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.

scholarly journals “Transformation” of a Tax and Customs Administration Officer’s Service Relationship Into an Employment Relationship

2020 ◽  
Vol 29 (1) ◽  
pp. 215
Author(s):  
Mirosław Wincenciak
Keyword(s):  
Employment Relationship ◽  
Service Relationships ◽  
Customs Administration ◽  
Relationship Of ◽  
Service Relationship

<p>Lack of court protection for officers whose current service relationship is substituted with a form that is less beneficial – an employment relationship, should be seen as a violation of their right to trial. A labour court, by definition, is not an appropriate court when it comes to cases of entering into or the termination of service relationships having a legal and administrative character. This court can judge cases concerning the employment relationship of an employee but fundamentally does not have jurisdiction to assess the establishment and termination of a legal and administrative relationship. Therefore, sending customs officers to labour courts causes the transformation of a service relationship into an employment relationship to slip out of court control.</p>

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>

CONVERSION” OF A CUSTOMS OFFICER’S SERVICE RELATIONSHIP INTO AN EMPLOYMENT RELATIONSHIP

2021 ◽  
Vol specjalny (XXI) ◽  
pp. 387-398
Author(s):  
Stefan Płażek
Keyword(s):  
Case Law ◽  
Selection Method ◽  
Public Institutions ◽  
Employment Relationship ◽  
Employment Relationships ◽  
The Third ◽  
Service Relationships ◽  
The Supreme Court ◽  
Judicial Protection ◽  
Service Relationship

The selection method of existing employees or officers has been used since the beginning of the Third Polish Republic during the transformation of various public institutions, which consists of making discretionary decisions about whose employment will be continued, as well as under what new conditions it will be carried out. Using the framework for termination of employment for this purpose in subsequent acts, missing in them precise criteria for qualifying persons and the lack of regulations as to the manner of judicial protection are designed to reduce the number of people who would make attempts to contest their decisions. In 2016 on the occasion of the reform of the fiscal apparatus, this method was additionally extended to include the possibility of unilateral and selectively transforming the service relationships of customs officers into employment relationships, or vice versa - fiscal officials to officers. This option was implemented in practice in 2017. This represents a serious threat to the freedom to choose and pursue a profession which must either be restrained by declaring this type of regulation unconstitutional, or by making it unprofitable through court judgments restoring prior employment relationships. The recent case law of common courts and the Supreme Court favours it.

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.

scholarly journals Relationship of Total Quality Management with Knowledge Management and Organizational Culture

2020 ◽  
Vol V (I) ◽  
pp. 207-220
Author(s):  
Muhammad Adnan Maqbool ◽  
Mahr Muhammad Saeed Akhtar
Keyword(s):  
Higher Education ◽  
Organizational Culture ◽  
Knowledge Management ◽  
Total Quality ◽  
University Teachers ◽  
Correlational Design ◽  
A Minor ◽  
The University ◽  
Relationship Of ◽  
The Relationship

The study is an empirical exploration into TQM practices in Pakistani higher education with a focus on determining relationship between the variables: Knowledge Management (KM) and Organizational Culture (OC) in the context of higher education in Pakistan. It employed a quantitative paradigm to the investigation with correlational design. All the university teachers comprised the population of this study. Six public sector universities of Punjab were randomly selected. The results of the analysis showed all the three variables summed mean as 3.41, 3.3, 3.5 respectively all indicating a minor level of the presence of the TQM practices. OC showed relatively higher favorable response. The inferential statistics revealed that the relationship between OC and KM was positive, moderate and statistically significant (r=.491, p<.05). Demographical variables included respondents� gender, qualification, experience. Gender and Qualification was found to have no influence on KM and OC, while experience showed significant effect on the two variables.

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.

Employment status and education/employment relationship of PhD graduates from the University of Ferrara

2009 ◽  
Vol 36 (12) ◽  
pp. 1329-1344 ◽  
Author(s):  
Rosa Arboretti Giancristofaro ◽  
Stefano Bonnini ◽  
Luigi Salmaso
Keyword(s):  
Employment Status ◽  
Employment Relationship ◽  
The University ◽  
Relationship Of

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.

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.

Evaluation of the Academic Setting in Spain 1This study was financed by the University of Oviedo.

1995 ◽  
Vol 11 (2) ◽  
pp. 133-137 ◽  
Author(s):  
Juan Fernández ◽  
Miguel A. Mateo ◽  
José Muñiz
Keyword(s):  
Higher Education ◽  
Decision Making ◽  
Social Climate ◽  
Three Dimensions ◽  
Academic Setting ◽  
Teaching And Research ◽  
Evaluation Questionnaire ◽  
University Teachers ◽  
The University

The conditions are investigated in which Spanish university teachers carry out their teaching and research functions. 655 teachers from the University of Oviedo took part in this study by completing the Academic Setting Evaluation Questionnaire (ASEQ). Of the three dimensions assessed in the ASEQ, Satisfaction received the lowest ratings, Social Climate was rated higher, and Relations with students was rated the highest. These results are similar to those found in two studies carried out in the academic years 1986/87 and 1989/90. Their relevance for higher education is twofold because these data can be used as a complement of those obtained by means of students' opinions, and the crossing of both types of data can facilitate decision making in order to improve the quality of the work (teaching and research) of the university institutions.

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