The Legal Nature of Faculty Employment Agreements
In Georgia, an employment contract with academic personnel is concluded in the manner prescribed by the labour legislation of Georgia — this rule is laid down directly in Article 36, paragraph 1 of the Law on Higher Education. A faculty employment agreement therefore rests on two layers: general labour law, which governs the form, duration and termination of the contract, and the special norms of the higher education law, which regulate how the position is obtained, the conditions of election and the rights of academic personnel.
Appointment Only Through Open Competition
Under Article 34, paragraph 1 of the Law on Higher Education, an academic position may be held only through an open competition complying with the principles of transparency, equality and fair competition. The law admits a single exception: in an Orthodox theological higher education institution, academic positions are filled under the procedure established by the Catholicos-Patriarch of All Georgia.
As regards the organisation of the competition, the law sets one clear deadline: the date and conditions of the competition are published, in the manner prescribed by Georgian legislation and the institution's charter, no less than 1 month before the submission of documents closes.
Conditions of Election by Position
Article 35 of the law establishes separate qualification requirements for each academic position, and it is these requirements that form the basis on which the employment contract is concluded. The position of leading professor may be filled, for a term determined by the institution's charter, by a person holding a doctoral degree or an equivalent academic degree who has at least 8 years of scholarly-pedagogical work experience and outstanding scholarly achievements — published works in leading local and international journals, participation in national and international research projects and similar credentials.
The position of professor is filled, for a charter-defined term, by a person with a doctoral or equivalent degree and no less than 6 years of scholarly-pedagogical experience, while the position of associate professor requires at least 3 years of such experience. An assistant professor is elected from among holders of a doctoral or equivalent degree for a term of 3 or 4 years, and an assistant may be a doctoral student elected for 3 or 4 years. In arts higher education institutions the law establishes a special regime: for creative directions the terms and degree requirements are set with greater flexibility — for example, in an arts institution an assistant may be appointed from among master's students for a term of 2 or 3 years.
The Age Limit and Its Judicial Assessment
For state-founded higher education institutions the law previously set an age restriction: a person who has reached the age of 65 may not be elected to an academic position, and a person holding a position who reaches 65 is released from the position after the expiry of the term of election. The consolidated text carries an annotation that the Constitutional Court of Georgia, by its decision of 22 February 2023, declared the corresponding paragraph to have lost force.
Rights and Obligations of Academic Personnel
The content of the agreement is completed by Article 37 of the law, which regulates the rights and obligations of academic personnel. Academic personnel have the right to participate in the governance of the higher education institution in accordance with the law and the charter; to carry out teaching, research and creative activity and to publish scholarly works without interference; and, within the framework of an educational programme, to determine independently the content of course programmes (syllabi), teaching methods and means.
Under the same article, academic personnel are obliged to observe the requirements of the institution's charter, to respect the code of ethics and the norms of disciplinary liability, to perform the duties assumed under the employment contract, and, after the completion of a scholarly-creative sabbatical, to submit a report on the work carried out.
Frequently Asked Questions
Below we answer the questions most frequently raised in connection with faculty employment agreements.
Can an academic position be filled without an open competition?
No. Under the law, an academic position may be held only through an open competition. The sole exception is the Orthodox theological higher education institution, where positions are filled under the procedure established by the Catholicos-Patriarch of All Georgia.
How far in advance must a competition be announced?
The date and conditions of the competition are published no less than 1 month before the deadline for the submission of documents, in the manner prescribed by Georgian legislation and the institution's charter.
What qualification does a professor need?
A professor may be elected, for a charter-defined term, from among holders of a doctoral or equivalent academic degree with no less than 6 years of scholarly-pedagogical work experience. A person with outstanding achievements may also be elected as professor without a fixed term.
Does the law set an age limit?
The law provided that a person who reached 65 could not be elected in a state-founded institution; however, following the Constitutional Court decision of 2023 the corresponding norm has been declared to have lost force, so its application is contestable.
Who determines the content of syllabi?
Academic personnel may independently determine the content of syllabi, teaching methods and means within the framework of the educational programme, without interference.
How We Help on Legal.ge
The Legal.ge team assists both higher education institutions in ensuring the legality of competition procedures and the execution of contracts, and faculty members in matters of contract terms, challenging election results and protecting academic rights. We analyse your situation against the requirements of the Law on Higher Education and indicate precisely which norm applies in which circumstance.
Contact us on Legal.ge for a consultation: we will help you draft the contract and, in the event of a dispute, build a well-grounded position for appeal.