DTU encourages DTU employees to engage in work—also outside DTU—that promotes innovation and new thinking in society as a whole and contributes to the employees’ personal development. However, DTU also deems it necessary to define guidelines for the area.
The guidelines on secondary employment apply for all employees regardless of the agreed number of working hours.
Also, the guidelines allow DTU to decide whether DTU wants to bear any social security costs associated with secondary employment abroad.
DTU’s tasks in relation to secondary employment
Research—long-term and basic research would not usually give rise to conflicts of interests in relation to secondary employment or intellectual property rights, as the results are often of a long-term nature.
Teaching—opportunities for secondary employment arising from use of the teachers’ expertise in solving tasks together with external partners can be one way for teaching staff to keep abreast of developments.
Scientific advice—DTU’s scope for supplying competent and reliable scientific advice depends entirely on there being no question as to the legal capacity of the employees involved.
Innovation—secondary employment can also be a way of translating the knowledge built up at DTU into societal economic development.
However, in connection with secondary employment relating to strategic research, the head of department must ensure that the employee’s IP remains at DTU. In connection with the advance notification of secondary employment to the head of department, the head is therefore to conduct an independent assessment of the employee’s legal capacity.
Definition of secondary employment
Secondary employment means both paid and unpaid secondary employment outside of DTU—in other words employment where DTU is not the employer.
The paid or unpaid secondary employment is undertaken based on the professional expertise acquired while working at DTU.
The paid or unpaid secondary employment must be work undertaken over and above the work performed as a DTU employee.
Secondary employment is defined as both work-related secondary jobs that are carried out as a result of DTU employment (professional secondary employment), and secondary jobs of commercial nature that are carried out alongside being employed by DTU (commercial secondary employment).
The scope and nature of the secondary employment must be compatible with the tasks associated with being employed at DTU, including legal capacity in relation to other business partners.
It is a condition that the usual job-related attendance is maintained, and that the employee complies with the HR policy and delivers the high-level performance expected at DTU.
Please note that the guidelines cover only secondary employment that is relevant for DTU employment, i.e. secondary jobs associated with the employee’s leisure-time activities or the like are not covered by the guidelines. However, this is on condition that the extent of such activities is not incompatible with being employed at DTU.
When several employees work on the same project, they must—in so far as the guidelines set out below on professional and commercial secondary employment are concerned—be treated the same.
Professional secondary employment
The following describes only professional secondary employment that, on the face of it, is not part of the day-to-day job content.
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Membership of expert panels for evaluating doctoral and PhD theses for other institutions in Denmark and abroad
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Functions under the examiner corps
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Membership of committees, councils, associations and governing bodies appointed and/or recommended by DTU
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Membership of the management/board of directors of scientific associations and societies
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Membership of editorial committees of foreign and Danish scientific journals
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Guest lecturing for other foreign and Danish institutions
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Refereeship for research council applications abroad
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Membership of the board of directors of scholarships and funds
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Legal appraisals and estimates
Any remuneration paid for the performance of such work is generally payable to the employee unless the employee’s work is being planned around the performance of the professional secondary employment.
Commercial secondary employment
Commercial secondary employment is defined as follows:
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Employment at another public-sector or private company including the employee’s own company
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Ownership interest in a company which is a supplier or business partner to DTU (listed companies excluded) and ownership interest in DTU spin-outs
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Membership of the management and/or board of directors of commercial enterprises, including spin-outs from DTU, or commercial foundations etc.
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Duties on commissions and committees
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Long-term teaching obligations at other institutions
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Advice/consultancy for private or public-sector companies
Notification and reporting of professional and commercial secondary employment
Professional secondary employment must be reported once a year to the head of department.
As regards commercial secondary employment, advance notification must always be given, and such secondary employment must be reported to the head of department once a year, see the descriptions below.
Initially, the employee must personally assess whether the external activities harmonize with the university’s interests and the employee’s main responsibilities, main occupation and duties at DTU.
In connection with the advance notification, the head of department must ensure that the secondary employment
In connection with advance notification of secondary employment for employees with scientific advice duties, the head of department must have a special focus on the employee’s legal capacity and scope for maintaining confidentiality.
Before commencing any commercial secondary employment, the employee must notify the head of department in advance at least one month before the secondary employment begins. The head of department can then assess whether the secondary employment is compatible with the employee’s job at DTU. The employee must also report any commercial secondary employment once a year.
Both the management and the employee are responsible for ensuring that
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the employee’s performance is fully maintained;
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the number of working hours is not reduced owing to the commercial secondary employment;
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the commercial secondary employment is compatible with the planning of the employee’s work;
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the employee doesn’t use DTU equipment or software.
In addition, the employee’s total commercial secondary employment must not
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normally average more than 40 hours a month;
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lead to legal incapacity for the employee and/or DTU;
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be remunerated by DTU—neither directly nor indirectly;
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be carried out using DTU equipment or software;
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be in competition with DTU;
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be in conflict with the requirement on decorum—i.e. the employee must "both while on duty and off duty conduct himself/herself in a manner worthy of the respect and trust required by the position."
If, based on the above, the head of department finds the secondary employment to be incompatible with employment at DTU, the employee must be notified immediately.
Commercial secondary employment must be reported as at 1 January each year and must be submitted to the immediate manager by 15 January at the latest.
Reports must be sent via the electronic report form and must cover all professional and commercial secondary employment undertaken during the past calendar year.
All reports are filed centrally by the department.
Terms of agreement for commercial secondary employment
DTU has the following terms of agreement, depending on the nature of the commercial secondary employment:
1. Consultant in a defined area, but with no set task (typically consulting for companies in connection with projects);
2. Consultant on a set project of a fixed-term duration,
3. Researcher starting up his/her own business
Re items 1. and 2.—Consultancy
In case of long-term consultancy, a consulting agreement is normally drawn up between the employee and the company in question. The consulting may not conflict with employment at DTU.
Particular attention must be given to the following issues:
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Legal capacity
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Time consumption
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Competition
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Rights
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Marketing
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Confidentiality
A copy of the agreement must therefore be submitted in confidence to the head of department in connection with the advance notification of the commercial secondary employment.
The head of department may confer with the Office for Innovation and Sector Services (AIS), Law and Contracts, to ensure that the agreement is not in conflict with DTU employment.
Re item 3.— Starting your own business
In cooperation with Law and Contracts, the researcher draws up a special agreement covering:
A copy of the agreement must be submitted in confidence to the head of department in connection with the advance notification of the commercial secondary employment.
Part-time employment due to other employment
Subject to agreement with the head of department, employees can transfer to part-time employment due to other employment - e.g. due to starting up their own business or working for another institution/company.
However, the general rule remains that secondary employment must not affect the work and workload to be handled by the employee as defined in his/her terms of employment at DTU -regardless of the agreed number of working hours. Consequently, a part-time position elsewhere must neither affect nor prevent the employee from fulfilling his/her duty to take on necessary overtime. Equally, requirements regarding loyalty, decorum, legal capacity etc. must be observed.
Before accommodating an application regarding part-time employment, the head of department must ensure that the employee’s other employment is compatible with his/her position at DTU, and that the employee’s IP remains at DTU.
The head of department must confer with the Office for Innovation and Sector Services, Law and Contracts and Corporate HR before granting a request for part-time employment.
Social security
DTU’s employees are generally covered by Danish social security, also when working for DTU abroad. Social security benefits include, for example, sickness and maternity/paternity benefits, unemployment insurance, old-age pensions, early-retirement benefits, labour market supplementary pension (ATP), family benefits, health insurance, occupational injuries insurance, etc.
However, employees undertaking secondary employment abroad may be covered by social security legislation in another country. This means that they are instead entitled to receive social security benefits in this country, obliging DTU and the employees themselves to pay contributions to these schemes.
Based on the reporting of secondary employment abroad, including information about the identity and domicile of the employer and the scope of the secondary employment, it is possible to identify the risk of the above obligations. If the secondary employment entails costs for DTU, the head of department decides whether the secondary employment is compatible with being employed at DTU.
Basis for guidelines on secondary employment
Section 17 of the Danish Public Servants Act (Tjenestemandsloven): A civil servant may solely have other employment than his position as a civil servant in so far as and to the extent that this is compatible with the conscientious performance of the official duties of the position as a civil servant and with the esteem and trust required by the position
According to the legal adviser to the Danish Government (Kammeradvokaten), section 17 of the Danish Civil Servants Act has the character of a maxim under employment law, and as such, as a general rule, it must be attributed the same value in relation to employees covered by a collective agreement.
In Chapter 15 of Personaleadministrativ Vejledning, it is stated: Regardless of whether an employee has a duty to report secondary employment, the employer’s normal managerial rights include scope for the authority providing employment to impose a duty to report such employment on certain employee groups. At DTU, this applies to cases of commercial secondary employment.
The provisions of the Danish Public Administration Act (Forvaltningsloven) on disqualification apply when a public employee has private interests which may affect the employee’s decisions. This may be the case, for example, if the employee has a particular personal or financial interest in the outcome of the case. In case of disqualification, the case must be transferred to another employee. This is done both to protect the employee and uphold the population’s trust in the public administration.
Adoption and entry into force
The guidelines on secondary employment was approved by the Executive Board and discussed by by the Cooperation and Joint Consultation Committee (HSU) in March 2017.
The guidelines becomes effective from the time they are published on DTU Inside.