The management system in higher education institutions (HEIs) is governed by the 2018 Law on Higher Education and Science and related regulations (see the introductory section to this Chapter) which have replaced regulations adopted in 2005 and amended in subsequent years. The new legislation has introduced a number of changes concerning the governing bodies of an HEI. See also information on the management of HEIs in Chapter 2.7, Administration and Governance at Local and/or Institutional Level.

Pursuant to the regulations previously in force, the collective governing bodies of a public HEI were the senate and boards of basic organisational units; instead or in addition to the senate, an HEI could establish another body, as provided for in its statutes; a non-university HEI was required to have a council (involving external stakeholders). Collective bodies of a non-public HEI were specified in its statutes. The single-person authorities of public and non-public HEIs were the rector and heads of basic organisational units (deans where a faculty was the basic organisational unit). Non-public HEIs could establish another single-person authority, in addition to the rector. Furthermore, for public HEIs, the legislation specified two types of management positions or functions, vice-rectors and deputy heads of basic organisational units (vice-deans), general requirements for these positions and possible appointment and dismissal methods.

Within the system currently in place, operating in accordance with the new legislation, the governing bodies are the council (a new body involving external stakeholders), the rector and the senate of a public HEI, and the rector and the senate of a non-public HEI. The statutes of public and non-public HEIs may also provide for other bodies. The legislation no longer specifies management positions or functions (other than the rector) at the level of the institution or its organisational units; it sets only general requirements for persons taking such positions. Management positions and appointment and dismissal arrangements for such positions are laid down by the statutes of an HEI, and management staff are appointed and dismissed by the rector.

Rector

Requirements for appointment and conditions of service

Powers and responsibilities

The new legislation has strengthened the position of rector (rektor) by extending the range of their powers and responsibilities. The rector is responsible for institutional management, including human resources policy and financial management, the establishment of the HEI’s organisational structure and the division of responsibilities within the structure, and for the appointment and dismissal of staff in management positions. At the same time, the new arrangements require collaboration between the rector, the council and the senate of an HEI.

As part of their powers and responsibilities, the rector:

• represents the HEI;
• manages the institution (with institutional management being monitored by the council;
• drafts the statutes and strategy of the institution (on which the council gives its opinion, and which is approved by the senate, chaired by the rector);
• submits a report on the implementation of the institutional strategy (on which the council gives its opinion, and which is approved by the senate);
• performs responsibilities based on the labour law;
• appoints staff to, and dismisses them from, management posts (in accordance with the arrangements lad down in the statutes of the institution);
• designs and implements a human resources policy of the institution;
• establishes first-, second- and long-cycle programmes and doctoral schools (curricula for first-, second- and long-cycle programmes, non-degree postgraduate programmes, specialist programmes and doctoral programmes / studies at doctoral schools are adopted by the senate);
• performs financial management (monitored by the council which, for example, gives its opinion on an activity-and-financial plan and approves a report on its implementation and a financial report);
• ensure compliance with the regulations in force at the institution.

The rector also adopts organisational regulations (in accordance with the procedure adopted by the senate) which lays down the organisational structure of the institution and the division of responsibilities within the structure, and the organisational and operational arrangements of the institution’s administrative services.

Furthermore, the rector provides job descriptions for academic staff and – after consultation with the senate, trade unions and the student and doctoral student self-government bodies – establishes criteria for periodic staff performance appraisal and identifies the entity conducting appraisal. The rector may terminate the employment relationship in case an academic teacher receives a negative performance assessment or has an additional job taken up without the rector’s consent. The rector is required by law to terminate the employment relationship with a teacher who has received two consecutive negative performance assessments.

The rector renders invalid decisions taken by the entities identified in the legislation (for example, a student admissions board, a board awarding grants to students, the student self-government body) which are in contravention of the national legislation and / or internal regulations of the HEI.

A person or entity who is dissatisfied with the rector’s administrative decision may submit a request to the rector for reconsideration of the matter in question.

The Minister of Education and Science (earlier, the Minister of Science and Higher Education; the Ministry of Science and Higher Education and the Ministry of National Education were merged into the Ministry of Education and Science in January 2021) renders invalid decisions of the rector which are in contravention of the law. The rector may appeal against the Minister’s decision to the competent administrative court.

Pursuant to the national regulations in force during the COVID-19 pandemic (see the legislation in the introductory section of this chapter), HEIs (and other institutions providing non-degree postgraduate programmes and doctoral training; for example, research institutions) deliver courses / conduct classes in an online mode, using distance learning methods and technologies. However, HEIs (and other institutions) may conduct classes on campus, in a face-to-face format, if such classes cannot be taught in an online mode. A decision on the mode of delivery is taken by the rector of an HEI (or the head of another institution providing programmes / training).

During the pandemic, the rector (or head) lays down conditions for the teaching of classes and the use of the institution’s infrastructure which should ensure online safety for teaching staff and students or other learners. The rector also takes decisions on work arrangements for employees, taking into consideration the need to ensure the functioning of the institution, including the conduct of research activities.

Requirements for appointment

The legislation lays down only general requirements for rector; they do not include a formal qualification or experience in management. The position of rector of a public or non-public HEI may be taken by a person who:

• holds a higher education qualification;
• has full legal capacity;
• has full public rights;
• has not been convicted of an intentional offence or an intentional fiscal offence by a final court judgment;
• has not received a disciplinary penalty;
• did not work or do service in, or collaborate with, the state security services between 22 July 1944 and 31 July 1990.

Additionally, the rector of a public HEI is required to hold at least a doctoral degree and may not reach the age of 67 until the starting date of the term of office. The statutes of public and non-public HEIs may specify additional requirements.

The term of office of the rector of a public and non-public HEI is 4 years, and one person may perform the function for 2 consecutive terms.

The rector of a public HEI is elected by the electoral college, and candidates are put forward by the council after consultation with the senate. The composition and procedure for the election of college members, whose term of office is 4 years, are laid down in the statutes of an HEI. However, pursuant to the national legislation, students and doctoral students should represent at least 20% of college members, and the rector is elected by an absolute majority of votes.

The rector may be dismissed by the electoral college with at least a 3/4 majority of votes, and at least 2/3 of the college membership present. A motion to dismiss the rector may be submitted by the senate (a resolution adopted by at least 1/2 of its statutory membership) or the council (a resolution adopted with at least 1/2 of its membership present).

The rector of a non-public HEI is appointed by the founder or elected by an absolute majority of votes either by the senate or by another body identified in the statutes, after consultation with the senate. The rector is dismissed by the founder. Detailed procedures are laid down in the statutes of an HEI.

Where the activities of the rector of a public or non-public HEI are in contravention of the law, the Minister of Education and Science may submit a motion to dismiss the rector to the electoral college or another body who elected or appointed the rector and suspend the rector until the motion has been considered. In the case of gross or repeated violations of the law, the Minister may dismiss the rector after consultation with the General Council for Science and Higher Education (an elected representative body of the higher education and science sector) and the Conference of Rectors for a given type of HEIs. The rector is suspended by virtue of law if they are subject to criminal proceedings for an intentional offence or an intentional fiscal offence, initiated by pubic prosecution services.

Conditions of service

Pursuant to the legislation, a person taking office of the rector should be employed at a given HEI as the place of their primary employment on the starting date of the term at the latest. The employment-related responsibilities are performed by the chair of the council of the institution for the rector of a public HEI and by the founder for the rector of a non-public HEI.

The remuneration arrangements for the rector of a public HEI are laid down in the legislation. The salary includes the basic salary, a length-of-service allowance, and a function-related allowance (granted to staff who manage a team of at least 5 members, including the leader). The level of the basic salary and the function-related allowance for the rector are set by the Minister of Education and Science, based on a motion from the council of an HEI.

The basic salary of the rector may not be higher than 300% of the average basic salary set at a given HEI for the position (for example, professor, university professor or associate professor) which is held by the rector; this average amount is calculated based on the average salary for the calendar year preceding the year of the rector’s election.

The function-related allowance may not exceed 100% of the salary of a professor. The council of an HEI may also grant to the rector a task-related allowance for temporary extension of responsibilities or allocation of additional responsibilities, or due to the nature of work or working conditions. Its amount may not exceed 80% of the sum of the basic salary and the function-related allowance.

Pay arrangements for the rector of a non-public HEI are laid down in its internal regulations.

The higher education legislation does not address the issue of retirement for the rector or the retirement age for employees of an HEI. Employees of an HEI are subject to general legislation on retirement where the state pension age is at least 60 years for women and at least 65 years for men. As mentioned earlier, the rector of a public HEI may not reach the age of 67 until the starting date of their term of office.

Other management positions

The legislation does not specify management posts or appointment methods. Management posts and appointment and dismissal arrangements are laid down in the statutes of an HEI, and management staff are appointed and dismissed by the rector. However, where the remit of staff holding a management post includes student or doctoral student matters, the appointment should be agreed with the student or doctoral student self-government body respectively.

The legislation lays down only general requirements for management posts (which are similar to those for rector). Such a position may be taken by a person who:

• has full legal capacity;
• has full public rights;
• has not been convicted of an intentional offence or an intentional fiscal offence by a final court judgment;
• has not received a disciplinary penalty;
• did not work or do service in, or collaborate with, the state security services between 22 July 1944 and 31 July 1990.

The powers and responsibilities of staff holding a management post are laid down by internal regulations of an HEI. The rector adopts organisational regulations for an HEI which specify, among other things, the organisational structure of the HEI and the division of responsibilities within the structure, and establishes a detailed job description for staff holding a management post.

The legislation on higher education does not address the issue of retirement for staff holding a management post or the retirement age for employees of an HEI. Employees of an HEI are subject to general legislation on retirement where the state pension age is at least 60 years for women and at least 65 years for men.