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II SÉRIE — NÚMERO 66

Article 88 Termination without Indemnity

1 — Termination of employment under any provi-sios of this article does not establish an entitlement to a termination indemnity.

2 — The employment of any USFORAZ employee will expire under the following circumstances:

a) The expiration of the period for which the employment was established;

b) The retirement of the employee;

c) The supervenient inability of the employee to perform the full range of duties of his position;

d) The supervenient impossibility of USFORAZ to receive the employee, which includes reductions in force because of lack of funds or lack of work, without prejudice to the application of the preceding article 87, paragraph 2. Such employee shall retain the right to receive indemnity in accordance with the preceding article 87, paragraph 5.

3— Separation for just cause will be taken in accordance with the administrative procedures as contained in USFORAZ internal regulations. Employees separated for cause cannot be considered for reemployment without the express authorization of CO-MUSFORAZ or his designated representative:

a) It is considered just cause for separation or rescission a serious or reiterated violation of the general or special duties of the employee;

b) The existence of just cause shall be evaluated having always in mind the nature of the relation between supervisors and subordinates, the social standing and the degree of education of both parties and the other circumstances of the case;

c) The just cause shall be stated in writing at the time of separation or request for rescission; otherwise proof cannot later be accepted by any competent entity.

4— Employees may resign from their positions by giving their supervisors, in writing, a two-week notice.

CHAPTER XI Hygiene and safety of the workforce

Article 89

On-the-job accidents and occupational diseases

The standards contained within Portuguese law regarding on-the-job accidents and occupational diseases shall apply to Portuguese USFORAZ employees.

Article 90 Fatal accident

Whenever a Portuguese USFORAZ employee suffers a fatal accident at work, his body cannot be re-

moved without the presence and approval of the appropriate Portuguese authorities.

Article 91 Safety officer

USFORAZ shall appoint an individual to be responsible for health and safety matters. Said individual shall be designated as «Safety officer».

CHAPTER XII Grievances, complaints and appeals

Article 92 Processing complaints

1 — Whenever an employee feels he has been treated unfairly, he has the right to submit a verbal or written complaint to his organizational supervisor. The organizational supervisor has 7 calendar days in which to respond to the employee's complaint. If the complaint is not resolved to the employee's satisfaction, he has 7 days from receipt of the organizational supervisor's response in which to present a formal written complaint to his organizational commander.

2 — Written complaints to the organizational commander must state the reasons which gave to the complaint, indicate the remedial action sougth, and may contain any other facts or information pertinent to the complaint.

3 — Upon receipt of an employee's written complaint, the organizational commander will review all pertinent facts and subsequentiy render a decision.

4 — At the organizational commander's option, an investigative officer may be appointed to conduct a procedural/substantive review prior to reaching a final decision.

5 — In the case where the organization commander is the initiating official, the employee's written complaint will be made to the next higher level within the chain of command.

Article 93 Rights of redress

1 — Whenever an employee feels an action taken under article 92 is unjust or contrary to this Labor Agreement, he has the right, within 5 days of the receipt of the notice of action, to submit a written complaint to the Workers Committee.

2 — If the Workers Committee believes the employee's complaint is meritorious, the Workers Committee shall forward a report to the Arbitral Commission within 7 days. The report shall contain a copy of the complaint, reasons which give rise to the complaint, indate the remedial action sought, and any other pertinent facts or information.

3 — Within 10 days of the receipt of the report from the Workers Committee, the Arbitral Commission shall issue written findings and recommendations to COMUSFORAZ.