Das Hochschulfreiheitsgesetz (HFG-NW) und seine arbeitsrechtlichen Folgen für angestellte Wissenschaftler

摘要

On the 1st of January 2007 the Hochschulfreiheitsgesetz of the federal state of Nordrhein -Westfalen took effect, making NRW's universities independent from the state. They lose their double character as public corporations and public facilities, and are no longer under government supervision. The legislator's will is that institutions of higher education be freed from "inhibitory rules and unnecessary regulations". Their competitive, as well as innovative abilities are to be increased. To this purpose, each establishment steps into the already existing labour contracts between the state and the employees working at the universities within the framework of a universal succession (Art. 7, 2 Abs. 1 S. 1 HFG-NW). Employees hired after January 1st, 2007 automatically become employees of the respective university. The purpose of the new law is to enable universities to conduct self sufficient personnel management. The author deals with the consequences for academic and scientific researchers, such as professors, research colleagues and research assistants, employed at establishments of higher education. The new law makes provisions to safeguard existing standards for employees whose contracts are transferred from the state to the separate institutions. If a university should become unable to meet its contractual obligations, the state is liable for outstanding claims in wages and salary. Notice of termination on grounds of operational necessity cannot be given, when the cause is the new found independence of the establishment. Terminations out of operational necessity for other reasons are permissible only when the employee has refused a comparable offer of employment from another university or state department. However, employees have no right of objection against the transfer of the employment relationship from the state to the independent universities.