Exceptional temporary employment as contractual member of scientific staff

(Using this link you can return to the overview article on the new policy for scientific staff)

Below you can find information on the following subjects:

What is expected of a member of staff in this position?

These are contractual members of scientific staff formally belonging to group 3 but exceptionally with temporary employment. There are three different types of this exceptional temporary employment:

  • A one-off fixed-term labour contract in the context of a project of maximum 2 years. The starting and end date of this one-off contract are to coincide with the starting and end date of the project. So this project in itself can also have no longer duration than 2 years. Otherwise such fixed-term contract is not possible and a permanent contract needs to be given.
    In principle these will be externally funded research projects (including possible short projects acquired through a call from BOF or IOF). Exceptionally it can also be short research on own UGent funding on condition that the well-motivated request is granted by a central commission specially set up for this. This commission consists of the two university administrators and the director of the Personnel department as voting members, and the directors of the departements of Educational affairs and Research affairs as advisory members. A commission member that is too narrowly linked to a request for this type of fixed-term contract (e.g. because it is a recruitment in his or her department) of course will not be involved in judging the said request.
  • A so called replacement contract for temporarily replacing an absent member of scientific staff in group 3, an absent member of assisting academic staff, or an absent teacher, for a duration of maximum 2 years. Here is meant a replacement in case of maternity leave, long-term sick leave, so called thematic leave (= parental leave, leave for medical assistance of a family member, leave for palliative care for another person, or Flemish Care Leave)., or when taking a research sabbatical.
  • A permanent labour contract with a clause of maximum duration of maximum 2 years in case of a so called “bridging mandate”. These are staff members preparing an application for an individual mandate (e.g. BOF scholarship, FWO postdoctoral mandate, …) and to whom the budget holder decides to offer a contractual employment pending the said individual mandate that could be obtained. Such a temporary “bridging” can be offered for a period of maximum 2 years.

Contractual members of scientific staff in one of the above situations may or may not have a doctoral title, depending on the requirements of the specific position. E.g. a “bridging mandate” will be a staff member without a doctoral title.

These members of staff are entitled during their employment to participate to all courses, forms of training and coaching that are being provided by UGent to her employees.

(to table of contents)

Recruitment

In case of a one-off fixed-term contract for a project of maximum 2 years (as described above under “What is expected of a member of staff in this position?”) the general rule applies that recruitment is only possible through a public vacancy, in order to give everyone the possibility to apply for such a position. However there is a limited deviation from the normal procedure for a public vacancy as in this case there is no separate round for candidates in implacement or internal UGent-candidates. This vacancy is made public immediately so candidates in implacement, internal UGent-candidates and external candidates apply at the same time. This different approach has been requested by university management for reasons of time-saving, and is understandable as usually few to no internal candidates are to be expected for a temporary position of maximum 2 years.

Apart from this the recruitment through public vacancy follows the same procedure as for the recruitment of contractual members of scientific staff in group 3 with a permanent contract without a clause of maximum duration:

  • The vacancy is made public during at least 7 calendar days.
  • The budget holder is responsible for the selection among the candidates who have submitted their application. The budget holder determines the procedure and guarantees objective appreciation and equal treatment of all candidates. The budget holder will give a short written motivation (as part of the recruitment proposal) on the selected candidate to the department of personnel and organization.

In case of replacement contract or a bridging mandate (both as described above under "What is expected of a member of staff in this position?") a public vacancy is not obligatory. In this case the budget holder can simply propose a candidate.

(to table of contents)

Type of contract and duration of the employment

This differs depending on the type of temporary position in group 3 (as described above under "What is expected of a member of staff in this position?"). Following three situations are possible:

  • A one-off fixed-term labour contract in the context of a project of maximum 2 years related to a project of also maximum 2 years.
  • A replacement contract for temporarily replacing an absent member of scientific staff in group 3, an absent member of assisting academic staff, or an absent teacher, for a duration of maximum 2 years. If the replacement extends beyond 2 years the replacing staff member will be offered a permanent labour contract without clause of maximum duration.
  • A permanent labour contract with a clause of maximum duration of maximum 2 years in case of a bridging mandate. This means that already from the start there is an agreement on when at the latest legal notice will be given to end the employment. This type of employment will be ended after maximum 2 years (also see further, under "Only possible reasons to end the employment").

(to table of contents)

Percentage of employment

Contractual members of scientific staff in an exceptional temporary employment in group 3 (as described above under "What is expected of a member of staff in this position?") can have a full time or a part time employment.

(to table of contents)

Salary and seniority

Also exceptional temporary contractual members of scientific staff in group 3 receive a salary following the salary scales WM1 to WM4 or PD1 to PD4 depending on whether they have a doctoral title or not. (Please note: the salary scale PD5 that is mentioned on this page is no longer being granted.)

In general the exceptional temporary contractual member of scientific staff in group 3 will be recruited in the starting scale (WM1 or PD1). As an exception a higher salary scale can be granted at the moment of recruitment, on motivated proposal by the budget holder and based on the acquired experience, the past professional career and the proven acquired competences. This previously acquired experience is only taken into account as far as it can be considered as directly relevant and useful for the specific assignment as member of scientific staff.

Within this salary scale granted at recruitment one will receive the salary corresponding with the so-called pecuniary seniority that has also been granted.

This pecuniary seniority granted at the moment of recruitment is calculated on the previous periods of employment. The following forms of employment are elegible for this calculation:

  1. Automatically
    • Periods as (doctor-)assistant, as scholarship holder, as holder of a mandate from FWO, IWT, IWONL, … or as mandate holder from another comparable institution for scientific research recognised by the Flemish Government.
    • Periods of employment in another statute at a Flemish university as far as it concerns a position comprising scientiifc activities. Taks of practice-related eduction are also taken into account.
    • Periods of formally permitted scientific activities as volunteer at a university within the Flemish Community.
  2. On condition that the activities involved are demonstrable and are deemed sufficiently relevant at the moment of recruitment by UGent:
    • Periods of employment at a university outside Flandres, or at another Belgian or foreign scientific institution as far as it concerns a position comprising scientiifc activities and as far as the university authorities recognise these activities as such.
    • Periods of demonstrable scientific activities at a university college of the Flemish Community, on condition that they are deemed relevant.
    • Periods of demonstrable other (scientific) activities at a Belgian of foreign company or knowledge institution, on condition that they are deemed relevant.

Please note: the above periods of previous employment are only fully taken into account for the pecuniary seniority when it concerns an employment of at least 50%. When the employment was less than 50%, then only half of this period is taken into account. E.g. two years of 40% employment (deemed relevant) at a R&D department of a company will be taken into account as 1 year of pecuniar seniority at the moment of recruitment by UGent.
However: employment as contractual scientific staff at UGent, before as well as after the start of the new policy, will always be taken into account for their full duration, regardless of employment percentage, to calculate the pecuniary seniority. So in this case no difference is made between employment of more or less than 50%. E.g. two years of 40% employment as contractual scientific staff at UGent will be taken into account as two years of pecuniary seniority.

The pecuniary seniority is expressed in years and full calendar months. The start of pecuniary seniority after recruitment by UGent is always on the first of a calendar month. If employment by UGent does not start at the beginning of a month, than seniority will be counted starting the first of the next month.

(to table of contents)

Career

For temporary contractual members of scientific staff in group 3 in principle the same career rules apply as for contractual members of scientific staff with a permanent contract without clause of maximum duration. In reality, due to the short duration of their employment they will not receive any salary scale increases. However, because of the correction of salary scale on April 1st 2019 (see further on), which also applies to them, the career rules are explained in detail below.

Contractual members of scientific staff in group 3 having a positive evaluation (= "good" of "very good") (see further) receive a periodical increase in salary scale. Depending on whether this member of scientific staff has a doctoral title or not this will be in the salary scales PD1 to PD4 (with doctoral title) or the salary scales WM1 to WM4 (without doctoral title). In case of positive evaluations this career path is as follows:

Salary scale WM (+ equivalent) When does one receive this salary scale
WM1 (= assistant) starting scale
WM2 (= doctor-assistant) after 6y in WM1 (*)
WM3 (= assistant professor first scale) after 4y in WM2
WM4 (= assistant professor second scale) after 4y in WM3

(*) pecuniary seniority is preserved when passing from WM1 to WM2 (see further)

Salary scale PD (+ equivalent) When does one receive this salary scale
PD1 (= doctor-assistant) starting scale
PD2 (= assistant professor first scale) after 4y in PD1 (*)
PD3 (= assistant professor second scale) after 4y in PD2
PD4 (= associate professor first scale) after 4y in PD3

When passing from one salary scale to the next the number of years of pecuniary seniority is not preserved except for the passage from WM1 to WM2. Instead one will receive in the new salary scale the immediately higher salary as compared to the last salary this staff member has received in the previous scale. This approach is the same as for an increase in salary scale in the career path of a professor.
E.g. a member of scientific staff receiving a salary in salary scale PD3 and having a pecuniary seniority of 13y (= 38.849,32 euro without index) when passing to salary scalee PD4 will receive te “step” linked to the immediately higher salary amount. In this case this is a salary of 39.145,77 euro (without index), linked to the steps 6 to 8 of salary scale PD4.
The exact step is chosen in such a way that the time needed to grow to the next higher salary based on pecuniary seniority (= the “vertical” evolution in the salary scale) remains the same as in the previous salary scale. In the previous example this means that the employee will receive a salary in step 7 of salary scale PD4. At step 7 two years remain for the next increase in salary (i.c. 41.590,72 euro without index), while in the salary scale PD3 there would also have been a salary increase after two years (i.c. 40.997,89 euro without index, on step 15).

For members of scientific staff in group 3 obtaining a doctoral title in the course of their employment there are specific rules how they pass from a WM career path to a PD career path. In this case the following happens:

  • If the member of scientific staff receives a salary in salary scale WM1 at the moment of obtaining the doctoral title, then he or she will receive from that moment on (= starting the first of the calendar month following public defence) a salary in salary scale PD1 while preserving pecuniary seniority. E.g. a member of scientific staff in WM1 on step 6 (= 26.824,80 euro without index) will then go to PD1 on step 6 (= 32.425,95 euro without index). After 4 years in PD1 he or she will go to PD2 (provided having positive evaluations), and so on.
  • If the member of scientific staff receives a salary in a different salary scale of WM (= WM2, WM3 or WM4) at the moment of obtaining the doctoral title, then he or she will receive from that moment on (= starting the first of the calendar month following public defence) a salary in the salary scale of PD that in salary amount is the equivalent (e.g. WM3 = PD2; see equivalency in the tables above), while preserving pecuniary seniority as well as the remaining time for an increase to the next salary scale (as financially the new PD-scale is exactly the same as the scale one previously had in WM). So there is absolutely no change to the salary one receives nor to the future carreer path except at the end of the new career path one receives the possibility to pas to salary scale PD4, which is higher than WM4. E.g. a member of scientific staff in WM2 on step 10 (= 35.004,21 euro without index) will pass to PD1 on step 10 (= 35.004,21 euro without index). If this employee at that moment had two years remaining before passing to WM3 (provided positive evaluations) then he or she under the same conditions will pass to PD2 within two years.

Please note: at the moment of conversion to the new staff policy for the existing members of scientific staff at UGent on April 1st 2019 where needed the salary scale will be corrected based on the passed career and according to the career rules of the new scientific staff regulations. E.g. who on April 1st 2019 has already been employed during 10 years as member of contractual scientific staff without doctoral title and still receives a salary in salary scale WM1 will from that moment on receive a salary in salary scale WM3 (= WM1 + 6y = WM2 + 4y = WM3). However it has been guaranteed that nobody will receive a lower salary scale than he or she already has at the moment of conversion, regardless of the result of the application of the rules mentioned above.

Should the existing contract of a contractual member of scientific staff on April 1st 2019 be converted to one of the exceptional temporary positions (as described above under "What is expected of a member of staff in this position?") then this staff member will also receive a correction in salary scale if applicable, like all other contractual members of scientific staff!

(to table of contents)

Supplementary pension

During the period of employment as exceptional temporary scientific staff member in group 3 with a labour contract supplementary pension rights are being granted following the supplementary pension plan that has been implemented since 2016 for members of administrative and technical staff with a labour contract.

This means that UGent will pay a monthly contribution to a specially designated pension fund. The amount of this additional contribution is calculated as a percentage of the salary paid to the employee. This percentage depends on the specific seniority eligible for the supplementary pension of the staff member involved. This contribution will then be capitalised in the pension fund (and so will generate interest) following the rules of the supplementary pension plan.

At the moment of retirement the total amount of supplementary pension that will have been accumulated this way will be paid to the beneficiary. Depending on the amount and the choice of the beneficiary this supplementary pension can be paid at once, or as a monthly allowance.

Please note: for people who were employed as contractual scientific staff member at UGent on January 1st 2019 (and who did not have a permanent contract through which they would already have been a beneficiary of the old supplementary pension plan) UGent will retroactively pay contributions to the supplementary pension fund for all periods as contractual scientific staff at UGent starting from January 1st 2016.

(to table of contents)

Only possible reasons to end the employment

A) Functional reasons

A.1. Dismissal after a negative evaluation

Evaluation after recruitment

Additional information: Twelve months after recruitment a first evaluation is organized. This evalution is made by the budget holder and consists of a concise evaluation report and a motivated conclusion as “very good”, “good”, “below expectations” or “insufficient”. Should the staff member disagree on the final conclusion of the evaluation, then he or she can appeal to an appeal committee within a delay of 7 calendar days after having formally received the evaluation report (see below, under "Evaluation during the carreer").

As part of this evaluation procedure there is a compulsory feedback moment between budget holder and scientific staff member half way the evaluation period of 12 months. Should there be any negative remarks on the functioning of the scientific staff member then a written report of the feedback moment is obligatory. Without such a report the functioning of the scientific staff member is deemed to be good.

In case of a final conclusion “insufficient” (= “onvoldoende”) after 12 months (c.q. when confirmed after appeal) the employment will be ended by decision of the Board of Directors (“Bestuurscollege”) after a legal notice period.

Evaluation during the carreer

For the member of contractual scientific staff in group 3 there is no recurrent evaluation moment. an evaluation will be organized every two years. However a feedback conversation needs to be held between staff member and budget holder at least once a year. These conversations are intended as a moment of reflection, individual coaching en career guidance for the scientific staff member involved, aiming to further improve the work and the achievements. A written report of this feedback conversation is made if the scientific staff member or the budget holder request this.

Should a serious problem arise in the functioning of the said member of scientific staff then at that moment a formal feedback conversation is organized (with written report) during which the staff member is made aware of those serious shortcomings. Also at that moment, and in consultation with the department of Personnel, starts a remediation process, spanning a period of 6 months after which a formal evaluation is organized. This evalution is made by the budget holder and consists of a concise evaluation report and a motivated conclusion as “very good”, “good”, “below expectations” or “insufficient”.

In case of a final conclusion “insufficient” (= “onvoldoende”) the remediation process is extended with 9 months after which a new evaluation is organized. If the conclusion of the new evaluation is again “insufficient” (= “onvoldoende”), the employment will be ended by decision of the Board of Directors (“Bestuurscollege”) after a legal notice period.

Please note: periods of abscence for reason of maternity leave, sickness longer than 10 working days or so called thematic leave (= parental leave, leave for medical assistance of a family member, leave for palliative care for another person, or Flemish Care Leave) will suspend the remediation process.

The evaluation report is formally handed over by the budget holder to the staff member within 14 calendar days. Should the staff member disagree on the final conclusion of the evaluation, then he or she can appeal to an appeal committee within a delay of 7 calendar days after having formally received the evaluation report.

The appeal committee consists of a chairperson (a professor), one committee member from each representative trade union (ACOD, ACV, VSOA), and an equal nimber of committee members representing university management among whom there will be at least one member of contractual scientific staff.

The appeal committee will at least hear the staff member and the budget holder, and will also ask advice from the department chair, of from the dean of the faculty should the department chair be the same person as the budget holder. After this the appeal committee will give a motivated advice on the final conclusion of the evaluation within 6 weeks after appeal has been filed. Finally this advice is submitted to the board of directors (“Bestuurscollege”) that will take a motivated decision.

A.2. Dismissal following disciplinary action

After serious disciplinary offences dismissal can be imposed as a disciplinary action. The specific regulations for the disciplinary procedures still have to be negotiated with the trade unions. However these regulations will at least provide a prior written notice of the offences one is accused of, a prior hearing, and a possibility for appeal.

B) Other reasons, specific for each type of temporary employment

B.1. One-off fixed-term contract for a project of maximum 2 years

The employment is terminated on the end date as mentioned in the labour contract. There is no legal notice.

B.2. Replacement contract

The employment is terminated on rfeturn of the staff member one is replacing. In this case there is no legal notice.

Please note: when a replacement extends beyond 2 years a permanent contract without clause of maximum duration is offered to the replacing staff member.From then on the rules for ending the employment of contractual members of scientific staff in group 3 with a permanent contract without clause of maximum duration are fully applicable.

B.3. A permanent labour contract with a clause of maximum duration in case of a bridging mandate.

If in the end no individual mandate is obtained UGent will give legal notice in time so this notice period ends at the date mentioned in the contract clause of maximum duration.
An additional provision makes sure that the employment does not end immediately after having learned that the individual mandate one has applied for has not been granted. This will avoid that a legal notice period would take place before there is certainty about the individual mandate that was applied for. In such a situation the search for a new employment (which is the aim of the legal notice period) would be hindered by the uncertainty concerning the individual mandate. To avoid this the legal notice period can start at the earliest on the first of the calendar month after the result of the application for the individual mandate has been formally communicated.

Apart from this there is also a provision stating that in case of an individual mandate being obtained the labour contract will be terminated on the last day before the start of this individual mandate.

C) The staff member gives his or her resignation

B.1. One-off fixed-term contract for a project of maximum 2 years

The staff member who wishes to end his or her employment as member of contractual scientific staff at UGent before the end date in the contract can do so by giving legal notice following the requirements of the labour contract act.
Pay attention: this is only possible during the first half of the contract, additionally limited to the first 6 months of this contract!
At the end of this notice period, that must be in the first half of the contract (and at the latest within the first six months), the employment ends. Should employee and employer reach an agreement on a shorter notice period, then the staff member may leave after this shorter period.
After the first half of the contract (and maximum the first 6 months) have past a unilateral termination of the contract by giving legal notice is no longer possible. In this situation the contract can only be terminated before its end date in mutual agreement between employer and employee.

As giving your resignation (whether or not in mutual agreement with the employer) has important consequences, e.g. for unemployment benefits, we advise you to first contact your trade union before making such a step!

B.2. Replacement contract

The staff member who wishes to end his or her employment as member of contractual scientific staff at UGent can do so by giving legal notice following the requirements of the labour contract act. At the end of this notice period the employment ends. Should employee and employer reach an agreement on a shorter notice period, then the staff member may leave after this shorter period.

As giving your resignation (whether or not in mutual agreement with the employer) has important consequences, e.g. for unemployment benefits, we advise you to first contact your trade union before making such a step!

B.3. Contract van onbepaalde duur met beding in het kader van een overbruggingsmandaat

The staff member who wishes to end his or her employment as member of contractual scientific staff at UGent can do so by giving legal notice following the requirements of the labour contract act. At the end of this notice period the employment ends. Should employee and employer reach an agreement on a shorter notice period, then the staff member may leave after this shorter period.

As giving your resignation (whether or not in mutual agreement with the employer) has important consequences, e.g. for unemployment benefits, we advise you to first contact your trade union before making such a step!

(naar inhoudstafel)

Implacement?

There is no implacement for the temporary contractual members of scientific staff in group 1 as mentioned above. This means they do not receive priority for new vacancies for positions of scientific staff. However, as all members of scientific staff they too can apply for such a vacancy as soon as it is published in the internal round.

Should you have any other specific questions, you can always contact one of our delegates, or send an e-mail to
acod@ugent.be