Guidelines for distribution of working hours for employees in teaching and research positions Approved by: Approved on: dato: Replaces: Archive ref.: The University Board in item S 25/14 8.5.2014 Guidelines approved in item S 44-09 2014/889, 2009/85 The university’s Guidelines for distribution of working hours for employees in teaching and research positions are instructive. The faculty management may adapt these guidelines to suit specific duties, needs and available resources. The needs of the institution shall be the guiding principle for the distribution of working hours. Supplementary regulations must be drawn up within the scope of these guidelines and require the approval of the University Director before being implemented. 1 Academic positions at the faculties 1.1 Position categories Professor, dosent (professor), førsteamanuensis (associate professor) and amanuensis (assistant professor) Førstelektor (associate professor) Universitetslektor (assistant professor) Høgskolelærer (university college lecturer) / øvingslærer (teaching assistant) 1.2 Working year, working hours, holidays and place of work The working year is equivalent to the working year for State sector employees. It constitutes 37.5 hours net per week, with holidays and holiday pay pursuant to the provisions of the Holidays Act as practiced for civil servants. If holidays are taken during the academic year, they must be arranged with the employee’s unit and taken in such a way that the teaching is not affected. An employee shall normally perform 1695 hours of work per year. Employees who turn 60 in the course of the calendar year receive one additional week’s holiday from that year, meaning that the normal working year for employees aged 60 or over will constitute 1657 hours of work. Moreover, employees receive eight days’ paid leave per year from the calendar year they turn 62, meaning that the normal working year for employees aged 62 or over will constitute 1597 hours of work. All employees at the UiT The Arctic University of Norway shall be present at their place of work during working hours, unless owing to academic reasons they are working elsewhere. In such cases, this must be done with the consent of management at the employee’s unit and in accordance with the current rules for absence. 1.3 Definitions of duties The duties of employees in academic positions may be divided into the following categories: Research and academic and artistic development work Involves the planning, adaptation, implementation and documentation of the employee’s own research, educational development work, other professional development or dissemination of research. Teaching and collection work Involves teaching, preparation and follow-up work, supervision, examination and examining work resulting from the employee’s teaching, other dissemination of knowledge and participation on committees/councils. Collection work applies to positions at Tromsø University Museum (Section 2), and this work involves a responsibility for the development, operation and maintenance of academic collections. Administrative work Academic administration: planning of the academic teaching and research activities, academic assessment work for academic positions at UiT and participation on academic committees. Other administration: Participation on boards and councils, as well as non-academic committees at all levels. Dissemination forms a natural part of both R & D and teaching, and the distribution of working hours for dissemination between the categories must be at the employee’s discretion. 1.4 Distribution of duties within normal working hours The distribution of duties is covered by the employer’s managerial prerogative. For more details about the scope of the employee’s managerial prerogative, refer to the appendix of these guidelines. 1.4.1 General The distribution of working hours shall be flexible and arranged on a case by case basis utilising all the position categories. This involves the variation in the use of time: between various position categories between various periods during the individual stipulation of the proportion of teaching and research As a standard, 5% of the time resources for academic staff in all position categories shall be allocated to administrative duties. For the individual employee, this may mean that duties are agreed in such a way that an increased effort in teaching or administrative duties during one period is compensated with an increased effort in research during another period. Such agreements between the unit and employee shall be in the form of a written work plan. It is the employer’s responsibility to check and document the employees’ hours of work. It is the Head of Department’s responsibility to work out and follow up the individual limited duration agreements. Leaves of absence and enfranchisement from part of the position shall be granted in the same relative proportion for the various position categories, unless otherwise agreed. Research sabbaticals in accordance with the current regulations are not included in the standard distribution of duties. 2 1.4.2 Distribution of working hours in various position categories a) For the position categories of professor, dosent (professor) and førsteamanuensis (associate professor), the following standard shall apply: As a general principle, every employee in these position categories shall spend an equal amount of time on teaching and R & D work, after time spent on other duties has been deducted. b) For the position category førstelektor (associate professor), the following standard shall apply: As a general principle, every employee in this position category shall spend 30% of their time on R & D work and 70% on teaching, after time spent on other duties has been deducted. c) For the position category universitetslektor (assistant professor), the following standard shall apply: As a general principle, every employee in this position category shall spend 20% of their time on R & D work and 80% on teaching, after time spent on other duties has been deducted. d) For the position category høgskolelærer (university college lecturer) / øvingslærer (teaching assistant), the following standard shall apply: As a general principle, every employee in these position categories shall spend 10% of their time on continuing education. 1.4.3 The R & D component All academic staff have the right and obligation to engage in R & D work during their hours of work. In the event that it becomes clear that a staff member does not/cannot fulfil their R & D obligations, it is the prerogative of the unit management to instruct that part of the time resource be used for other duties. This may be done only after the employer, in cooperation with the employee, has charted the reason(s) why the R & D activities have not been fulfilled, and taken active measures to facilitate the employee’s R & D efforts. The hours allocated to R & D shall be used for research and development activities that develop the strategic objectives of the subsidiary unit. It is expected that employees with time allocated for R & D have a plan for the R & D activities, and that the results are published. Each faculty may approve supplementary regulations specifically adapted for the unit. 1.4.4 The teaching component In the event of standardization of the hours used for the teaching, the combined average working time shall be taken into consideration, including necessary preparation and follow-up work. The term preparation means, for instance, the incorporation of new material, the adaptation of the teaching and restoration for laboratory exercises, as well as the development of new courses and teaching methods. Examples of follow-up work may include evaluation of the teaching, grading of assignments, journals and examinations and following up students. The time spent on work shall be calculated on the basis of the following categories: 3 (1) Lectures/teaching in large or small groups that requires preparation and follow-up work Lectures at all levels are weighted with 3-4 hours per hour of teaching. (2) Teaching that requires limited preparation/follow-up work This type of work shall be weighted with 1-2 hours of work per hour of teaching, depending on the method and complexity of the teaching. (3) Research fellows and new appointments Research fellows are weighted double the standardized time for preparation of teaching. New appointments without previous teaching experience may be weighted double for the first year. (4) Other The units may allocate time resources for the development of new courses, academic arrangements and other work. It is difficult to standardize the hours for such work and consequently discretion must be used when distributing these time resources. (5) Academic supervision Depending on the complexity and whether the assignment is of a theoretical or experimental nature, the academic supervision may be credited as following (guide for standardisation): a. Assignments yielding 10 credits may be credited with 2 – 8 hours per assignment b. Assignments yielding 20 credits may be credited with 10 - 20 hours per assignment c. Assignments/theses yielding 30 credits may be credited with 20 - 40 hours per assignment/thesis d. Assignments/theses yielding 60 credits may be credited with 50 - 80 hours per assignment/thesis e. Doctoral theses may be credited with a total of 180 – 240 hours. (6) Examination work The time for the grading of assignments and examination work outside of the research fellow’s own teaching may be standardized separately. Supplementary regulations must be drawn up within the scope of these guidelines and require the approval of the University Director before being implemented. 1.4.5 The administration component As a standard, 5% of the time resources for academic staff in all position categories shall be allocated to administrative duties. The time for some administrative duties may be standardized separately. However, consideration should be given to standardising the time for larger duties jointly. The combined time allocated to administration should not normally exceed 200 hours per year. 1.5 Special duties Exemptions from ordinary duties may be granted for some special duties. Alternatively, this duty may be remunerated as additional work, providing the employee has not received other payment for the duty in question. Any exception from ordinary duties shall be distributed evenly between the various categories, unless otherwise decided in the guidelines. 1.5.1 Local appointments By resolution of the Board, all programmes of study shall be subject to an academic programme management. Following a recommendation from the departments, the faculties shall specify the arrangements for academic programme management that will apply for the specific programme 4 of study. Following a recommendation from the departments, the faculties must assess the time resources that may be allocated for the academic programme management. Such supplementary regulations require the approval of the University Director. Other functions at the faculties shall be performed within the scope that has been agreed for administration. It is up to each faculty to decide the functions which are within this delimitation. Staff who are instructed to undertake special duties, e.g. major service commitments, report on special matters of interest to the unit, develop new educational provisions, develop/test new teaching methods or materials, etc., may be credited separately for this. Any duties for which the employee receives separate remuneration shall not be credited. 1.5.2 Appointments to national/international bodies If the appointment is of interest to UiT The Arctic University of Norway, it may credited on a case by case basis by agreement with the unit manager. Any duties for which the employee receives separate remuneration shall not be credited in the work plan. 1.6 Work as an employee representative Work as an employee representative shall be performed in accordance with the Basic Agreement for State Employees and a local special agreement concerning enfranchisement for employee representatives. 1.7 Work plans It is the Head of Department’s responsibility to draw up individual limited duration agreements, and to follow up the individual staff member. The work plans must contain: (1) regular time set aside for administration and (2) a main component for teaching duties and (3) one for R & D. The latter two components will have some discrepancy from the standardized proportions for each of the position categories from semester to semester,. The teaching component will be divided into a maximum of five separate components in accordance with guidelines for the standardization of the hours for teaching, cf. Section 1.4.4 above. It should not normally be permitted for work plans to be drawn up at such detailed level that times resources are specified for under, for instance 20 hours. The work plans shall express the duties, needs and resources of the unit, and be designed in such a way that they are tools that may be used to plan and follow up the academic activities at the unit. The plans must be designed to enable them to be used as a basis for budgeting, annual reporting and other management tools, etc. 2 Positions at Tromsø University Museum 2.1 Professor For the position of professor, the following distribution of working hours normally applies: 50% for research 50% for teaching, dissemination, collection work and administration Stipulations about the distribution of working hours may be contained in the detailed description for each position. Section 1 applies to the extent it is relevant for the position in question. 2.2 Førsteamanuensis (and amanuensis) 5 The distribution of duties over time for the positions of førsteamanuensis (associate professor) and amanuensis (assistant professor) shall be approximately 50 % for research, 20% for collection work, 20% for dissemination and 10% for administration. Section 1 applies to the extent it is relevant for the position in question. 3 Head of Department on fixed term contract The faculties stipulate the degree to which research and teaching duties shall be attached to the position of Head of Department. Section 1 applies to the extent it is relevant for the position in question. 4 Researcher The majority of the work for researches shall comprise of research, research dissemination and research administration. Further, the research may supervise Master’s and PhD students. Section 1 applies to the extent it is relevant for the position in question. 5 Additional position (Adjunct professor, adjunct associate professor etc.) The scope of work for employees in additional positions is equivalent to approximately 20% of the main position. The holder of the additional position is at the university’s disposal during these hours, and may be assigned duties within teaching, supervision, research and administration. The content and distribution of the work shall be stipulated in accordance with an agreement with the faculty. The hours for teaching, supervision, examination work and administration shall be standardized in accordance with the guidelines outlined in Section 1. Work plans shall be drawn up in accordance with the provisions of Section 1. 6 Combined positions Refer to any special agreements related to required duties and the distribution of these. Work plans shall be drawn up in accordance with the provisions of Section 1. 7 Research fellows Refer to the regulations concerning stipendiater (research fellows). Work plans shall be drawn up in accordance with the provisions of Section 1. 8 Research assistants Refer to the regulations concerning vitenskapelig assistenter (research assistants). Work plans shall be drawn up in accordance with the provisions of Section 1. 6 9 Relevant agreements and regulations The regulations related to working hours in Chapter 10 of the Working Environment Act aplly in full for staff in teaching and research positions. Appendix to Guidelines for distribution of working hours for employees in teaching and research positions Guidelines for the employer’s managerial prerogative with regard to the distribution of working hours for employees in teaching and research positions General The managerial prerogative of the employer’s general organisational and instructional authority applies within the framework of the legislation and agreements. The employer’s managerial prerogative may be defined as the employer’s right to “hire and fire” their employees and to organise, manage, distribute and supervise the work (who shall do what, when and where). The scope of the employer’s right to change the duties of an employee, as well as the scope of the right to move the employee to another position, is regulated by the first two clauses of Section 12 of the Act relating to Civil Servants: “...all civil servants are obliged to accept changes in their duties and reorganization of the agency. If the conditions for dismissal or summary discharge pursuant to Sections 9 or 10 are present, the officer may instead be required to take over another equivalent post in the agency or be available for special tasks”. The first clause of Section 12 of the Act relating to Civil Servants forms a basis for the employer’s application of their managerial prerogative in the event of changes to the duties within the position. The employer’s managerial prerogative is limited in that the employer may not unilaterally change the essential character of the position. The detailed content of the essential character standard is that the employer may not implement changes of such significance that the essential character of the position, or the main content of the employment contract, is substantially changed. This means that areas of responsibility / work shall be comparable and on approximately the same level as the employee’s original function. Changes that go beyond the essential character may not be implemented unless agreement is reached between employer and employee. Whether the essential character of the position has changed or not will depend on a specific discretionary assessment. To assess whether the change is within the scope of the essential character standard, a comparative assessment must be performed of the content of the position before and after the change/redistribution. In order to determine the scope of change, the employment contract, detailed description of the position/announcement text, list of duties and development/changes of the employment conditions over time shall form the basis. Consequently, the extent of the employer’s managerial prerogative must be seen in the context of the individual employment contract, as well as other factors that regulate the employment conditions. The employment conditions at the time the change(s) was implemented shall form the basis of comparison. If the requirement for the essential characteristic standard is fulfilled, the change(s) 7 will be within the employer’s managerial prerogative. The second clause of Section 12 of the Act relating to Civil Servants expands the employer’s managerial prerogative when the objective conditions for dismissal or summary discharge pursuant to Sections 9 and 10 are present. The provision authorises access to impose another equivalent post, as an alternative to dismissal. In this case, the change occurs outside the position as a result of, for instance, termination of the work or the civil servant’s conditions. Consequently, the redeployment is exercising the managerial prerogative instead of dismissal. The term equivalent post normally refers to status and salary, meaning the status and salary of the new position must be fairly similar. The new position shall largely have the same functions as the original position, i.e. roughly the same area of work, but does not have to be the same position code and duties. Temporary change pursuant to the final clause of Section 12 of the Act relating to Civil Servants The employer may exercise its managerial prerogative to temporarily redeploy employees when this is in the interest of the service. The duration of this temporary redeployment should be limited to the extent possible (and should not normally exceed six months) so that the period of the redeployment is no longer than necessary. The duration is discretionary and must be assessed on a case by case basis depending on the reason for the redeployment. The term “in the interests of the service” aims to cover situations where the purpose of the redeployment may be objectively justified in the service conditions. This applies to the conditions of both the organisation and the employee. Requirement for objectivity Case law has worked on the assumption that any change based on managerial prerogative must be objectively justified in order to be considered valid. Certain requirements are attached to the administrative procedure in connection with the employer’s exercise of its managerial prerogative. There must be a sound basis for the decision, and it must not be arbitrary or based on irrelevant considerations. Based on an overall assessment, the employer’s decision must objectively motivated by the current situation of the organisation and the interests of the employee concerned. Redistribution of hours for employees in teaching and research positions The distribution of hours for each position is specified in the detailed description of the specific position. These are interpretation elements in relation to the employees’ employment contracts. The distribution of hours between R & D activities and teaching must be regarded as forming part of the academic staff’s employment contract. The question is to what extent an employer may unilaterally change the distribution of hours. Lawyer Bjørn Braathen raised this issue in his study of relevant employment law issues in connection with the merger between the University of Tromsø and Tromsø University College in 2009. It came to light in this study that the employer by virtue of its managerial prerogative was unable to change an employment contract based on a 50-50 distribution in a way that implies that the employee in question would only work with 100% teaching or 100% R & D activities. This would be regarded as a substantial change of the essential character of the position. Moreover, Braathen states that the employer would be able to make certain adjustments to the distribution of hours between R & D activities and teaching without exceeding the scope of the managerial prerogative. When assessing what the limits of the employer’s managerial prerogative are, it is necessary to 8 undertake a specific assessment on a case by case basis. However, in most cases, minor changes such as from 50-50 to 60-40 must be regarded as being within the scope of the managerial prerogative. In the event of further changes, the employer must consider whether other factors in employment relationship have changed simultaneously. In such cases, the overall change in the employee’s position must be assessed in relation to the limits of the employee’s managerial prerogative. Assessment of specific cases By enquiring to the University Director (Department of Human Resources and Organisation), managers and units can receive assistance with assessments of specific cases. 9