Dopuszczalność zatrudnienia nauczyciela akademickiego na podstawie umowy o dzieło

Abstract

The presented study raises the issue of the admissibility of employing academic teachers on a basis other than an employment relationship, in particular based on one of the named civil law contracts, which is a contract for specific work. The author made the determination whether, due to the type of actual activities performed by the academic teacher, including in particular didactic classes, it is permissible to perform these activities on the basis of a result contract characterized by the need to specify the result that should be obtained by the academic teacher. The author’s considerations lead to the conclusion that the legislator allows the possibility of employing academic teachers on the basis of civil law contracts, including contracts for specific work; however, it should be remembered that in each case, before establishing a given legal relationship, the parties should first consider whether the specificity of the contract and the work will correspond to the actual content of the legal relationship between the university and the academic teacher. This is to avoid the situation where the academic teacher later questions that the contracting parties are not actually a work contract but, for example, an employment contract.