What an Indefinite Contract Means in the Georgian System
In Georgian higher education, an indefinite contract with academic personnel exists, but in a deliberately narrow form. Under Article 33 of the Law on Higher Education, academic personnel consist of leading professors, professors, associate professors, assistant professors and assistants, and the possibility of indefinite election is tied by the law only to the top of this hierarchy — the position of professor. The tenure system widespread in the United States is not a Georgian model; in Georgia every condition of indefinite status is determined by Article 35 of the Law on Higher Education.
Indefinite Election as Professor — the Conditions
Under Article 35, paragraph 2, subparagraph „b“ of the law, a person may be elected indefinitely to the position of professor if they satisfy the requirements of subparagraph „a“ of the same paragraph — that is, hold a doctoral degree or an equivalent academic degree and have no less than 6 years of scholarly-pedagogical work experience — and have outstanding professional achievements or scholarly achievements.
As can be seen, indefinite election requires the coexistence of two independent elements: the person must first meet the general qualification requirements for professor, and this must be complemented by achievements of an outstanding character. Such achievements are assessed individually, which is why the preparation and substantiation of competition materials is decisive.
The Special Model of Arts Higher Education Institutions
In arts higher education institutions the law establishes a separate model. In such an institution, the position of professor may be filled, for a term determined by the charter, by a person holding a doctoral or equivalent degree who has no less than 8 years of scholarly or pedagogical work experience. An elected person may then occupy this position indefinitely by decision of the academic council, if they satisfy the corresponding requirements and have been elected to the position of professor for a third consecutive term or have outstanding professional, pedagogical or scholarly achievements.
For arts directions the law also sets specific terms: the position of associate professor in an arts direction may be filled for a term of no less than 4 years by a person with the corresponding scholarly-pedagogical or artistic work experience of no less than 4 years. An assistant professor in an arts direction may be elected from among holders of a master's degree for a term of no less than 4 years, and an assistant from among master's students for a term of 2 or 3 years.
Attestation — Periodic Verification of the Condition
Indefinite election does not mean the end of oversight. Under Article 35, paragraph 6 of the law, where a professor has been elected for a term of more than 5 years, the professor undergoes attestation once every 5 years, in the manner determined by the charter of the higher education institution. A professor elected for more than 5 years is not subject to attestation where, after 5 years from the election, less than 5 years of the term of office remain — in that case verification has no practical meaning.
The details of the attestation procedure are established by the institution's charter, so the specific criteria — volume of publications, teaching load or research projects — vary from one institution to another. For a person with indefinite status the result of attestation is a significant legal fact, because it is attestation that verifies whether the basis of the indefinite election is maintained.
To Whom These Requirements Do Not Apply
The law contains one important exception: the requirements established by Article 35 do not apply to academic positions in an Orthodox theological higher education institution. In such an institution, the conditions of indefinite or fixed-term election are governed by a different regime. Bear in mind also that within the hierarchy of academic personnel indefinite election is linked by the law only to the position of professor: the positions of associate professor, assistant professor and assistant are held for a term.
Where the dispute concerns a refusal of indefinite election or the results of attestation, what is decisive is the documentary proof of exactly the conditions the law requires — the degree, the length of experience and the outstanding achievements. It is on these elements that a court or appellate body will build its assessment.
Frequently Asked Questions
Below we answer the questions most frequently raised about indefinite academic contracts.
Does an indefinite academic contract exist in Georgia?
Yes, but only for the position of professor and subject to outstanding professional or scholarly achievements. Unlike the American tenure system, the Georgian model is narrowly defined by the Law on Higher Education.
What conditions are needed for indefinite election as professor?
The person must meet the general requirements for professor — a doctoral or equivalent degree and no less than 6 years of scholarly-pedagogical experience — and have outstanding professional or scholarly achievements.
How is an indefinite position taken in an arts institution?
An elected person occupies the position of professor indefinitely by decision of the academic council, if elected for a third consecutive term or having outstanding achievements.
Is an indefinite professor subject to attestation?
Yes — a professor elected for more than 5 years undergoes attestation once every 5 years, unless less than 5 years of the term of office remain after 5 years from the election.
Does this rule apply to theological institutions?
No. The requirements of Article 35 do not apply to academic positions in an Orthodox theological higher education institution.
How We Help on Legal.ge
The Legal.ge team helps academic personnel assess the conditions for indefinite election, prepare competition documentation and manage disputes related to attestation or election. We determine precisely which norm applies to your institution and what evidence is required for indefinite status.
Contact us on Legal.ge for an assessment of your situation.