The Belgium Experience

1. The Belgium Experience Diederik Mangeleer Chief Administrator Ghent University Friday – session 3 Turin – March 23-24

2. Map of Belgium Diederik Mangeleer

3. In Belgium, The communities are responsible for education Diederik Mangeleer

4. Sources of the regulation on the legal status of University staff (1) decree; resolution of the Flemish government; ministerial order; collective agreements; university regulations; employment contract; individual resolutions. Diederik Mangeleer

5. Sources of the regulation on the legal status of University staff (2) Collective agreements: are negotiated in advance with the representative unions; in the Flemish consultation committee for all universities; in negotiation or consultation committees at university level. Diederik Mangeleer

6. Sources of the regulation on the level status of University Staff (3) Matter 1: Fundamental principles of the regulation on the legal status: administrative regulation on the legal status; the financial regulation on the legal status; collective agreements. Diederik Mangeleer

7. Sources of the regulation on the legal status of University staff (4) Matter 2: Organisational measures for education with a direct effect: on the hours of employment; on the organisation of the work; but also establishing the available financial space (subsidies) and determining how to fill that space. In short, all staff related problems. Diederik Mangeleer

8. Sources of the regulation on the legal status of University staff (5) Flemish Consultation Committee (FCC): Composition: Delegation of the Flemish Government (Prime Minister, Minister of Education, …..); Delegation of the representative unions who represent the staff; Delegation that governs the universities, colleges and represent the associations. (associations are non-profit institutions that comprises a university offering Bachelor and Master programmes and at least one college) Diederik Mangeleer

9. Sources of the regulation on the legal status of University staff (6) Negotiation and consultation committees at institutional level: Prior bilateral negotiations or consultation of the institution with the representative unions merely with respect to staff categories with the exception of the corps of professors. Matter: additional regulations at the level of: administrative regulation on the legal status: among other things recruitment – and promotion procedures ATP; the financial regulation on the legal status: compensation for special performances; work organisation (employment contract); the establishment. Diederik Mangeleer

10. Staff members of the universities – categories (1): 1 paid with means of the government allowance: IAP (independent academic personnel) or the corps of professors; AAP (assisting academic personnel); ATP (administrative and technical personnel); Guest professors (max. 5 %). Personnel paid with means of the Patrimony gathered from research projects and scientific services: Scientific employees; contractual administrative and technical personnel. Diederik Mangeleer

11. Staff members of the universities – categories (2): Differences in regulation on the legal status: Regulation on the legal status of the staff members paid with means of the government allowance is unilaterally determined by the university. Gathering government pension: max. 75% of the highest salary received. (exception guest professors); Personnel paid with means of the Patrimony is appointed with an employment contract (bilateral agreement); obtain a private pension equal to 60 % of the average career salary with a maximum of 1,500 euro; higher amounts are due for the contractual personnel concerning NOSS – personnel cost is 25 % higher. Diederik Mangeleer

12. Staff members of the universities – categories (3): Differences for the staff members themselves are actually not that great: an equal regulation on the legal status is aspired; an additional pension insurance, that approaches the pension benefits of the personnel paid with the government allowance, is concluded. Diederik Mangeleer

13. Establishment (1) Determines the global formation of the academic personnel and the ATP: per calendar year; the means allowed; the estimated occupancy rate; expressed in Full time equivalents. Diederik Mangeleer

14. Establishment (2) IAP = maximum 70 % of the academic establishment, Guest professors are appointed outside the establishment ( max. 5 % of the academic establishment). Diederik Mangeleer

15. Establishment (3) A staff member can only be appointed in a vacancy, provided in the establishment. Staff allocation only occurs by means of allocation models: to faculties; to the central administration. The allocation models are based upon the finance criteria from the annual operation allowance and with regard to education - and research load. Diederik Mangeleer

16. Assignment IAP Education; Research; Scientific services: performances towards a third party based upon the knowledge, the results of scientific research or thematic scientific research or technology. Some mandates are granted exclusively for a research assignment. Diederik Mangeleer

17. Conditions concerning the exercise of the IAP position Requirements: a doctorate obtained with a doctoral dissertation. Exceptions: part-time professors in case of exceptional scientific merit or specific expertise guest professors. The candidates are compared according to: their educational- and scientific qualities in their domain Teaching classes in Dutch. Publication of the vacancy in Dutch and English. Diederik Mangeleer

18. IAP levels First subcadre: lecturer, senior lecturer. Second subcadre: professor, full professor. Each degree is directly accessible or through promotion. Diederik Mangeleer

19. IAP promotion non-contingent: raise in the salary scale after positive evaluation; contingent: raise after vacancy and after internal competition, especially based upon scientific output such as publications and citations. Systems vary per form institution to institution: e.g.. UGhent: within subcadre non-contingent; e.g.. UGhent: from lower to higher subcadre: contingent. Diederik Mangeleer

20. IAP non-contingent promotions Requirements: Evaluation score: good to very good; Evaluation is held at least every 5 years; Evaluation with respect to education: via the students for instance; Evaluation with respect to research: based upon research publications, citations and valorisations (spin-offs, licenses and patents,…); Evaluation with respect to services (scientific service such as e.g. assessments, lab tests and social service such as managerial responsibility). Diederik Mangeleer

21. IAP contingent promotions Requirements: To be of high scientific level and compete with the other candidates in the field of education and research (A1-publications, citations,….). Diederik Mangeleer

22. Evaluation IAP at least every 5 years, during the first evaluation after 3 years at the most; rules determined by the university board; appeal possible to an independent institution of appeal. Sanction dismissal: after two consecutive, negative evaluations; after three negative evaluations during the professional career. Diederik Mangeleer

23. IAP – financial regulation on the legal status (1)Salary The salary scales are stipulated by a Resolution of the Flemish Government. The scales are hence equal for all IAP with the same level. It was argued during collective agreements negotiations that the salary scales are not in keeping with the market. The public office: the highest salary scale of a full professor used to be equal to the highest salary scale of the senior official (secretary-general) of a ministry. Now : salary of senior official is significantly higher. In the private sector: salaries IAP significantly lower. Diederik Mangeleer

24. IAP financial regulation on the legal status (2)Salary scales Table gross salary per month – March 2007 Diederik Mangeleer

25. IAP – financial regulation on the legal status (2) Compensations and allowances: Within the scope of exercising a managerial mandate: e.g. the dean (800 euro per month); through coryfeeën allowance: a bonus allowed by the University Board after evaluation of the achieved performances. Has been applied in rare occasions up until now; Personal compensation for performances within the scope of the postgraduate education: not exceeding half of the overall earnings from postgraduate education after deducting the expenses; Vacation allowance around 92 % of the monthly pay of april; End-of-year bonus around 53 % of the monthly pay of november. Diederik Mangeleer

26. IAP – sidelines (1) Sidelines are other professional activities or other activities that are exercised next to the main occupation. Only possible in case of agreement of the university board. Annual publication in the Belgian Law Gazette of the sidelines of the academic personnel with at least a part-time assignment. When the paid activity occupies a large portion of the time, the assignment becomes part-time. Diederik Mangeleer

27. IAP – sidelines (2) Paid activity that occupies a large portion of the time: an activity that comprises more than two half days; an activity that occurs on a list, determined by the Flemish Government : member of a parliament; exercise a profession or independent occupation, mandate of a business manager or delegated manager of a partnership; an educational activity at a different university that comprises more than 2 half days a week. Diederik Mangeleer

28. Complete or partial interruption of appointment on full pay the sabbatical leave or the leave to reenergize (max. 2 year throughout the entire career); during the period of a guest professorship at a different university ; the occupation of a chair at a foreign university; the exercise of scientific assignments at other institutions (except Flemish universities). In case of paid activities, the amounts accrue to the university. Diederik Mangeleer

29. AP – disciplinary regulations (1) Disciplinary punishments: Written reprimand; Complete or partial suspension for a definite period while completely or partially withholding the salary; Degradation; Dismissal. Diederik Mangeleer

30. AP – disciplinary regulations (2) Apart from imposing disciplinary punishment, the university board can also suspend a professor in the interest of the department: in case of criminal prosecution; if this is required in the interest of the university. The university board determines: grounds that can lead to disciplinary punishment; the corrective procedure; the conditions to erase the disciplinary punishment in the staff files. Diederik Mangeleer

31. The termination of the IAP appointment voluntary resignation; reach the retiring age, not before the age of 60 and at 65 at the most; absence due to illness for more than 666 working days; absence for more than 222 working days from the age of 60; dismissal as a disciplinary punishment. Diederik Mangeleer

32. Early retirement of the IAP The university board can, in case of early retirement, give permission to continue part of the activities concerning research, education and scientific service. An allowance can be granted until the end of the academic year where he reaches the age of 65. Diederik Mangeleer

33. Government pension for the IAP Government pension: Salary average of the five consecutive years in which he earned the most, multiplied by a fraction: in the numerator: number of years of activity in the government sector and the years of study from the age of 20 until the year of retirement - and in the denominator 60. Maximum pension = 45/60th or 75 % of the salary of the secretary general of the federal government. The denominator for the IAP is 30. Because of this he is able to reach the maximum pension faster. Maximum amount of government pension: a little less than 75% of the maximum salary of a full professor. Diederik Mangeleer

34. AAP Recruitment: in 2 year mandates, twice extendable. After achieving doctorate, possible assistant doctor. Assistant doctors can be appointed for two terms of three years at the most. Activity AAP: devote at least half on research Assistant doctors are allowed to teach 30% of the time. Diederik Mangeleer

35. AAP – Financial status Table gross salary AAP – March 2007 Sidelines: same regulation as for IAP Diederik Mangeleer

36. ATP – administrative and technical personnel Provides support for the educational, scientific and social assignment of the university: Diederik Mangeleer

37. ATP – administrative and technical personnel Provides support for the educational and scientific assignment of the university. There are 4 levels: Level A: accessible for master; Level B: accessible for professional bachelor; Level C: accessible for secondary education; Level D: no diploma required. Diederik Mangeleer

38. ATP - Establishment Establishment comprises the whole of positions conveyed into fulltime units and the linked degrees. A function description and profile are determined for each position. The functional classification connects the degrees with a function. Diederik Mangeleer

39. ATP – Recruitment and promotion The university board stipulates the regulations concerning recruitment and promotion. The regulations should respect objectivity and equal treatment. Recruitment: after a public vacancy; a competitive recruitment procedure is used. The recruitment is followed by an internship of at least one month and one year at the most. Diederik Mangeleer

40. ATP – Recruitment and promotion Promotion: designation or appointment to a position of a higher degree. Distinction : non-contingent promotion and contingent promotion The non-contingent promotion: periodical raise in the salary scale; or a flat career. The contingent promotion: in transition to a higher level or position. Diederik Mangeleer

41. ATP – evaluation At least every 5 years. The criteria, determined by the university board are for instance: - be able to work qualitatively; - be able to work quantitatively; - take responsibility; - show initiative; - be customer-oriented; - be flexible; - show willingness to learn; - be able to function in a team. Manage (only for executives). Diederik Mangeleer

42. ATP - salary Table gross salary ATP – March 2007: Diederik Mangeleer

43. Contractual Scientific personnel on research projects or within the scope of service; employed by means of an employment contract; no siphoning possible towards the statutory executives. Diederik Mangeleer

44. Contractual ATP on research projects or within the scope of service; employed by means of an employment contract; no siphoning possible towards the statutory executives, unless they are recruited according to the same objective procedures as the statutory personnel. Diederik Mangeleer

45. IAP needs Remuneration is no longer in keeping with the market of the private sector. Too much red tape that cannot be assumed by the supporting personnel (drawing up and accounting for projects such as time –sheets, audits, VAT … ) Diederik Mangeleer

46. AAP needs Sometimes they are not given enough time to do research and student guidance is very time-consuming. Diederik Mangeleer