The Universities Act provides, among other things, for far-reaching special regulations with regard to fixed-term employment contracts compared to other labour laws. It is this special law that makes possible the - compared to other sectors - unusually high share of fixed-term employment contracts at universities, which is currently around 80%. The Universities Act gives universities the right to conclude fixed-term employment contracts repeatedly and for a period of up to twelve years (in individual cases even up to 18 years) without establishing a permanent employment contract. However, this is merely an option and by no means an obligation to hire employees on a fixed-term basis by default. In light of the reflections on career models at universities  and the criticism of the high proportion of precarious employment relationships, the question of the justification and necessity of this special law also arises. On April 27, 2023, a conference on this topic was held at WU, organized by Vice-Rector (VR) Michael Lang, the Legal Affairs Office of WU and the law firm CMS.

The meeting was opened with a keynote address by VR Lang entitled "The Need for and Justification of a Special Employment Law for Universities." In it, VR Lang provided two reasons for temporary positions, generational equity and room for new impetus. Generational justice, however, would probably be desirable and useful in every industry and personnel category. New impulses are imperative not only at universities, but also in many other industries and companies for their continued existence and success. However, hardly any other sector in Austria or the EU has such a high level of temporary employment as universities. In 2021, only around 6% of all employees in Austria had fixed-term contracts. The EU average for the same period was around 10%, although in special sectors such as agriculture, the arts, entertainment and leisure industry and the hospitality industry, between 20% and 30% of all employees have fixed-term contracts. For the university sector, however, the Austrian surveys provide quite different figures. The University Report 2020, for example, shows a fixed-term employment rate of around 79% for academic staff. However, even in the Austrian university system, this high number of fixed-term contracts is not applied to all personnel categories, but primarily only to those below the level of professors. Why do the arguments of generational justice and space for new impulses not lead to a majority of fixed-term contracts at the highest level as well? Do universities manage to achieve these goals at the professorial level in other ways? If this is the case, why are these alternatives not also applied to all other personnel categories instead of using fixed-term contracts? In general, the question arises as to whether the aforementioned goals ("generational equity", "impetus") cannot be achieved by milder means, such as active and sustainable personnel planning, given the existing, typical personnel fluctuation in the international science sector.

Furthermore, the negative effects of the special law should also be considered. In his conference contribution, Mag. Jöchtl of the Union of Public Services (GÖD), pointed out, among other things, social implications and selection of early-stage researchers on the basis of socio-economic criteria and/or their risk attitude as major consequences of the special regulations of the Universities Act. In short, because of this special law, one must first be able to afford a scientific career. Moreover, employees, who hope for another employment contract at their university after their current contract expires, are highly dependent on their immediate supervisors. This dependency arguably tends to inhibit the very innovation that is supposed to be fostered. In addition, personal dependencies in a working environment can lead to a variety of problems and conflicts. When evaluating the special law, all of these negative effects need to be carefully weighed against a university's social responsibility.
Another argument, that repeatedly comes up as a justification for the special labour law of the Universities Act is a feared "fossilization" of universities. Would this actually take place, especially in the current situation of the labour market? On the one hand, critics of the special labour law do not demand that only permanent contracts should be awarded at universities. On the other hand, permanent positions are also subject to ongoing fluctuation, which can already be observed in QA positions at WU. Therefore, the question of how universities will be able to find and retain excellent employees in all personnel categories has repeatedly been raised. This is probably one of the reasons why WU has adopted the "full professor rank" career model (see our article in this issue of the newsletter), even though this will only affect a small group. However, this is no substitute for a comprehensive increase in attractiveness and a systematic reduction of fixed-term contracts at WU for all categories of staff.

Another interesting lecture at the above-mentioned conference dealt with the topic of working hours at universities. Professor Auer-Mayer from the Institute for Austrian and European Labour Law and Social Security Law dealt in particular with the special regulations of working hours law for academics, addressing, among other things, questions regarding the permitted extent of working hours, the determination of the location of working hours, and any additional remuneration entitlements.

In principle, it was stated that even if private interests or the interests of third parties are pursued within the framework of scientific work, such as in the case of giving talks and publications, it must be assumed that these are working hours. With regard to the extent and location of working hours for academic staff members, Professor Auer-Mayer explained that regular working time is generally 40 hours per week and that these weekly working hours can generally be freely allocated by all academic staff members. Only in the case of important official reasons does the employer have the right to instruct specific working hours. Even in this case, however, important interests on the part of the employees, such as childcare obligations, must be taken into account. Saturdays, Sundays and holidays must be kept off duty. Employees may refuse to work outside the agreed working hours or outside the limits set by the university Collective Bargaining Agreement (weekend, holiday, teaching after 9 p.m., etc.) in the same way as they may refuse to work beyond the maximum working hours. These are 13 hours per day or 60 hours per week, with a maximum of 48 hours per week allowed on average over a twelve-month period. In the case of part-time employment, the maximum permissible overtime is also limited to 10% of the agreed extent of employment.

Any accrued overtime has to be compensated for with time in lieu (in the case of full-time employment to 40, not 48 hours!). Also in the case of part-time employment, the compensation is based on the contractually agreed working hours. If the limits for maximum teaching per semester specified in the Collective Bargaining Agreement are exceeded (e.g. on salary level B1 01 max. 2 SWS, from B1 02 max. 4 SWS), additional compensation is due, as these additional hours are then no longer covered by the all-in salary. This is provided for by WU in the form of various teaching allowances. The Academic Staff Council, however, considers a valorization of these allowances to be necessary (see our article in the last newsletter). Finally, Professor Auer-Mayer noted that there are working time limits for academic staff. A complete exemption from the protection of working hours can only be assumed for those university staff members who are considered executive employees in the sense of the Working Hours Act (Arbeitszeitrecht). However, this can only be assumed for members of the rectorate, deans and probably also department chairs.

^22.05.2022

back to the top