Ancillary activities regulations
At TU/e agreements have been made with full professors and other staff about informing management regarding ancillary activities. On the basis of clause 1.14 of the Netherlands Universities CLA, staff is obliged to officially report ancillary activities. In addition to this national regulation TU/e also has a TU/e specific agreement for her staff in place.
Additional agreements have been made with the Minister of Education, Culture and Science about the transparency of ancillary activities undertaken by full professors. As a result of this agreement all ancillary activities of TU/e’s full professors are listed on their personal detail page, which can be viewed in the TU/e employee database via ‘Search staff’. Each full professor is fully responsible for his or her data being up-to-date on the employee detail page.
TU/e takes the transparency of the ancillary activities in very seriously en has intensified the supervision on the ancillary activities. On a regular basis we examine the accuracy of the information displayed on the personal detail pages of TU/e staff. Furthermore the topic ancillary activities is a recurring component of the R&O annual reviews.
Pursuant to the conditions of the Netherlands Universities CLA, clause 1.14, employees are obliged to inform their employer of their ancillary activities before commencing them or on commencement of the employment contract. Ancillary activities may only be executed with the employer's permission. The aforementioned CLA condition provides the opportunity to set further rules; these regulations provide further elaboration on that point. These regulations include stipulations that support the Netherlands Scientific Practices Code of Conduct.
*For ease of reading, we have opted for the 'he' form. This can also be read as 'she'.
In general, the TU/e takes a positive attitude towards its employees executing ancillary activities. Ancillary activities, either executed in association with regular activities or not, can encourage a positive interaction between the TU/e and its social environment. Ancillary activities may, however, conflict with the interests of the TU/e. For that reason, the TU/e adheres to openness in respect of the discussion of ancillary activities between employees and managers.
Ancillary activities are tested in relation to the university function, any revenue and other university interests. Agreements are concluded in respect of the income from paid ancillary activities within the framework of the function. Ancillary activities should be declared beforehand to the manager (often the director of operational management or the head of department).
Data registered on ancillary activities (function, organisation, place, date of commencement, time involved, term of appointment, paid/unpaid) of scientists, members of the Executive Board, members of faculty boards and heads of department can be called up individually via the TU/e website.
The following terms have the following meanings in these regulations:
- Manager: the person charged with the mandate or sub-mandate in respect of personnel affairs.
- Direct superior: the person charged with the day-to-day management of the employee.
- Employee: the person with an employment contract with the university with the exception of trainee assistants.
- Ancillary activities: paid or unpaid activities and/or affiliations that could affect the interests of scientific practices and/or the university.
- Income: a monetary remuneration or other financial interest.
- Working hours: the working hours agreed in the employment contract.
The employer is obliged to declare his ancillary activities to his direct superior beforehand or prior to commencement of the employment contract. This declaration should include the following:
- a description of the ancillary activities and/or function
- the name of the organisation and the place where the activities are executed
- the date of commencing the ancillary activities
- the period in which the activities are executed and the appointment term
- an estimation of the amount of time involved in the activities and an indication of whether this is during or outside working hours
- whether there is any remuneration or other financial interest
The direct superior tests the declaration against the current and future proper, independent execution of the university activities and any income involved. The direct superior then advises the manager in respect of these aspects.
- Ancillary activities may only be executed with the employer's prior permission. Permission is granted for executing ancillary activities outside working hours, unless there are serious operational reasons not to.
- Agreements are concluded by the manager and the employee regarding income earned from ancillary activities during working hours. See explanation
The manager informs the direct superior of his proposed decision. If this deviates from the direct superior's advice, after hearing the employee he will enter into consultation with the direct superior to see whether they can come to a unanimous opinion.
The manager takes a final decision and informs the employee in writing within 10 days of having received the declaration of the (proposed) ancillary activities.
A positive decision by the manager is valid for the term of four years with the possibility of an extension. The employee should inform the manager of any changes in relation to the ancillary activities.
An objection to a decision by the manager can be lodged with the Executive Board pursuant to the General Administrative Law.
Appropriate disciplinary measures can be taken against members of personnel failing to comply with ancillary activities regulations, in accordance with what is defined in the Netherlands Universities CLA clause 6.12.
These regulations apply from 1 January 2007 and can be cited as "Regeling Nevenwerkzaamheden 2007".
Ancillary activities, examples:
Paid or unpaid activities and/or affiliations that could affect the interests of scientific practice and/or the university are considered to be ancillary activities. Some examples are:
- Functions such as supervisory director, advisor, investor, board member or partner of a partnership, foundation or association that is regularly in contact with the university or can come into contact with the university by virtue of its function
- Acting as a (guest) lecturer for third parties*
- Participating in a research project for third parties
- Fulfilling the function of advisor for an external organisation
Agreements will be made with the manager regarding any revenue earned from paid ancillary activities.
The following are NOT considered to be ancillary activities in the context of these regulations: All other paid or unpaid activities that, due to their nature or the time involved, bear no relation to the function or the employment contract, that clearly cannot affect the interests of the university and that are executed outside working hours.
*Here, we refer to situations such as providing a series of paid lectures for an organisation such as TIAS, not giving a one-off guest lecture at another university.
It is essential to declare ancillary activities to the manager and for the direct superior to discuss them with the employee for the transparency the TU/e aims for. In principle, the employee himself is responsible for assessing whether ancillary activities are permissible in his actual situation. To prevent arguments in retrospect regarding the accuracy of the consideration, it is necessary for the activities to be declared beforehand. This also prevents the necessity to either cease activities that have already been started or take other measures. Ancillary activities should be declared using a form (on commencing employment) or web page (for current employees).
Permission will be granted if the activities can be expected not to hinder the employee in the quantitative and qualitative execution of the function or harm the interests of scientific practice and/or the university. For employees working for a faculty, the dean must always examine the declaration before it is signed by the manager. Reasons for the prohibition of executing ancillary activities will be provided for each application and are open to objection and appeal.
Ancillary activities involving income
If there is any income from ancillary activities, further agreements are made by the manager and the employee establishing whom that income is due to (partly or entirely). Issues taken into account in this consideration can include: the relationship between the activities and the main activities, whether the activities take place (partly) during or outside working hours and how the level of the remuneration can be defined in relation to professional independence.
In principle, the remuneration for ancillary activities outside working hours is due to the employee, unless the knowledge and/or resources of the TU/e are used for these activities. If TU/e knowledge/resources are used for activities outside working hours, agreements are made by the manager and the employee regarding any income and/or cost distribution.
The subject of ancillary activities should be dealt with annually in the appraisal meeting between the employee and the direct superior, whereby the permitted activities should be tested for their effect on the qualitative and quantitative deployability of the employee within the TU/e. Any changes in the activities should be declared/discussed.
When these new regulations for ancillary activities are introduced those current activities for which explicit permission has been given earlier must be reviewed. In a number of cases, a new decision will be necessary in the context of the new evaluation. If this decision is not positive, a realistic term will be set for terminating the activities in question or bringing them in line with any new conditions.