Interim regulations for adaptation to the LOU (Organic Law of Universities)

Approved by the Governing Body on 23/07/07.

Act 4/2007, dated 12th April, modifying Organic Law 6/2001, dated 21st December, related to Universities, introduces a set of modifications within the university system, which affect the University of Vigo Statutes.

The LOU, in its eighth additional provision, gives universities a three year period to adapt their statutes to the new regulation and allows governing bodies to approve the applicable norms to bring into effect the provisions established therein.

The Governing Body, under this provision, has provisionally proceeded to adapt certain precepts of the Regulations related to establishing departments, electing deans and directors of the centres, board members of the centres, and regulations of the internal regime of the Governing Body and Teaching Staff, in order to guarantee legal compliance with the LOU.

Moreover, the University of Vigo Statutes are also affected by implications derived from the entry into force of Organic Law 3/2007, dated 22nd March, related to effective equality between men and women. Therefore, bearing in mind that the reform of the Statutes will take some time, the Governing Body has proceeded to also pass a general provision that intends to obtain a balanced presence of men and women in the several University bodies and commissions.

All of these provisions are provisional and shall remain in force until modification of the University Statutes and the corresponding regulations.

Consequently, the Governing Body has agreed to approve the following modifications:

Interim rules for adaptation to the LOU 

1.- Departments:

Regulation for establishing departments:

Replace paragraph one of section 1, of article 18 of the Regulation for establishing departments (section 25 LOU) by:

The Director of the department shall be elected by the Department Board from amongst permanent PhD teaching staff members, as follows:

2.- Centres:

2.1.- Rules for electing deans and directors of centres:

1.- Replace article 1 of the rules (section 7 LOU) by:

In accordance with the provisions of articles 50, 51, 52, 55, 56 and 65 of the Vigo Statutes, the present rule shall regulate the election of deans and directors of faculties and schools.

2.- Replace article 3 of the rules (section 24 LOU) by:

The dean or director shall be elected by the Board of the Centre from amongst the permanent teaching staff of the University, who are attached to their respective centre.

3.- Replace article 12 of the rules (section 24 LOU):

At faculties and schools, after counting of votes has been finalised, the candidate that obtains absolute majority from the voters present shall be declared as elected. If such majority vote is not obtained, then a second ballot session will be held, in which the candidate who obtains the most number of votes shall be declared as elected. In case there is just the one sole candidate, then such candidate should obtain more votes in favour of his/her candidacy than against.

2.2.- Rules for electing members:

1.- Replace article 2 of the rules by:

1. The Board of the Centre is the collegial body to represent and decide about the centre. It will be comprised of the dean or director, who presides over it, and of the following members:

a) The Dean's or Director's team;

b) All permanent teaching staff at the University, who shall make up 51% of the Board of the Centre;

c) Representation of the non-permanent teaching and research staff at the University, who shall make up 9% of the Board of the Centre. In any case, at least 80% of the representatives shall correspond to full-time teaching and research staff;

d) Representation of students, who shall make up 30% of the Board;

e) Representation of the administrative and services staff, who shall make up 10% of the Board.

2. Members elected to the Board of the Centre, shall be renewed every two years.

3.- Governing Body:

Internal regime Regulations of the Governing Body:

Replace paragraph c) by article 3 of the internal regime Regulations of the Governing Body:

c) Of the twenty members elected by the Senate, ten shall represent teaching and research staff, eight shall represent permanent PhD staff of the University, eight shall represent students and two shall represent administration and services staff.

4.- General provisions:

In compliance of Act 3/2007, dated 22nd March, related to effective equality appointments between men and women to responsibility positions made by the Vice-Chancellor, an attempt shall be made to ensure a balanced presence of men and women, save in those cases where it is not possible for well founded objective reasons and motives.

Deans and directors shall ensure a balanced presence of men and women when appointing deputy vice-chancellors, centre sub-directors and departmental secretaries, except in cases where it is not possible because of well founded objective reasons and motives. A balanced composition of men and women shall likewise be established in collegial governing bodies, save when such were not possible for well founded objective reasons and motives.

A balanced composition of men and women shall likewise be established in the several commissions, save when such are not possible for well founded objective reasons and motives.

5.- Teaching staff. Teaching staff regulations:

1.- Replace paragraph b) of article 1 of Regulations related to teaching staff “assistant lecturer”.

2.- Replace section 4 of article 3 of the Regulations:

4. The sum total hours of contracted teaching and research staff calculated as an equivalence of full time contract hours shall not surpass 49% of total teaching and research staff hours. Staff who teach courses that do not lead to official titles shall not be computed as contracted staff and neither will staff belonging to University linked research institutes. When computing the said percentage, associate lecturers working through agreements between the universities and sanitary institutions shall likewise not be taken into account. Teaching and research staff under temporary work contract shall not exceed 40% of the total teaching staff.

3.- Replace article 4 of the Regulations:

1. The University shall be able to contract full time assistant lecturers who comply with requisites in valid legislation, for a period of not less than one year and not more than five years. Such contract may be renewed or prolonged for a period that is less than the maximum period, as long as the sum total of the contract period does not exceed five years. Situations arising from temporary disability, maternity and adoption or fosterage motives during the contract period shall not be taken into account when computing the contract term.

2. Activity of assistant lecturers shall be destined towards their practical teaching and research training, up to a maximum of 60 hours annually, and this should be included in the teaching planning schedule of the corresponding departments.

4.- Replace article 5 of the Regulations:

1. The University shall be able to contract full-time PhD teaching assistant lecturers, amongst candidates who comply with requisites in valid legislation, for a period of not less than one year and not more than five years. Such contract may be renewed or prolonged for a period that is less than the maximum period, as long as the sum total of the contract period does not exceed five years. In any case, the total joint time period between the assistant lecturer contract and PhD assistant lecturer contract, at the same or different university, shall not exceed eight years. Situations arising from temporary disability, maternity and adoption or fosterage motives during the contract period shall not be taken into account when computing the contract term.

2. Hiring of PhD assistant lecturers shall require a prior positive evaluation from the Galician Agency for Quality of the Galician University System, or from the National Agency for Quality Evaluation and Accreditation, or any other evaluation body that the laws of the regional government deem fit, as long as there is an agreement or accord with the Galician regional government, where the preferential merit of the candidate shall be stays at well known universities and research centres, either in Spain or abroad, other than stays at the University of Vigo.

3. The objective of the contract is to carry out teaching and research tasks.

4. The PhD assistant lecturer shall have a teaching dedication similar to that of full-time teaching staff and shall appear in the teaching planning schedules of the corresponding departments.

5.- Eliminate article 6 of the Regulations (related to assistant lecturers).

6.- Replace sections 1 and 3 from article 7 of the Regulations:

1. The University of Vigo, may hire on an indefinite basis and through a selection process, PhD lecturers who fulfil the requirements of the legislation in force.

3. Contracted PhD lecturers shall carry out their teaching and research tasks on a full-time basis.

7.- Replace sections 1 and 2 from article 8 of the Regulations:

1. The University of Vigo may contract, on a part-time basis, associate lecturers amongst well known specialist who practice their profession outside the university academic field. The objective of the contract is to carry out teaching activity in order to share their professional knowledge and experience with the University.

2. Associate lecturers shall have a temporary contract for three, six or twelve months periods, renewable for same lengths of time, as long as the candidate provides proof of carrying out professional activity outside the scope of university academia, as per requisites established in the legislation referring to the labour and Social Security regimes and other applicable rules.

8.- Eliminate reference to “assistant lecturer” at section 2 of article 10 of the Regulations.

9.- Replace section 1 of article 11 of the Regulations:

1. The University of Vigo may confer the status of professor emeritus to retired professors who had provided outstanding teaching and research services to the University.

10.- Replace article 14 of the Regulations:

1. University civil servants teaching staff shall be selected from amongst national professors and tenured lecturers, through the initiative of the University of Vigo, via a staff selection process called for by the Vice-Chancellor, after its approval by the Governing Body. The said staff shall have the condition of civil servant linked to the University through a labour relationship.

2. Names of positions to be filled in through the selection process held amongst accredited persons shall necessarily be for the fields of knowledge that appear in the corresponding official catalogue, and for the sector to which they belong.

3. Job selection commissions shall be approved by the Governing Body, upon proposal of the departments, and will be made up of five members from the field of knowledge. If they are not from the same field of knowledge, then they will be selected from similar fields of knowledge, however their job category should be the same or higher than the position being advertised.

4. The Governing Body of the University of Vigo shall regulate selection process announcement procedures referred to in item 1 herein, through the rule that regulates selection processes amongst accredited candidates.

11.- Replace the term “qualified” by “accredited” in article 15 of the Regulations.

12.- Eliminate section 4 of article 17 of the Regulations.

13.- Replace section 1 of article 23 of the Regulations:

1.- Work dedication shall normally be full-time, both for permanent and contracted teaching and research staff at the University of Vigo, working under a labour regime, except in the case of associate lecturers, where it will be established by the legislation in force. Full-time lecturers can, upon request, work on a part-time basis, save when legislation establishes that they must work full-time. In any case, the University shall give priority to full-time dedication.

14.- Replace section 1 of article 27 of the Regulations:

1. Retirement of university teaching civil servants shall take place according to valid law.

Addition to Regulations: 

Additional provisions:

First. After the LOU comes into effect, and by prior request sent to the Vice-Chancellor, PhD Professor civil servants at the University Schools may become incorporated as tenured University lecturers, for the same positions they occupy. They shall also maintain all rights and their employment start date as in the earlier job position. Persons that do not put in such request shall remain in their present situation and shall preserve their full teaching and research capacity. They are likewise eligible to apply for obtaining accreditation for university professorship as established in the LOU.

Second. For access of university college tenured lecturers to the position of university tenured lecturer, only those persons in possession of a PhD degree or who obtain one at a later stage and accredit the same at the time of entry into force of the LOU, shall directly be eligible for access to the post of university tenured lecturer.

Persons who do obtain the university tenured lecturer condition shall remain in their present situation and shall preserve their full teaching and research capacity.

The university may announce job selection processes for tenured lecturers at the university colleges as long as there are lecturers at the university colleges who are qualified for this position but are not qualified to hold a higher position.

Third. Persons considered to be qualified according to LOU 6/2001, shall be in possession of the pertinent accreditation.

Persons who are qualified for university school professorship shall also be considered to be qualified for university tenured lectureship.

Temporary provisions:

First. Up to one year after the completion of the last qualifying tests, the University of Vigo may decide to announce a selection process for university professor and university tenured lecturer posts amongst qualified candidates, and this shall be communicated to the General Secretary for University Coordination, in compliance with section 62 of Universities' Organic Law 6/2001, dated 21st December and associated rules which will be deemed enforceable to that effect.

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