Posebnosti delovnopravnega položaja visokošolskih učiteljev : doktorska disertacija

slovenian

doktorska dela

2021

Univerza v Mariboru, Pravna fakulteta

The specifics of the employment status of higher education teachers stem from the special status of the universities in which they operate, as these are not only institutions of special importance, but have a certain university autonomy, which is differently defined and legally regulated in individual countries. The Constitution of the Republic of Slovenia stipulates that state universities and state colleges are autonomous. Despite the fact that the Constitution of the Republic of Slovenia recognizes institutional autonomy for Slovenian state universities and generally defines it in the ZVis, due to the full regulation of individual areas it is excessively limited by the regulation of certain aspects of employment of higher education teachers. The staff autonomy of universities should represent a high level of self-regulation in four areas, namely in employment procedures at the university, in determining the salary system and wage setting policy, in the university's competence to determine its own criteria for promotion and possibilities of universities in termination procedures. However, in the Republic of Slovenia, there are interventions in the autonomy of the university. Slovenian higher education law does not know the concept of the University Act that would regulate all the peculiarities of the employment law position of higher education teachers, which cannot be left to general labor law and service legislation. Specifics of the employment status of higher education teachers are issues that have been inadequately defined in the past development of higher education law or have not been included in higher education legislation at all. The specifics of the employment status of higher education teachers can be traced in the recruitment process, in the election to the title, which is a condition for holding a position, in defining work obligations and determining working hours, which requires special arrangements arising from the nature of higher education teachers. Atypical form of work at home, which is linked to the scientific research work of a higher education teacher, also requires special regulation. Higher education teachers organize the educational and scientific research process at universities, so for them education is crucial for the work of every higher education teacher, especially the internationally recognized sabbatical year, where legislation leaves a legal gap in its implementation. Termination of employment and interference with social security is also important for a higher education teacher, especially in the event of termination of the employment contract due to the loss of the title and due to the fulfillment of the conditions for retirement.

08.08.2023