Atypical work in academia through the eyes of the Court of Justice of the European union

Like in most sectors, atypical contracts are increasingly being used in academia. Unlike in other sectors, however, the combination of blended assignments (education, research and administration) with the flexible working time organisation brings additional burdens in ensuring that the use of atypical contracts does not lead to abuses or precarious conditions. In fact, this has been an increasingly problematic issue, leading to a considerable number of cases before the Court of Justice of the European Union on the application of the EU Directives on atypical employment in higher education. This contribution investigates the extent to which existing EU legislation can respond to some of these patterns. The focus lies on the use of atypical contracts, particularly fixed-term and part-time contracts, and how these have been interpreted by the CJEU. In doing so, it discusses the recent case law of the Court of Justice in cases involving atypical work in academia. It then considers whether the current framework is sufficiently adaptable to protect increasingly dynamic labour patterns in sectors like higher education.