Legal Instruments of Personnel Policy Towards Academic Teachers

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.Digitalizacja i deponowanie archiwalnych zeszytów RPEiS sfinansowane przez MNiSW w ramach realizacji umowy nr 541/P-DUN/201