La regulación convencional del contrato de interinidad en la UniversidadEl profesorado sustituto
ISSN: 2282-2313
Year of publication: 2017
Volume: 5
Issue: 3
Pages: 53-76
Type: Article
More publications in: Revista Internacional y Comparada de Relaciones Laborales y Derecho del Empleo
Abstract
The use of the contract of interim within the Spanish public universities has not been uniform. The Organic Law on Universities in its article n.48, only purposes the replacement of workers holding the right to retain their post. However, in a generalized way, it may be admitted by the Law on Science. The temporary need for teaching and research staff, due to a variety of specific causes, has been covered by associate teaching staff rather frequently, which precariousises the University scene. Through collective bargaining and, therefore, in a non-uniform way at all, a legal regime is being developed apart from the contract of interim. The substitute teaching staff offer, in practice, a response to the particularities proper of the University sphere, saving the obstacles imposed by its role of public administration. However, the need to establish a minimum and differentiating regulation, able to avoid arbitrariariness and, hence, to offer legal certainty to these personnel, is being highlighted.