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Ancillary activities (nevenwerkzaamheden)

It regularly happens that a University of Twente employee carries out ancillary activities. The University of Twente supports this. Ancillary activities can contribute to employees’ professional development, and strengthen the ties between the University and local businesses and organizations. Moreover, the University of Twente aims to boost and promote business activity in the region and ancillary activities are an excellent way of contributing to this goal. 

  • What are ancillary activities?

    The definition of ancillary activities used by the University of Twente is all paid and unpaid work that you perform that is not part of your job at the University. Examples include an employment contract with another employer, supervisory board membership or an advisory role for an external organization, activities for start-ups or as an entrepreneur or other type of independent professional.

    Non-business ancillary activities that in no way affect the University of Twente’s interests, do not need to be reported. Examples include a board position at your child’s school or sports club.

    Management positions and advisory positions that are directly linked to your University of Twente position are not considered ancillary activities. This also applies to activities in the context of contract research or contract education in which the University of Twente is a partner, and that are subject to your employment with the UT. These activities are part of your job at the University of Twente. Activities such as participation in a scientific committee or consultative body, editorial work and reviewing articles are generally not considered ancillary activities. Neither are lectures and other ad hoc work you do in the context of your employment with the UT for third parties. It is sufficient to make working agreements with your supervisor in writing regarding these activities.

  • Reporting ancillary activities

    If you would like to start or continue to perform ancillary activities, you should always ask permission. The scope of your employment with the University of Twente and the scope of your ancillary activities are irrelevant. You must also always report changes in ancillary activities.

    You can request permission by registering your ancillary activities via MyHR AFAS – My HR – Personal Details – Ancillary Activities. If you have any doubts about whether an activity could be considered an ancillary activity, then you are advised to report it.

  • Spin-offs

    If you intend to set up a spin-off company and/or you want to participate in an existing spin-off company, then you must always report this through MyHR AFAS – My HR – Personal Details – Ancillary Activities. In order to assess how the spin-off activities relate to your position at the University of Twente, clear agreements need to be made for spin-off activities. These agreements vary depending on the spin-off company’s development stage. This is why you should always review 'The explanatory notes' before reporting your activities for a spin-off company.

    • The explanatory notes: reporting ancillary activities with regard to spin-off companies

      Definition

      Spin-off company: a company that is largely based on knowledge or technology acquired at the university.

      Reporting

      When a staff member intends to (co-) establish a spin-off company and / or to participate in an existing spin-off company, he is obliged to report this to the university. There is a duty to report in all cases where there is actual or legal control over the spin-off (management function, shares, etc.), but also for example with an option contract or management function.

      In order to assess how the ancillary activities for a spin-off relate to the university position and the interests of the UT, in this phase the superior and staff member must make clear arrangements. These arrangements are laid down in a document that is part of the report on ancillary activities via MyHR AFAS – My HR – Personal Details – Ancillary Activities. The arrangements contain the following subjects:

      • Separation of activities and responsibilities;
      • Time spent;
      • Use of university resources and the costs involved;
      • Intellectual property;
      • Positioning/profiling of the spin-off (including the intended products and services);
      • Any supplier-client relationship with the UT;
      • Consequences for the employment relationship;
      • Timetable of the spin-off process;
      • Periodical evaluations;
      • Consequences for colleagues within the own department. 

      Permission

      If you intend to set up a spin-off company and/or you want to participate in an existing spin-off company, then you must always report this through MyHR AFAS – My HR – Personal Details – Ancillary Activities and ask for permission from the competent body. You will likely receive permission unless the spin off activities have an adverse effect on your performance in your position at the University of Twente and/or are detrimental to the university’s interests. Universitiy’s interests are in any case understood to mean the criteria of the sectoral scheme covering ancillary activities referred to in Article 11.

      Further information

      A spin-off process roughly follows 5 phases:

      • Research phase: identification commercialisable research results.
      • Evaluation phase: assessment of feasibility, decision-making and protection of rights.
      • Pre-start-up phase: planning process and acquisition of resources.
      • Start-up phase: transfer of intellectual property rights and actual start spin-off.
      • Growth phase: business development and product development.

      Each spin-off process is characterised by its own dynamics. For this reason it is impossible to establish the boundaries in advance.
      The competent body will decide on a case-by-case basis having carefully considered the interest and the room the UT can and is willing to give to the staff member. The diagram below serves as a guideline for this. 

       

      Duration

      Time spent in relation to employment at UT

      Use of university resources

      Supplier- client relationship with UT

      Research phase

      Depends on assessment superior

      Activities are part of the university position

      Permitted

      N.a.

      Evaluation phase

      Depends on assessment superior

      Activities are part of the university position

      Permitted

      N.a.

      Pre start-up phase

      Depends on assessment superior

      Activities are part of the university position

      Permitted

      N.a.

      Start-up phase

      Maximum 1 year.

      Extension possible provided university position and activities for spin-off can be properly separated.

      Taking up leave, unpaid leave or (temporary) reduction of working hours

      At integral cost price

      Possible, provided there exists a strict separation of tasks and responsibilities

      Growth phase

      Maximum 1 year.

      Extension possible provided university position and activities for spin-off can be properly separated.

      Reduction of working hours, if necessary arrangements on

      termination of employment

      At integral cost price

      Possible, provided there exists a strict separation of tasks and responsibilities

    You will likely receive permission to conduct ancillary activities that do not have an adverse effect on your performance in your position at the University of Twente and that are not detrimental to the university’s interests. This permission can be requested for a maximum of four years. If you would like to continue these ancillary activities after this time, then you will need to request permission again. You can only request permanent permission for ancillary activities if your main employment is elsewhere.

  • Ancillary activities of professors

    Society demands transparency and integrity from organizations in the public domain. The University of Twente aims to meet these demands. It has been agreed with the Ministry of Education, Culture and Science and the VSNU Association of Universities in the Netherlands that the UT will provide external parties with insight into ancillary activities for which permission has been granted. This concerns information about the nature of the ancillary activities and the institution for which this work is being performed. All professors should also include their ancillary activities on their profile page. Ancillary activities for which permission has been granted are automatically shown on the people pages of the University of Twente.

  • Inventory of ancillary activities

    Because of the great value we place on integrity and transparency, even if you are not carrying out any ancillary activities, we would like to request that you make an annual confirmation of the current state of your ancillary activities registration. As soon as you receive a task in your workflow for the "Statement Ancillary Activities", you can confirm this via MyHR AFAS.

    During your annual performance appraisal, you and your manager will discuss if the agreements reached regarding ancillary activities are still up-to-date and sufficient or if they need to be adjusted.

  • Rules and procedures

    You can read the rules for ancillary activities in the Sectoral scheme covering ancillary activities. These regulations apply to all Dutch universities.

FREQUENTLY ASKED QUESTIONS

If you have any questions about reporting ancillary activities or would like to find out what ancillary activities are, then please check to see if your question is included in the FAQ below.

  • Are all activities that are not part of a job at the university considered work carried out for third parties?

    Yes, all activities that are not part of a job at the university are considered work carried out for third parties. 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 that clearly has no relation to the employee's work for the university and that is obviously not detrimental to the interests of the university and; 

    • that does not threaten the effective and full performance of the employee's university duties and 
    • that is performed outside working hours, and 
    • for which no payment of any kind is received.   

    Such work may include a membership to an amateur sport club board or school board. If you are unsure whether certain work carried out for third parties should be reported, please contact your superior.  

  • What is understood by a person's ‘position or duties’?

    The tasks and activities that you are expected to perform as an employee are based on the duties assigned to you by the employer. Your classification in the job profile of the University Job Classification System (UFO) is derived from this. Please see your supervisor or the HR-adviser of you faculty or department if you have any questions about your duties or your UFO job profile. The scheme also applies to specific people who are not employed with the University: e.g. a professor occupying an endowed chair The duties of these persons include agreements made with them regarding specific tasks to be performed.   

  • What is understood by ‘work carried out for third parties’ ?

    Is participation in an academic committee or consultative body considered to be work carried out for third parties? 

     Not automatically, as these are tasks that fall under your university duties. There can sometimes be ‘grey areas’, however, so in case of doubt it would be advisable to request permission anyway so that the Dean (for academic staff) or Director (for support and administrative staff), possibly supported by HR, can help identify any potential risks with respect to conflicts of interest or academic integrity. If participation is assigned to you, this shall be considered part of your job in any way and not work carried out for third parties. In any event, ensure that activities such as participation in committees or consultative bodies are mentioned on your publicly accessible web page.  

    Is editing work (including as editor-in-chief) and reviewing articles considered to be an ancillary activity?  

    Not automatically, as these are tasks that fall under your university duties. There can sometimes be ‘grey areas’, however, so in case of doubt it would be advisable to request permission anyway so that the Dean (for academic staff) or Director (for support and administrative staff) supported by HR, can help identify any potential risks with respect to conflicts of interest or academic integrity. If this work is assigned to you, this shall be considered part of your job in any way and not work carried out for third parties. In any event, ensure that activities such as editing work are mentioned on your publicly accessible web page.  

  • The scope of my work elsewhere exceeds my work at the university, so which activities are considered work carried out for third parties?

    Work you perform elsewhere is considered work carried out for third parties. This means that you will require permission for this work and (if you are a professor) it must be mentioned on your publicly accessible web page. This may seem counter-intuitive since an appointment elsewhere will be your main activity. Permission and disclosure are essential for safeguarding the academic integrity of the university. For these activities, you must comply with the provisions in the scheme and request permission, if applicable, and these ancillary activities must be disclosed. If you are a professor, the kind of you ancillary activities and the organization you work for will be showed automatically on people pages.

  • I will be employed by the university for a maximum of six months; am I still obliged to report my work carried out for third parties?

    No. In order to avoid unnecessarily burdening parties engaged for such a short period, work carried out for third parties does not need to be reported in principle (unless the university has specified otherwise) except where the activities involved: 

    • pose a risk to the academic, organisational and/or business interests of the university or;
    • form an obstacle to the effective and the complete performance of the employee in question's duties at the university or; 
    • are detrimental to the reputation of the institution or; 
    • can result in a conflict of interests with the university.   

    You yourself are responsible for making this decision. If in doubt, you are advised to contact your supervisor or university contact person.   

  • I receive no earnings for my work carried out for third parties. Am I still obliged to report such work?

    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 person or being engaged as an administrator, supervisor or shareholder of another organization may also warrant reporting to the university as such an engagement may involve a deferred remuneration or a possible conflict of interests.   

  • How do I request permission for work carried out for third parties or changes to this work?

    You request permission and report work carried out for third parties by using MyHR AFAS – My HR – Personal Details – Ancillary Activities.

    The procedure is as follows: You discuss with your supervisor the work for third parties that you are going to perform or the changes to (aspects of) the work for third parties that you are already performing. You must have this discussion before you commence the work or the changes occur. You then report your work carried out for third parties via MyHR AFAS – My HR – Personal Details – Ancillary Activities. Your supervisor advises on your report. The competent authority will either grant or refuse permission for the work carried out for third parties that you have reported or the competent authority will grant conditional permission. This decision will be stored in your personnel file. In the situation where you disagree about this decision you must discuss this with your manager. If the dispute continues, you can start a formal disputes procedure.

  • How does the approval procedure start for new staff members?

    During the last stage of the selection procedure (when parties also endeavor to reach agreement on the employment conditions), managers are expected to investigate whether the candidate performs any potentially problematic work for third parties. Making the new staff member aware that the ancillary activities have to be reported via MyHR AFAS – My HR – Personal Details – Ancillary Activities at the start of their employment is part of the intake or the employment conditions interview.

  • I do lots of small jobs, surely it's impossible to ask for permission every single time?

    In the interest of safeguarding the university's academic integrity, it is essential that you 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 publicly accessible web 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 the work for third parties. 

  • Are positions in public administration permitted by the employer as work carried out for third parties?

    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.   

  • I perform work for third parties for which I receive earnings; do I need to report this to the university?

    Yes, if you receive remuneration for your work for third parties, this work must be reported to the university. (Article 14 of the scheme.) Additional earnings are also understood to mean deferred earnings (Article 3), 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 benefit the university.   Earnings, including additional earnings, can be divided into three categories. Depending on the category, earnings may accrue to the employer, to you or be divided:

    • Earnings that are not related to your position at the university accrue to you.
    • Earnings that are directly related to your position at the university, and for which work is performed during working hours, accrue to the university.
    • Earnings that indirectly arise from your position at the university may be fully or partially added to the budget of the department or accrue to the employee in question following consultation with the employee in question, at the employer's discretion. This shall be specified further in the conditions for granting permission to perform work for third parties.  Agreements about which earnings and how much earnings will be added to the budget of the department or accrue to you and in what way this happens will be made in writing and included in your personnel file.

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