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

1976R1860 — EN — 15.03.1987 — 004.001

This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents

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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

—the director and deputy director of the Foundation,

—the staff of the Foundation,

—the local staff of the Foundation.

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.

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.

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; fixed-term contracts may be renewed on the same basis once only. Any subsequent renewal shall be for an indefinite period.

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:

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.

A staff member assigned to a post in a higher grade than at which he was engaged shall, in his new grade, have the seniority corresponding to the notional step equal to or next above the notional step reached in his former grade, plus the amount of the two-yearly increment for his new grade.

For the purpose of this provision, each grade shall be divided into notional steps corresponding to months of service and notional salaries, rising by one twenty-fourth of the two-yearly increment for that grade, throughout the span of the actual steps. In no case shall the staff member receive in his new grade a basic salary lower than that which he would have received in his former grade.

A staff member assigned to a post in a higher grade than that at which he was engaged shall be classified not lower than the initial step for that grade.

Article 5a

The ability, efficiency and conduct in the service of each staff member shall be the subject of a periodical report made at least once every two years as provided for by the director in agreement with the Commission of the European Communities after consulting the Staff Committee of the Foundation.

Article 6

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.

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 elective public office shall apply for leave on personal grounds for a period not exceeding three months.

The director shall consider the case of any staff member elected to such office. Having regard to the importance of the office and the duties it entails, the director shall decide whether the staff member concerned should continue in active employment or apply for leave on personal grounds. In the latter case, the duration of the leave shall be equal to the term for which the staff member has been elected. Where the employee has a fixed-term contract, however, the duration of leave on personal grounds shall not exceed the unexpired period of the contract.

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 or of the relevant safety standards.

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.

A staff member assigned by the director of the Foundation to teaching duties under the further training and instruction scheme provided for in the third paragraph may be granted an allowance on the conditions laid down in Article 9a of Annex IV.

Article 21

Staff shall be entitled to exercise the right 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

Staff shall be selected without reference to race, creed or sex.

No posts shall be reserved for nationals of any specific Member State.

(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).

Where a negative medical opinion is given as a result of the medical examination provided for in the first paragraph, the candidate may, within twenty days of being notified of this opinion by the Foundation, request that his case be submitted for the opinion of a medical committee composed of three doctors chosen by the director from among the Community's medical officers. The doctor responsible for the initial negative opinion shall be heard by the medical committee. The candidate may refer the opinion of a doctor of his choice to the medical committee. Where the opinion of the medical committee confirms the conclusions of the medical examination provided for in the first paragraph, the candidate shall pay 50 % of the fees and of the incidental costs.

Article 25

A staff member may be required to serve a probationary period not exceeding six months.

Where, during his probationary period, a staff member is prevented, by sickness or accident, from performing his duties for one duties for one month or more, the director may extend his probationary period by the corresponding length of time.

Not less than one month before the expiry to the probationary period, a report shall be made on the ability of the staff member to perform the duties pertaining to his post and also on his efficiency and conduct in the service. This report shall be communicated to the person concerned, who shall have the right to submit his comments in writing. A probationer whose work has not proved adequate for establishment in his post shall be dismissed.

A report on the probationer may be made at any time during the probationary period if his work is proving obviously inadequate. The report shall be communicated to the person concerned, who shall have the right to submit his comments in writing. On the basis of the report the director may decide to dismiss the probationer before the end of the probationary period, giving him one month's notice; the period of service may not, however, exceed the normal probationary period.

A dismissed probationer shall receive compensation equal to one third of his basic salary for each full month of the probationary period served.

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