Collective Labour Agreement for Dutch Universities 1 January 2020 - 31 December 2020 Collective Labour Agreement COLOPHON for Dutch Universities Title: Collective Labour Agreement for Dutch Universities, 1 January 2020 - 31 December 2020 The Hague: VSNU, 2020, 132 pages including appendices Association of Universities in the Netherlands (VSNU) Lange Houtstraat 2 PO Box 13739 2501 ES The Hague T +31 (0)70 302 14 00 F +31 (0)70 302 14 95 E [email protected] www.vsnu.nl © 2020: VSNU Version June 2020 This publication has been produced with the utmost care. Even so, the authors, editors and publisher disclaim all liability for any errors and inaccuracies. Save for the exceptions provided for in the Copyright Act 1912, no part of this publication may be reproduced, stored in a database or retrieval system, or published in any form, without prior permission from the VSNU. The texts of the collective labour agreement and of the corresponding regulations, and the references to current websites, can also be found on the VSNU website (www.vsnu.nl). This translation of the Collective Labour Agreement for Dutch Universities from 1 January 2020 through 31 December 2020 is meant as a service to non-Dutch-speaking employees of said universities. However, in case of a difference of interpretation, this translation cannot be used for legal purposes. In those cases, the Dutch text of the cao Nederlandse Universiteiten 1 januari 2019 tot en met 31 december 2020 is binding. Illustration: Getty Images Design: Haagsblauw 1 January 2020 - 31 December 2020 2 Collective Labour Agreement Dutch Universities January 2020 - 31 December 2020 Contents Parties to and nature of the collective labour agreement 7 Appendix A Financial terms of employment Preamble 8 1 December 2019 to 31 December 2020 77 Section 1 Salary development 78 Chapter 1 General clauses 9 Section 2 Year-end bonus 78 Section 1 Definitions and obligations 10 Section 3 Percentages and amounts of employees’ insurances and Section 2 Obligations of the employer and the employee 14 pensions 79 Section 3 Intellectual property rights 17 Section 4 Salary tables 80 Chapter 2 The employment contract 19 Appendix B Former schemes, including former senior staff policy 83 Chapter 3 Remuneration 27 Section 1 No longer applicable 84 Section 1 General 28 Section 2 Transitional allowances 85 Section 2 Bonuses and compensation 32 Section 3 Life-course savings scheme transitional arrangement 87 Section 3 Allowances for unusual working hours 34 Section 4 2006 Senior staff scheme transitional arrangement 88 Chapter 4 Working hours, holidays and leave 37 Appendix C Consultation Protocol 90 Section 1 Working hours 38 Appendix D Facilities for employees’ organisations 95 Section 2 Holidays 40 Section 3 Leave other than holidays 42 Appendix E Studies and other agreements 98 Section 4 Parental leave on continued payment of wages 44 Section 1 Studies 99 Section 5 Other leave, including sabbatical leave 46 Section 2 Other agreements 101 Chapter 5 Individual choices model 48 Appendix F Schematic overview of working week under vitality pact 105 Chapter 6 Staff policy 53 Appendix G Possible effects of flexible working hours 107 Section 1 The employment contract and staff policy instruments 54 Section 2 Vitality pact scheme 59 Appendix H Regulation on disputes 109 Section 1 Collective disputes 110 Chapter 7 Pensions, social security and social services 62 Section 2 Individual disputes 112 Chapter 8 Termination of the employment contract 65 Appendix I CLA followers 113 Chapter 9 Reorganisations 68 Appendix J Miscellaneous 115 Section 1 Reorganisation 69 Section 2 Social policy framework within reorganisations 70 Appendix K Mobility allowance 117 Chapter 10 Final provisions 74 Appendix L Mobility and long-term employability 119 Section 1 Student assistants 75 Section 2 Medical/clinical academic staff 76 Appendix M More career prospects and job security for junior lecturers Section 3 General 76 and post-doctoral researchers 123 Parties to and nature of the collective labour agreement The parties to this collective labour agreement are: The Association of Universities in the Netherlands, acting in its capacity as an association on behalf of the universities and the employee organisations listed below: FNV AC/FBZ CNV Overheid, part of CNV Connectief AOb all acting in their capacity as associations exercising the full legal rights of staff. The parties hereby declare that they signed a collective labour agreement on 5 June 2020. As such, they have agreed to a collective labour agreement on employment conditions effective from 1 January 2020 up to and including 31 December 2020, the text (including the appendices) of which reads as given below. This collective labour agreement replaces the current collective labour agreement for Dutch Universities 2019–2020 as from 5 June 2020. The Collective Labour Agreement for Dutch Universities is intended to implement the provisions in Section 4.5 of the Higher Education and Academic Research Act (WHW), insofar as agreed at the industry level, and applies to universities as a collective labour agreement within the meaning of the Collective Labour Agreement Act. This collective labour agreement is a standard collective labour agreement explicitly indicating when and to which extent additional interpretations may be given at the institutional level. 6 Collective Labour Agreement Dutch Universities January 2020 - 31 December 2020 Collective Labour Agreement Dutch Universities January 2020 - 31 December 2020 7 Preamble Exceptional times Chapter 1 The parties acknowledge that the collective labour agreement for 2020 was reached at a time of exceptional circumstances. The effects of the coronavirus pandemic have had a dramatic impact on society as a whole. Universities are facing profound changes to what General clauses was previously normal university practice. Where the university used to be a forum for academic debate, its research, education and business operations now take place remotely. Academic education has rapidly moved from on-campus lectures and seminars to remote digital learning. While research continues as much as possible from home, it cannot be denied that there are significant challenges with regard to research and education in laboratories as well as practical training. Many of the supporting activities are also carried out from home. This situation is very demanding for our staff and requires maximum flexibility to ensure that academic activity can continue. High-quality academic research and education have never been more important than in these challenging times. At this moment, the parties are committed to realising a collective labour agreement that expresses appreciation for the efforts and commitment of our employees. The parties have agreed to curtail the negotiation procedure for the collective labour agreement and reach agreement on a limited number of provisions, incorporating this into the collective labour agreement. In this light, an exceptional agreement has been made, which expresses the solidarity and involvement with regard to university staff on temporary contracts in particular. The parties will set aside 0.45% of the pay bargaining range once only for the occasional funding of problems arising from costs incurred as a result of COVID-19 issues. Other issues requiring our ongoing attention are the previously made agreements on work pressure, mobility and long-term employability, more career prospects and job security for junior lecturers as well as post-doctoral researchers, the Vitality Pact and arranged jobs during reorganisations. 8 Collective Labour Agreement Dutch Universities January 2020 - 31 December 2020 Section 1 Definitions and obligations r. Remuneration: the sum of the salary and the bonuses the employee is entitled to pursuant to the provisions in Articles 3.12, paragraph 2, 3.13, 3.14, 3.17, or Article 1.1 Definitions and abbreviations the bonus pursuant to the provisions in Articles 3.15, 3.24 to 3.26 unless it is 1. Definitions established in advance that the bonus is granted for less than one year; a. Universities: the universities in Leiden, Groningen, Amsterdam, Utrecht, Delft, s. Position: the compilation of duties to be performed by the employee pursuant to Wageningen, Eindhoven, Enschede, Rotterdam, Maastricht, Nijmegen, Tilburg, and in accordance with what he has been assigned to do by the employer; VU University Amsterdam and the Open University of the Netherlands in Heerlen; t. Academic staff (wp): members of staff whose respective jobs are classified under b. Institution: the university; the Education and Research job family of the job classification system; c. Foundation: the Catholic University of Brabant Foundation in Tilburg, the Catholic u. Doctoral candidate: staff in the employment of the university whose job is University Foundation in Nijmegen or the VU Foundation in Amsterdam. The classified in the doctoral candidate job profile in the Education and Research job Radboud University in Nijmegen and the Radboud University Medical Centre family of the job classification system; (Radboudumc) form part of the Catholic University Foundation legal entity. v. Support and management staff (obp): members of staff not belonging to the With regard to the applicability of this collective labour agreement (cao) on an academic staff category, including student assistants; institutional level, Radboud University is the employer; w. Medical specialist: a doctor of medicine who, according to the register of the d. Employees’ organisations:
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