FAQ Function-based contracts
In the 2007-2010 Collective Labour Agreement it was agreed to experiment with function-based contracts. These experiments have been continued under the current Collective Labour Agreement (see Article 4.4a of the Collective Labour Agreement for Dutch Universities). Function-based contracts can greatly benefit employees. An important condition for entering into a function-based contract is the willingness of both parties. If you have any questions that are not addressed by the FAQs, contact your personnel adviser.
Function-based contracts in practice
How do function-based contracts work in practice?
In order to effect this degree of freedom and approach to working, time-related provisions such as duration of work, working hours, holiday leave, senior staff scheme and part of the individual choices model no longer apply. You arrange your leave yourself during the course of the agreed period, which is typically a calendar year. Leave and working hours need no longer be registered.
Can I take part in the employment conditions individual choices model?
The provisions in the CLA governing working hours and leave are not applicable to function-based contracts. As a result, it is not possible to use leave hours as a source or target for exchange under the employment conditions individual choices model. Agreed additional work can be used as a source under the individual choices model however. As function-based contracts do not include registered leave, the long-term saving option does not apply. It is therefore not possible to save up your leave in order to take a sabbatical. This is why explicit individual agreements must be made for sabbatical leave, which gives you the freedom to arrange your sabbatical in accordance with your needs.
The CLA provisions regarding paid parental leave are not applicable. Can I enter into a function-based contract if I plan to take up a year of paid parental leave?
The provision regarding paid parental leave does not apply to function-based contracts. If you do wish to conclude a function-based contract, you must discuss the consequences of parental leave on the annual agreements made with your supervisor. Another option would be to temporarily refrain from entering into a function-based contract during your parental leave period.
Will I really no longer be required to register leave hours?
There is no such thing as leave entitlement or leave in function-based contracts. As you can schedule leave days yourself in consultation with your superior, you will no longer be required to record them. However, universities and employees are obliged to record sick leave. For this reason, you still have to call in sick in the event of illness. Agreements must be made with the supervisor regarding leave entitlement that has accrued already. One option is to incorporate this leave entitlement into arrangements for sabbatical leave.
What happens if something unexpected happens during the course of the year that may make my annual agreements unachievable?
Firstly, the annual agreements will include provisions to accommodate such situations. In the event of unforeseen circumstances, such as a long-term illness or pregnancy, you will consult with your supervisor regarding whether or not to continue the function-based contract. Furthermore, unforeseen circumstances can be taken into account during the annual meeting.
Can I determine for myself when and where I perform my research work?
You are free to choose when and where you wish to perform your research work. This is the main advantage of a function-based contract. However, if you work within a team, then coordination and consultation between team members is vital. It is likely that agreements will be made with regard to this issue.