Rationale
1. Whereas Article 15a of the Council Joint Action 2008/124/CFSP of 4 February 2008 as amended by Council Decision 2021/904 CFSP of 03 June 2021 permits EULEX-Kosovo to conclude contracts of employment on its own behalf,
2. Whereas Article 10.3 of the Council Joint Action 2008/124/CFSP of 4 February 2008 as amended by Council Decision 2021/904 CFSP of 03 June 2021 foresees that the conditions of employment and the rights and obligations of international and local staff shall be laid down in the contracts to be concluded between European Union Rule of Law Mission in Kosovo (EULEX KOSOVO "or" "the Mission") and the staff member concerned,
3. Whereas the conditions of employment of local staff employed by EULEX-Kosovo (hereafter the Mission) and deployed in Kosovo need to be set out in a comprehensive manner,
The Head of Mission of EULEX-Kosovo has adopted these General Service Conditions (hereinafter "Conditions"):
Article 1. Subject of these Conditions
1. These Conditions lay down the specific conditions of employment of local staff of the Mission, and form part of employment contracts concluded between EULEX Kosovo and the local staff members.
2. These Conditions shall form part of Mission SOPs.
Article 2. Local Staff
1. Local staff are citizens of the host state of the Mission and citizens of EU or non-EU countries recruited to local staff positions.
the same employment conditions as non-EU staff, except where otherwise provided for in these Conditions.
2. Local staff who are citizens of one of the EU Member States (hereinafter "local-EU staff") shall be subject to
3. Members of local staff, including resident and non-resident who receive or accrue gross income from a source in Kosovo, shall be subject to local tax and social contributions law.
Article 3. The Employment Contract
1. The parties to the Employment Contract (" Contract ") shall be EULEX Kosovo (the Employer) and local staff member (the Employee). The Employer's rights are exercised by the Head of Mission who can delegate certain powers in accordance with the applicable rules on delegation of authority.
2. The Employee shall at no time be considered as employed by the European Union or subject to Staff Regulations of Officials and Conditions of Employment of Other Servants of the European Community. The Framework Rules laying down the conditions of employment of local staff of the Commission of the European Communities serving in non-member countries and the Rules laying down the Specific Conditions of Employment of Local Staff serving in Kosovo (of the European Commission Liaison Office) shall not apply to the Employee.
3. The Contract shall be concluded for a fixed term determined by the approved budget of the Mission and indicated in the Contract.
Article 4. Conditions for Recruitment and Continuation of Employment
1. A member of local staff may be engaged by or continue working for the Mission only on condition that:
a. He/she is physically fit to perform his/her duties. Such physical fitness shall be attested as follows:
i. Prior to the start of employment, a medical certificate provided by the candidate[1],
, and
ii. During the period of employment a medical assessment[2] by the Medical Unit, if so requested by the Head of Mission; and
b. He/she enjoys full civil rights.
Article 5. Probation
1. The staff member shall serve a probationary period of three months, unless otherwise provided for in the Contract. The probation period can be extended for a period of maximum three additional months.
2. During the probationary period, either party may terminate the Contract by giving notice of two weeks, in writing. The staff member shall work during the notice period unless otherwise decided by the Head of Mission or his/her delegate.
3. If the probationer is unable to work (e.g. due to sick leave) during the probationary period, the probation will be extended by the duration of the leave.
4. Staff whose Contract has been renewed shall not be subject to a probationary period.
5. By derogation from paragraph 4, a staff member whose Contract has expired before the end of the probation period and has been renewed, shall continue serving the remainder of the probation under his/her new contract.
Article 6. Classification
1. Upon engagement, a member of local staff shall be classified by the Mission in the group corresponding to the function for which he/she was engaged. He/she shall be placed in the lowest step in the group in question without prejudice to the provisions in paragraph 2 of this Article.
2. A member of local staff shall be placed in a step commensurate with his/her relevant professional experience, as follows:
a. For functions in groups I and II: two years of experience shall entitle to one additional step;
b. For functions in groups III - VI: one year of experience shall entitle to one additional step.
3. Only relevant professional experience acquired after the age of 18 years shall be taken into consideration.
4. Experience must be relevant to the post to be filled in. Relevance is assessed on the basis of the job description. Moreover, experience should be at the same level as the post to be filled in. It is counted from the date on which the qualification allowing access to the post was obtained.
5. For the purposes of this Article, after the overall experience is calculated, the resulting number of years/months/days will be rounded to a whole number of years. If the remainder is over six months, this period shall be counted as one year while experience of less than 6 months shall be disregarded.
6. Any period of training subsequent to the education level required in the job description and specific to the post may be regarded as professional experience.
7. A table of function groups is annexed to these Conditions (Annex 1 Classification Table for local staff). A grid with groups and steps (salary scale) is annexed to these Conditions (Addendum 1).
8. By derogation from preceding paragraphs of this Article, the classification of local -EU staff members shall be determined in accordance with the Annex 2 to the Commission Communication C(2009)9502[3]. The exact overall period of prior relevant experience in months shall be taken into account when assessing the grade.
9. Taking into account specific organisational responsibilities associated with the post to which a person is recruited, the Head of Mission may:
a. award one or two additional steps within a group/grade; or
b. recruit the member of local staff in a grade immediately above the grade to which he/she was entitled on the basis of prior professional experience.
Article 7. Advancement
1. A staff member having one year's seniority in a step of his/her group (grade, in case of local-EU staff members) shall automatically advance to the next step of the same group/grade, unless the Head of Mission decides to defer such advancement because the conduct and/or productivity of the staff member is regarded as unsatisfactory. Such deferment shall not constitute a disciplinary measure.
Article 8. Change of Duties
1. Where the duties carried out by a local member of staff have changed and clearly no longer correspond to the duties normally carried out by staff in the group to which the staff member belongs, the Head of Mission may exceptionally reclassify the staff member concerned, subject to the approval of the changes in the Deployment Plan by the Civilian Operations Commander.
2. The Head of Mission shall re-classify the staff member concerned in the new group at the step equivalent to the basic salary earned in the former group, or that immediately above, plus one step.
3. Any modification to the Deployment Plan shall be subject to prior approval by the Civilian Planning and Conduct Capability (CPCC), based on new operational needs and in respect of the current OPLAN and the Budgetary Impact Statement (BIS) as approved by the Member States.
4. In case of re-classification, the advancement in step shall re-start from the date of re-grading.
5. The preceding paragraphs of this Article shall not be applicable to local-EU staff.
6. Where, during the lifetime of the Contract, the staff member is charged with specific organisational responsibilities in addition to his/her usual duties as specified in the job description, the provisions of Article 6 paragraphs 8 and 9 shall apply.
Article 9. Remuneration
1. The remuneration of members of local staff shall comprise: a. A basic monthly salary; and b. A salary for a 13th month
2. It shall be determined and paid in Euro.
3. The basic monthly salary for each group and step shall be determined by the Mission and listed in Addendum 1 to these Conditions.
4. The salary grid in Addendum 1 applicable at the moment of the signature of the individual Contract shall remain applicable until the expiry of that Contract. If a revised salary grid is approved before the date of expiry of the contract that updated grid shall be applied to the start of the current budget period of the Mission or to the effective date of the grid, whichever is the latest.
5. The salary of the 13th month may be paid at the same time as remuneration due for the last month of the Contract of a local staff member in an amount equal to the latter, excluding any allowances. If a local staff member has worked for less than twelve months during the current Contract, the amount of the salary for a 13th month shall be reduced proportionally. Any incomplete month shall be disregarded.
6. By derogation to the preceding paragraphs, the local-EU staff members shall receive remuneration comprising only a basic monthly salary determined in accordance with the salary scale annexed as Annex 2 to Commission Communication C(2009)9502[4].
7. Members of local staff shall be paid monthly, in arrears. Where remuneration is not due in respect of a complete month, the member of local staff shall receive 1/30th of his/her basic monthly salary for each day in respect of which remuneration is due.
8. Staff members shall be entitled to reimbursement of costs for any official travel, in accordance with applicable regulations of the European Commission.
Article 10. Taxes
Members of local staff irrespective of their citizenship shall be subject to local (Kosovo) tax law.
Article 11. Working hours and Shift Work
1. The weekly working hours in EULEX Kosovo are forty (40) hours from Monday to Friday. Lunch breaks of 45 minutes are not considered working time. Eight working hours are considered one working day, four working hours are considered half a working day.
2. Exceptions may be allowed as required by the particularities of the service.
3. In the event of unforeseen mission requirements or shortage in personnel, the staff member may be required to work irregular hours or overtime, including during week-ends and/or public holidays.
4. As a rule, the Mission staff shall serve full-time. Part-time employment may be, exceptionally, authorised by the Head of Mission or his/her delegate, where a staff member concerned provides reasonable assurances that he/she will not seek another employment without prior written consent of the Head of Mission.
5. Alternatively, the basic working hours of certain positions may be organised in shifts. Shifts are organised in accordance with the "SOP on Organisation of Working Time".
6. The staff member is entitled to a weekly rest of at least 24 continuous hours. If the staff member is required to work 7 consecutive days in a given week, including the day of rest, a day off in lieu is given to the staff member the following week. No other compensation is granted for work undertaken on the weekly rest day.
7. Staff members assigned to shift work are subject to the following rules:
a. Night Shifts must be scheduled to avoid that a staff member works a consecutive one (1) week of Night Shifts without a day off.
b. For each hour worked during a Night Shift between the hours of 22:00 and 6:00 staff members shall receive additional compensation for the hours performed. The staff member concerned shall be remunerated at the rate of 130% of the hourly remuneration, calculated on the basis of his/her basic monthly salary ("Night Shift Differential").
c. For each hour worked during a EULEX-Kosovo Mission Holiday (day or night shift), the staff member concerned shall be remunerated at the rate of 150% of the hourly remuneration, calculated on the basis of his/her basic monthly salary.
d. For each hour worked in excess of the published monthly work schedule ('overtime'), the staff members are entitled to compensatory time off (CTO). CTO shall be calculated as follows:
I. 1.3 hours for each hour worked beyond scheduled working hours;
II. 1.5 hours for each hour worked on EULEX-Mission holidays; and
III. 1.5 hours for each hour worked on a scheduled day off.
e. All required overtime periods must be duly justified by the respective line manager, and approved by the Head of Pillar or Department, prior to the overtime work taking place. Only in cases of urgent operational need, duly documented by a line manager, the overtime can be approved after it is performed.
f. Compensation earned in accordance with Articles 11, under 7(b), 7(c) and 7(d) above, shall in no circumstance be granted simultaneously. In the event two or more compensatory rates apply for a single hour worked, the remuneration shall be at the single highest rate.
g. Night shifts are prohibited for staff members who are pregnant or breastfeeding.
h. Night shifts must not be performed by single parents or by staff members who have children younger than three (3) years of age or with permanent disabilities, without the staff member's explicit consent.
i. In the event the health condition of a staff member working on night shifts worsen as a result of the duties performed, and is so assessed by a competent health authority, the employer is obliged to relocate the staff member to a more appropriate daytime position within the organisation.
j. Article 12.2 (d) below, does not apply to staff members assigned to shift work as set out under Article 11 herein.
Article 12. Overtime Work
1. All overtime periods must be duly justified by the respective line manager (LM), and approved by the respective Head of Pillar or Department prior to the overtime work taking place. Only in cases of urgent operational need, duly documented by LMs, the overtime can be approved after it is performed.
2. To request such approval the "Overtime - On Call Performed Record Local Staff" Form[5] should be completed and submitted to Human Resources Division (HRD) for further processing.
3. For each hour of overtime performed, the concerned local SMs are entitled to compensatory time off (CTO). CTO is to be taken within three months from the end of the month during which CTO has accrued, otherwise will be forfeited. The calculations of the CTO is as follows:
a) 1.2 hours for each hour a local staff member is on-call, while based at the duty station;
b) 1.3 hours for each hour worked beyond scheduled working hours;
c) 1.5 hours for each hour worked on EULEX Kosovo Mission holidays; and
d) 1.5 hours for each hour worked on weekends, or respectively scheduled days off for shift workers.
4. Overtime will not exceed the following limits: 20 hours per week and 40 hours per month.
5. The LMs bears the obligation to ensure that the performed overtime is duly reflected and validated in the Attendance Records application.
6. Overtime will not be required of pregnant local SMs, or single parents with a child under three (3) years of age, or who has a child with disabilities, without their explicit consent.
Article 13. Leave and Mission Holidays
1. A member of local staff shall be entitled to paid annual leave of 24 working days per contractual year. One day of additional annual leave will be granted for every five (5) years of continuous service with EULEX-Kosovo.
2. If a member of local staff is in service for only part of a contractual year, the length of annual leave shall be reduced proportionally ("pro rata"). If leave days are overspent by the end of the contractual period, in case of contract termination they will be deducted from the last payment. During the last month of the contract, the earning of annual leave is calculated as follows:
- if the incomplete month is more than 6 days, 0,5AL - if the incomplete month is more than 13 days, 1AL - if the incomplete month is more than 20 days, 1.5AL - if the month is complete, 2AL.
3. Leave shall be granted during the period of the Contract to accommodate the needs of the service and the wishes of the member of local staff concerned.
<> 4. No financial compensation for unused AL or CTO shall be granted to a SM at the end of their employment with the Mission unless the employee was not in a position of taking leave due to long sickness exceeding 14 days in the last month of employment.
The approval from the Chief of Staff is to be requested in form of a Decision Memorandum (DM) through the reporting lines of the concerned SM. Such DM must include supporting documents proving that the SM was prevented from taking leave due to long sickness exceeding 14 days and requires endorsement from the Finance Unit, the Legal Section, the HRD, and if applicable the Medical Unit.
5. Any period of absence due to sickness appropriately certified by the Medical Unit which falls within a period of annual leave may be treated as equivalent to a period of sick leave.
6. The staff member shall also be entitled to public holidays specified by the Employer.
Article 14. Maternity Leave
1. Pregnant local staff members are entitled to 19 weeks of paid Maternity Leave (ML). Staff members may exhaust their annual leave entitlements before beginning their maternity leave.
2. A pregnant staff member shall be entitled to time off, without loss of pay, in order to attend pre-natal examinations, if such examinations have to take place during working hours. If the duration of such examination exceeds four hours, the day will be counted as sick leave.
3. Subsequent to the completion of the maternity leave, the local staff member nursing the infant under one year of age is entitled to time off from duty up to two hours daily including commuting time, if operational requirements allow. The timing of the daily breaks from work should be determined by the needs of the staff member, who shall nevertheless consult with her supervisor to achieve the optimal balance with the operational requirements.
4. If a staff member gives birth to a stillborn infant, or if the new born child is deceased before the expiry of the staff member's maternity leave, the staff member is entitled to maternity leave upon a doctor's recommendation, until physical and psychological recovery improves, for no less than forty-five (45) days, but no longer than 19 weeks (duration of regular maternity leave), during which period the staff member benefits from all entitlements under the maternity leave.
5. Notwithstanding Article 14(1), a staff member may request a return to work prior to the expiration of maternity leave. In such cases, the staff member shall notify the employer not less than fifteen (15) days in advance of their intention to return to work and shall forfeit the remainder of their maternity leave.
Article 15. Special Leave
1. Special paid leave is granted in the following listed occurrences, which must be duly substantiated with supporting documents, such as:
a. Marriage of the staff member: five working days;
b. Change of residence of the staff member: two working days;
c. Death of a child, spouse or life partner: five working days;
d. Serious illness of relative in ascending line, child, sibling, spouse or life partner: up to five working
days;
e. Marriage of child: five working days;
f. Birth of child: five working days;
g. Death of a relative in the ascending line or sibling: up to five working days;
h. Voluntary blood donation: Two days special leave may be granted if requested as follows:
- the first leave day begins on the day of the donation and the second is the day immediately following
the donation;
- the leave may not be transferred to another time and no time in lieu will be granted if one of the
two days falls on a holiday/weekend.
The certificate of the donation shall be submitted to the Human Resources Division within one week following the donation.
Special leave on compassionate grounds is subject to approval of the Head of Human Resources Division (HoHRD).
2. Special Leave on compassionate/emergency grounds is granted per event per contractual year and not more than twice for the same event of the same close family member.
In case of special leave on medical grounds, supporting documents shall be submitted to the Medical Unit for endorsement immediately but not later than one week after the staff member is returned to duty. The response is forwarded to the Human Resources for further approval by the HoHRD.
Special Leave on compassionate/emergency grounds leave can be taken half days.
In addition to Article 15(1)(f) herein, and notwithstanding Article 16(2) below, unpaid paternity leave may be taken after the birth or adoption of a child, for a period no longer than 14 calendar days before the child reaches the age of three years. Unpaid paternity leave mat be taken in conjunction with other leave entitlements.
3. Submission of the supporting document, for all other listed special leave on compassionate grounds apart from that on medical grounds, must be done within one month of the special leave taken; failing to do so the Human Resources Division will deduct the days from the staff member's leave balance.
Article 16. Unpaid Leave
1. A member of local staff may be granted unpaid leave (UPL) by the Chief of Staff or his/her delegate up to a maximum of 30 calendar days per one completed year period of contract. No entitlement shall accrue in respect of a period of unpaid leave.
When calculating the unpaid leave the basis of calculation is the initial check in date of the staff member. If the staff member took more unpaid leave days that he/she would have been entitled to, Human Resources Division will deduct the money owed for the unpaid leave days taken from the last payment of the staff member.
2. A staff member must have made full use of the annual leave entitlement for the unpaid leave to be granted.
3. Mission health insurance continues during UPL, but no other leave entitlements will be calculated for such a period. All mission holidays and weekends falling within a UPL period are considered forfeited. No salary will be paid during UPL periods.
4. Unpaid leave taken for the duration of five (5) full working days of any one week period (Monday to Friday inclusive) shall also include the following weekend as unpaid.
5. The period of UPL does not count in duration of completed service under the employment contract of local staff members, the step increment due upon one year of completed service will be postponed for the duration of UPL period.
Article 17. Sick Leave
1. A member of local staff who is unable to work due to medical reasons shall notify the line manager on the first day of his/her absence. Absence without a medical certificate may not exceed 6 days in total over a twelve months period for medical reasons. The uncertified sick leave days are included into the total of 30 calendar days of paid sick leave entitled over a twelve months period. Uncertified/Certified sick leave can be taken half days, and not more than 3 days of uncertified sick leave in a row. Uncertified Sick Leave cannot be taken while out of the Mission area.
2. A member of local staff unable to work may be required to undergo a medical examination at the request of the Head of Mission.
Article 18. Incapacity to Work
1. A staff member who is unable to work as a result of sickness or accident ("Incapacity to Work") is entitled to his/her usual remuneration for up to 30 calendar days of Incapacity per 12 month contractual year (pro-rata, as necessary). When calculating the sick leave the basis of calculation is the initial check in date of the staff member.
2. Where a staff member declares Incapacity to Work, which must be duly substantiated with the sick leave request issued by EULEX Kosovo Medical Unit, for a 31st calendar day in a 12 month contractual year ("Extended Incapacity"), the staff member is entitled to social security benefits, entitling him/her to an income protection equal to 100% of his/her current basic monthly salary. In respect of income protection, the Mission shall "top up" the payment differential between the income protection received during the Extended Incapacity under the employment insurance policy and the total net salary ordinarily due, up to a maximum of 60 days of a period of Extended Incapacity per 12 month contractual year, (pro-rata, as necessary).
No AL entitlement will be calculated for such a period. All Mission holidays and weekends falling within a UPL period are considered forfeited.
The period of Incapacity to Work and Extended Incapacity does not count in duration of completed service under the employment contract of local staff members, the step increment due upon one year of completed service will be delayed with the period of Incapacity to Work and Extended incapacity.
3. The Head of Mission may terminate the Contract of Employment when the staff member reaches 60 days of Extended Incapacity period and exhausts any outstanding leave balance due. In such cases, staff members shall be entitled to compensation equal to the remuneration corresponding to the period of notice provided for in these Conditions.
Article 19. Medical Insurance
1. The medical coverage arrangements shall be defined in Addendum 2 to these Conditions.
2. The staff members shall be responsible for all dealings with the insurance company in respect of personal claims.
Article 20. Social Security
1. Members of local staff and the Employer shall pay social security contributions according to the applicable law in Kosovo.
2. In the case of members of local staff who are citizens of Kosovo, EULEX Kosovo will deduct, withhold and directly pay to the Kosovo Pension Savings Trust both the employer's and the employee's contributions.
a. In the case of Members of local staff who are not citizens of Kosovo, EULEX Kosovo will make its employers contribution to a state recognised pension scheme of the individuals' country of citizenship, provided they show evidence of the existence of such a pensions savings account within such a scheme set up in their name. In the event that a direct payment is not possible by EULEX Kosovo, proof of a direct payment by the individual to the scheme will result in a subsequent direct reimbursement by EULEX Kosovo to the individual by way of compensation.
b. In all such cases the employer's pension contribution will be subject to tax at the standard rate of income tax within Kosovo with the said tax being withheld and paid to the Kosovo authorities.
3. Any employee's contributions have to be made directly by the employees themselves. Non-Kosovo citizen local staff is encouraged to make contributions at least equal to the amount applicable to Kosovo citizens. a. The Kosovo Authorities will not grant tax relief on such payments.
Article 21. Capital - Death
1. In the event of death of a member of local staff in active employment, his/her nominated beneficiaries through the Mission beneficiary form, shall be entitled to a lump sum comprising his/her net monthly remuneration up to the end of the month in which death occurred, 13th salary, (prorate as per Art. 9.5), severance grant as per Article 25 and any other staff member's outstanding payments.
In addition, a lump sum payment equal to six times his/her last basic salary of the deceased staff member shall be paid to the nominated beneficiaries.
Article 22. Rights and Obligations of the Members of Local Staff
1. The member of local staff shall comply with the following rights and obligations:
a. Guarantee that he/she is professionally qualified for the job and that documents and testimonials he/she presented to the Employer are genuine;
b. Undertake to perform his/her work in accordance with his/her job description, directives given to him/her by the Employer and the rules and regulations issued by the Employer;
c. Carry his/her work with due care, probity and consciousness, in accordance with best professional practice, at the time and place and under the conditions agreed;
d. Not to undertake another employment without prior written consent of the Head of Mission;
e. In all circumstances conduct him/herself in a manner befitting his/her position, qualifications and responsibilities;
f. Conduct his/her private life so as not to interfere with his/her official duties or bring discredit upon the Employer;
g. If charged with a criminal offence, to immediately inform the Employer of same;
h. Fulfil his/her obligations completely independently of third parties, either state bodies or private companies, with which he/she may be required to deal in the performance of his/her duties;
i. Take all necessary precautions against the risk of any conflict of interest and to inform the Employer immediately of any situation that constitutes or is likely to give rise to a conflict of interest;
j. Observe the greatest discretion in respect of facts and information that come to his/her knowledge in the performance of or in connection with the performance of his/her duties;
k. Save with the express prior authorization of the Employer, not to communicate to a third party any information or correspondence which may become known to him/her in the course of his/her work assignments;
l. Without prior authorisation of the Head of Mission or his/her representative, not to be party to any statement, interview or publication relating in whole or in part to work carried out in the course of his/her assignments.
2. The member of staff shall be responsible for any assets of the Mission, entrusted to him/her, in accordance with the following rules:
a. He/she shall be personally liable for such premises, equipment and supplies as are entrusted to him/her for the execution of his/her tasks or for his/her personal use and shall administer them with all due care and attention;
b. He/she shall be responsible for their maintenance and shall report any loss, theft or damage without delay, stating the circumstances, particularly with regard to equipment and any service vehicles which are included in the inventory;
c. He/she shall be financially liable for any loss of or damage to such premises, equipment and supplies entrusted to him/her where such loss or damage results from misconduct or negligence, unless he/she proves that such loss or damage cannot be attributed to him/her;
d. He/she shall monitor the condition of premises and equipment in general and propose such repairs as are advisable;
e. He/she shall also be responsible for reporting any misuse of property of the Mission.
3. The Employee to whom funds are entrusted in connection with the performance of his/her duties shall take responsibility for these funds in accordance with the following rules:
a. He/she shall be personally liable for the use of such funds and for substantiating that use;
b. He/she shall be financially liable for any loss of or damage to funds, securities and documents entrusted to his/her safe-keeping where such loss or damage results from serious or persistent misconduct or negligence, unless he/she proves that such loss or damage cannot be attributed to him/her; and
c. If the Employee, in the course of or in connection with the performance of his/her duties, becomes aware of facts which give rise to a presumption of the existence of possible illegal activity, including fraud or corruption, detrimental to the interests of the Mission, he/she shall without delay inform either his/her immediate superior or the Head of Mission.
4. Redeployments of a female staff member to another region must not occur without the staff member's
explicit consent, in the following circumstances:
a. the staff member is pregnant;
b. the staff member is on maternity leave;
c. the staff member has a child below three (3) years of age;
d. the staff member is a single parent with a child under five (5) years of age;
e. the staff member has a child with severe development problems, or disabilities.
Article 23. Rights and Obligations of the Employer
The Employer shall:
a. Pay the Employee the remuneration foreseen in the Contract; and
b. Abide by the Contract, the present Conditions and other directives adopted by the Employer.
Article 24. Performance Assessment
1. Notwithstanding the successful completion of a probationary period referred to in Article 5 above, the staff members are subject to a Performance Review as set out in the EULEX-Kosovo SOP on Performance Evaluation.
Article 25. Termination of the Contract
1. The duration of the Contract of a local staff member shall in no circumstances exceed the approved budget of the Mission.
2. The Contract of a member of local staff shall be terminated in the following circumstances:
a. On the expiry of the period for which it was concluded;
b. During the probationary period specified in Article 5 of these Conditions, if this period has proved unsatisfactory, or if obvious deficiencies have been brought to light, by decision of the Head of Mission;
c. At any time during the lifetime of the Contract, by the decision of the Head of Mission, provided written notice of one month is given to the staff member;
d. At any time during the lifetime of the Contract, at the request of the staff member, provided written notice of one month is given to the Employer;
e. By the decision of the Head of Mission, in accordance with Article 18(3), when the Employee is absent from work due to Extended Incapacity to work;
f. By the decision of the Head of Mission, in the event the staff member is deemed physically unfit to perform his/her duties or refuses to undergo a medical examination, in accordance with Article 4 above.
g. When a staff member reaches sixty-five (65) years of age and is willing, fit and able to continue work within EULEX Kosovo, he/she can submit a request for continuing employment with EULEX Kosovo in the form of a PER, two months before he/she reaches the age of 65. EULEX Kosovo will review the request of the local staff member and in accordance with the recommendation of the line manager, will grant or not grant the employment extension. In absence of a request, and employment extension recommendation by the line manager, employment shall terminate automatically for staff member reaching the age of 65;
h. In any other cases provided for by these Conditions;
i. Unless the Contract has been terminated earlier, the Contract shall be terminated by the Head of Mission on the effective date of the Council Decision referred to in Article 27(3) of the Treaty on European Union on which the European External Action Service starts functioning; and
j. Death of staff member.
3. Upon termination of the Contract, the severance grant or termination allowance, if any, shall be determined in accordance with the following rules:
a. A staff member shall be entitled to a severance grant upon termination of his/her Contract in any of the circumstances referred to in paragraphs 25(2)(a), (c) (i) and (j) herein, if he/she has completed at least three years' service within the CSDP mission.
b. A staff member shall be entitled to termination allowance upon termination of his/her Contract as per paragraph 25(2)d of this Article (even if the circumstances referred to in the mentioned paragraph are not met), if he/she has completed at least three years' service within the CSDP mission.
c. In any of the cases referred to in the preceding sub-paragraph, no severance grant nor termination allowance shall be due where the Employee's Contract with the same or different CSDP mission is extended or renewed, or where, upon the termination of the Contract, the Employee is granted a new EU-funded Contract with a CSDP mission.
d. The severance grant or termination allowance shall not be less than one month's basic salary for each year of service and one twelfth of this amount for each completed month of service when the final year has not been served in full; The latest salary is taken as the basis for the severance grant/termination allowance; and
e. In cases of disciplinary dismissal, Article 26 applies.
Article 26. Disciplinary Procedure
1. Any failure by the Employee to comply with his/her obligations under this contract and/or the Code of Conduct for European Union Civilian CSDP Missions[6] ("Code of Conduct") whether intentionally or through negligence on his/her part, shall make him/her liable to disciplinary action as stated in the Code of Conduct.
Article 27. Disciplinary Appeals
1. The Employee subject to a disciplinary measure shall be entitled to appeal to the Head of Mission against the proposed disciplinary measure by the Disciplinary Board, in accordance with the Code of Conduct.
Article 28. Non-Disciplinary Appeals
1. The member of local staff may submit an appeal against an act adversely affecting him/her to the Head of Mission within one month of the date of the act. Appeals shall be submitted to the Head of Mission through an immediate superior of the staff member, except where it concerns that superior, in which case it may be submitted directly to the Head of Mission.
2. The initial appeal procedure shall have no suspensory effect. The Head of Mission shall notify the staff member of his/her reasoned decision within one month of the date on which the appeal was lodged unless new facts have emerged which were unknown at the time of the initial appeal and are likely to have a bearing on the final decision. In such cases, the one-month period may be extended once.
Article 29. Dispute Settlement
1. The parties hereby expressly declare that any dispute arising between them as regards the interpretation of performance of this contract will be referred to an arbitration body. Such referral may not take place until the internal appeal procedures mentioned in Article 27 or 28 above have come to an end.
2. The arbitration is initiated by a written notice addressed to the other party. The respondent shall explicitly accept or refuse the request for arbitration within ten (10) working days from the receipt of the notice. Silence should be understood as refusal.
3. The arbitration body shall consist of two arbitrators, each party selecting one arbitrator. Should they fail to agree on the arbitral award, the arbitrators shall select a third arbitrator, who shall give a joint award with them. Internal or external individuals can be appointed as arbitrators. Unless decided otherwise by the parties the UNCITRAL rules should govern the procedure of the arbitration.
4. The arbitrator's award shall not be subject to appeal and shall have status of an amicable settlement. The powers of the arbitrators shall last for six months, beginning on a date of the agreement to seek arbitration; the mandate of the arbitrators may be extended by the mutual agreement of the parties. The arbitrators shall be exempted from legal formalities and from the registration of their award, if any, copies of which they shall send to the parties by registered mail.
5. Each party shall bear its own costs incurred because of the arbitration procedure, unless the arbitrators consider that there are justified grounds to charge.
Article 30. Final Provisions
1. These Conditions enter into force from the date of their adoption by the Head of Mission.
2. The following annexes shall form an integral part to these Conditions:
a) Addendum 1 - Salary grid
b) Addendum 2- Medical insurance policy[7]
3. In case of any conflict between the provisions of these Conditions and their Addenda, the order of precedence shall be established as follows: the present Conditions; Addendum 1, Addendum 2.
ANNEX 1 -Classification Table for local staff
The group is determined by the post for which there is a corresponding description of duties. The group is not determined by the recruit's qualifications, previous experience or salary requirements. For all posts, it is the main occupation/functions (which take at least 50% of full time) that determine the group in which a staff member is classified. The following guidance should be followed when attributing posts to a particular group:
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Group 1: Administrative, advisory and supervisory posts |
Group I jobs involve carrying out complex and difficult office work independently and in a supervisory capacity. Normally, a university degree is required. Examples: lawyer, translator/interpreter, etc. Press and information officer can only be classified in Group I if it involves administrative or supervisory duties. |
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Group II: Executive posts |
Group II jobs involve carrying out relatively complex and difficult office work in line with general guidelines, in particular in the administrative, accounting, and technical fields. Examples: administrative, accounting, logistics, protocol and IT staff. By contrast to Group I staff, Group II staff are not supposed to work independently, or to perform supervisory functions. Accountant/financial officer can be classified as group II, if the job involves professional accountancy skills to be demonstrated by diploma and experience. |
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Group Ill: Senior administrative (clerical) posts |
Examples: executive secretary (acting as coordinator), financial assistant/bookkeeper etc. |
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Group IV: Administrative (clerical} posts |
Examples: secretary for a small group of people or one person, with repetitive duties not requiring a high degree of personal initiative; receptionists/switchboard operators. |
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Group V: Skilled manual posts |
Examples: drivers, technical staff, security staff, messengers, etc. |
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Group VI: Manual posts |
Group VI posts involve unskilled manual duties, e.g. guard, maintenance staff. Normally, contracts for services are used for such duties. |
