TERMINATION OF THE EMPLOYMENT RELATIONSHIP OF AN ACADEMIC TEACHER

2021 ◽  
Vol specjalny (XXI) ◽  
pp. 455-464
Author(s):  
Paulina Daniluk

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 On the basis of the repealed act the employment relationship with academic teachers was established on the basis of an appointment or an employment contract.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.

2021 ◽  
Vol specjalny (XXI) ◽  
pp. 497-509
Author(s):  
Mariusz Lekston

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.


2021 ◽  
Vol specjalny II (XXI) ◽  
pp. 361-376
Author(s):  
Krzysztof W. Baran ◽  
Mariusz Lekston

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.


2021 ◽  
Vol specjalny II (XXI) ◽  
pp. 387-400
Author(s):  
Łucja Kobroń-Gąsiorowska

This paper attempts to determine the scope of protection of academic teachers in the context of repeated concluding fixed-term contracts and the partial exclusion by the Act on higher education of the application of Art. 25(1) of the KP to employment contracts of this group of employees. The author does not intend to duplicate the extensive literature in this area presented by labor law doctrine. In this publication, the author defends the thesis that the employment relationship of an academic teacher should be subject to a broader impact of the protective provisions of the Labor Code, including the protective function of labor law, in a situation where there are no normative obstacles to extending such impact.


2021 ◽  
Vol 28 (4) ◽  
pp. 325-335
Author(s):  
Mariusz Lekston

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.


Author(s):  
Roxana Stefanescu ◽  
◽  
Mariana Iatagan ◽  
Cristian Uta

The management of teaching is connected and could be increased by using a wide range of different methods especially when we refer to Online and Blended learning. In the first part, the paper is aiming at reviewing the literature regarding the concepts and benefits of Online and Blended learning. Based on this considerations, 8 partner universities from 8 countries jointly developed the Project “Modern competences of academic teachers – the key to modern Higher Education Institutions (HEI)” – Acronym MOCAT. The paper underlines the goals and achievements of the MOCAT project that proposes a conceptual process to increase the management performance in teaching. The paper shows in an organized manner the main deficiencies that are altering the teaching competencies of academic teachers and in connection with this, the project offers solutions to improve the methodological competency of the teachers regarding the development and use of modern approaches. The outcomes of the project consist in the development and implementation of a Multicultural Model of an Academic Teacher Competencies and in 10 online courses that represent modern training materials in the field of teaching methodology. In the end are exposed the way the results of the project can be evaluated in time as well as the anticipated effects of the project implementation.


Author(s):  
A. Fatyhova ◽  
O. Bakanev ◽  
I. Kohanovskaya

In the digital era, the success of the professional development of future specialists in the process of obtaining higher education largely depends on their professional orientation (PN). Despite the significant interest in the subject of the study, the problem of identifying the factors that affect PN remains poorly understood. The purpose of the study is to determine the factors of the formation of PN of students enrolled in training and retraining programs, and the features of PN in the digital era. The article reveals the content and structure of the PN of future specialists in the era of digitalization. According to the results of the empirical research, the relationship of students' PN with indicators of life-meaning orientations, motives for choosing a profession and training was revealed; the relationship between students' life-meaning orientations and indicators of motives for choosing a profession and training at the stage of digitalization of education. The factors influencing the personal condition, and the factors of the formation of the personal condition of students, who are trained according to the programs of training and retraining of specialists, have been determined. As a result of an empirical study, it was concluded that a negative impact on the formation of PN is created by factors caused by various life circumstances, lack of independence of decisions in choosing a profession, low reflection of life goals, prospects for the future, rigidity of volitional and personal qualities, internal conflict in the structure of personality relationships, low pleasure training and the like. At the same time, the level of PN is significantly higher among students who receive a second higher education and who understand its importance at the stage of digitalization of education.


Author(s):  
A. Guslyakova ◽  
N. Guslyakova ◽  
M. Vetkhova ◽  
V. Kirsanov

The article covers the problem of the relationship of teacher’s consciousness and the individualization of learning. Special attention is paid to the historical aspects of the problem of individualization of education and its various interpretations in the works of researchers. It is shown that today the situation of social uncertainty, which requires a person to constantly choose a social position, action, way of achieving their goals, stands behind the problem of educational individualization. The professional consciousness of the teacher is considered as a form of life of the subject, providing a solution to professional problems in the process of teaching. Taking into account the relationship between consciousness and the individualization of learning, the authors show how this problem is resolved when the reflection and goal-setting mechanisms are included in the paradigm of joint activities between a teacher and a student, ensuring the development of professional and pedagogical consciousness at the stage of higher education. Thus, educational and professional activities and mechanisms for the development of consciousness of subjects of activity, conditioning each other, find their place in the context of solving problems of implementing the individualization of learning of the subject (child).


2020 ◽  
Vol 10 (11) ◽  
pp. 339
Author(s):  
Matilde Lafuente-Lechuga ◽  
Javier Cifuentes-Faura ◽  
Úrsula Faura-Martínez

Higher education must include training in sustainability to make all actors aware of the serious problems our planet is facing. Mathematics plays an important role in the achievement of the Sustainable Development Goals (SDG) and at the same time these allow working with real situations in the subject of mathematics, providing the student with active learning. Sustainability is used to make the student see the usefulness of mathematics while instilling values and attitudes towards it. A set of problems have been raised during the academic year that are solved with the developed mathematical techniques, and through a survey, the students’ perceptions about the usefulness of mathematics to reach the goals established in the SDG has been evaluated. The results show that, regardless of the student’s gender, the student’s assessment of the usefulness of this subject in solving real problems improved. It has been observed that this teaching methodology has helped to motivate students and even those who do not like this subject have improved their appreciation of it.


2019 ◽  
Vol 27 (4) ◽  
pp. 39
Author(s):  
Angelika Koman

<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>


2016 ◽  
Vol 13 (2) ◽  
pp. 101
Author(s):  
Tomasz Duraj

THE LIMITS OF THE MANAGEMENT AUTHORITY IN THE EMPLOYMENT RELATIONSHIPSummaryManagement authority, which is guaranteed for the employer under the employment relationship with respect to employees, is an essential (necessary) feature of the employment relationship, which very often determines the identity of this relationship, distinguishing it from other legal forms of employment, especially those of a civil nature. The employing entity’s management authority must first of all be identified with the employer’s powers to influence the employee’s actions within the scope of the performance of work (in the work process) and the employee’s corresponding obligations to the employing entity regarding the work he is to perform. Using these powers, the employer specifies the employee’s obligations for the performance of the job, in particular its type, method, the time and place in which it is to be done, as well as the order and organization of the work process. According to the literature on the subject, the employer’s main powers of management include prescriptive rights (the core of management authority), which allow him to specify the employee’s duties by issuing binding instructions to him; punitive (disciplinary) powers associated with the use of disciplinary penalties; regulatory (legislative) powers, primarily to establish the regulations and other acts determining working order (in particular work schedules, holiday timetables etc.); and distributive power (the allocation of prizes and awards). The object of this study is to characterize the limits to the employer’s management authority in the employment relationship. The author concentrates on the limits defined by applicable law, the employment contract, the clause of compliance with socio-economic purpose, and the rules of social coexistence, as well as custom. The analysis of the limits of the employer’s management authority shows the importance of this issue, both in theoretical and practical terms. The appropriate configuration of these limits may help to solve one of the fundamental problems of modern labor law, which is to harmonize its protective and organizational functions.


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