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According to the Statute of the VU, contracts with such employees can be concluded for a maximum period of three years.
According to the CC, without establishing the criteria according to which it is decided to enter into fixed-term employment contracts with teachers over 65, the provision of the VU Statute is declared unconstitutional.
The CC ruling also establishes that the establishment of the maximum age limit up to which researchers and professors can work in a higher education institution should not be considered in itself as discrimination on the grounds of age prohibited by the Constitution.
According to the resolution, such a provision pursues a constitutionally important objective: to ensure the quality of higher education by guaranteeing a constant and optimal rotation of researchers and professors, in order to encourage highly qualified younger researchers and professors to work in higher education. .
The Vilnius Regional Court requested the CC to restrict the employment of teachers over 65, as set out in the VU statute.
He asked to investigate whether the provision of the Vilnius University Statute that “professors and researchers (artists) over 65 years of age can work at the University if the Senate approves the conclusion of a fixed-term employment contract with them for a period no more than 3 years ”is not in conflict with the Constitution.
The University Statute also establishes that said agreement can be extended once by decision of the Senate.
The Vilnius Regional Court noted that the possibility of teaching at the VU for the elderly is related only to the age of 65, regardless of whether the indicated age has a significant impact on their professional abilities and due to that age the employee cannot continue winery office.
This court is hearing a termination case against VU. The former chief investigator went to court claiming that he had been fired for age discrimination. It requests that the order of the Rector of Vilnius University of July 5, 2018 be declared illegal and returned to work.
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