Parameters and definitions
1 Is the university opposed to work for third parties?
No. Radboud University encourages its staff to be actively involved in society outside the university as well. For this reason, the university is certainly not dismissive of work for third parties, provided that 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 is 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 enrich research and education.
2 What frameworks apply within Radboud University in relation to work for third parties and additional earnings?
The Sectoral Scheme for Ancillary Activities, which is provided for in the Collective Labour Agreement of Dutch Universities, prevails. The university has opted for this scheme in its entirety. The Executive Board has adopted additional policy rules, namely:
- the ‘Work for Third Parties Policy Framework’
- general rules governing the protection and commercial exploitation of knowledge at Radboud University, Nijmegen, and UMC St Radboud;
- subordinate arrangements governing the allocation of income from patents covered by the general rules governing the protection and commercial exploitation of knowledge at Radboud University, Nijmegen, and UMC St Radboud;
- subordinate arrangements governing the establishment of and/or acquisition of participating interests in existing spin-off companies by the employees of, service providers to and other researchers at Radboud University, Nijmegen, covered by the general rules governing the protection and commercial exploitation of knowledge at Radboud University, Nijmegen, and UMC St Radboud.
Supplementary rules may apply locally where a faculty or central university unit has adopted additional policy as provided for in Article 5 of the Work for Third Parties Policy Framework.
The following also apply in relation to professors employed by Radboud university medical center:
- the UMC St Radboud Conflicts of Interests Code (pdf, 159 kB)
- the do’s and don’ts (pdf, 147 kB): annex to the UMC St Radboud Conflicts of Interests Code.
3 Are all activities that are not part of a job at the university considered work carried out for third parties?
Corresponds to Article 1 of the scheme.
Yes, all activities that are not part of a job at the university constitute work carried out for third parties, even if one’s primary duties are performed elsewhere. However, not all work carried out for third parties 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.
In this respect one might consider:
- the management of a sports club;
- work carried out for a political party;
- work carried out for a religious congregation;
- membership of a staff representation body or the management team of a primary or secondary school;
- work performed for an interest group which devotes itself to upholding the rights of a specific population group.
If you have any doubts as to whether work for third parties must be reported, please contact your immediate superior about this matter.
All other work carried out for third parties must indeed be reported. Examples of this are as follows:
- affiliation (in the capacity of a lawyer, notary, tax consultant or adviser) with a firm of lawyers, notaries, accountants or tax consultants;
- an advisory position (unpaid or otherwise) in a commercial organisation which develops practical applications;
- membership (unpaid or otherwise) of the supervisory board of an organisation (commercial or otherwise);
- membership of the executive or supervisory board of a professional association.
A position (managerial or otherwise) in a trade union constitutes a special secondary position. Such duties do not comprise part of those entrusted to one as part of a university position and will need to be performed during working hours while retaining entitlement to remuneration. For that reason, such a secondary position will have to be reported and permission is also required for it. An employer will almost always have to consent to it in accordance with the Radboud University Work for Third Parties Policy Framework, the collective labour agreement and the Dutch Civil Code.
4 What is understood by a person's ‘duties’?
Corresponds to Article 1 of the scheme.
A staff member’s duties are the tasks that have actually been permanently assigned, hence, those duties which an employer requires an employee to perform and not the manner in which an individual staff member carries out their duties. Based on a job description which sets out the relevant duties, a UFO profile also includes specific work, knowledge and skills. Input for this may be found in, amongst other things, a task or assignment recorded in writing, the wording of a job vacancy, arrangements made during an annual assessment interview which have been recorded in writing, an assessment which has been drawn up and the like.
Please see your supervisor if you have any questions about your duties or your UFO job profile.
The scheme also applies in relation to others who are involved (for example, someone who is not employed but who has been appointed to serve as a professor by special appointment). The duties of these persons include agreements made with them regarding specific tasks to be performed.
5 What is understood by ‘work carried out for third parties’?
Corresponds to Article 1 of the scheme.
In the case of everyone who has been appointed to serve at Radboud University ‘work for third parties’ includes all work that does not follow from their job description from Radboud University (and Radboud university medical center where applicable).
The following questions may be pertinent to professors and other academic personnel.
- Is participation in an academic committee or consultative body considered to be work carried out for third parties?
No, not automatically, as these are tasks that constitute part of your university duties. There can sometimes be ‘grey areas’, however, so in case of doubt it would be advisable to request permission, so that the relevant dean (in the case of academic staff) or manager (in the case of policy support staff) and the personnel department can help identify any potential risks with respect to conflicts of interest or academic integrity. If participation is not voluntary, this will be considered part of your job and not work carried out for third parties.
In any event, mention activities such as participation in committees or consultative bodies on your profile page.
- Is editing work (including as editor-in-chief) and reviewing articles considered to be work carried out for third parties?
No, not automatically, as these are tasks that constitute part of your university duties. However, there may sometimes be ‘grey areas’, so in case of doubt it would be advisable to request permission, so that the relevant dean (in the case of academic staff) or manager (in the case of policy support staff) and the personnel department can help identify any potential risks with respect to conflicts of interest or academic integrity. If participation is not voluntary, this will be considered part of your job and not work carried out for third parties. Mention activities such as editorial work on your profile page.
- Does work for third parties include writing articles for a newspaper, journal or the like, or providing a professional opinion on radio or television?
The UFO profiles of professors but also, for example, that of an associate professor or assistant professor include the duty of ‘presenting scientific knowledge and insights’. This includes the work mentioned above. As such, it constitutes work undertaken as part of one's duties and any income derived from it accrues to the university.
6 Does work carried out for other parties always constitute ‘work for third parties’ or can it also constitute part of one's university duties?
Work carried out for other parties may constitute part of one's university duties. Such work carried out for other parties as part of one's duties may include both work which is offered to other parties at cost-covering rates (such as third-party cash flow studies, extracurricular education and contract research) and work for which no remuneration is received (such as membership of an assessment committee).
It is preferable that such work for other parties be regulated in an agreement between Radboud University and such other party.
7 The scope of my work elsewhere exceeds my work at the university, so which activities are considered work carried out for third parties?
Corresponds to Article 1 of the scheme.
Work you perform elsewhere is considered work carried out for third parties. This means that you will require permission for this work and it must be listed on your profile page. This may seem counter-intuitive, since an appointment elsewhere will be your main activity. The requisite permission and publication are nevertheless essential for the purposes of safeguarding the university's academic integrity. In the case of these activities, you must comply with the provisions of the scheme and request permission where applicable, and these ancillary activities must be disclosed.
REPORTING AND PERMISSION
8 I will be employed by the university for a maximum of six months. Am I still obliged to report any work that I have carried out for third parties?
Corresponds to Article 6 of the scheme.
No, in order to avoid an unnecessary administrative workload for such a short period, work carried out for third parties does not need to be reported in principle unless the relevant work for third parties:
- may pose a risk to the academic, organisational and/or business interests of the university;
- may prevent one from performing one’s university duties properly and comprehensively;
- are detrimental to the institution’s reputation;
- may result in a conflict of interests in relation to one’s university work.
You yourself are responsible for making this decision. If in doubt, you are advised to contact your supervisor.
NB. Please ensure that, if your appointment is extended and this results in you being employed for longer than six months, you report your work for third parties on the date on which it is extended.
9 I receive no earnings for my work carried out for third parties. Am I still obliged to report such work?
Corresponds to Article 5 of the scheme.
No earnings do not automatically mean no obligation to report the work carried out for third parties. There are considerations besides money that may adversely affect the academic or other interests of the university or the proper performance of your job (e.g. excessive demands on your time).
For example, the incorporation of a legal entity or involvement as an administrator, supervisor or shareholder of another organisation may also constitute a reason for reporting to the university. After all, such an engagement may involve deferred remuneration or a possible conflict of interests
10 I have reported all work for third parties in Metis. Do I still have to report it?
Yes, you still have to report it. A report in Metis serves a specific purpose which bears no relation to reporting work for third parties to the university. Such reporting is not linked to university reporting and record-keeping (for the time being).
Academics record academic and/or public work for third parties in RIS or Metis especially for the purposes of SEP reports. Specifically, this involves secondary positions which contribute to the confirmation and acknowledgement of the quality of academic work.
11 I am not employed by the university. Am I obliged to report any work that I have carried out for third parties?
Corresponds to Article 2 of the scheme.
The scheme and hence the duty to report applies in relation to anyone who is affiliated to the university. In addition to everyone who is employed, this also pertains to:
- a person who is not party to an employment contract with the university but whom the executive board has appointed to serve as a professor (e.g. a professor by special appointment);
- any person in relation to whom the executive board has declared this scheme to be applicable.
In principle, this scheme also applies in the case of any professor employed by Radboud university medical center, although arrangements have been made with the latter in this respect (see Frequently Asked Question 13).
12 Am I required to report my work for third parties in my capacity as a professor by special appointment?
Corresponds to Article 2 of the scheme.
A professor by special appointment is not employed or appointed by the university. A professor by special appointment has a relationship of employment (an employment contract) with the organisation which has established the relevant chair. An appointment to serve as a professor by special appointment is one made by that organisation, albeit with the university's consent.
The university ‘sectoral scheme on work for third parties’ stipulates that a professor by special appointment must report any work carried out for third parties even if they are not party to an employment contract with the university. The reason for this is that, under the terms of the Higher Education and Research Act [Wet op het hoger onderwijs en wetenschappelijk onderzoek] (WHW), a professor by special appointment is responsible for education at a university. The WHW does not make provision for their research duties. Nevertheless, in practice a professor by special appointment bears responsibilities in relation to research, for example in the form of an educational assignment.
What constitutes work for third parties in the case of a professor by special appointment?
This refers to work carried out as part of the primary duties of a professor by special appointment and any other activities which are performed but do not constitute part of their educational assignment.
13 I am employed by Radboud university medical center but have been appointed to serve as an unpaid professor at Radboud University. Am I obliged to report any work that I have carried out for third parties?
Corresponds to Article 2 of the scheme.
In principle, this scheme also applies in the case of any professor employed by Radboud university medical center, although arrangements have been made with the latter in this respect (see Frequently Asked Question 11). Reporting and consent are routed through the Radboud university medical center management team, from which the information is passed on to be recorded by Radboud University and published as part of the relevant staff member's profile.
What constitutes work for third parties in the case of an unpaid medical professor?
All duties which do not follow from their description by the university and the university medical centre.
14 Do I always require permission for my work for third parties?
Corresponds to Articles 8 to 13 of the scheme.
Yes, permission is required in the case of all work for third parties which needs to be reported. In principle, permission will be given unless:
- the academic, organisational and/or business interests of the university could be harmed;
- such work prevents an employee from performing their duties at the university properly and comprehensively;
- such work is detrimental to the institution’s reputation;
- there is a conflict of interest (or the semblance of one) in relation to one’s university duties.
Permission may be granted subject to conditions.
15 What other conditions may be stipulated in relation to my work for third parties?
Corresponds to Article 12 of the scheme and Articles 4 to 6 of the Work for Third Parties Policy Framework.
If permission is granted (see Frequently Asked Question 14 for the criteria), additional conditions may be stipulated in this respect. Conditions that may be attached to the granting of permission include:
- a reduction of the scope of the employment contract;
- a reduction of one’s holiday leave;
- the period to which the permission applies;
- compensation to be paid to the university, if its facilities or capacity are in any way used for the performance of the work for third parties with its permission;
- the deduction of any additional earnings (or part of them).
16 I work part-time or at varying times. When does my work for third parties fall outside my working hours?
Corresponds to Article 5 of the sectoral scheme and Article 4 of the Work for Third Parties Policy Framework.
Here ‘working hours’ is deemed to refer to the number of hours that one is required to work on a weekly basis in accordance with one's employment contract.
17 How do I request permission for work carried out for third parties or changes to this work?
Corresponds to Articles 8 to 13 of the scheme.
You discuss with your supervisor the work for third parties that you are going to perform or the changes to such work (or aspects of it) that you are already performing. You must have this discussion before you commence the work or the changes occur. You may then officially report your work for third parties using the electronic registration form (part of your staff profile <link>);
You will indicate your consent to record-keeping and publication in the electronic form. The competent authority (usually the relevant dean or manager) will give their permission for the work for third parties which you have reported either subject to conditions not, or will decline to do so. Your immediate superior will be notified of your report first and will present advice to the competent authority. The competent authority is:
- the executive board in the case of a dean or any other member of a faculty board, the secretary of the executive board, the managing director of Radboud Services, and the directors of the Donders Institute and the Radboud Teachers Academy;
- the relevant dean in the case of 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.
You will receive electronic confirmation of this decision and it will be inserted in your staff file. An objection to this decision may be submitted in the usual manner.
When making its decision, the competent authority will arrange to receive advice from the immediate superior of the staff member requesting permission.
18 When a new member of staff commences employment, how does the reporting and permission procedure start?
During a selection procedure a supervisor is expected to ascertain and/or discuss the extent to which there is any question of work for third parties which could occasion difficulties.
When a new staff member is offered an employment agreement, they will be informed in an accompanying letter of their obligation to request permission for work carried out for third parties using the electronic registration form (part of the staff member's profile <link>). After this you will need to report any changes yourself.
19 May I arrange for someone else – for example, my secretary – to carry out my work for third parties?
You may do so but you will remain responsible for reporting it yourself. In this respect it is important that you yourself authorise it to be reported through your login.
20 I do lots of small jobs. Surely it is impossible to ask for permission every single time?
In the interests of safeguarding the university's academic integrity, it is essential that the academic community be as transparent as possible when reporting any work carried out for third parties. For this reason, it is essential that you seek permission for all work carried out for third parties, including minor jobs. Try to report such work as far in advance as possible and always keep your personal profile page up-to-date. If it is not possible to seek permission in advance owing to special circumstances beyond your control, it is essential that you report the work as soon as you can. If your request is rejected, you must cease working for this third party.
If you regularly give lectures and presentations which do not constitute part of your normal duties for the university (for example, because you do this outside your working hours and/or are separately remunerated for this), generally speaking you may request permission to give lectures (subject to conditions where necessary) without being required to report each one. When discussing your work for third parties during your annual assessment interview, you may then make a subsequent disclosure of the lectures which you have given.
21 Are positions in public administration permitted by the employer as work carried out for third parties?
Corresponds to Article 10 of the scheme.
The university will always grant permission for the performance of elected positions in public administration, such as on the municipal council for example. Taking up such positions is your democratic right. Nevertheless, these positions must be reported.
22 Do I need to discuss my work for third parties during my annual assessment interview?
Corresponds to Article 19 of the scheme.
Yes. Work for third parties constitutes a fixed item for discussion during the annual assessment interview with one’s superior. It is then that one may discuss whether any changes have occurred or are expected and if all information and arrangements are still current. New arrangements may be made if necessary.
A staff member is themself responsible for reporting any changes using the electronic form in the staff portal <link>.
23 I perform work for third parties for which I receive earnings. Do I need to report this to the university?
Corresponds to Article 14d of the scheme.
Yes, if you receive remuneration for your work for third parties, this work must be reported to the university. (Article 14 of the scheme.) Any potential compensation for work carried out for third parties which need not be reported constitutes an exception to this.
Additional earnings are also understood to mean deferred earnings (Article 3 of the sectoral scheme), such as shares and other financial interests. The primary objective of the duty to report is to identify possible conflicts of interest. It is not the case that reported additional earnings automatically accrue to the university.
24 Does any income from a participating interest in a spin-off also constitute additional earnings?
Corresponds to Articles 3 and 12a of the scheme.
Yes. Additional earnings are also understood to mean deferred earnings (Article 3 of the sectoral scheme), such as shares and other financial interests. The primary objective of the duty to report is to identify possible conflicts of interest. It is not the case that reported additional earnings automatically accrue to the university.
Radboud University has a separate procedure for spin-offs.
25 Which part of my additional earnings may I keep?
Corresponds to Article 12a of the scheme and Articles 4(2c), 5 and 6 of the Work for Third Parties Policy Framework.
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:
- their position at the university accounts for less than 50% of their total working hours1;
- their work for third parties bears limited relation to their work for the university or none at all;
- their gross additional earnings in a calendar year amount to the same or less than their gross monthly salary at the university.
There is a relationship between the ancillary activities and the university activities if the ancillary activities arise directly from the university appointment. This does not include activities that one may assume one would also have carried out without the university appointment.
If you use the facilities of Radboud University for your work for third parties, arrangements may be made for you to remit compensation in proportion to the facilities that you use.
Other rules may apply where a faculty or service has drawn up additional policy. Please consult your superior or the personnel department about this.
The Executive Pay Standardisation Act [Wet Normering Topinkomens] (WNT) applies in the case of the employment of directors at Radboud University. Radboud University calculates the standard every year. All additional earnings above the WNT standard are remitted. However, income from one’s own business is not covered by the WNT standard (unless it is an associated legal entity) and is therefore not included in the calculation.
1Their overall working hours at Radboud University and elsewhere.
26 May work for third parties be declined because of the amount of additional earnings involved?
The amount of additional earnings or compensation is not in itself a reason not to allow work for third parties. In each situation, one must examine whether its scope (in terms of time) prevents one from performing one’s university duties properly and comprehensively. Although the Working Hours Act [Arbeidstijdenwet] does not apply in the case of all positions, it does provide a good indication of responsible working hours: no more than 48 hours a week over 16 weeks.
Staff members may retain any additional earnings themselves if their university position accounts for less than 50% of their overall working hours, when their work for third parties bears limited relation to their university position, or their additional earnings in each calendar year do not exceed their gross monthly salary at the university. See also Question 25 in this respect.
Record-keeping and publication
27 May an employer maintain records of work carried out for third parties?
Corresponds to Articles 14 and 15 of the scheme.
Although an employer may do this, they must request a staff member’s consent to keep records of the latter’s work for third parties. Such consent may be requested once for various records which an employer needs to keep and in respect of which the relevant staff member’s consent is required in accordance with the GDPR.
28 Is it mandatory for me to publish my work for third parties in the staff portal?
Corresponds to Article 16 of the scheme.
Yes, for the purposes of transparency this is mandatory for professors, other academic personnel, and managers drawn from support and management staff. You may consent to this in the electronic form when reporting.
In special cases, an employer may provide an exemption from publication on compelling grounds (Article 15). You will need to request this yourself and cite reasons for it.
29 What is published as part of a staff member’s profile?
Corresponds to Article 16 of the scheme.
The disclosure of work carried out for third parties provides clarity about it for the outside world and contributes to the public’s confidence in academic independence and reliability. Only the name of the organisation(s) serving as a third party for which work is carried out and the nature of that work are rendered accessible in the system through the staff portal on the Radboud University website. As such, any income from work carried out for third parties is not published.
30 Whom may I approach if I still have any questions?
If you have doubts as to whether any work for third parties must be reported or questions concerning any additional conditions, your immediate superior is the first designated contact person.
If you have a procedural question, you may approach the secretary of the board of your faculty/ institute.