Instrumenty prawne polityki kadrowej wobec nauczycieli akademickich
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Date
1987
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Publisher
Wydział Prawa i Administracji UAM
Title alternative
Legal Instruments of Personnel Policy Towards Academic Teachers
Abstract
The article is devoted to more important legal instruments in the sphere of
personnel policy towards academic teachers provided for by the Law of May
4, 1982, and especially by its amendment of July 25, 1985. The article is centered
on the issues of qualification requirements, appointing to a university post, periodical
evaluations of work results, promoting, transfering to another school or scientific
institution, the termination of employment and the realization of some employée's
rights.
The authors indicate that with respect to the above issues, also the chief organs
of state administration, especially Minister of Science and Schooling of Academic
Rank and Ministers supervising particular types of schools, are the subjects
of personnel policy. However, most of the powers are vested in bodies acting
within a given school, primarily in one-person organs (Rector, Deans) or — to
some extent — in collective bodies (Senate, Faculty Councils).
By virtue of the amendment of 1985, the status of subjects of personnel policy
is vested also in the school's appropriate political parties' instances. They are entitled
to decide jointly with the rector in the matters of the school's personnel
policy, yet the above cannot be identified with an individual decision to employ
or to fire a given person. However, the amendment did nor reintroduce the powers
as to the personnel policy which were vested in trade unions in years 1972 - 1982.
The authors reach the conclusion that the powers of the subjects of personnel
Policy are for the most part the object of their imperative legal duties. However, in
the authors' opinion the provisions of the Law often leave too much discretion,
especially with respect to termination of employment, which may occur either by
way of disciplinary penalty imposed by a disciplinary board or by means of the
minister's or rector's decision.
In order to avoid the abuse of the said discretion and to use it for rationalizing
the personnel policy, and especially for integrating the academic community,
the purposes of the Law and the individual circumstances should be taken into
account in the process of applying the Law, together with good academic customs,
which must be considered the concretization of the Law's provisions.
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Citation
Ruch Prawniczy, Ekonomiczny i Socjologiczny 49, 1987, z. 1, s. 13-29