Academic Tenure Issues and Legal Protection
The stability of employment for academic staff (professors) in higher education institutions is critical for ensuring academic freedom and quality research. In Georgia, analogous to the Western "Tenure" system, the institution of indefinite employment contracts exists for full professors. However, unlike the classical understanding, Georgian legislation links indefinite contracts to periodic attestation (once every 5 years). This process often becomes a subject of dispute between the administration and the professor, especially when attestation results are subjective or politically motivated. Obtaining, maintaining, and protecting an indefinite contract from illegal termination requires in-depth knowledge of the Law on Higher Education and the Labor Code.
This service is designed for professors who are in the process of obtaining an indefinite contract, undergoing attestation, or facing the threat of illegal dismissal. Specialists on our platform ensure the full protection of your academic and labor rights.
What Does the Tenure Issues Service Cover?
Specialists on Legal.ge offer assistance at all stages of academic labor relations:
- Negotiating Indefinite Contracts: Agreeing on contract terms with the university, clearly defining academic workload and research obligations.
- Monitoring the Attestation Process: Legal analysis of attestation rules and criteria; representation at attestation commission meetings to ensure objectivity.
- Appealing Illegal Dismissal: Preparing lawsuits and representation in court if the university violated procedures for terminating an indefinite contract.
- Protecting Academic Freedom: Legal response when the administration uses labor leverage to restrict a professor's academic views.
- Claiming Compensation and Reinstatement: Legal assurance for reimbursement of lost wages and reinstatement to the position.
Common Real-World Scenarios and Needs
In the academic space, we often encounter the following legal problems:
- Unfair Attestation: The university terminated a professor's indefinite contract based on a negative attestation, but the evaluation criteria were vague and not based on measurable indicators (e.g., number of publications).
- Reorganization Pretext: The administration abolished a faculty or department through formal reorganization to get rid of unwanted professors, which is a violation of the Labor Code.
- Arbitrary Change of Contract Term: The university refuses to sign an indefinite contract despite the existence of legally required conditions and offers the professor a short-term agreement.
- Reduction of Hours: The administration unilaterally reduced the hours and salary of a tenured professor, effectively forcing them to resign voluntarily.
Georgian Legal Framework
Labor guarantees for academic staff are regulated by the Organic Law of Georgia "Labor Code" and the Law of Georgia "On Higher Education" (Articles 35 and 36). The law establishes that a person may be elected to the position of full professor for an indefinite term, subject to periodic attestation no more than once every 5 years. The rules for attestation are defined by the university's charter, but they must not contradict the basic principles of legislation — transparency, objectivity, and equality.
Service Process
Cooperation with a lawyer includes:
- Documentation Audit: Reviewing the existing employment contract, university charter, and attestation regulations.
- Strategy Development: Assessing the prospect of the dispute (whether to go to court or negotiate).
- Internal Appeal: Filing a complaint with the University Academic Council and Ethics Commission.
- Litigation: Filing a lawsuit and representation during the trial.
Why Choose a Specialist on Legal.ge?
Academic labor disputes require specific knowledge, as labor law intersects with educational regulations. Legal.ge gives you access to lawyers with experience disputing with universities. They will help you protect your academic career and reputation from unfair decisions.
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