative method with a socio-legal approach. Our contention is that a change is critically needed to be made to the regulations of law which govern employment relationship or partial transfer of job to a third party. The change should reflect what the workers/ labors wish. It should also bear values such as justice and welfare for workers/ labors. This is all meant to achieve a harmonious and just employment relationship based on Pancasila (The Five Pillars of Indonesian State Ideology) and the Indonesian 1945 Constitutionn.  

scholarly journals Autonomiczny charakter zadaniowego czasu pracy nauczyciela akademickiego

2021 ◽  
Vol 28 (4) ◽  
pp. 325-335
Author(s):  
Mariusz Lekston
Keyword(s):  
Higher Education ◽  
Working Time ◽  
Employment Relationship ◽  
Time System ◽  
Higher Education Act ◽  
Education Act ◽  
Relationship Of ◽  
Academic Teacher

Autonomous character of task-based working time of a academic teacher Employment relationship of a academic teacher, determined by pragmatic regulations of the higher education act, demonstrates specific characteristics in various aspects, with particular focus on the aggregate of rights and obligations. This kind of reflection makes also regulation of working time to be perceived through the prism of the characteristics of the employment relationship of a academic teacher since its particular content elements determine differences in defining the task-based working time. The mechanism of implementing the system of working time, tasks of a academic teacher, and in particular regulations connected with providing the teaching obligations are essential factors in defining the autonomous character of the task-based working time system of a academic teacher.

scholarly journals Public Law Aspects in the Employment of University Teachers in the Light of the Act: Law on Higher Education and Science

2020 ◽  
Vol 27 (4) ◽  
pp. 281-292
Author(s):  
Mariusz Lekston
Keyword(s):  
Higher Education ◽  
Employment Status ◽  
Public Law ◽  
Employment Relationship ◽  
University Teachers ◽  
Service Relationships ◽  
Relationship Of ◽  
Service Relationship

In spite of its obligation-based nature, the contractual employment relationship of university teachers still has some properties that make it similar to the structure of a public law service relationship. Here, the specificity of the employment of university teachers is determined by the elements of content of their employment relationship that are closely linked to the realisation of the government’s duties related to science and higher education. The different employment status of university teachers is in fact a heterogeneous solution, where the obligation-based nature of the employment relationship is complemented with elements that are characteristic for public law service relationships.

TERMINATION OF THE EMPLOYMENT RELATIONSHIP OF AN ACADEMIC TEACHER

2021 ◽  
Vol specjalny (XXI) ◽  
pp. 455-464
Author(s):  
Paulina Daniluk
Keyword(s):  
Higher Education ◽  
Employment Relationship ◽  
Employment Contract ◽  
The Subject ◽  
Academic Teachers ◽  
Contract Teachers ◽  
Relationship Of ◽  
Academic Teacher

The subject of the article is an analysis of changes in the procedure in which the termination and expiry of the employment relationship of academic teachers takes place on the basis of the Act on Higher Education and the Act on Higher Education and Science replacing this act. On the basis of the repealed act the employment relationship with academic teachers was established on the basis of an appointment or an employment contract. Depending on the basis for establishing the employment relationship, the issues of the possibility of terminating the employment relationship with an academic teacher were also different. The result of the introduction of new regulations on termination of the employment relationship of an academic teacher is the equalization of the situation of appointed and contract teachers in this respect, and thus weakening the protection against termination of employment of appointed teachers.

Pengaturan Waralaba Di Indonesia: Perspektif Hukum Bisnis

Liquidity ◽  
2018 ◽  
Vol 1 (2) ◽  
pp. 159-166
Author(s):  
Muchtar Riva’i
Keyword(s):  
Government Regulation ◽  
Small And Medium Enterprises ◽  
Economic Community ◽  
The Law ◽  
The Government ◽  
Medium Enterprises ◽  
Article 5 ◽  
Laws And Regulations

The law arrangement of franchise law was first explicitly regulated by the Government Regulation No. 16 of 1997 which is then updated by Government Regulation No. 42 of 2007 to be created in an agreement that at least contains clauses as stipulated by Article 5 of the Government Regulation. However, franchise arrangements also associated with a variety of other laws and regulations applicable in Indonesia. This article is going to state that the importance of partnerships with small and medium enterprises as an effort to encourage the involvement of the wider economic community.

Desafíos del sistema de educación superior en Ecuador para la era de la complejidad

2016 ◽  
pp. 89
Author(s):  
Martha Concepción Macías ◽  
Francisco Mendoza Moreira
Keyword(s):  
Higher Education ◽  
Education System ◽  
Educación Superior ◽  
Higher Education System ◽  
Educacion Superior ◽  
New Challenges ◽  
The Law ◽  
Different Levels

RESUMENLa universidad ecuatoriana, en los últimos seis años, a partir de la aprobación en el año 2010 de la Ley Orgánica de Educación Superior, ha sido expuesta a nuevos retos y desafíos que comprometen a cada uno de los tejidos institucionales participantes en su gestión. Este artículo analiza siete de esos retos en el marco de la ley, de la reflexión epistemológica y las metas que se le plantean como sistema sustancial en el cambio de la matriz cognitiva, productiva y de servicio del país. Los resultados son reflexiones propias de actores del sistema educativo superior que se desenvuelven en diferentes planos de intervención, quienes proponen acciones inmediatas y mediatas para alcanzar una Universidad adaptable a la Era de la Complejidad.Palabras clave: Sistema de Educación Superior, Era de la Complejidad, Ley Orgánica de Educación Superior. Challenges of Higher Education System in Ecuador for the Age of ComplexityABSTRACTIn the last six years since the adoption of the Law on Higher Education in 2010, the Ecuadorian university has been exposed to new challenges compromising every institution participating in its management. This article analyzes seven of those challenges within the Law framework, the epistemological reflection and the goals presented as substantial in changing the cognitive, productive and service matrix in the country. The results are reflections by actors in the higher education system working at different levels of intervention, who propose immediate and mediate actions to achieve a University adaptive to the Age of Complexity.Keywords: Higher education system, age of complexity, Law of Higher Education.

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