EXTENSION OF LABOR LAW PROTECTION STANDARDS IN THE ASPECT OF FIXED-TERM CONTRACTS OF ACADEMIC TEACHERS. COMMENTS DE LEGE LATA AND DE LEGE FERENDA

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 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 (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 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.


2016 ◽  
Vol 10 (2) ◽  
pp. 199
Author(s):  
Tomasz Duraj

Appointment as the Basis for Establishing Employment Relationship of a Director of a State EnterpriseSummary The subject of this study is a detailed characteristics of the act of appointment as the basis for employment relationship of a director of a state enterprise. The director is the most important managing and executive body of a state enterprise, and the legal status of a director is regulated by the State Enterprises Act of 25 September 1981 .In relation to a director of a state enterprise there is a special situation, within which there is a legal obligation to utilize the employment relationship by appointment as the basis for employment. It is the only admissible legal relation, on the basis of which a director can work for a state enterprise. The employee status of a director of a state enterprise is primarily regulated by the labor code regulations regarding appointment (articles 68-72 of the labor code), while, according to article 69 of the labor code, to this employment relation – with some exceptions –the regulations regarding employment contracts for an unspecified time are also applicable. In this article the author analyses the issue of establishing and terminating the employment relation with a director of a state enterprise. Particular attention ought to be paid to the specific situation of a director of a state enterprise with regard to the stabilization of his or her employment. It is significantly more advantageous as compared to the situation of other employees employed by appointment. According to the regulations in force, there are no reservations to the principle of removing persons from the posts filled within the institution of appointment in any time and without the necessity to indicate any causes. However, this principle is limited with relation to a director of a state enterprise, due to the specific procedures of dismissal of this category of employees statutory by the act of state enterprises as well as additional rights to which a dismissed director is entitled, especially the right for a dismissal allowance.


2017 ◽  
Vol 9 (2) ◽  
pp. 279
Author(s):  
Tomasz Duraj

The Problem of Employment Subordination of Senior Management in Economic OrganizationsSummaryThe subject of this study is to show the doubts and controversies that appear in the doctrine of labor law and judicial decisions in the interpretation of employment subordination of senior management in economic organizations.Taking into consideration the specificity of functions performed by senior management, the employment relationship of these employees is so much different from the typical standards that in the literature on the subject there has developed a view that there exists, in the case of the discussed category of senior managers, a not typical or even atypical employment relationship. This untypical nature is the reason why some institutions or requirements regulated in the labor law are not applicable to this group of managers, or lose their usefulness or even sense, as inadequate in view of the specific character of the managerial function. In relation to this issue, the most interesting appears the problem of interpretation of the employment subordination of senior management, taking into consideration the fact, that those employees, being on the top of the management hierarchy in a given organization, work in the condition of relative independence, being characterized by the absence of a superior and considerable freedom in the area of organizing own work in terms of time and place.The author of the article is critical of the multitude of the approaches to understanding the employment subordination of senior management. It must be remembered, that subordination is considered the most important (constitutive) feature of employment relationship, differentiating it from other employment relations (especially those of civil law character), and at the same time indicates the scope of use of employment relationship, also with regard to managers. This situation leads to blurring the differences, which are already vague, between labor law and civil law forms of employing managing personnel, creating a state of uncertainty about a lawful choice of one of the mentioned here in basis of employing senior managing personnel.


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.


2021 ◽  
Vol 21 (1) ◽  
Author(s):  
Loukas Samaras ◽  
Miguel-Angel Sicilia ◽  
Elena García-Barriocanal

Abstract Background In recent years new forms of syndromic surveillance that use data from the Internet have been proposed. These have been developed to assist the early prediction of epidemics in various cases and diseases. It has been found that these systems are accurate in monitoring and predicting outbreaks before these are observed in population and, therefore, they can be used as a complement to other methods. In this research, our aim is to examine a highly infectious disease, measles, as there is no extensive literature on forecasting measles using Internet data, Methods This research has been conducted with official data on measles for 5 years (2013–2018) from the competent authority of the European Union (European Center of Disease and Prevention - ECDC) and data obtained from Google Trends by using scripts coded in Python. We compared regression models forecasting the development of measles in the five countries. Results Results show that measles can be estimated and predicted through Google Trends in terms of time, volume and the overall spread. The combined results reveal a strong relationship of measles cases with the predicted cases (correlation coefficient R= 0.779 in two-tailed significance p< 0.01). The mean standard error was relatively low 45.2 (12.19%) for the combined results. However, major differences and deviations were observed for countries with a relatively low impact of measles, such as the United Kingdom and Spain. For these countries, alternative models were tested in an attempt to improve the results. Conclusions The estimation of measles cases from Google Trends produces acceptable results and can help predict outbreaks in a robust and sound manner, at least 2 months in advance. Python scripts can be used individually or within the framework of an integrated Internet surveillance system for tracking epidemics as the one addressed here.


1994 ◽  
Vol 5 (1) ◽  
pp. 63-66 ◽  
Author(s):  
G Singh ◽  
C S Wijesurendra ◽  
J T Green

The relationship of disseminated aspergillosis with human immunodeficiency virus (HIV) infection is unclear. In the initial case definition of acquired immunodeficiency syndrome (AIDS) developed by the Centres for Disease Control (CDC), Atlanta, aspergillosis was included as an AIDS-defining opportunistic infection1. In view of the primary relationship of aspergillosis with neutropenia rather than with lymphocyte depletion, as well as the lack of aspergillar infections among reported AIDS cases, aspergillosis was later deleted from the CDC case definition of AIDS2. We describe a case of disseminated aspergillosis in a patient with AIDS, with an extensive literature review of the subject.


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