Preamble
The Radboud University has implemented the Sectoral Scheme for Ancillary Activities, which has come into effect as part of the Collective Labour Agreement for Dutch universities for 2016 to 2017. The scheme has been appended to this policy framework, and has a list of frequently asked questions pertaining to the sectoral scheme, which has been supplemented with situations specific to Radboud University.
Radboud University encourages its staff to be actively involved in society outside the university as well. It is for this reason that the university favours work for third parties, provided that it does not interfere with one’s normal work and it is regulated transparently. Dutch universities have the following three core tasks: to conduct research, to provide academic education and to create scientific knowledge of value to society. It is in this way that the universities contribute to the community. Collaboration between universities, and commercial and non-commercial civic organisations may be important for the purposes of the universities’ final core task, valorisation. In addition, contact between the practical and the academic in the form of work for third parties may improve research and education.
With regard to work carried out for third parties, the sectoral scheme provides a clear framework for reporting such work and granting permission for it. In principle, all work for third parties must be reported and the scheme sets out:
- the conditions subject to which a staff member may suffice with a statement to the effect that they do not carry out work for third parties which they have a duty to report;
- when work for third parties need not be reported;
- that permission is granted in principle after it has been reported, unless...;
- the conditions subject to which permission is granted.
The executive board has adopted the following policy and administrative rules for the purposes of implementing the sectoral scheme. The underlying principle is that work for third parties will be approached in a positive and transparent manner. This encourages one to act with integrity.
Article 1. Scope of the sectoral scheme on work for third parties
The sectoral scheme on work for third parties applies in relation to:
- the university’s employees (employed in accordance with the collective labour agreement);
- any person affiliated to the university in the absence of an employment contract whom the executive board has appointed to serve as a professor (such as a professor by special appointment or a professor who is party to an employment contract with Radboud university medical center).
Article 2. Reporting
- Only work for third parties related to one’s position needs to be reported. Work carried out for third parties that does not need to be reported is work which clearly bears no relation to the employee's work for the university, which is obviously not detrimental to the interests of the university and which cannot prevent one from performing all of one’s duties properly.
- Reporting work carried out for third parties also involves a request for permission addressed to one’s immediate superior. This occurs not only upon the commencement of one’s employment but also when accepting new work for third parties or making changes to such arrangements while employed.
- In general, regularly recurrent short-term work for third-parties (such as lectures which fall beyond the scope of one’s university duties) may be reported beforehand. If permission is granted, one need not report each occasion separately.
- One’s superior will forward a report along with a recommendation concerning permission to the person who is authorised to decide on whether or not to grant it.
Article 3. Permission for work for third parties
The following may grant (or deny) permission for the performance of work for third parties:
- the executive board in the case of deans and other members of a faculty board, the executive board secretary, the managing director of Radboud Services and the directors of the Donders Institute and Radboud Teachers Academy;
- the relevant dean in the case of the professors and all other staff within a faculty;
- the secretary of the executive board in the case of executive board office staff;
- the managing director of Radboud Services in the case of the latter's divisional managers;
- the divisional managers of Radboud Services in the case of the staff within their division;
- the directors of the Donders Institute and Radboud Teachers Academy in the case of all of the staff of the relevant unit.
Article 4. Terms and conditions
- The existing Subsidiary Scheme for the Establishment of and/or Investment in Existing Spin-off Businesses by the Employees, Service Providers and other Researchers of Radboud University, Nijmegen [Deelregeling voor het oprichten van en/of deelnemen in bestaande spin-off bedrijven door werknemers, opdrachtnemers en andere onderzoekers van de Radboud Universiteit Nijmegen] also applies and constitutes part of this policy framework.
- Article 12 of the sectoral scheme stipulates that permission may be granted for work carried out for third parties subject to conditions. The following guidelines will apply in the case of Radboud University:
a) work will be carried out for third parties outside one’s working hours or compensation will be provided for it in the form of leave;
b) where the university’s facilities are used for the purposes of work carried out for third parties, arrangements will be made as to whether compensation is to be paid to the university for this, the amount of which will be proportionate to the value of the facilities that are used;
c) the person concerned may keep any income from work carried out for third parties themself, provided that one or more of the following circumstances apply:
i. the relevant person’s position at the university accounts for less than 50% of their total working hours;
ii. the relevant persons work for third parties bears limited relation to their work for the university or none at all;
iii. their gross additional earnings in a calendar year amount to the same or less than their gross monthly salary at the university.
Article 5. Additional policy on the part of a faculty or central organisational unit
- A faculty or central organisational unit may draw up additional policy rules following consultation with the relevant representative council. Such additional policy rules will be commensurate with the sectoral scheme on work for third parties and this policy framework, and will not place restrictions on centralised frameworks.
- The relevant faculty or central unit will inform the executive board of such additional policy rules.
Article 6. Bespoke arrangements
- In individual cases, one may derogate from any terms and conditions or the additional policy referred to in Article 4 or 5 above, provided that supporting arguments are presented by both the relevant dean or manager and the person concerned as to why there are grounds for bespoke arrangements.
- The nature and scope of the work carried out for third parties as well as any additional earnings will be recorded electronically or in writing as part of such bespoke arrangements.
Article 7. Permission to keep records of work for third parties
The employment contract of any person concerned is governed by the collective labour agreement for Dutch universities. Records may be kept of any work carried out for third parties for the purposes of executing such employment contracts. Because not all of those concerned are party to an employment contract with the university or the collective labour agreement does not apply in relation to them, they will nevertheless have to indicate that they have consented to records being kept whenever they report work carried out for third parties.
Article 8. Publication of work carried out for third parties
For the purposes of transparency, the following persons concerned will mention the nature of the work that they carry out for third parties on their publicly accessible university profile pages along with the body for which they do so:
- professors;
- other academic staff;
- managers drawn from support and management staff.
Article 9. Radboud university medical center professors
- Any professor who is party to an employment contract with Radboud university medical center and whom the executive board has appointed to serve as a professor will comply with the applicable Radboud university medical center procedure for reporting and permitting work for third parties.
- The executive board will make arrangements with Radboud university medical center concerning the provision of any information which is required to disclose work carried out for third parties on the relevant professor’s university profile page.
Article 10. Evaluation
One year after this policy framework comes into effect, its application will be evaluated.
Article 11. Effective date and scope of application
This Radboud University Work for Third Parties Policy Framework will come into effect on 1 June 2020 and will apply in respect of all work for third parties which is reported or is subject to change as of that date.