OpenLegislation

Article 7 Appointments

United Kingdom

Original text. Later amendments are not shown.

1.

Duration

(a)

Staff members recruited to permanent posts shall be appointed for an initial period of four years. The contract shall state that, not later than by the end of the third year of their appointment, they will be informed either:

  1. (i)

    that their appointment will not be extended; or

  2. (ii)

    that their appointment will be extended for an indefinite duration; or

  3. (iii)

    that their appointment will be extended for a fixed period, which shall not exceed four years, if the Director considers it inappropriate to grant an indefinite appointment at that stage. Not later than one year before expiry of that extension, the staff member concerned shall be informed either that his appointment will not be extended, or that his appointment will be extended for an indefinite duration.

(b)

The contracts of staff members recruited in temporary posts shall not exceed four years. They may be renewed, for a maximum period of four years.

(c)

At the termination of the employment, the staff members are entitled to an indemnity for loss of employment or a fixed-term contract allowance calculated under the provisions of Annex I.

2.

Probationary period

The first six months of initial contracts shall be a probationary period beginning on the date of entry into service, subject to the following:

  1. (a)

    where, during his probationary period a staff member is prevented, by sickness or accident, from performing his duties for one month or more, the director may extend his probationary period by the corresponding length of time; the total length of probationary period shall in no circumstances exceed 12 months;

  2. (b)

    at the end of 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 conduct and efficiency in the service. That report shall be communicated to the staff member;

  3. (c)

    a staff member whose performance has not proved adequate to justify retention in his post shall be dismissed;

  4. (d)

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

  5. (e)

    on the basis of the report, the Director may decide to dismiss the 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 normal probationary period;

  6. (f)

    a staff member who is dismissed during the probationary period following a negative report shall not be entitled to compensation for fixed-term contract allowance.

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 SATCEN may terminate or not renew contracts in the following cases:

  1. (i)

    as a result of the discontinuation of the budget post occupied by the staff member, or if the duties attached to the staff member's post are modified in such a way that he no longer possesses the necessary qualifications and experience for the post, and no adequate alternative post can be found for him in the SATCEN;

  2. (ii)

    because of the professional inadequacy of the staff member, duly recorded in two successive reports, as defined in Article 26;

  3. (iii)

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

  4. (iv)

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

  5. (v)

    following a transfer of the headquarters of the SATCEN, by a distance of over 100 kilometres, from the location where the staff member was engaged, and the refusal of the staff member to be transferred;

  6. (vi)

    following the withdrawal of security clearance from the staff member for reasons other than disciplinary ones;

  7. (vii)

    following any disciplinary procedures that have established a misdemeanour or responsibility of the staff member as defined in Chapter VII or which has resulted in the withdrawal of his security clearance.

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

(b)

A staff member may terminate his contract with three months' notice for any personal reasons that he is not required to state.

4.

Compensation for loss of employment and fixed-term Contract Allowance.

(a)

For staff members holding an Indefinite Contract:

  • Other than for disciplinary reasons, the termination of a contract by the SATCEN shall entail compensation under the conditions set out in Annex I.

  • The termination of a contract by a staff member shall not entitle him to loss of employment indemnity.

(b)

For staff members holding a fixed-term Contract:

  • Other than for disciplinary reasons, the termination or non-renewal of a contract by the SATCEN shall entail compensation under the conditions set out in Annex I.

  • The termination of a contract or the non-acceptance of the offer of renewal of a contract by a staff member shall not entitle him to a fixed-term Contract Allowance.

5.

Reduced notice of termination

If the interests of the service so require, the period of notice set out in paragraph 3(a) may be reduced by the SATCEN; in that case, the staff member concerned shall be entitled to the payment of an additional sum representing the salary and allowances that he would have received if the actual date of expiry of his contract had coincided with the end of a six-month period of notice.

This paragraph shall not apply in the case of termination for disciplinary reasons.