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Article 7 Appointments

United Kingdom

Original text. Later amendments are not shown.

1.

Contracts

Contracts shall be of three years duration. The Director may extend the contract for similar or shorter fixed periods. The contract staff member shall be informed at least six months before expiry whether his or her contract will be extended for a new fixed term.

For senior analysts, the total number of contracts offered shall not exceed a total period of five years. For all other staff, such total period shall be of nine years. In exceptional cases the Director may, in the interest of the service, extend the contract beyond the statutory nine years for a period of less than 12 months.

Where a contract staff member has already accumulated 10 years of pension rights in the Coordinated Organisations Pension Schemes on 1 August 2016, no limitation shall apply with regard to the total period of contracts.

Where a contract staff member has an ongoing contract on 1 August 2016, and on completion of that contract will have accumulated more than nine years of continuous service with the Institute, that contract shall be considered an indefinite term contract on attainment of 10 years of continuous service.

2.

Probationary period

(a)

The first nine months of initial contracts shall be a probationary period beginning on the date of entry into service.

(b)

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

(c)

One month before the end of the probationary period, a report shall be made on the ability of the contract staff member to perform the duties pertaining to his or her post and also on his or her conduct and efficiency in the service. This report shall be communicated to the contract staff member.

(d)

The contract staff member whose performance has not proved adequate to justify retention in his or her post shall be dismissed.

(e)

A report on the contract staff member may be made at any time during the probationary period if his or her performance is obviously proving inadequate. The report shall be communicated to the person concerned.

(f)

On the basis of the report, the Director may decide to dismiss the contract staff member before the end of the probationary period by giving him one month's notice. The period of service may not, however, exceed the probationary period.

(g)

A contract staff member who is dismissed during the probationary period following a negative report shall not be entitled to an indemnity for loss of job.

(h)

The probationary period shall form an integral part of the period of the initial contract. It shall count towards seniority and pension rights.

3.

Termination of contracts

(a)

The Institute may terminate or not extend contracts in the following cases:

  1. (i)

    At the date stated in the contract;

  2. (ii)

    As a result of the suppression of the budget post occupied by the contract staff member, or if the duties attached to the contract staff member's post are modified in such a way that he or she no longer possesses the necessary qualifications and experience for the post;

  3. (iii)

    Because of the professional inadequacy of the contract staff member, duly recorded in two successive reports within six months, as defined in Articles 24(3) and 26(4);

  4. (iv)

    Through physical unfitness of the contract staff member that has occurred while serving and which has been confirmed by the invalidity board pursuant to Article 6(4);

  5. (v)

    Following the withdrawal from the Board of the Member State of which the contract staff member is a national;

  6. (vi)

    Following the transfer of the place of employment by a distance of over 100 km, from the location where the contract staff member was hired, and the refusal of the contract staff member to be transferred;

  7. (vii)

    Following any disciplinary procedures that have established a misdemeanour or responsibility of the contract staff member as defined in Chapter VII.

In the cases mentioned under (i) to (vi), contracts shall be terminated or not extended with six months' notice, in the case mentioned under (vii) with one month's notice.

(b)

The contract staff member may terminate his or her contract with three months' notice for any personal reasons that he or she is not required to divulge.

4.

Indemnity for loss of job

Termination or non-extension of a contract by the Institute for other than disciplinary reasons, shall entail compensation under the conditions set out in Annex I.

5.

Reduced notice of termination

If the interests of the service so require, the period of notice provided for under point (a) of paragraph 3 may be reduced. In that case the contract staff member concerned shall be entitled to the payment of an additional sum representing the salary and allowances that he or she would have received if the actual date of expiry of his or her contract had coincided with the end of a six-month period of notice.

These provisions shall not apply in the case of termination for disciplinary reasons.