Issues Concerning Age as a Statutory Element of the Grounds Under Article 328, Paragraph 1, Item 10, Second Sentence of the Labour Code for the Dismissal of Professors, Associate Professors, and Employees Holding the Doctor of Science Academic Degree

Authors:

Pages: 57-72
DOI: https://doi.org/10.54664/UIMI9354

Abstract:

The study primarily examines the age requirement stipulated in Art. 328, para. 1, item 10, second sentence of the Labour Code as one of the statutory elements giving rise to a ground for termination of employment of habilitated members of the academic staff in higher education institutions and research organizations, as well as of employees who have obtained the doctor of science academic degree. Through the presentation of numerous arguments, the study substantiates the thesis that legislative amendments to the Labour Code are necessary, consisting in an increase of five years to the mandatory minimum age threshold established as an element of the relevant grounds for termination.

Keywords:

dismissal, academic staff, higher education institution, research organization, academic position, associate professor, professor, doctor of science, retirement age, contributory service period, entitlement to a pension for length of service and age.

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