The permanent employment contract should remain the norm
Fixed-term contracts in the Higher Education and Research sector
The permanent employment contract should remain the norm
At its last meeting, the Committee of the Higher Education and Research Department of SEW/OGBL, which includes staff representatives and members of the OGBL in public research centers LIST, LIH and LISER, the Virtual Resource Centre for knowledge about Europe (CVCE) and the University of Luxembourg, discussed the special regime for the sector with regard to fixed-term contracts (contrat à durée déterminée - CDD). Article 122-4 of the Labor Code makes it possible for the University and public research centers to renew the fixed-term contracts up to a maximum of 60 months, or 5 years, for researchers and lecturer-researchers.
The OGBL has repeatedly criticized the abuse of this exception system. While the use of a special system for employment contracts of re - searchers studying for a PhD or in postdoctoral studies, which correspond to the duration to obtain the degree in question, is legitimate, the question is different for researchers engaged “on project.”
The OGBL is opposed in particular to practices raised recently in a parliamentary question of deputy Franz Fayot on the systematic application of fixed-term contracts for the maximum period of 60 months, followed by a waiting period of one year and a half. During this period the researcher is unemployed, before he is again hired with a fixed-term contract in the same institution, but for a new project. In these cases, the use of a CDD is clearly unfair and creates precarious situations for the researcher, who finds himself not only with periods of unemployment but does not benefit from wage scale advancements of employees hired with a permanent contract nor from the security to plan his personal life, while most of the researchers concerned are in the age group for which it is customary to start a family, buy a house etc.
Therefore, the OGBL cannot agree with the proposals made by two young researchers to extend the maximum period of a fixed-term contract beyond 60 months already allowed. As rightly noted by the ministers concerned in their reply to the relevant parliamentary question, “nothing prevents public research organizations to conclude permanent contracts with researchers.” In fact, in such cases, the use of a permanent contract, which must remain the standard employment contract, should be required.
In addition, the OGBL does not share the current practice of systematically denied permanent employment for PhD students and post-doctoral students after completion of their degree, thereby encouraging them to seek employment in another country or change from public to private sector, as is advocated by the ministry. While it is true that public research organizations cannot guarantee a permanent contract to all researchers who have completed their doctoral or postdoctoral studies in Luxembourg, however, it makes no sense to exclude this possibility systematically. For the OGBL, it is not understandable why this important scientific potential and “intellectual capital” is lost to Luxembourg under cover of international mobility.
In addition to these general facts, it should be noted that legal uncertainty has been created on the fact that Article 122-1 (3) of the Labor Code continues to refer to the law on public research centers (CRP) of 18 March 1987 and on the law on CEPS/INSTEAD of 23 November 1989, which were repealed by the new law on the organization of public research centers of 3 December 2014. It is therefore arguable whether the 60-month special regime still applies to the three CRP that fall under the new law. The OGBL therefore calls on the Minister of Labor to rectify as quickly as possible this source of uncertainty in the Labor Code, due to an unfortunate left out of the legislator, also in order to ensure legal certainty for employees who have a fixed-term researcher contract right now.
The departmental committee has also taken note of the announcement of ministers Nicolas Schmit and Claude Meisch in a joint response of 14 April 2015 to a parliamentary question from deputy Taina Bofferding that they would ‘soon consult the representatives of the interested circles to discuss legal adjustments that may be required and possible in compliance with the EU legal framework in particular. “ As the majority trade union in the higher education and research sector, the OGBL obviously wishes to participate in such consultation in order to submit its concerns and proposals on this project. However, OGBL already now puts on guard against any attempt to allow even more derogations. Indeed, the permanent employment contract should be the norm, in the higher education and research sector as in any other sector.
July 2015