COUNCIL REGULATION (ECSC, EEC, EURATOM) No 1860/76 of 29 June 1976 laying down the Conditions of Employment of Staff of the European Foundation for the Improvement of Living and Working Conditions
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to Council Regulation (EEC) No 1365/75 of 26 May 1975 on the creation of a European Foundation for the Improvement of Living and Working Conditions (1), and in particular Article 17 thereof,
Having regard to the proposal from the Commission,
Whereas it is for the Council, acting on a proposal from the Commission, to adopt provisions governing the staff of this Foundation,
HAS ADOPTED THIS REGULATION:
TITLE I GENERAL PROVISIONS
Article 1
1. These Conditions of Employment shall apply to: - the director and deputy director of the Foundation,
- the staff of the Foundation,
- the local staff of the Foundation.
2. For the purposes of these Conditions of Employment, staff engaged to fill a post which is included in the budget of the Foundation shall be regarded as staff of the Foundation.
3. For the purposes of these Conditions of Employment, "local staff" means staff engaged according to local practice for manual or service duties, assigned to a post not included in the list of posts appended to the budget of the Foundation and paid from the total appropriations for the purpose under the budget.
4. The director, who shall be nominated by the Commission of the European Communities, shall be engaged in a post which is included in the list of posts appended to the budget of the Foundation for the purpose of exercising the duties provided for in Article 9 of Regulation (EEC) No 1365/75.
The deputy director, who shall be nominated by the Commission of the European Communities, shall be engaged in a post which is included in the list of posts appended to the budget of the Foundation for the purpose of assisting the director and replacing him should he be absent or otherwise prevented from performing his duties.
5. The director has the power to conclude contracts of employment with the staff referred to in paragraphs 2 and 3.
The chairman of the Administrative Board of the Foundation shall have the power to sign the contracts of employment with the director and deputy director. (1)No L 139, 30.5.1975, p. 1.
TITLE II THE STAFF OF THE FOUNDATION
CHAPTER 1
Article 2
Staff may be engaged for a fixed or indefinite period.
Fixed-term contracts may not be concluded for periods of more than five years and shall be renewable.
Article 3
Staff shall not be engaged for any purpose other than that of filling, in accordance with this Title, vacant posts included in the list of posts appended to the budget of the Foundation. Every vacant post which is to be filled shall be advertised in an appropriate manner. The advertising procedure shall be established by the Administrative Board.
Article 4
Staff shall be divided into four categories, subdivided into grades corresponding to the duties to be performed.
Staff shall be graded according to qualifications and experience.
The following table shows the corresponding grade for each basic post: PIC FILE= "T
By reference to this table, the Administrative Board shall, by agreement with the Commission of the European Communities, define the duties and powers attaching to each basic post.
Article 5
The grade and step at which staff are engaged shall be stated in their contract.
A staff member shall be recruited at the first step in his grade. However, the director may, taking account of the training and special experience for the post of the person concerned, allow additional seniority in his grade. This shall not exceed 48 months.
Assignment of staff to a post carrying a higher grade than that at which they were engaged shall be recorded in an agreement supplementary to their contract of employment.
Article 6
1. A Staff Committee shall be set up which shall perform the duties assigned to it by these Conditions of Employment.
2. The composition and procedure of this Committee shall be determined by the Administrative Board of the Foundation in accordance with Annex I.
3. The Staff Committee shall represent the interests of the staff vis-à-vis the Foundation and maintain continuous contact between the Foundation and the staff. It shall contribute to the smooth running of the Foundation by providing a channel for the expression of opinion by the staff.
It shall bring to the notice of the director any difficulty having general implications concerning the interpretation and application of these Conditions of Employment. It may be consulted on any difficulty of this kind.
The Committee shall submit to the director suggestions concerning the organization and operation of the service and proposals for the improvement of staff working conditions or general living conditions.
4. A staff member whose contract is for more than one year or for an indefinite period shall be entitled to vote in elections and stand for election to the Staff Committee.
A staff member whose contract is for less than one year shall also be entitled to vote if he has been employed by the Foundation for at least six months.
CHAPTER 2 Rights and obligations
Article 7
Staff shall carry out their duties and conduct themselves solely with the interests of the Foundation in mind ; they shall neither seek nor take instructions from any government, authority, organization or person outside the Foundation.
They shall not without the permission of the director accept from any government or from any other source outside the Foundation any honour, decoration, favour, gift or payment of any kind whatever, except for services rendered either before engagement or during leave for military or other national service and in respect of such service.
Article 8
Staff shall abstain from any action and, in particular, any public expression of opinion which may reflect on their position.
They may not engage in an outside activity, whether gainful or not.
Article 9
If the spouse of a staff member is in gainful employment, the staff member shall inform the director thereof.
Should the nature of the employment prove to be incompatible with that of the staff member and if the staff member is unable to give an undertaking that it will cease within a specified period, the director shall decide whether he is to continue in his post.
Article 10
Any staff member who in the performance of his duties is called upon to decide on a matter in the handling or outcome of which he has a personal interest such as to impair his independence shall inform the director thereof.
Article 11
A staff member who is a candidate for parliamentary election shall apply for unpaid leave for a period not exceeding three months.
The director shall consider the case of any staff member so elected. Having regard to the importance of the position to which the staff member has been elected and the duties it entails, the director shall decide whether the staff member concerned should continue in active employment or apply for unpaid leave. In the latter case, the duration of the leave shall be equal to the term for which the staff member has been elected.
Article 12
After leaving the service staff shall continue to be bound by the duty to behave with integrity and discretion as regards the acceptance of certain appointments or benefits.
Article 13
Staff shall exercise the greatest discretion with regard to all facts and information coming to their knowledge in the course of or in connection with the performance of their duties ; they shall not in any manner whatsoever disclose to any unauthorized person any document or information not already made public. They shall continue to be bound by this obligation after leaving the service.
Staff members shall not, whether alone or together with others, publish or cause to be published, without the permission of the director, any matter dealing with the work of the Foundation. Permission shall be refused only where the proposed publication is liable to prejudice the interests of the Foundation.
Article 14
All rights in any writings or other work done by staff in the performance of their duties shall be the property of the Foundation.
Article 15
Staff shall not, without permission from the director, disclose on any grounds whatsoever, in any legal proceedings information of which they have knowledge by reason of their duties. Permission shall be refused only where the interests of the Foundation so require and such refusal would not entail criminal consequences as far as the staff member in question is concerned. Staff shall continue to be bound by this obligation after leaving the service.
The preceding paragraph shall not apply to staff or former staff giving evidence before the Court of Justice of the European Communities on a matter concerning staff or former staff of the Foundation.
Article 16
Staff shall reside either in the place where they are employed or at no greater distance therefrom than is compatible with the proper performance of their duties.
Article 17
Whatever his rank, a staff member shall assist and tender advice to his superiors ; he shall be responsible for the performance of the duties assigned to him.
A staff member in charge of any branch of the service shall be responsible to his superiors in respect of the authority conferred on him and for carrying out instructions given by him. The responsibility of his subordinates shall in no way release him from his own responsibilities.
A staff member who receives instructions which he considers to be irregular or likely to give rise to serious difficulties shall inform his immediate superior thereof, if necessary in writing. If he then receives written confirmation of the instructions from his superior, he shall carry them out unless they constitute a breach of criminal law.
Article 18
A staff member may be required to make good, in whole or in part, any damage suffered by the Foundation as a result of serious misconduct on his part in the course of or in connection with the performance of his duties.
A reasoned decision shall be given by the director in accordance with the procedure laid down with regard to disciplinary matters.
The Court of Justice of the European Communities shall have unlimited jurisdiction in disputes arising under this provision.
Article 19
The privileges and immunities enjoyed by staff are accorded solely in the interests of the Foundation. Subject to the Protocol on Privileges and Immunities of the European Communities, staff shall not be exempt from fulfilling their private obligations or from complying with the laws and police regulations in force.
Article 20
The Foundation shall assist every staff member, in particular in proceedings against any person perpetrating threats, insulting or defamatory acts or utterances, or any attack to person or property to which he or a member of his family is subjected by reason of his position or duties.
It shall compensate him for damage suffered in such cases, in so far as the staff member did not either intentionally or through grave negligence cause the damage and has been unable to obtain compensation from the person who did cause it.
It shall facilitate such further training and instruction for staff as is compatible with the proper functioning of the service and is in accordance with its own interests.
Article 21
Staff shall be entitled to exercise the tight of association ; they may in particular be members of trade unions or staff associations.
Article 22
Staff may submit requests to the director.
Any decision relating to a specific individual which is taken under these Conditions of Employment shall, without delay, be communicated in writing to the staff member concerned. Any decision adversely affecting a staff member shall state the reasons on which it is based.
Specific decisions regarding the administrative status of a staff member shall be posted without delay in the premises of the Foundation.
CHAPTER 3 Conditions of engagement
Article 23
1. The engagement of staff shall be directed to securing for the Foundation the services of persons of the highest standard of ability, efficiency and integrity, recruited on the broadest possible geographical basis from among nationals of the Member States of the European Communities.
Staff shall be selected without reference to race, creed or sex.
No posts shall be reserved for nationals of any specific Member State.
2. A staff member may be engaged only on condition that: (a) he is a national of one of the Member States of the European Communities, unless an exception is authorized by the Administrative Board, and enjoys his full rights as a citizen;
(b) he has fulfilled any obligations imposed on him by the laws concerning military service;
(c) he produces the appropriate character references as to his suitability for the performance of his duties;
(d) he is physically fit to perform his duties ; and
(e) he produces evidence of a thorough knowledge of one of the languages of the European Communities and of a satisfactory knowledge of another language of the Communities to the extent necessary for the performance of his duties.
Article 24
Before being engaged, a staff member shall be medically examined by a medical practitioner appointed by the Foundation in order that the Foundation may be satisfied that he fulfils the requirements of Article 23 (2) (d).
Article 25
A staff member may be required to serve a probationary period not exceeding six months.
On expiry of the probationary period, the employment of a staff member whose work has not proved adequate shall be terminated. In such case, the staff member shall receive compensation equal to one-third of his basic salary for each complete month worked on probation.
CHAPTER 4 Working conditions
Article 26
Staff in active employment shall at all times be at the disposal of the Foundation.
However, the normal working week shall not exceed 42 hours, the hours of the working day to be determined by the director.
Article 27
Staff may not be required to work overtime except in cases of urgency or exceptional pressure of work ; night work and all work on Sundays or public holidays shall be authorized only in accordance with the procedure laid down by the director. The total overtime which a staff member may be asked to work shall not exceed 150 hours in any six months.
Overtime worked by staff in Categories A and B shall carry no right to compensation or remuneration.
As provided in Annex II, overtime worked by staff in Categories C and D shall entitle them either to compensatory leave or to remuneration where the requirements of the service do not allow compensatory leave during the month following that in which the overtime was worked.
Article 28
Staff shall be entitled to annual leave of not less than 24 working days nor more than 30 working days per calendar year, in accordance with rules to be laid down by the Administrative Board in agreement with the Commission of the European Communities, after consulting the Staff Committee.
Apart from this annual leave, staff may exceptionally, on application, be granted special leave. The rules relating to such leave are laid down in Annex III.
Article 29
Pregnant women shall, in addition to the leave provided for in Article 28, be entitled on production of a medical certificate to leave starting six weeks before the excepted date of confinement shown in the certificate and ending eight weeks after the date of confinement ; such leave shall not be for less than 14 weeks.
Article 30
1. A staff member who provides evidence of incapacity to perform his duties because of sickness or accident shall automatically be entitled to paid sick leave.
He shall notify the Foundation of his incapacity as soon as possible and at the same time state his present address. He shall produce a medical certificate if he is absent for more than three days. He may be required to undergo a medical examination arranged by the Foundation.
If, over a period of 12 months, a staff member is absent for up to three days because of sickness for a total of more than 12 days, the director shall take a decision on the advice of the medical practitioner designated by the Foundation after consulting a medical practitioner designated by the staff member.
Paid sick leave shall not, however, exceed the length of time, which must in any event be not less than one month, worked by the staff member. The leave shall not extend beyond the term of his contract.
On expiry of these time limits, a staff member whose contract is not terminated, despite his inability to resume his duties, shall be placed on unpaid leave.
However, where a staff member contracts an occupational disease or sustains an accident in the performance of his duties, he shall continue to receive his full remuneration throughout the period during which he is incapable of working until such time as he is awarded the benefits laid down for this purpose by the national laws that are applicable pursuant to Article 38.
2. Staff shall undergo a medical check-up every year either by a medical practitioner designated by the Foundation or by a medical practitioner of their choice.
In the latter case, the practitioner's fees shall be payable by the Foundation up to a maximum fixed by the Administrative Board.
Article 31
Except in case of sickness or accident, a staff member may not be absent without prior permission from his immediate superior. Without prejudice to any disciplinary measures that may apply, any unauthorized absence which is duly established shall be deducted from the annual leave of the person concerned. If he has used up his annual leave, he shall forfeit his remuneration for an equivalent period.
If a staff member wishes to spend sick leave elsewhere than at the place where he is employed, he shall obtain prior permission from the director.
Article 32
A list of public holidays shall be drawn up by the Administrative Board in agreement with the Commission of the European Communities after consulting the Staff Committee.
Article 33
In exceptional circumstances a staff member may at his own request be granted unpaid leave on compelling personal grounds. The director shall determine the length of such leave, which shall not exceed one-quarter of the length of time already worked by the staff member concerned or three months, whichever is the shorter.
Any period of leave granted in accordance with the first paragraph shall not count for purposes of the application of the second paragraph of Article 35.
Article 34
A staff member who is recalled to serve in the armed forces shall be placed on leave with full remuneration, for a period equal to the length of time worked by him, up to a maximum of three months. At the end of this period he shall, for the remainder of his service in the armed forces and up to a maximum of half the length of time worked by him, receive compensation equal to one-third of his basic salary. At the end of this further period he shall be placed on unpaid leave.
However, the payments provided for in the preceding paragraph shall be reduced by the amount of service pay received by the person concerned during the relevant period.
CHAPTER 5 Remuneration and expenses
Article 35
In accordance with Annex IV a staff member shall be entitled to the remuneration carried by his grade and step.
A staff member who has been at one step in his grade for two years shall automatically advance to the next step in that grade.
Article 36
In the event of a staff member's death, the surviving spouse or dependent children shall receive the deceased's full remuneration until the end of the third month after the month in which the death occurred.
Article 37
A staff member shall be entitled, as provided for in Annex IV, to reimbursement of expenses incurred by him on taking up appointment or leaving the service, and also to reimbursement of expenses incurred in the course of or in connection with the performance of their duties.
CHAPTER 6 Social security benefits
Article 38
1. So that staff members are insured against sickness, accident, invalidity and death and can build up a retirement pension, they shall be subject to the social security laws in force in the Member State in which they are employed.
However, as regards the provisions other than those relating to family allowances (regulations for the granting of which are provided for in Annex IV), staff members may choose between the legislation of the aforesaid Member State, that of the Member State to which they were last subject or that of the Member State of which they are nationals. This choice, which may be exercised only once within six months of the date on which the contract of employment is concluded or this Regulation enters into force, shall have effect from the date of entry into service.
The Foundation shall pay the employer's contributions required under the legislation applicable where the staff member is affiliated to a compulsory social security scheme, or two-thirds of the member's contributions where he remains voluntarily affiliated to the national social security scheme of which he was a member before he entered the service of the Foundation or voluntarily joins a national social security scheme.
2. Where it is not possible to apply paragraph 1, staff members shall be insured, at the expense of the Foundation, against sickness, accident, invalidity and death and for the provision of a retirement pension, for the equivalent of the two-thirds share specified in paragraph 1. Detailed rules for applying the foregoing shall be laid down by the Administrative Board after consultation with the Staff Committee.
Article 39
1. On the birth of a child to a staff member, the member shall receive a grant of Bfrs 7 000.
2. The grant provided for in paragraph 1 shall also be payable in the event of termination of pregnancy after not less than seven months.
3. A staff member receiving a grant on the birth of a child shall declare any grants of the same nature which he or his spouse receive from other sources for the same child ; such grants shall be deducted from the grant provided for above. If the father and mother are members of the staff of the Foundation, the grant shall be paid to the mother only.
Article 40
In the event of a staff member's death, the Foundation shall bear the costs involved in transporting the body to his place or origin.
Article 41
Gifts, loans or advances may be made to staff members who are in a particularly difficult position as a result, inter alia, of serious or protracted illness or by reason of family circumstances.
The foregoing paragraph shall apply by analogy to a former staff member after expiry of his contract where, as a result of a serious or protracted illness contracted, or of an accident sustained during his employment, he is incapable of working and proves that such illness or accident is not covered by another social security scheme.
CHAPTER 7 Recovery of overpayments
Article 42
Any sum overpaid shall be recovered if the recipient was aware that there was no due reason for the payment or if the fact of the overpayment was patently such that he could not have been unaware of it.
CHAPTER 8 Appeals
Article 43
1. Any person to whom these Conditions of Employment apply may submit to the director a request that he take a decision relating to him. The director shall notify the person concerned of his reasoned decision within four months from the date on which the request was made. If at the end of that period no reply to the request has been received, this shall be deemed to constitute an implied decision rejecting it, against which a complaint may be lodged in accordance with paragraph 2.
2. Any person to whom these Conditions of Employment apply may submit to the Administrative Board a complaint against an act adversely affecting him, either where the director has taken a decision or where he has failed to adopt a measure prescribed by the Conditions of Employment. The complaint must be lodged within three months. The period shall start to run: - on the date of notification of the decision to the person concerned, but in no case later than the date on which he became aware of the decision, if the measure affects a specified person ; if, however, an act affecting a specified person also adversely affects another person, the period shall start to run in respect of that other person on the date on which he receives notification thereof but in no case later than the date of publication;
- on the date of expiry of the period prescribed for reply where the complaint concerns an implied decision rejecting a request as provided in paragraph 1.
The Administrative Board shall notify the person concerned of its reasoned decision within four months from the date on which the complaint was lodged. If at the end of that period no reply to the complaint has been received, this shall be deemed to constitute an implied decision rejecting it, against which an appeal may be lodged under Article 44.
3. A request or complaint by a staff member shall be submitted through his immediate superior, except where it concerns that person, in which case it may be submitted direct to the authority next above.
Article 44
1. The Court of Justice of the European Communities shall have jurisdiction in any dispute between the Foundation and any person to whom these Conditions of Employment apply regarding the legality of an act adversely affecting such person within the meaning of Article 43 (2). In disputes of a financial character the Court of Justice shall have unlimited jurisdiction.
2. An appeal to the Court of Justice of the European Communities shall lie only if: - the Administrative Board has previously had a complaint submitted to it pursuant to Article 43 (2) within the period prescribed therein, and
- the complaint has been rejected by express or implied decision.
3. Appeals under paragraph 2 shall be filed within three months. The period shall begin: - on the date of notification of the decision taken in response to the complaint;
- on the date of expiry of the period prescribed for the reply where the appeal is against an implied decision rejecting a complaint submitted pursuant to Article 43 (2) ; nevertheless, where a complaint is rejected by express decision after being rejected by implied decision but before the period for lodging an appeal has expired, the period for lodging the appeal shall start to run afresh.
4. By way of derogation from paragraph 2, the person concerned may, after submitting a complaint to the Administrative Board pursuant to Article 43 (2), immediately file an appeal with the Court of Justice, provided that such appeal is accompanied by an application either for a stay of execution of the contested act or for the adoption of interim measures. The proceedings in the principal action before the Court of Justice shall then be suspended until such time as an express or implied decision rejecting the complaint is taken.
5. Appeals under this Article shall be investigated and heard as provided in the Rules of Procedure of the Court of Justice of the European Communities.
CHAPTER 9 Termination of employment
Article 45
Apart from cessation on death, employment shall cease: 1. where the contract is for a fixed period: (a) on the date stated in the contract;
(b) at the end of the period of notice specified in the contract, where the latter contains a clause giving the staff member or the Foundation the option to terminate earlier. Such period of notice shall be not more than three months;
(c) at the end of the month in which the staff member reaches the age of 65 years.
If the Foundation terminates the contract, the staff member shall be entitled to compensation equal to one-third of his basic salary for the period between the date when his duties end and the date when his contract expires;
2. where the contract is for an indefinite period: (a) at the end of the period of notice stipulated in the contract ; the length of the period of notice shall not be less than two days for each completed month of service, subject to a minimum of 15 days and a maximum of three months. The period of notice shall not, however, commence to run during maternity leave or sick leave, provided such sick leave does not exceed three months. It shall, moreover, be suspended during maternity or sick leave subject to the limit aforesaid;
(b) at the end of the month in which the staff member reaches the age of 65 years.
Article 46
Employment, whether for a fixed or for an indefinite period: 1. shall be terminated by the Foundation without notice if the staff member is called to serve in the armed forces;
2. may be terminated by the Foundation without notice: (a) at the end of the probationary period in accordance with the second paragraph of Article 25;
(b) without prejudice to Article 11, if the staff member is elected to public office and the director considers such public office to be incompatible with the discharge of his normal duties with the Foundation;
(c) if the staff member ceases to satisfy the requirements of Article 23 (2) (a) and (d);
(d) if the staff member is unable to resume his duties at the end of a period of paid sick leave as provided for in Article 30. In such case the staff member shall receive an allowance equal to his basic salary plus family allowances at the rate of two days for each completed month of service.
Article 47
1. Employment may be terminated without notice on disciplinary grounds in serious cases of failure of staff to comply with their obligations, whether intentionally or through negligence on their part. A reasoned decision shall be taken by the director after the person concerned has had an opportunity to submit his defence.
2. In such cases the director may decide to withhold in whole or in part the resettlement allowance provided for in Annex IV.
Article 48
1. The employment of a staff member shall be terminated by the Foundation, without notice if the director finds: (a) that at the time of his engagement he deliberately furnished false information as to either his professional ability or the requirements of Article 23 (2) ; and
(b) that the false information furnished was a determining factor in his being engaged.
2. In such case the director shall, after hearing the staff member concerned, declare that his employment is terminated. The staff member shall then immediately cease to perform his duties. Article 47 (2) shall apply.
TITLE III LOCAL STAFF
Article 49
Subject to the provisions of this Title, the conditions of employment of local staff, in particular: (a) the manner of their engagement and termination of their contract,
(b) their leave, and
(c) their remuneration,
shall be determined by the Administrative Board in agreement with the Commission of the European Communities in accordance with current rules and practice in the place where they are to perform their duties.
Article 50
As regards social security, the Foundation shall be responsible for the employer's share of the social security contributions under current regulations in the place where the local staff are to perform their duties.
Article 51
Any dispute between the Foundation and a member of the local staff shall be submitted to the competent court in accordance with the laws in force in the place where the member of the local staff concerned performs his duties.
Article 52
A member of the local staff whose contract is for more than one year or for an indefinite period shall be entitled to vote in elections and stand for election to the Staff Committee. A member of the local staff whose contract is for less than one year shall also be entitled to vote if he has been employed for at least six months.
TITLE IV THE DIRECTOR AND THE DEPUTY DIRECTOR
Article 53
1. Without prejudice to Article 54, the provisions applicable to the director and deputy director shall be determined by the Administrative Board.
2. The deputy director shall assist the director and replace him when he is absent or otherwise prevented from carrying out his duties.
Article 54
Articles 3, 7, 8, 10, 12, 13, 15, 16, 18, 19, 20 and 21, concerning rights and obligations, and Articles 43 and 44 concerning appeals by staff of the Foundation shall apply by analogy to the director and the deputy director.
TITLE V PRIVILEGES AND IMMUNITIES
Article 55
Articles 12 to 16 of the Protocol on the Privileges and Immunities of the European Communities shall apply to staff of the Foundation as well as to the director and the deputy director.
Local staff shall be covered by Article 12 (a) of this Protocol.
TITLE VI TAXATION
Article 56
Council Regulation (EEC, Euratom, ECSC) No 260/68 of 29 February 1968 laying down the condition and procedure for applying the tax for the benefit of the European Communities (1) shall apply by analogy to staff of the Foundation as well to the director and deputy director.
Tax shall be collected by the Foundation by means of deduction at source. The tax proceeds shall be entered as revenue in the budget of the European Communities.
TITLE VII FINAL PROVISION
Article 57
The general provisions for giving effect to these Conditions of Employment shall be adopted by the Administrative Board, with the agreement of the Commission of the European Communities, on a proposal from the director and after consulting the Staff Committee.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Luxembourg, 29 June 1976.