This essay analyses the nature of university teachers' employment relationship which is exclusively governed by special laws and administrative acts, being excluded collective agreements. The analysis of university teachers' activity if taken as a starting point. This activity has an influence upon almost all the other aspects of employment relationship and therefore it gives the possibility to consider also the current general role of university teachers qualification. Examining the way how university teachers actually do their work, it can be noticed that the present normative is inadequate, being based on an old university model. In addition, it is far from the current university organisation, which is more and more characterised by autonomy and self-government. The author believes that the evident contradiction between law and reality should suggest to change university teachers legal position, maybe through the use of the instrument of collective bargaining.