Although the flexibility of the decision-making power of institutions with respect to recruitment procedures varies from one country to the next and is generally dependent on official regulations, institutions are undeniably autonomous in their role of employer and negotiator of contracts.
The information presented in Figure 5.3 shows that institutions are considered as the formal employer of academic staff in the vast majority of countries with the exception of Greece, France and Iceland. This situation applies generally to all staff (in all categories), with the exception of Estonia, where the ministry responsible for higher education employs the rector of state professional HEIs.
In certain countries, a specific stakeholder within the institution is considered as the employer. This is the case for the rectors of HEIs in Bulgaria. At Danish public universities, this function is held by heads of faculty or department.
As mentioned in Chapter 1, some deregulation measures are also seen in the increasing flexibility of contractual arrangements and in the reduction in the number of civil servant positions.
Therefore, there is a trend towards a relaxing of requirements related to contracts and/or professional statuses in certain countries.
In the German-speaking Community of Belgium, the decree of 2005 provided for a modification of the professional status in particular, with an aim to allow the possibility to hire Gastdozenten (guest lecturers) and especially to be able to recruit the Direktor and the heads of department (Fachbereichleiter) for a renewable mandate of 5 years.
In France, the Act related to freedoms and responsibilities of the universities, adopted in August 2007, allow more autonomy of the decision-making power of institutions with respect to staff management. In Austria, an amendment in 2001 of the Service Code for Universities abolished employment contracts governed by public law for all new teaching staff at the university. The new contracts are governed by the general legislation which applies to contractual staff. According to the law of 2002 on universities, agreements related to employment contracts for previous academic staff will also be converted into contracts governed by private law.
Likewise, in several countries, contracts are directly negotiated with the institution. This is the case in particular in Denmark, Estonia (universities), Malta, the Netherlands, Romania, Slovenia, Liechtenstein and Norway.
In Estonia (universities), Latvia, Malta, Slovenia and Norway, contracts are negotiated specifically with the rector or the highest ranking stakeholder.
In Estonia, contracts at universities are negotiated with the rector. The conclusion of a contract may be refused if the conditions or procedures for the competitive examination have been violated. The law also mentions that an employment contract for an undetermined period may be signed with professors who have taught for at least 11 years at the same university. As regards the rector, the chosen candidate negotiates his or her contract with the eldest member of the university council. In the case of professional higher institutions, the contract is negotiated at ministry level.
In Malta, academic staff negotiate their employment contracts on the basis of a collective agreement with the institution, which is represented by the president of the board and the rector (university) or the principal and the president of the board of governors (MCAST) as legal representatives.
In the Czech Republic (ISCED level 5A) and Sweden (with the exception of vice-chancellors, for whom contracts are concluded with the government), contracts are negotiated with the institution as well as being supported by unions.
In the majority of countries, teaching staff at public or government-dependent private HEIs are employees working under contracts governed by general labour legislation (with their contracts being permanent or not). For fourteen countries or regions, the flexibility of institutions is clearly more limited inasmuch as the majority of their teaching staff have the status of civil servants (distinct regulatory framework of the legislation governing contractual relations in the public or private sector) or career civil servants (such as in Portugal and Norway). In half of the latter countries, there is nevertheless a mixed statutory framework (staff hired as civil servants or on a contractual basis). This is the case in the French and Flemish Communities of Belgium, Germany, Spain, France, Italy and Slovenia.
Figure 5.3: Employer and types of status of teaching staff, public and government-dependent private higher education, 2006/07
Employer Types of status
Central level Data not available Institution
Civil servants
Employees on a contractual basis
Source: Eurydice. Source: Eurydice.
Additional notes
Belgium (BE de): The 2005 decree related to the creation of the Autonome Hochschule was at the origin of the merging of competent authorities for the three distinct HEIs, which were considered as the employers. From then on, only the Autonome Hochschule, as an autonomous legal body governed by public law, is considered as the employer.
Germany: Professors are appointed for life, whereas other teaching staff are not.
Spain: Although teachers are employed by the institution, all candidates must previously been accredited by an official body at national level to be able to apply for a post of university teacher.
Ireland:Academic staff are employees with the status of public sector employees.
Italy: Employment contracts are governed by public law. Academic staff are civil servants benefiting from the same status and contracts throughout the country.
Latvia: The rector concludes an employment contract with a person elected to an academic position (professor, associate professor, docent, lecturer or assistant) for a duration of 6 years.
Luxembourg: Information not verified at national level.
Iceland: Academic staff at government-dependent private HEIs are employed by HEIs, whereas those at state HEIs are employed by governmental authorities.
Explanatory note
The reference to civil servant refers to any persons employed by the public authorities (at central or regional level), in accordance with legislation distinct from that governing contractual relations in the public or private sector. Career civil servants are teachers who are appointed for life by the appropriate central or regional authorities where these are the top-level authority for education.