PRIVATE WORK POLICY POLICY NO: 0045

Transcription

1 PRIVATE WORK POLICY POLICY NO:

2 TABLE OF CONTENT LEGISLATIVE FRAMEWORK AND BEST PRACTICES... 4 PURPOSE... 4 DEFINITIONS, ACRONYMS AND ABBREVIATIONS... 4 SCOPE... 5 APPROVAL OF PRIVATE WORK... 5 RISKS ASSOCIATED WITH PRIVATE WORK... 8 PRINCIPLES OF PRIVATE WORK... 8 CLASSIFICATION OF PRIVATE WORK ROLES AND RESPONSIBILITIES ADOPTION OF POLICY AVAILABILITY OF PRIVATE WORK POLICY ANNUAL REVIEW OF POLICY ANNEXURE A

3 AMENDMENT AND APPROVAL RECORD TITLE: PRIVATE WORK POLICY Policy Number 0045 Effective Date From date of APPROVAL Next Revision Date 2016 Reviewed - Approved 27/03/2015 ISSUE AMENDMENT DESCRIPTION ORIGINATOR APPROVED BY DATE 01 New Policy DHET College 27/03/2015 Council Department: Responsibility: Prepared and submitted by the Accounting Officer to Council Human Resource Accounting Officer Authorized by Council (Signed by Chairperson of Council) Implementation Date: From date of APPROVAL Date: 27/03/2015 Date: 27/03/2015 3

4 1. LEGISLATIVE FRAMEWORK AND BEST PRACTICES Key principles contained in the following legislation were applied to develop this policy: 1.1. FET Colleges Act No.16 of 2006, as amended (the Act ); 1.2. Employment of Educators Act No. 76 of 1998; 1.3. Public Service Regulations, 2001; and 1.4. Government Personnel Administration Measures-Gazette no of 1999 (as amended). 2. PURPOSE The purpose of this policy is to: 2.1. establish a framework within which employees may undertake Private Work; 2.2. set general rules for performing Private Work; 2.3. establish the process for authorisation of Private Work; 2.4. establish a system of monitoring of Private Work; and 2.5. encourage transparency, accountability and facilitate employee retention. 3. DEFINITIONS, ACRONYMS AND ABBREVIATIONS For the purpose of this policy, unless the context indicates otherwise, the following definitions, acronyms and abbreviations are set out for the terms indicated: 3.1. Accounting Officer is the College Principal Act is the FET Colleges Act No.16 of 2006, as amended CFO is the College Chief Financial Officer College is a Public FET College Department ; DHET is the Department of Higher Education and Training Educator means any person who teaches, educates or trains other persons or who provides professional educational services, at the College and who is appointed in a post on any educator establishment under the Employment of Educators Act No. 76 of Employee is any official, employed by the College, irrespective of rank, full-time or part-time, or Council-or 4

5 Departmental-appointed, or paid on a salaried or an hourly/daily individual basis Employer the Department or the College is the employer HOD is the Head of Department "Line Manager" is anyone whose duties in the main involve responsibility for the work of others. The term includes not only those who are usually referred to as managers because they are members of the so-called "management echelon" but also all first-line supervisors Minister is the Minister of the Department of Higher Education and Training Private work - Private work refers to any work performed, by an Employee, not for the direct benefit of the College which is additional to his/her College contractual duties and is generally associated with the generation of additional income TVET is Technical and Vocational, Education and Training. 4. SCOPE 4.1. This policy applies to DHET as well as College appointed employees This Policy applies to permanent, full-time employees and temporary full-time contract employees. 5. APPROVAL OF PRIVATE WORK 5.1. In terms of the Employment of Educators Act, 1998, Chapter 7 paragraph 33(1): Unless an educator s conditions of services provides otherwise- (a) an educator shall place such time as the Minister may determine at the disposal of the employer. (b) no educator shall without permission of the employer perform or undertake to perform remunerative work outside the educator s official duty or work. 5

6 5.2. To obtain written permission for Private Work the employee must complete the prescribed application form (refer Annexure A) in advance and submit it to the relevant line manager All applications for approval to engage in Private Work, must be requested in writing with the following details provided: a full description of what the work would involve; the reasons for, or purpose of, undertaking the Private Work; the use, if any, will be made of the infrastructure or resources of the College; whether the Private Work will generate income; and declaration of any conflict of interest between the work currently performed at the College and the Private Work to be performed Academic staff must submit the application via their HOD to the Campus Manager for consideration Administrative and support staff must apply to their respective Line Managers who must forward their recommendation to the relevant HOD for consideration A HOD or Campus Manager must apply directly to the Deputy Principal: Academic The relevant Line Manager must submit a recommendation, in writing, to the Accounting Officer for approval The Accounting Officer will consult the CFO, the Deputy Principals and the chairperson of the College Council If approved, a copy of the application and of the resolution approving the Private Work must be filed with the Human Resources Department The approved Private Work of an Employee will be regulated by a contract between the Employee and the College. The contract will be embodied in the signed application form submitted by the Employee and the written approval issued on behalf of the College by a designated official When permission for Private Work is declined, the reasons for such decision must be documented and provided to the applicant. 6

7 5.12. Permission for Private Work is granted for one year at a time only; Employees should therefore re-apply on an annual basis for permission to continue with such Private Work At the time of recruitment, new recruits should be requested to declare any Private Work they wish to continue to pursue. This will enable the College to assess the impact of such continued Private Work on the College before deciding on the appointment If a temporary full-time contract employee is interested in Private Work, permission for such work should be obtained and written permission added as an addendum to his/her contract The following factors must be considered when approving Private Work: Determine if there is no conflict of interest between the College duties and the Private Work, or for the services that the College itself can offer The duration of the Private Work and the time and resources required to perform the Private Work The applicant s performance in his/her current position at the College The impact that Private Work will on have on research and improving the quality of teaching as well as service delivery within the College. To this end, Private Work may be approved subject to the delivery of teaching, research and support services not being undermined by Private Work The extent to which interaction of the College employees with other organisations will advance the image of the FET sector No approval to perform Private Work must be granted in the following instances: if the work can be performed by the College; if the work will result in a conflict of interest; inappropriate use of College resources; the work impacts on the employee s official hours at the College Withdrawal of permission The College may at any time withdraw permission which has been granted for doing Private Work stating the reasons for the said action. 7

8 The following circumstances may result in the withdrawal of permission: a) The Private Work and the execution thereof is not consistent with the information supplied to the Accounting Officer at the time of application. b) The Private Work and the execution thereof is in conflict with the interests of the College. c) If a conflict arises subsequent to the initial approval of the Private Work. d) Abuse of College resources. e) If circumstances have changed significantly at the College, after approval, especially relating to staffing at the relevant department The permission may be suspended or withdrawn on reasonable notice at the discretion of the Accounting Officer The notice of suspension or withdrawal must be in writing. 6. RISKS ASSOCIATED WITH PRIVATE WORK 6.1. The time spent on Private Work could impact negatively on the Employee fulfilling his/her contractual obligations at the College It may be difficult to monitor the use of College resources and the amount of time spent on Private Work The employee may be over extended resulting in poor performance The integrity and ethics of work and accountability may be compromised. 7. PRINCIPLES OF PRIVATE WORK 7.1. Any work that can be performed by the College, either wholly or partially cannot be considered as Private Work. This will be considered as work that can be solicited for the College. Any person engaging in such work privately will be considered to be in conflict of interest and will be disciplined accordingly The practice of Private Work may not be in competition with the work performed at the College. 8

9 7.3. No employee is of right entitled to be granted permission for doing Private Work and the College is not obliged, as a matter of course, to grant approval to any employee to perform Private Work The Private Work must be performed outside of normal working hours and must under no circumstances impact negatively on an employee s ability to perform his/her duties at the College Use of College Resources No Employee may, without permission, use College infrastructure or resources for Private Work. If there is a need to use College resources and infrastructure, this must be declared in the initial application. If approved, no additional resources or infrastructure may be used The Employee concerned would be fully responsible for any loss or damage to College property utilised for Private Work. This obligation will remain in force until the Private Work project is signed off with the Accounting Officer A fee will be levied by the College for the use of any College infrastructure or resources The process and timing of recovery of these costs shall be detailed in the contract referred to in paragraph Private Work should not be allowed to assume such proportions that it interferes with the effective performance of the employee s main duties at the College and it should not prejudice the access that students have to the Employee Permission to undertake Private Work does not automatically imply the granting of leave or absence from the College for specific dates/time periods. Such leave must be requested and approved The College is not liable for any claims, which may arise from Private Work delivered by a member of the staff to an outside organisation for payment Employees engaged in Private Work may not indicate, in any way, to outside parties with whom they are engaged that they are acting as agents for or on behalf of the College, (i.e. that they represent the College). 9

10 7.10. Employees engaged in Private Work shall indemnify the College in respect of any claim of whatsoever nature and cause that may arise as a result of or in connection with the said work Employees engaged in Private Work shall not be covered by the College s indemnity insurance cover Employees engaged in Private Work that brings the College name into disrepute may be disciplined in terms of the College s disciplinary code Private work may not exceed eight (8) hours per working week for full time academic employees. Any other full-time contract employee (non-academic) would be allowed to undertake Private Work not exceeding twelve (12) hours per working week Despite the above time concession, participation in Private Work must not adversely affect an Employee s duties, including on-campus accessibility for students, attendance of departmental or faculty meetings, etc Reports resulting from Private Work Any report or opinion produced in the course of the Private Work of an employee shall be issued on his/her own authority and responsibility The College s name may not be linked to such reports or opinions or to the work on which it was based The College s official stationery may not be used in any correspondence related to Private Work. 8. CLASSIFICATION OF PRIVATE WORK Any work or involvement in any organization, in a personal capacity or the capacity of a College representative, must be declared before such involvement Private Work for which permission must be obtained: Permission for Private Work may include one of the examples given below but does not constitute an exhaustive list: serving as a part-time lecturer at another educational institution; temporary services on state or semi-state commissions and councils; 10

11 serving on the board of a company or statutory body in an Employee s personal capacity; research performed at the request of an outside entity that does not comprise research conducted under the auspices of the College; giving advice to or doing work for the government or other state or semi-state bodies; rendering service to private individuals or undertakings; assuming duty as the sole or chief editor of an accredited journal; participation on a limited scale in the practice of one s profession; operating a business or having an interest in an entity Work for which permission must be obtained The following are listed as examples of work for which permission is not necessary but need to be declared: examination work for recognized educational institutions or examining bodies; serving on the editorial board of a scientific/technical/professional journal; serving on the executive or council or board of a scientific society or professional association; presentations of public addresses, radio talks, television appearances, etc in connection with an employee s field(s) of expertise or in the general interest of the College; 8.3. Work for which declaration is not necessary The following are listed as examples of work for which permission is not required and declaration need not be made: involvement in charitable community work (e.g. serving on school governing bodies, church committees, etc); and the incidental offering of professional advice and services and no fee is charged. 9. ROLES AND RESPONSIBILITIES 9.1. Responsibility for the implementation of this policy rests with the Accounting Officer with the support of the Deputy Principal: Corporate Services, Human Resources Manager and the Line managers. 11

12 9.2. It is the responsibility of the Line Managers to monitor Employee s compliance with the conditions relating to their Private Work and to report any infringements thereof to the Human Resources Manager who will report accordingly to the Deputy Principal: Corporate Services Employees found to be in contravention of this Policy may be subjected to disciplinary action as per the College s disciplinary policy An applicant may appeal against a decision to the Council only on the grounds of unfair and inconsistent application of this policy. A full motivation for such appeal and substantiated evidence must be provided The decision of the Council will be final. 10. ADOPTION OF POLICY This policy is effective from the date on which it is adopted by the Council. 11. AVAILABILITY OF PRIVATE WORK POLICY A copy of this policy and other relevant documentation should be made available on the College website. 12. ANNUAL REVIEW OF POLICY This policy will be subject to an annual review by College management to ensure its relevance. Colleges should forward any inputs and recommendations to the TVET Branch of DHET for possible consideration during the annual review process. Any recommended changes to the Private Work policy should be presented to the College Council for approval. 12

13 ANNEXURE A APPLICATION FOR PERMISSION TO UNDERTAKE PRIVATE WORK 1. Name: 2. Department/Division: 3. Telephone: 4. Describe, IN FULL, the nature of the private work for which you are applying, taking care to explain the relation between the private work and your College work. Also state clearly the reasons why the work should be undertaken and what benefits would accrue to the College (use a separate page if necessary): (a) What will the duration of the work be? (b) How many hours a week will be spent on the Private Work? Over how many days will these hours be spread? (a) Where will the work be conducted? (b) Contact details when engaged in private work. 5. Will you require the use of any College equipment, material or space in carrying out this work? YES / NO 6. If YES, give full particulars: 13

14 If the answer to question 6 is YES, will the work where use is made of any College equipment, material or space generate income? YES / NO / NOT APPLICABLE 7. If YES, give full particulars of the nature of the work and the income generated thereby (use a separate page if necessary): 8. Is this the first time that you are applying for permission for private work? YES / NO 9. If NO, provide a brief summary of the private work projects you have been involved in during the previous five (5) years and specifically whether any publications resulted from these earlier activities (use a separate page if necessary): Signed: Date: 14