The new Collective Labor Agreement for NU (CLA-NU): important rights for PhD candidates

A new Collective Labor Agreement for Dutch Universities (CAO-NU) has been in effect since July 1, 2018. It contains three important developments for the fair treatment of PhD candidates. For the first time, the CLA explicitly states the duration of the employment contract: "in principle, it will be four years." PhD candidates are now also entitled to an extension of their contract during parental leave. Finally, the option of an internship during their PhD has been added. PNN has advocated for all these points for years, and it is therefore gratifying to see that they are reflected in the new CLA. However, this does not mean that attention can be relaxed: PNN will carefully monitor compliance with the new rules and will continue to raise other issues.

Four years

PNN, like the Royal Netherlands Academy of Arts and Sciences (KNAW), the Rathenau Institute, and the Netherlands Organisation for Scientific Research (NWO), believes that PhD candidates should be given four years to conduct their research for the sake of quality. Our Employment Conditions Monitor over the past two years has shown that while a large proportion (84.4% in 2016) of PhD candidates are appointed for four years (full-time), many shorter-term contracts are also offered. Moreover, we believe that many dubious contracts remain undetected. These could include excessive teaching responsibilities or working part-time on paper but full-time in practice. It is therefore crucial that the negotiating agreement include the following new provision:

The duration of the employment contract is set at the start at a fixed term. A PhD candidate's contract is generally four years based on a full-time position. In the case of a part-time position or a transition to part-time, the duration of the contract is extended proportionally.

The legal value of a provision like this is difficult to predict. PNN believes it should be interpreted to mean that, in the vast majority of cases, PhD programs must last at least four years (full-time). Structurally offering shorter contracts, as is currently common practice at some institutes or faculties, is therefore not permitted. If a university wishes to offer a PhD program of shorter duration, this is only permitted if there are good (personal) reasons for doing so that relate to the PhD candidate in question. This should not be assumed too hastily. A three-year vacancy is therefore practically unacceptable: in that case, the PhD candidate's personal circumstances are not taken into account. PNN will therefore strongly oppose this.

Parental leave

Parental leave has been a major problem for PhD candidates until now. Although the old collective labor agreement allowed PhD candidates to take parental leave, this did not often lead to an extension of the dissertation process, as the University of Groningen admitted in 2014. In fact, the right to parental leave was of no use to PhD candidates: PhD candidates who took parental leave were effectively required to complete their dissertations several months faster than other PhD candidates. This put young parents at a disadvantage right from the start of their academic careers. PNN is therefore very pleased that the new collective labor agreement now stipulates:

“that the employment contract with a PhD candidate will be extended at her/his request by the duration of the maternity and childbirth leave taken and, with effect from 1 July 2018, parental leave taken, insofar as this leave was taken during the PhD period;”

The only point is that PhD candidates must take the initiative themselves. Of course, they can only do this if they are aware of this possibility. To ensure this, PNN will be focusing on providing information in the coming period. This way, every PhD candidate receives what they are entitled to.

Internship

A PhD position is no longer necessarily a preparation for an academic career: a staggering 80% of PhD candidates find employment outside the university. For this reason, PNN launched the Professional PhD Program in 2015, which enabled PhD candidates to gain experience in government or industry during their PhD programs. Conversely, companies and government institutions are introduced to the valuable (research) skills of PhD candidates. In practice, however, it turned out that not all PhD candidates were given the freedom to do an internship by their institution. This should now be a thing of the past. The new collective labor agreement stipulates:

That a PhD candidate may be given the opportunity to complete an internship of up to six months during their employment. In that case, the candidate's employment can be temporarily interrupted and resumed afterward. The PhD candidate may also opt for a part-time internship, provided it does not exceed six times their monthly working hours. In the case of a part-time internship, the candidate's employment will be temporarily adjusted pro rata. After the full-time or part-time internship, the employment will be resumed or extended, respectively, in proportion to the duration and scope of the internship.

This provision means that any PhD candidate can temporarily pause their dissertation (full-time or part-time) for an internship. The internship may or may not be funded by the institution where the internship is completed (i.e., not by the university). The university is then obligated to extend the employment contract for the duration of the internship.

Keep improving

The new collective labor agreement (CLA) includes significant improvements for PhD candidates. However, it is crucial that these new rights are respected. Are you experiencing any issues? Please don't hesitate to contact us. Furthermore, there's still work to be done: we continue to focus on issues such as continuing to work while receiving unemployment benefits (WW), preparing for teaching duties, and providing (mental) guidance and support for PhD candidates, including reducing mental stress. See our Action Plan for our priorities .

Photo by Neil Thomas on Unsplash