Amendments Hochschulgesetz (university law of North Rhine Westphalia)
The Hochschulgesetz NRW (HG NRW, Law on the Universities of the State of North Rhine Westphalia) is currently in the process of being amended. Although this amendment through the so-called Hochschulstärkungsgesetz (Higher Education Strengthening Act) has not yet been completed, we would like to draw your attention to the amendment of paragraph 44, which has already been completed and is relevant for universities.
HG §44: New definition of “scientific staff” ("Wissenschaftliche Mitarbeiterinnen und Mitarbeiter")
The amendment to §44 was adopted by the state parliament on 19 December 2024 - separately from the general amendment process - and has been in force since 1 January 2025. It concerns the assignment of academic employees at universities. As already stated in the circular, staff at universities and university hospitals are generally divided into “academic staff” and “technical and administrative staff”. The adopted new §44(1) has a different orientation than was previously the case (see circular 2025/09):
„Employees were previously classified as academic staff based on the fact that they needed a higher education degree in order to perform their role and that their job was based in a department, a research unit or a central operating unit. However, the nature of an employee’s duties now exerts more influence on this classification than it used to.“
Scientific staff is now defined as employees “who, in accordance with their employment relationship, are required to provide formatively [prägend] scientific services in research, teaching (especially if they have a teaching obligation), and patient care or who, as doctors, are responsible for patient care tasks.” These “significant academic services”, can be augmented by “activity in the administration of academic institutions or operating units, in the organization of studies and examinations, in student advisory services and in other tasks of the university”. (HG §44 bzw. Beschlossenes Gesetz, page 11 no. 5.)
The changes to the new definition of scientific employees mean that an indeterminate number of scientific employees could be assigned to technical and administrative staff in the future. This has an impact on being representated by either of the two staff councils at Bonn University, but also on the composition of university committees and, for example, appointment committees. The members currently in office are protected in their status for the duration (HG §84).
We assume that all employment relationships that are eligible for a change in classification based on their job description will be examined individually.
If you have any questions or require assistance in the course of these changes, please do not hesitate to contact us.
Further links
- Gesetz über die Hochschulen des Landes Nordrhein-Westfalen (Hochschulgesetz - HG) (Law on the Universities of the State of North Rhine-Westphalia, up to date version).
- Anhörung Landtag (Hearing Landtag) and Beratungsverlauf (consultation procedure). Here, for example, you will find all the comments submitted.
- Circular 2025/09.