Misconduct and Penalties
Article 7
1. Compliance with the responsibilities and duties arising from the employment contract, these Regulations, the Internal Regulations or any other EU-LAC Foundation internal provision shall be the staff member’s responsibility and failure to comply may be deemed a minor or gross misconduct depending on the circumstances. 2. The staff member shall be deemed to have committed gross misconduct if he/she has been in breach of or exhibited behaviour which is incompatible with the essential obligations established in their employment contract, these Regulations, the Internal Regulations, or any other internal provision of the EU-LAC Foundation, in such a way that renders the continuation of their employment contract unviable. The following shall be considered instances of gross misconduct: (a) repeated or serious breach of the duties related to a specific post; (b) being involved in any of the incompatibilities provided for; (c) behaving in a non-ethical way, including professional and labour activities; and (d) being convicted by a final court ruling. 3. For the purpose of interpreting and applying this article, a repeated breach shall be deemed to exist when the staff member has been given two written warnings within a period of one year, or three written warnings within two years. On the other hand, serious breach of duty shall be deemed to exist when the staff member is involved in one or more of the other instances of gross misconduct provided for in this article. 4. For the purpose of interpreting and applying this article, the following acts shall be considered gross misconduct due to behaviour which is incompatible with the performance of duties: (a) requesting or accepting instructions with regard to the fulfilment of duties from any government, entity or person outside the EU-LAC Foundation; or (b) carrying out any activity that is incompatible with the independence and impartiality required by the status as EU-LAC Foundation staff members and that could negatively impact upon the Foundation. 5. For the purpose of interpreting and applying this article, the following acts shall be understood to be unethical behaviour: (a) when a staff member is proven to have committed acts of defamation, slander or libel against any EU-LAC Foundation member of staff or a third party; (b) when a staff member is proven to have committed misconduct or offences against decency and morals in accordance with the legislation in force in the country in which said offence has been committed; (c) harassment; (d) the actual or attempted misappropriation of goods or services of the Foundation, as well as the wrongful retention or improper use of these for the staff member’s own benefit or for the benefit of third parties, regardless of their value; (e) the perpetration of acts of physical or mental violence towards another EU-LAC Foundation staff member, whether within or outside the host office or branch offices; (f) the intentional damage to installations, equipment, instruments, documentation and other property belonging to the EU-LAC Foundation; (g) vandalism; (h) sabotage; and (i) abandonment of post. Such acts may take place within or outside the host office. In the latter case, the reason for the non-ethical behaviour shall be related to work. 6. Staff members who commit misconduct shall be subject to disciplinary procedures which should guarantee due process. Depending on the severity of the misconduct, one or more of the following measures may be taken: (a) Verbal warning – this shall result from the committing of minor misconduct. The Executive Director, or the person who has been expressly delegated with such responsibility, shall administer this penalty in such terms that the staff member recognises the implications of the misconduct committed so that he/she will improve his/her behaviour in future. (b) Written warning – this shall result from: (i) the repeated committing of minor misconduct; or (ii) the committing of misconduct which involves failure to attend the duties and responsibilities that are stated in these Regulations or in other internal provisions of the EU-LAC Foundation, the characteristics of which shall be described as proof of the misconduct penalised so that the staff member can take full account of the behaviour to be modified and of the consequences of his/her acts. (c) Suspension – this shall result from the repetition of misconduct after a second written warning. Its duration may vary according to the assessment of the Executive Director. (d) Dismissal – this shall result from gross misconduct. 7. A staff member who is charged with gross misconduct may be suspended with pay while the facts are verified, only and exclusively in the event that, in the Executive Director’s opinion, there are indications to suggest that this measure is justified. 8. In any event, a charge of gross misconduct shall only be valid on objective and verifiable bases, and, if it is proven, may result in the termination of the respective employment contract, without prejudice to any other legal or criminal liabilities that might exist. 9. Hereby, a Dispute Resolution Mechanism is set in place, with the aim of the amicable solution of issues that may arise between the Foundation and its staff. This mechanism and its outcomes are binding to both parties and are described in detail in Annex 1.