13 DE MARÇO DE 1985

2271

Article 83 Article 86

Disciplinary actions

1 — USFORAZ may take the following administrative disciplinary actions without prejudice to the employee's rights and guarantees:

a) Admonishement;

b) Official reprimand;

c) Suspension in non-pay status;

d) Removal.

2 — An administrative disciplinary action should be proportionate to the degree of seriousness of the offense and degree of guilt of the violator. An administrative disciplinary action cannot be applied more than once for the same infraction.

3 — USFORAZ may not take any administrative disciplinary action after 1 year from the date USFORAZ learns of the offense.

4 — The provisions of the previous paragraph do not preclude USFORAZ from seeking compensation for losses or from taking other appropriate legal action.

5 — The loss in pay as a result of the disciplinary action specified in paragraph 1, c), will not go to the Financial Management Institute of the Social Security System (IGFSS). However, both USFORAZ and the employee shall make the appropriate Social Welfare contributions based upon the corresponding pay for the suspension period.

Article 84

Limits of penalties

Suspension from duty will not ordinarily exceed 12 days for each infraction and, in each calendar year a total of 30 days. Those limits, however, may be doubled whens justified by the special circumstances of the employment.

Article 85 Procedures for administering discipline

The disciplinary actions specified in article 83, paragraph 1, b), c) and d) shall observe the following procedural requirements:

a) Disciplinary actions are initiated when a letter of proposed disciplinary action is presented to the employee;

b) The employee may answer the charges in writing within 3 working days;

c) In answering the letter of proposed disciplinary action, the employee may present witnesses for each charge made in tile letter;

d) Upon the employee's request, a copy of the letter of proposed disciplinary action will be provided to the Committee of Employee Representatives, except in cases of removal when it is mandatory that a copy of the letter be provided to the Committee. The Committee of Employee Representatives shall have two days in which to respond;

e) Final disciplinary action cannot be taken until the time for Committee and employee responses has elapsed.

Notification of USFORAZ

SRT will notify COMUSFORAZ, through AAC. of any possible violations to the provisions of this regulation in order that USFORAZ may take appropriate action.

CHAPTER X Termination of employment

Article 87 Termination with Indemnity

1 — Employees who are involuntarily separated under the provisions of this article shall be entitled to a termination indemnity as specified in paragraph 5 below.

2 — When, in the course of a 3.°-month period, COMUSFORAZ intends to separate five or more employees due to lack of work, lack of funds, organizational realignment or other mission changes, a formal notice of intention will be delivered to the affected employees and to AAC which will authorize the separation after receipt of the advice of SRT. The AAC decision regarding the separation will be provided within 30 days. COMUSFORAZ may talce separation action after die 30 day response period has elapsed. The affected employees' names will be entered on the USFORAZ Reemployment Priority List for consideration for future vacancies for which the employee is qualified.

3 — USFORAZ and any employee may at any time, mutually agree to terminate the individual employment contract. The termination must be affected by a written accord, signed by both parties. Within a 7 day period from the date of termination, the employee may unilaterally revoke his agreement to terminate. In such a case, however, the employee will lose the seniority he had prior to the date of the agreement.

4 — Entitlement to termination indemnity applies only to full-time and part-time employees serving under permanent appointments who have completed their probationary periods:

a) The termination indemnity shall be paid in one lump sum;

b) An employee who has received a termination indemnity is ineligible for reemployment by USFORAZ until a period of time equal to the service represented by his termination indemnity has elapsed. The waiting period preceding reemployment may be waived upon repayment of the termination indemnity or proportionate share, as appropriate.

5 — The termination indemnity consists of 1 month's pay (including english language bonus and longevity increases) for each full year of creditable service at the rate received immediately before separation. In no case shall an eligible employee receive less than 3 month's pay as defined above.