The legal regime of research staff at public universities after the Basic Statute of Public Employees

new developments and new perspectives for their reorientation towards the public sphere

Abstract

The aim of this article is to analyse the working conditions of the public researchers after the entry into force of the Basic Statute of the Public Employee. This law has introduced important changes in this matter. It supposes the automatic application of some of his precepts to all the researchers that are linked to Universities and other public institutions through several modalities of work contracting. In any case, it determines directly the inclusion of the public researcher in the new concept of the «public employee».

Independently of the nature of their contract, the application of the Basic Statute supposes that the Public Administration should provide working conditions which allow to researchers to combine family, work and career. Particular attention should be paid for the problem of the stability in the employment for researchers. On the other hand. the Public Universities should draw up, within the framework of their human resources management, a new framework for the composition of the selection committees, a specific career development strategy for researchers at all stages of their career, regardless of their contractual situation, including for researchers on fixed-term contracts.

It situates us in front of a certainly complex legal framework, where they coexist public and private norms, for this type of staff. expecting the approval of a specific statute for the researchers. In any case. this studv allows us to think about the changes, challenges and opportunities for reform that entails the new regulation.In our view, that would be able to suppose the change of these types of labour contracts towards the field of the Administrative Law.