Decision 2007-05-16
Reg. No. 536/22/2007 / Vice-Chancellor
POLICY FOR INCIDENTAL EMPLOYMENT
This policy was decided by the Vice-Chancellor on 16 May 2007. This decision replaces any previous decisions regarding incidental employment.

Regulations

Södertörns högskola’s regulations and policies about incidental employment are based on legislation related to government service (LOA 1994:260) and public administration (1986:223), the Higher Education Act (1992:1434), the Higher Education Ordinance (1998:1003) and the General Salary and Benefit Agreement for Government Employees (ALFA). More information can be found in Appendix 1. General advice about incidental employment can be found in the circular (2002:A8) from the National Agency for Government Employers.
On 1 January 2002, a new stipulation (7 b § LOA) was introduced to the legislation that obliged an employee, on request, to provide the necessary information to an employer in order for that employer to be able to assess the employee’s incidental employment. However, this stipulation is limited with regard to employees of public authorities, including those affected by ALFA, and the employer may only request information about incidental employment if there is reason to do so because of the way in which an employee is fulfilling his/her work commitments. There is also a stipulation in the Higher Education Ordinance (4 chapter 32§) stating that academic staff must inform the university college if they are undertaking incidental employment that is within the same area as their employment at the university college i.e. within research or teaching. The obligation to provide information about incidental employment in accordance with 7 b § LOA includes all types of incidental employment.
However, it is important that an employer, when requesting information about incidental employment, acts with integrity. The employer should not request more information that is required in order to assess if the incidental employment is incompatible with the employee’s commitments at the university college. In the first instance, in may be sufficient to request information about the type and the scope of the incidental employment. Only if there is a particular reason to do so, should more detailed information be requested.

Guidelines

  • All work carried out by an employee takes place within the framework of his/her employment at the university college. Remuneration is in the form of salary and, possibly, overtime pay. It is not permitted for a company that an employee owns to charge a consultancy fee for work carried out. If a teacher undertakes teaching for a different academic school from the one where he/she is employed, the fee for this work must be paid to the academic school where the teacher is employed.
  • At Södertörns högskola, the Heads of School/Department are responsible for informing the staff of their school/department about the university policy, as well as the legislation and ordinances regulating incidental employment.
  • Every year, prior to the start of the autumn semester, and by 31 August at the latest, all employees must submit the Form for reporting incidental employment to their superior (Vice-Chancellor, Registrar, Head of School/Department). This must be done irrespective of whether an employee has undertaken any incidental employment or not. A new form must be filled in if there are any changes to an employee’s status during the year.
  • Every year, by 30 September at the latest, Heads of School/Department must have made an assessment about whether the incidental employment of employees contravenes regulations.
  • The obligation to report incidental employment applies to all employees i.e. those employed until further notice and those on fixed-term contracts, part-time employees as well as full-time employees.
  • Any incidental employment undertaken by the Heads of School or the Registrar must be reported to the Vice-Chancellor. Any incidental employment undertaken by the Heads of Department must be reported to the Registrar and those of the Vice-Chancellor to the Government.
  • If a Head of School is uncertain about the assessment of a particular case, this should be taken up with the Vice-Chancellor. Similarly, a Head of Department should take up such a case with the Registrar.
  • The academic school, or equivalent, must record any incidental employment. Such records should be organized in such as way that it is possible to continually follow-up the incidental employment of every employee.
  • An employee who does not submit the required information, gives false or incomplete information, or continues with unacceptable incidental employment, risks disciplinary procedures being taken, and even termination of employment in serious cases.
  • If an employee begins or continues some form of unacceptable incidental employment, the authorized person must decide if the employee should discontinue this employment. The decision must be in written form and include a reason for the decision (See: Form for recording incidental employment)
  • The regulations about the obligation to negotiate according to 11-14 § § MBL need not be applied before a decision is taken about incidental employment involving an abuse of trust/damage to reputation. However, a decision about incidental employment preventing an employee from fulfilling their commitments to the university college or competing with the university college, must be preceded by negotiations according to the stipulations of MBL.

The meaning of incidental employment

Incidental employment includes any appointment, commission or commitment that an employee is involved in, in addition to his/her employment at Södertörns högskola, which cannot be considered to be of a private nature.

Acceptable or unacceptable types of incidental employment

The main rule for government employees is that they have the right to use their leisure time as they see fit. The types of incidental employment that are normally acceptable are: assignments from central or local government, positions of trust within political, trade union or voluntary organizations, or associations not connected with the university college (e.g. sports clubs, housing associations), and participation in media events.
The basic premise is that incidental employment is allowed if it:
  • does not damage the reputation of Södertörns högskola/abuse the trust placed in you by Södertörns högskola
  • does not prevent you from fulfilling your work commitments to Södertörns högskola
  • does not compete with Södertörns högskola

Incidental employment that damages the reputation of Södertörns högskola/abuses the trust placed in you

LOA 7 § prohibits an employee taking up incidental employment that damages the reputation of Södertörns högskola or abuses the trust placed in you by Södertörns högskola. The stipulation states:
“ An employee may not take up any appointment or other assignment or activity that could abuse the trust for his/her, or any other employee’s, impartialitytowards work or that could damage the reputation of the public authority.”
The purpose of the ban on this type of incidental employment for government employees is so that the confidence of the general public in the public administration is maintained. The ban applies to all employees.
For example, it is not permitted that an employee’s incidental employment gives the impression that Södertörns högskola is in any way involved. The university college logo may not be used, for example, without permission from the university college in connection with any activities an employee takes part in, in addition to his/her employment at Södertörns högskola. The university college’s website may not be used to promote any type of outside activity. Employees may not use the university college’s assets e.g. premises, equipment, furnishings or involve other employees or students in additional activities, without permission from the university college.
In certain instances, a trade union assignment may cause a conflict of interest. For example if a Head of School/Department takes part in local salary negotiations on behalf of his/her trade union or, in any other way represents the trade union’s members.
Awareness of incidental employment damaging the reputation/abusing trust
If the university college becomes aware that an employee has begun, or is about to begin, a form of incidental employment that is forbidden by the stipulations of LOA 7 §, the person responsible (Vice-Chancellor, Registrar, Head of School/Department) must inform the employee about the university college’s policy and the legislation regulating incidental employment. If the employee begins or continues after this has been pointed out, the responsible person must make a decision, as soon as possible, as to whether his/her employment should be terminated. (See examples of how to motivate a decision in the circular, 2002: A8, from the National Agency of Government Employers.) The regulations regarding the obligation to negotiate in accordance with 11-14 §§ MBL, are not applicable prior to a decision being taken. This is because the decision regards the application of a ban on an employee and does not change an employee’s employment status.
The employee has the opportunity to appeal against the decision himself/herself or via the trade union. Cases about the application of LOA are dealt with in accordance with legislation about the settling of work disputes, where the Employment Tribunal is the final court of appeal.

Incidental employment that prevents you fulfilling your commitments to Södertörns högskola

The General Salary and Benefit Agreement for Government Employees, ALFA, 1 chapter 15 §, stipulates:
”An employee is obliged, on request, to provide an employer with information about any incidental employment. However, the employer may only request such information if there is cause to do so because of the manner in which the employee carries out his /her work commitments.”
”The employer may instruct the employee to, wholly or partially, terminate the incidental employment if the employer is of the opinion that it prevents the employee from fulfilling his/her work commitments fully.
An assessment of whether incidental employment prevents an employee fulfilling his work commitments at Södertörns högskola, is based on the demands and obligations of that appointment. The incidental employment may not be so comprehensive in scope or scheduled at such a time that the employee is unable to carry out his/her ordinary work commitments, or work overtime if requested to do so. The incidental employment would be regarded as unacceptable if an employee declines or refuses to carry out his/her duties because of the incidental employment. Any decision about whether incidental employment prevents an employee from fulfilling his/her work commitments to Södertörns högskola, must be preceded by negotiations, in accordance with 11-14 §§ MBL.

Competing incidental employment

The General Salary and Benfit Agreement, ALFA, 1 chapter 16 §, regarding competing incidental employment, stipulates:
"An employee of a public authority that conducts business or consultancy work may not take up employment or a commission in a company active in the same field. An employee may not have a share in, or run such a company themselves or via a third person or, in any other way, conduct business in this field.
”That which is stipulated in the first paragraph does not apply if the employer (the Government) states otherwise. If such consent has been given, the employee is obliged, on request, to supply information to the employer about the type and scope of competing incidental employment.”
Employees at Södertörns högskola may not compete with the contracted courses/research that the university college conducts. If an employee is unsure as to whether the incidental employment contravenes this ban, the Head of School/Department should be consulted.
Incidental employment may compete with Södertörns högskola if, for example, an academic school has an agreement about holding a course at another institute of higher education. Competition occurs when a teacher employed at Södertörns högskola teaches at the other institute of education if this is not regulated by the agreement between that institution and Södertörns högskola.
Awareness of incidental employment preventing you fulfilling your work commitments to, or competing with, Södertörns högskola
If the university college becomes aware that an employee has begun, or is about to begin, a form of incidental employment that prevents an employee from fulfilling his/her work commitments, or competing with Södertörns högskola, the employee must be informed about the university college’s policy and the legislation regulating incidental employment. If the employee begins or continues after this has been pointed out, the responsible person must make a decision, as soon as possible, as to whether the employee should terminate this incidental employment. A decision must be preceded by negotiations in accordance with 11 and 13 § MBL. The decision must be in writing and include a reason for the decision. (See examples of how to motivate a decision in the circular, 2002: A8, from the National Agency of Government Employers.)
Special rules for academic staff
The Higher Education Act (1992:1434, 3 chapter 7 §), contains a stipulation about incidental employment that states that, in addition to their main employment, teachers may take up an appointment, commission or conduct activities connected with research or development work within the same field for which they are employed, as long as this does not damage the reputation of the university college in the eyes of the general public. Such employment must be kept strictly separate from the work the teacher carries out at Södertörns högskola. This stipulation means that teachers are encouraged to participate in knowledge transfer and create partnerships with the surrounding community. Such incidental employment is usually linked to a specific discipline/research field. However, in order to be acceptable, such incidental employment must not damage the reputation of Södertörns högskola, prevent the employee from fulfilling their work commitments to Södertörns högskola and must not compete with Södertörns högskola.
According to the Higher Education Ordinance, 4 chapter 32 §, incidental employment of academic staff must be recorded. This record should be organized in such a way at every academic school that it can be continually followed up.

Appendix 1

Regulations about incidental employment

If you would like to read the relevant parliamentary acts regulating incidental employment, please refer to: Policy för bisysslor.

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