In accordance with Article 209, section 10 of the Act on Higher Education and Science, which was also reflected in §34 of the Regulations of our doctoral school, a doctoral student at a doctoral school may not be employed as an academic teacher or researcher. This prohibition covers a contract of employment, a contract of mandate, a contract for specific work, as well as the provision of services on this account within the framework of economic activity.
The above prohibition shall not apply to the employment of a doctoral student:
- in order to implement a research project,
- following a successful mid-term evaluation,
- who is not entitled to a doctoral scholarship (concerning persons with a doctoral degree).
The Act does not prohibit doctoral students from taking up employment in any other capacity.
In the case of employing a doctoral student as an academic teacher or researcher after a mid-term evaluation at a rate exceeding half of the full-time employment, the amount of the doctoral scholarship shall be 40% of the amount of the scholarship normally due.
In addition, a new provision was introduced to the Law on Higher Education and Science, making the payment of the scholarship dependent on the amount of remuneration received in projects.
Pursuant to Article 209, section 1a of the Act, a doctoral scholarship shall not be granted to a doctoral student who receives remuneration of at least 150% of the amount of the doctoral scholarship for employment in connection with the implementation of a research project by the entity providing the doctoral school in which the doctoral student is studying, during the period of such employment. The provision of Article 209, section 1a shall not apply to doctoral students who were employed in connection with the implementation of a research project before 21 September 2021.
This means that a doctoral student who is employed (full-time position, civil law contract or business activity) in a research project and who on that account receives remuneration (remuneration due from all such research projects is taken into account) amounting to at least 150% of the normal amount of a doctoral scholarship (i.e., the base amount plus an increase due to the year of education, but without any increase due to disability) is not entitled to the scholarship. Obviously, only contracts concluded as of 21 September 2021 are involved, and salary verification will take place on a monthly basis.
The amount of (total) remuneration in the projects that will result in discontinuation of the doctoral scholarship (1st, 2nd, 3rd, 4th year from 21.09.2021) will vary depending on the stage and year of education.
Table 1 Scholarship (pdf, 131.84kB)Doctoral students employed after the mid-term evaluation ((3rd and 4th year) in the position of a researcher or academic teacher (within or outside the project), more than half-time (1/2 time) may receive a doctoral scholarship in the amount of max. 40% of its normal amount, provided that they are not employed in the project(s) with a salary of 150% of the amount of the a.m. scholarship or more. The amount of the scholarship in such a case is:
Table 2 scholarship (pdf, 134.56kB)By virtue of the amendments to the Law on Higher Education and Science Act by the Act of July 28, 2023 amending the Teacher's Charter Act and certain other acts (Journal of Laws 2023, item 1672), as of October 1, 2023, the prohibition on employing doctoral students at the doctoral school as academic teachers or research staff is no longer in effect (Article 209, paragraph 10 has been repealed, and the related Article 203, paragraph 1, item 5 has been amended). Nor does the law prohibit doctoral students from taking up employment in any other capacity.
In addition, the provision making the doctoral scholarship payment contingent on the amount of salary received has been changed and is now not limited to projects, but only refers to the form of this employment.
In accordance with the new wording of Article 209, paragraph 1a of the Law on Higher Education and Science (acronym PSWiN) as of 1.10.2023:
“A doctoral scholarship shall not be awarded to a doctoral student whose training at a doctoral school involves the obligation to be employed by the entity conducting the doctoral school:
1) under an employment contract;
2) with salary that exceeds that of a professor".
In connection with the amendment of the provision of Article 209, paragraph 1a of the Law on Higher Education and Science, the lack of a clear rationale for the amendments, the as yet uneducated jurisprudence and doctrinal positions, the position published on the government website on doctoral schools (https://www.gov.pl/web/edukacja-i-nauka/stypendium-doktoranckie in Polish only, we can provide you with a Google translation) should be taken into account when applying the amended provision.
According to its contents, it reads:
"A doctoral scholarship is not awarded to a doctoral student
- who holds a doctoral degree;
- a doctoral student who has already received a doctoral scholarship at doctoral schools for a total period of 4 years (this period does not include the period of suspension of education and the period of education at a doctoral school in the case referred to in Article 206, paragraph 2 of the Law - Law on Higher Education and Science);
- a doctoral student whose training in a doctoral school involves an obligation to be employed under an employment contract in an entity conducting a doctoral school with a salary whose monthly salary exceeds the minimum monthly salary of a professor.
The amendment was introduced by the Act of July 28, 2023 amending the Teacher's Charter Act and certain other acts (Journal of Laws item 1672) Article 13, point 15(a). It should be emphasized that the prerequisites indicated in points 1 and 2 of the provision of Article 209, paragraph 1a (as amended as of October 1, 2023), despite their graphic separation by a semicolon, should be applied together, since the intention of the legislator was to maintain the exemption regarding the receipt of a doctoral scholarship only with respect to those doctoral students who, for reasons beyond the control of the entity running the doctoral school, must be employed under a contract of employment upon admission to the school and at the same time receive a salary in excess of that of a professor.
The adopted interpretation is that a doctoral scholarship will not be received by a doctoral student whose:
- training in a doctoral school is associated with the obligation to be employed in the entity running the doctoral school
- on the basis of an employment contract with a salary whose monthly amount exceeds the minimum monthly salary of a professor (currently PLN 7,210.00 gross)
The doctoral scholarship is not subject to income tax. Instead, doctoral students studying at doctoral schools and receiving a doctoral scholarship are covered by old-age pension, disability pension and accident insurance. Sickness insurance is voluntary.
A doctoral student may apply for a student loan. The provisions on student loans apply accordingly, except that: the loan may be granted to a doctoral student who has not reached the age of 35; the loan is granted for the period of training at the doctoral school only once, for no more than 4 years".
With the above in mind, it is not impossible that the application of the amended provision 209 point 1a of the PSWiN is yet to be developed in practice, in view of the emerging court case law, as well as doctrinal comments.
No less, in view of the above-mentioned clarifications published on government websites indicating the direction of interpretation of this change, it should not be a mistake to follow its contents.