This research examines the legal characterization of the relationship between university lecturers in private (non-governmental) universities and these institutions, in light of the doctrinal and judicial divergence between considering it an employment contract, a contract for services, or an unnamed contract—particularly after the decision of the Reference Designation Authority in 2022, which tended to exclude it from the scope of employment contracts. The importance of the topic lies in the legal consequences of such characterization, especially regarding lecturers’ rights and obligations and the competent judicial authority.
The study adopts an analytical approach by examining the essential elements of an employment contract (wage, work, and subordination) and assessing their applicability to teaching contracts, while also discussing opposing views that classify the relationship as a contract for services. The research finds that although lecturers enjoy academic independence in performing their duties, they remain subject to the administrative and organizational structure of the university, thereby fulfilling the element of administrative—rather than scientific—subordination.
The study concludes that the relationship between lecturers and private universities is best characterized as an employment contract of a special academic nature, combining legal protection afforded to employees with the specificity of academic work. This characterization achieves a balance between institutional organization and academic freedom, while rejecting its classification as a contract for services due to its continuous and institutional nature.