Council Decision of 5 December 2007 concerning the rules applicable to national experts and military staff on secondment to the General Secretariat of the Council and repealing Decision 2003/479/EC (2007/829/EC) (repealed)

CHAPTER II WORKING CONDITIONS

Article 9 Social security

1. Before the period of secondment begins, the employer from which the national expert is to be seconded shall certify to the GSC that, throughout the period of secondment, the SNE will remain subject to the social security legislation applicable to the public administration or international organisation which employs the SNE and which will assume responsibility for expenses incurred abroad.

2. From the commencement of his secondment, the SNE shall be covered by the GSC against the risk of accident. The GSC shall provide him with a copy of the terms of this cover on the day on which he reports to the relevant department of the Directorate-General for Personnel and Administration to complete the administrative formalities related to the secondment.

3. When, in the context of a mission in which the SNE is participating under the terms of Articles 4(2) and 20, or when, as a result of specific risks at the place of secondment, additional or specific insurance is required, the relevant costs shall be borne by the GSC.

Article 10 Working hours

1. An SNE shall be subject to the rules in force in the GSC as regards working hours. These rules may be modified by the Deputy General-Secretary where the needs of the department so require.

2. An SNE shall serve on a full-time basis throughout the period of secondment. Following a duly justified request from a Directorate-General and subject to compatibility with the interests of the GSC, the Director-General of Personnel and Administration may authorise an SNE to work part-time, after agreement from his employer.

3. Where part-time working is authorised, the SNE shall work at least half of the normal working time.

4. The allowances in force within the GSC for shift-work or standby duty may be paid to SNEs.

Article 11 Absence for reasons of sickness or accident

1. In the event of absence for reasons of sickness or accident, an SNE shall notify his superior as soon as possible, stating his present address. He shall produce a medical certificate if absent for more than three days and may be required to undergo a medical examination arranged by the GSC.

2. If absence due to sickness or accident of not more than three days exceeds a total of 12 days over a period of 12 months, an SNE shall be required to produce a medical certificate for any further absence due to sickness.

3. Where the period of sick leave exceeds one month or the period of service performed by the SNE, whichever is the longer, the allowances referred to in Article 15(1) and (2) shall be automatically suspended. This provision shall not apply in the event of illness linked to pregnancy. Sick leave may not extend beyond the duration of the secondment of the person concerned.

4. However, an SNE who is the victim of a work-related injury which occurs during the secondment shall continue to receive in full the allowances provided for in Article 15(1) and (2) throughout the period during which he is unfit for work up to the end of the period of secondment.

Article 12 Annual leave, special leave and holidays

1. An SNE shall be entitled to two-and-a-half working days of leave per whole month of service (30 days per calendar year).

2. Leave is subject to prior authorisation by the department to which the SNE is assigned.

3. An SNE may, on reasoned application, be granted special leave in the following cases:

• marriage of the SNE: two days,

• serious illness of spouse: up to three days annually,

• death of spouse: four days,

• serious illness of a relative in the ascending line: up to two days annually,

• death of a relative in the ascending line: two days,

• birth of a child: ten days, to be taken during the month following the birth,

• serious illness of a child: up to two days annually,

• removal to take up duties: up to two days,

• death of a child: four days.

Additional special leave of two days per period of 12 months may be granted at the request (with due justification) of the person concerned.

4. Upon a duly substantiated application by the SNE’s employer, up to two days of special leave in a 12-month period may be granted by the GSC on a case-by-case basis.

5. In the case of part-time work, annual leave shall be reduced proportionately.

6. Days of annual leave not taken by the end of the period of secondment shall be forfeited.

7. Paragraph 3 shall not apply to those SNEs whose period of secondment is less than six months. However, an SNE whose period of secondment is less than six months may be granted special leave, on the basis of a reasoned application and subject to a decision by the Director-General of the department to which he is assigned. That special leave may not exceed three days for the whole period of secondment. Before granting the leave, the above Director-General in charge must consult the Director-General of Personnel and Administration.

Article 13 Maternity leave

1. An SNE who is pregnant shall be granted maternity leave of 20 weeks, during which period she shall receive the allowances provided for in Article 15. The leave shall begin not earlier than six weeks before the probable date of delivery indicated in the certificate and shall end not earlier than 14 weeks after the date of delivery. In the event of multiple or premature birth or birth of a handicapped child, the period of leave shall be 24 weeks. For the purposes of this provision, a premature birth shall be one which occurs before the end of the 34th week of pregnancy.

2. Where the national legislation of the SNE’s employer grants longer maternity leave, the secondment shall be suspended for the period exceeding that granted by the GSC. In that case a period equivalent to the suspension shall be added at the end of the secondment if the interests of the GSC warrant it.

3. An SNE may, alternatively, apply for a suspension of the secondment to cover the whole of the period allowed for maternity. In that case a period equivalent to the suspension shall be added at the end of the secondment if the interests of the GSC warrant it.

Article 14 Management and control

Management and control of leave shall lie with the administration of the GSC. Control of working time and absences shall be the responsibility of the Directorate-General or department to which the SNE is assigned.