Apart from cessation on death, the employment of temporary staff shall cease:
(a)
at the end of the month in which the member of temporary staff reaches the age of 66;
(b)
where the contract is for a fixed period:
(i)
on the date stated in the contract;
(ii)
at the end of the period of notice specified in the contract giving the member of the temporary staff or the Agency the option to terminate earlier. The period of notice shall not be less than one month per year of service, subject to a minimum of one month and a maximum of three months.
For temporary staff whose contracts have been renewed the maximum shall be six months. The period of notice shall not, however, commence to run during pregnancy, if confirmed by a medical certificate, maternity leave or sick leave, provided such sick leave does not exceed three months. It shall, moreover, be suspended during pregnancy, if confirmed by a medical certificate, maternity or sick leave subject to the limits aforesaid. If the Agency terminates the contract, the member of the temporary staff shall be entitled to compensation equal to one-third of his basic salary for the period between the date when his duties end and the date when his contract expires;
(iii)
where the member of temporary staff no longer satisfies the conditions laid down in Article 37(2)(a) subject to the possibility of authorising an exception under that provision. Should the exception not be authorised, the period of notice referred to in subpoint (ii) of point (b) of this Article shall apply.
Employment may be terminated by the Agency without notice:
(a)
during or at the end of the probationary period in accordance with Article 39;
(b)
if the member of the temporary staff is unable to resume his duties at the end of a period of paid sick leave as provided for in Article 53. In such case, the member of the temporary staff shall receive an allowance equal to this basic salary, plus family allowances at the rate of two days per month of service completed.
1. After the disciplinary procedure provided for in Title V has been followed, employment may be terminated without notice on disciplinary grounds in serious cases of intentional or negligent failure of temporary staff to comply with their obligations. A reasoned decision shall be taken by the AACC, after the member of temporary staff concerned has been given an opportunity of submitting his defence.
Before his employment is terminated, a member of the temporary staff may be suspended, in accordance with Article 161.
2. Where employment is terminated in accordance with paragraph 1, the AACC may decide:
(a)
to limit the severance grant provided for in Article 86 to repayment of the contribution provided for in Article 89, plus compound interest at the rate of 3,5 % per annum;
(b)
to withhold in whole or in part the resettlement allowance provided for in Article 64(2).
1. The employment of a member of the temporary staff shall be terminated by the Agency without notice if the AACC finds:
(a)
that at the time of his engagement he deliberately furnished false information concerning his professional qualifications and experience or his ability to fulfil the requirements of Article 37(2); and
(b)
that the false information furnished was a determining factor in his being engaged.
2. In such cases the AACC shall, after hearing the member of temporary staff concerned, and after the disciplinary procedure provided for in Title V has been followed, declare that his employment is terminated.
Before his employment is terminated, a member of temporary staff may be suspended in accordance with Article 161.
The provisions of Article 98(2) shall apply.
Without prejudice to Articles 98 and 99, any intentional or negligent failure by a member of the temporary staff or of a former member of the temporary staff to comply with his obligations under these Staff Regulations shall render him liable to disciplinary action in accordance with Title V.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
