高校劳动自由保障的几个方面

Shota Veshapidze Shota Veshapidze, Lasha Mgeladze Lasha Mgeladze
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摘要

高等教育机构活动的成功实施,其声誉和质量在很大程度上取决于学术人员的资格和知识转移的技能。劳动自由是其主要基础。因此,本文研究的主题是学术人员工作自由的保障问题。这项研究的目的是揭示确保教授、副教授和助理教授以及整个学术人员的工作自由所面临的挑战,以及解决这些挑战的方法。研究的对象是国际和格鲁吉亚关于劳动关系的规制和保护的立法。为此,我们采用了分析、综合和批判评价的方法,对规范学术人员劳动自由的法律在实践中的执行情况进行了评价。在格鲁吉亚的高等教育机构中,确立了为竞赛获胜者签订一段特定时间的劳动合同,并在合同期满后重新公布空缺职位的做法。一方面,这种做法在内容上是无效的,另一方面,它与国际和格鲁吉亚立法的要求相矛盾,因为它增加并促成了对学术人员的威胁,限制他们的自由,操纵,偏袒,裙带关系和腐败。根据《乔治亚州劳动法》第12条,获胜的员工必须签订终身合同。没有其他客观情况应当订立固定期限劳动合同的。因此,高等教育法关于定期举行再竞赛的要求与《劳动法》的组织法相矛盾,《劳动法》本身表明必须遵守其要求。基于以上,提高教育系统的有效性,完善人事制度,尽可能地促进合格教师为学生教学,使格鲁吉亚教育立法更接近欧洲教育系统的最佳实践,建议高等教育机构摆脱对学术人员工作自由的限制,并遵守国际和格鲁吉亚劳工立法的要求。关键词:教育制度,教师,劳动自由,劳动合同,教学效果
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Some aspects of protection of labor freedom in higher education institution
The successful implementation of the activities of the higher educational institution, its prestige and quality depend to a significant extent on the qualifications of the academic staff and the skills of knowledge transfer. Freedom of labor is its main foundation. Therefore, the subject of our research in this article is the provision of freedom of work for academic staff. The purpose of the study is to reveal the challenges of ensuring the freedom of work of professors, associate and assistant professors, as well as academic staff as a whole, and ways to solve them. The object of research is the international and Georgian legislation on the regulation of labor relations, its protection. For this purpose, we used the methods of analysis, synthesis and critical evaluation of the implementation of the laws regulating the freedom of labor of academic staff in practice. At the higher educational institutions of Georgia, the practice of signing a labor contract for a specified period of time is established for the contest winners and also then re-announcing the vacant position after the expiration of same contract. On the one hand, such an approach is ineffective in terms of content and on the other hand, it contradicts the requirements of the international and Georgian legislation, because it increases and contributes to the emergence of threats to academic staff, restrictions on their freedom , manipulation, favoritism, nepotism, and corruption. According to Article 12 of the Labor Code of Georgia, the winning staff must sign a lifetime contract. There is no other objective circumstance that justifies the conclusion of a fixed-term employment contract. Accordingly, the requirements of the law on higher education, which concern the holding of periodic re-competitions, contradict the organic law of the labor code, which itself indicates that it must comply with its requirements. Based on all of the above, increasing the effectiveness of the education system, perfecting the personnel system, promoting teaching by qualified teachers for students as much as possible, bring the Georgian educational legislation closer to the best practices of the European education system, it is advisable for higher educational institutions to get rid of restrictions on the freedom of work of academic staff and to comply with the requirements of international and Georgian labor legislation. Key words: System of education, Academic staff, freedom of labor, labor contract, effectiveness of teaching.
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