WissZeitVG Commentary
a guest entry by Johannes Krämer (HeJu Spokesperson 2023)
What is the state of freedom of science and academia today? The idea of academic freedom dates back long ago, and in short, ascertains that academics can conduct and communicate their research or teach without the fear of repression, job loss, or imprisonment. However, job security and career perspectives have been found to be among the biggest drawbacks of scientific careers in Germany [1]. One important tool to regulate this within the German academic system is the Act on Fixed Term Employment Contracts in Academia (WissenschaftsZeitVertragsGesetz - WissZeitVG) [2].
The WissZeitVG regulates fixed term contracts. More precisely, it regulates the maximal duration one is allowed to be employed on a fixed term contract in academia. It does not regulate working hours, salaries, vacation days, etc. neither does it explicitly address working conditions, supervision of doctoral researchers, or project funding resources. It does not even regulate extensions, except defining an upper limit for the summed up contract time on fixed term contracts. So what’s all the fuss about if it’s “only about fixed-term contracts”?
Even though the WissZeitVG mainly regulates maximum contract duration, this regulation causes far-reaching consequences for the academic environment. It impacts the structure of research institutions, where a professor and a handful of researchers reside in those limited permanent positions, whereas a large number of postdoctoral researchers, staff scientists, lecturers, and doctoral researchers – the ones, who are performing major parts of the scientific and higher educational work – are employed with fixed term contracts. And yes, for doctoral researchers, this is easily comprehensible, since they work towards a clearly defined qualification goal in order to graduate and then move on to a new chapter of their career. But for postdoctoral researchers, no such clear qualification exists, and they simply gain experience in their field of work, hoping to land one of those rare permanent positions. But it’s not just the structure of working groups, departments, or institutes, the funding system is also tailored to the current constraints given by the WissZeitVG. If these were now changed and all fixed-term contracts for postdoctoral researches were removed instantaneously, this would result in a collapse of the system. There are not enough permanent positions available nowadays and no additional funds to increase these numbers. The other extreme – allowing only unlimited fixed-term contracts in academia – would risk that highly skilled employees remain in uncertainty for their whole working life, always in fear of losing their job and either need to relocate far away from their homes or not finding new employment due to being overqualified. Aspects that can have a negative impact on their productivity and well-being. These and many more aspects need to be taken into account, when discussing the WissZeitVG.
The evaluation of the WissZeitVG, published in 2022, has shown the need of an amendment to prevent precarious working conditions in academia [3]. Details on the poor functions and precarious conditions in the current system can also be found in the 2021 National Report on Junior Scholars (BuWiN) [4]. Too many chain contracts, the majority of people on fixed-term contracts, and over 85 % leaving academia within 10 years after graduation of their doctorate. The constant fear of losing one’s job or not being able to get a subsequent contract. Not being able to plan one’s career in the long term without depending on fortunate circumstances. Sinking into work in order to perform best in the next evaluation, and putting in countless hours of unpaid overtime to do so. All this makes academia a precarious field of work. Seeing that many doctoral researches still have the ambition to pursue an academic career [5], is at odds with the number of positions available. However, it also shows that researchers are genuinely eager to contribute to science and thus to the benefit of society**.**
The WissZeitVG needs to give prospects for those who stay in academia, “permanency” on fixed-term contracts may not be the answer to that. Making an academic career more predictable may make it more attractive to those groups, which are currently underrepresented. Females, first-gen academics, and all of those who cannot take the risk to spend many years in precarious conditions or who do not have the financial protection to bridge the time between contracts. On the other hand, leaving academia in a shorter period of time after graduation can be beneficial to proceed with a career outside of academia and gain required experiences there.
If we were able to resolve all questions around the WissZeitVG in a blog post, the ongoing political process of the amendment of the act would not have been as tedious as it is. Finding solutions to problems arising in complex systems is not an easy task: and academia with its heterogeneity is a very complex system indeed. Here, we can only try to illustrate some aspects related to the topic, which might help to find a common ground for further discussions on the law itself. More detailed information on the position of HeJu and other doctoral researcher networks, as well as many other employee representations and unions who came together in a strong alliance can be found in our joint statement [6].
No matter how the new amendment of the WissZeitVG will look like, it can only set the direction for what the academic environment will look like in the future. Many more steps have to be taken. The funding scheme needs to be adjusted accordingly. If fixed-term contracts are allowed for shorter periods, we need more permanent positions, thus, more funding for these types of positions is needed. Since it is unlikely that the total amount of money available for academia will grow strongly as funding remains limited, we need to optimize the selection of people for permanent positions, and accompany them during their careers, starting when they are already students and doctoral researchers. Other options, like the utilization of the regular fixed-term contract act (Teilzeit- und Befristungsgesetz, TzB) for postdoctoral researchers may be taken into account, in particular when being equipped with exceptional conditions as in the case of young investigator group leaders or similar positions. We might even need to reconsider how “permanent” permanent positions will be. A permanent contract in academia will no longer be understood as a contract for the entire working life. Changing jobs within academia, since permanent positions are no longer the rare win in the lottery, will become normal. Breaking the one-way job transitions from academia to industry - but (almost) never vice versa - will lead to a more dynamic setting where people change jobs and contribute a broader range of skills. Academia will be benefiting if it adapts to the new rules. In times of skilled workers shortage, we cannot risk losing the best educated. And we need to provide attractive conditions for internationals to shift the brain drain into a brain gain, which will eventually benefit many more areas beside the academic field.
Finally, no solution will meet all demands of all stakeholders, but we should not be afraid of substantial changes, if we want to truly improve the working conditions in academia. We shouldn’t make ill-advised decisions, and every possible adjustment of the WissZeitVG opens even more questions, which might need to be answered. Politicians have taken serious efforts to find a solution, which meets the expectations of employers and employees alike. We hope that they will continue to discuss with representatives of doctoral researchers, and listen to their advice as well as to the consultation of other parties involved.
One last point to keep in mind: The doctoral researchers, as well as Bachelor and Master students of today, are the first generation affected by the amendment of the WissZeitVG. They might be inexperienced in questions of funding schemes and contract details, but they know best how it feels to look into their own future.
Let’s create a bright future for those bright minds, so that their academic endeavors are free again and not overshadowed by the fear of the extension.
Resources:
[2] Gesetz über befristete Arbeitsverträge in der Wissenschaft
[3] Evaluation des novellierten Wissenschaftszeitvertragsgesetzes
[4] 2021 National Report on Junior Scholars