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Executive Order On The Conditions Of Employment Of Civil Servants Like Servants Of University Colleges Of Higher Education, Etc.

Original Language Title: Bekendtgørelse om ansættelsesvilkår for tjenestemandslignende ansatte ved professionshøjskoler for videregående uddannelser m.v.

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Table of Contents

Chapter 1 Employment

Chapter 2 Duties

Chapter 3 Suspension, disciplinary proceedings and defamation of libel

Chapter 4 Notice

Chapter 5 Negotiation and Organization Relationship

Chapter 6 Personal Markup

Chapter 7 Salary write

Chapter 8 Disease, maternity leave, freedom of service, etc.

Chapter 9 Trust representatives

Chapter 10 Income Revenue

Chapter 11 Pension mv.

Chapter 12 Complagues

Chapter 13 Entry into force and transitional provisions

Publication of employment conditions for official staff at professional training schools for higher education and so on.

In accordance with section 33 (4), 1, cf. § 58, paragraph. 2, in the law of higher education training schools, cf. Law Order no. 1091 of 18. The following November 2008, and after the mandate of the Finance Minister,

§ 1. As an official employed in the notice of this notice, only staff prior to the entry into force of the notice shall be employed by private seminaries and high schools in accordance with the notice. 522 of 18. June 1992 on employment conditions for official officials of private seminaries, trade schools, commercial school departments and technicaka, which are not subsequently transferred to employment in other terms.

Paragraph 2. The announcement does not allow access to the new hire of staff on official level of official services.

Paragraph 3. Staff covered by this notice shall be referred to as employees.

Paragraph 4. Where there is a competence in this notice to the institution, the Board of Governing Board of the institution shall be attributing to the institution of the institution.

Chapter 1

Employment

§ 2. Employment may have the following forms :

1) Varig hire.

2) Hiding in sheep's targets.

Paragraph 2. Hire of paragraph. 1 may be part-time, however, at least half time.

Paragraph 3. In the case of the employment of years, the rules of the Ministry of Finance have been in circulation, in the case of the circular number of years. 188 of 7. This is November 2001, the Staff Number One. 032-01.

§ 3. Insertion shall be made by the institution.

§ 4. An employee seeking a different position may require that the employees of the staff to the immediate supervisor or the head of the institution shall send a written assessment of the staff to the function authority. The employee must have provided a copy of the assessment.

§ 5. No one can, at the same time, be permanently employed by this notice in more than one position.

Chapter 2

Duties

§ 6. The staff must be conscientiously adhering to the rules that apply to the position of the person concerned and, as well as outside the service, prove worthy of the esteem and trust that the position demands.

Paragraph 2. The staff shall be silenced with regard to the conditions in which they are to be aware, and whose secrecy is, by nature, a required or legally required. The duty of confidentiality shall not cease to be on the part of the service.

Paragraph 3. In the field of employment, the staff shall have a duty to submit to such changes to the extent and nature of its service providers and does not alter the nature of the service and do not result in the position being considered to be no longer regarded as : appropriate for the person concerned. To the same extent, the staff may be required to adopt a different position.

Paragraph 4. A teacher must teach in the fields of teaching, in particular, in the course of education and employment in the past, or in fact qualified to do.

§ 7. In his area of employment, an employee has a duty to do the temporary service in a position which is sibling with or above the own position of the person concerned.

§ 8. An employee may only have employment outside the service so far as to the extent that it is compatible with the conscientious execution of the duties of the person concerned and with the necessary conception and confidence of the person concerned.

§ 9. Any expenditure on the performance of the service during the absence of an employee shall be carried out in accordance with the rules laid down by the public at the time of the State.

§ 10. An employee may, in the performance of the duties resulting from the position, as well as for such duties, which may be considered as part of the position, only the pay and other services provided for under sections 24 and 25.

Chapter 3

Suspension, disciplinary proceedings and defamation of libel

§ 11. An employee may be temporarily suspended or temporarily transferred to other work when the person concerned is suspected of a relationship which takes on board the employee the trust that the condition requires, or which, incidentally, does so ; It is questionable that the staff concerned is carrying out its work so far.

Paragraph 2. Decision pursuant to paragraph 1. 1 shall be taken by the institution.

Paragraph 3. Under suspension, the staff shall be paid in accordance with the rules applicable to the state's officials.

§ 12. An employee who is liable to be reported for a misconduct or a criminal offence must have provided a presentation of the facts of the case and have access to a written statement on the manufacture of the case. At the same time, it must be stated to the staff that the person concerned does not have a duty to express his opinion on the manufacturing process.

Paragraph 2. The institution may decide to initiate disciplinary investigation against an employee misconduct. If this is decided, the institution would ask the President of one of the collegial courts to appoint a judge as interrogators.

Paragraph 3. If, in exceptional cases, it is necessary, the institution may, in accordance with the recommendation of the interrogator, and after obtained the opinion of the central organisation, may not be described as a person representing the institution.

§ 13. The staff shall be entitled to meet with a bichable and shall be aware of the invocation of the first interview.

Paragraph 2. A representative of the employee ' s organisation may be used to serve as a representative of the employee ' s organisation, or an official or a lawyer.

Paragraph 3. The interrogator shall determine the provision of depositions and the provision of other evidence lists.

Paragraph 4. Every employee and every member of the Board of the Board shall have an obligation to attend the interrogations and to give an explanation. The person who gives an undue explanation as a witness is punished with a fine or a prison. If a witness fails to make a meeting or repent by giving an explanation, the interrogator may allow the person concerned to interrogate at the right of the place where the interrogations are held or the person concerned.

Paragraph 5. The staff shall have access to a written post, even after the end of the interrogation.

Paragraph 6. The interrogator shall deliver a report by the end of the case. If the institution or the Ministry of Education asks, the interrogator shall also submit an opinion on the decision taken by the institution.

Paragraph 7. The case of hearing and the proceedings being held under the case is not public. However, the institution of the institution may provide for the public to have access to the processing of the proceedings if the person concerned has been requested by the central organisation concerned.

§ 14. May it be assumed that the case is ending with transfer to another place of work or other positions in the area of recruitment, degradation or farewell, shall be communicated to the central organization of the position so that it can have a change in place ; The opportunity to speak in the matter before it is decided.

Paragraph 2. The adoption of the decision taken on the basis of the material shall be made aware of the decision taken on the basis of the decision taken on the basis of the decision taken by the central organization.

Paragraph 3. If the employee is suspected of a criminal offence, the person concerned may be subject to proceedings in the criminal proceedings. This shall not prevent the official interrogation of the staff at the end of the proceedings after the completion of the proceedings.

Paragraph 4. An employee who has been awarded a disciplinary sentence without prior service, without delay, cf. Section 16, can covet a service-testing operation. However, there is only a duty to comply with the request, provided that it is recommended by the Central Organization.

§ 15. If the investigation is completed without a warrant of disciplinary action, the staff of the staff shall be reimbursed for the purpose of the test. In other cases, the institution may, taking into account the outcome and circumstances of the case, make provision for the expenses of the vehicle to be reimbursing, in whole or in part, to the bidbe.

Paragraph 2. Statement by paragraph shall be accepted. 1 shall be granted only if it is deemed reasonable for the staff to have incurred expenses, and the compensation may not exceed what an equivalent amount of work would have been awarded to a defender in criminal proceedings. The interrogator shall deliver an opinion on this subject to the request.

Paragraph 3. If an employee has a disciplinary action on his own hand, proof shall be reimbursed, in whole or in part, where the person concerned is considered to have had reasonable grounds for procure the evidence. The interrogator shall deliver an opinion on this subject to the request.

§ 16. As a disciplinary offence for earnings, warning, reprimand or fines, however, shall not exceed two months of pay, transfer to other work or other place of work or other employment positions ; downgrading-including a drop on a scale of one or more pay steps in the same wage-frame or parting of the same salary. The meeting of 1/25 of the monthly salary and transfer to other work shall not be applicable before the examination is held in accordance with section 12 to 14 unless an unreserved written confession is available in which the employee is accompanied by the actual facts ; circumstances in the defendant's relationship and plead guilty to a misdemeanor. Transfer to another place of work or other positions in the area of employment, degradation or farewell as punishment for misconduct may, once the relationship is not established in judgment, never take place beyond the confines of any form of the official interrogation. Iknow-no-citations can be kept in the pay.

Paragraph 2. Decisions on the recognition of disciplinary action shall be taken by the institution.

§ 17. When an employee is accused of impropriety in the service, or there are earmarks of accusations against the person concerned, the institution may instruct the employee to depict the accusation of judgment.

Paragraph 2. Therefore, where the circumstances are so, the institution may provide the staff with a total or partial reimbursement of any costs incurred at the trial.

Chapter 4

Notice

§ 18. Arrested made redundant by the institution.

§ 19. An employee may require a severed charge on three months ' notice until the end of a month. However, in accordance with section 24 of staff members, agreement may be fixed a further redundancy notice.

20. Set may be made redundant without application with 5 months ' notice to the end of one month, cf. however, paragraph 1 2-7.

Paragraph 2. The diatriation alert for paragraph 1 shall be that : 1 shall be increased by 1 month for each third employment year, however, not more than 8 months.

Paragraph 3. If a further redundancy notice has been established for the staff other than three months, cf. § 19, 2. .. The termination of the redundancies referred to in paragraph 1 shall be extended. 1 and 2 accordingly.

Paragraph 4. The case of dismissal without an application for the disease of an employee in cases where pension payment begins in the immediate end of the severance of the person concerned may be done on three months ' notice.

Paragraph 5. Termination from the part of the institution must take place in such a good time that the termination of a period of inaugural notice may occur before the end of the period and shall be notified to the staff no later than the last of the month following the expiry of the period, The notice warmer starts to run.

Paragraph 6. Set off the dismissal by the end of the month in which the same age shall be laid down in accordance with the other legislation for equivalent officials in the State, or the age of 60 years shall be fixed by general agreement ; between the State and the organizations.

Paragraph 7. Termination may occur with a shorter notice than in accordance with paragraph 1. 1-3, provided that it is justified by the fact that the employee as a result of a criminal offence, misconduct or misconduct is unshakeable to remain in the position.

Paragraph 8. In addition to the employment of years, the employment shall cease at the end of the years.

§ 21. Before an employee is made redundant without application, other than those referred to in section 20 (2), 6, the case referred to in the case shall be given both the central organisation and the staff themselves to make a statement, unless the examination has been held in accordance with section 12 to 14.

Paragraph 2. Anyone who is made redundant without application may require a written notice of the redundancy of the redundancies.

Paragraph 3. In addition to any unclaimed farewells, except for those in section 20 (2). The case referred to in paragraph 6 shall be obtained from the Management Board for Pension Fund or from the pension scheme for the payment of the person concerned in the case of pension funds. The same shall apply in the case of an application farewell, when the application is due to health conditions.

Paragraph 4. At the same time, the institution of the institution shall send an official notification to the negotiating party and the pension fund of the staff involved in the register or to the pension scheme.

§ 22. In the non-application of an employed person who has been uninterrupted in the institution of 12, 15 or 18 years old, the institution of the staff shall be deducted from the deducted of an amount equal to 1, 2 or 3 months of pay respectively. Servants shall be included in the employment period during the employment period.

Paragraph 2. The provision in paragraph 1 shall be Paragraph 1 shall not apply in cases where pension payment from the pension fund (pension) due to age may be initiated in the immediate connection with the severance of the staff.

Paragraph 3. The provision in paragraph 1 shall be Paragraph 1 shall not apply in cases where the dismissation is justified by the fact that the employee as a result of a criminal offence, misconduct or misconduct is unsliced to remain in the position.

-23. Estives the negotiating-entitled organization, cf. Article 24 that a dismissal of an employee cannot be considered reasonable in the circumstances of the institution or of the person concerned, the organisation may require the matter to be negotiated with the institution within a period of four weeks from the date on which it has been given ; the employee notification of the person being discharged. The debate must take place no later than four weeks after the request has been made.

Paragraph 2. Paragraph 1 shall not apply in connection with the dismissal of trust representatives. Reference is made to section 28 (1). Two, in this procladilation.

Paragraph 3. Do not be attained in the first paragraph. One of the parties concerned with satisfactory arrangements may cause the termination of the termination of the institution within four weeks of an arbitral tribunal within four weeks. This consists of 4 members, designated as listed below, and a chairperson who shall be a judge and elected by the members. If there is no agreement on the election of the President, the President of the United States is asked to be brought to justice in the country where the institution is located, to appoint the President.

Paragraph 4. The 2 members of the Board shall be appointed by the Ministry of Education and the institution and the other two other members of the negotiating organisation respectively. Delegates shall be appointed for these.

Paragraph 5. The dossies submitted to the Board shall be speeded up as much as possible. The decision must be accompanied by a justification. The jury's negotiations are not public, and its votations are secret. By the way, the board decides even its business and may also stipulate that a case must be settled after written voting without the need for the members of the jury to be met.

Paragraph 6. In arbitration cases, the parties shall be entitled to have a meeting with a expert and / or a legally qualified bisisit.

Paragraph 7. The Board shall determine whether the opinions are to be given in writing or whether they are to be submitted during an interrogation.

Paragraph 8. The Board shall issue a motivated warrant and in cases where the Board may find that the dismissal has not been reasonably justified in the circumstances of the person concerned or the institution of the institution, it may be charged to mitigate the effects of the termination. It may be imposed upon the institution if the institution concerned does not, if it is not both, to maintain that the payment of the person concerned, the amount of which is fixed by the Board and must be dependent on the circumstances of the case ; and the anciennity of the institution.

Niner. 9. Publication of the decision of the jury may take place according to the provisions of the Board. Information on any dissentient vota may not be given.

Paragraph 10. The cost of the jury in relation to the case shall be fixed by the Board. The costs, including the costs of apitations, may be imposed on one of the parties or the distribution between them.

Paragraph 11. The jurisdiction of the juror shall be made redundant after the termination of disciplinary proceedings when the interrogator has issued a recommendation on dismissal, as set out in the case of the interrogator. Section 13 (1). SIX, TWO. Act.

Chapter 5

Negotiation and Organization Relationship

§ 24. The non-employment and employment conditions of staff covered by this notice shall be determined in accordance with the relevant general agreement between the Finance Minister and the central organizations of the officials.

Paragraph 2. Agreements in accordance with paragraph 1. However, 1 may not be concluded on matters governed by law or on the institution ' s duties, organisation or personnel requirements.

Paragraph 3. Furthermore, the provisions of Chapter 10 of the Official Act of Staff Regulations and Chapter 12 concerning the right of the official shall apply mutatis muted.

Chapter 6

Personal Markup

§ 25. An employee who, pursuant to the rule in paragraph 6, paragraph 1. 3, or for any other reason which cannot be attributing to the person concerned, transfer to a different appropriate position where the salary is lower than in the previous position, shall retain the salary of the previous position.

Paragraph 2. The salary of the previous position includes the overall fixed salary, including pension contributions to a supplementary pension scheme. Paypieces of paid compensation for overtime, merges or work at indict times are not included. Fixed Term and Task Specific Parts are included until the end of the period of the task completion of the task item.

Paragraph 3. Anciennity conditional wage increases are provided at the times when the staff would have been entitled to do so on the basis of continuing employment in the previous position.

Paragraph 4. The salary of the previous position shall be determined on the basis of the position of the position at the nedent time calculated according to the conditions of the new place of service.

Paragraph 5. The salary shall be adjusted in accordance with general regulations for officials ' salaries.

Paragraph 6. An employee who, in accordance with paragraph 1. 1 has maintained the salary of the previous position, may at any time choose instead to surrender to the terms or conditions laid down for the employment of the person concerned in the new position.

Chapter 7

Salary write

SECTION 26. The applicant may provide for transport on a salary to recognised loans institutes, in accordance with the rules of the State.

Paragraph 2. Except for the cases referred to in paragraph 1. 1, an employee may not assign, pawn, or otherwise have non-paid pay.

Chapter 8

Disease, maternity leave, freedom of service, etc.

§ 27. On disease, pregnancy, maternity and adoption, freedom of service, provision of services for missions, service housing, accommodation and repayment of the institution are used by the institution of officials in force similar to that. The same applies to vacations, where nothing else has been agreed.

Paragraph 2. The provision of service freedom without pay shall be reported to the pension fund, cf. Section 33 (4). 2.

Chapter 9

Trust representatives

§ 28. Trust representatives shall be subject to the agreement of trust representatives in the State at any time.

Paragraph 2. In the case of trust representatives, the rule shall be replaced by the section 23 (1) of this Order. 1, on the subject of parting of the rules governing the representative of the Staff Regulations, in accordance with the rules of the contract of trust, cf. for the time, section 14. 1 and 2, cf. Section 11 (1). 2, in agreement of 30. September 2008, the state of trust in the state, etc., the circular number of the Personnel Management Board. 058-08.

Paragraph 3. In the case of the arbitral board, cf. Section 23, paragraph 1. 3, processing cases concerning the dismissal of a representative of the confidence of a representative shall be counted 4 weeks from the termination of the termination.

Chapter 10

Income Revenue

§ 29. The spouse of an employee who, by his own death, has been paid, is entitled to income, unless the marriage was dissolved by divorce. If the person concerned does not leave a spouse, but child pension rights, these are eligible for income.

Paragraph 2. In so far as the position of the deceased was attached, they shall have after paragraph 1. 1 justifiable, within a period of three months, to stay in the residence of the staff in accordance with the conditions under which it is employed. Office premises and other servants for the service shall, however, immediately be moved immediately, just as they may be required to make at least a residence room available to the person who is to take the post after it, The deceased.

Paragraph 3. If an employee is dying without leaving his spouse or children under the age of 18, the person in the debt is entitled to revenues.

-$30. Income accounts for each month represents an amount equal to the last paid wage earnings.

Paragraph 2. The right to an income shall comprise a period of three months after the death, cf. however, paragraph 1 3.

Paragraph 3. If an employed person has died as an immediate result of injury during the execution of the service, the right to revenues shall be subject to paragraph 1. 1 a period of 12 months.

§ 31. If a spouse entitled to income is due to expire before the end of the revenue period, the part of the income which has not been paid in death has not been paid to the children ' s children ' s pension entitlement or to the estate of the early age of the death of the early age of the child.

§ 32. Reward provisions in section 29-31 on living spouses also deal with registered partners.

Chapter 11

Pension mv.

§ 33. It shall be borne by the institution to ensure that the employees are admitted to the pension fund in the case of pension funds. If the Staff Regulations do not make this possible, then the employee is being sought in a different pension scheme approved by the Ministry of Finance.

Paragraph 2. If non-remuneration is granted without pay, the institution shall report this to the pension fund. The same applies to changes to the level of employment.

Paragraph 3. In the case of employees with the membership of a national guaranteed pension fund, pension contributions to the pension fund shall be paid to the pension fund according to the rules governing staff at all times in respect of officials in official posts.

Chapter 12

Complagues

§ 34. Complaction of the institution ' s decisions in accordance with the notice shall be submitted to the Board of Directors of the institution.

Paragraph 2. Complaction of the decisions of the Management Board may not be brought to the Ministry of Education, unless there is a complaint concerning the suspension or the suspension of disciplinary proceedings, or legal certainty for reasons of principle.

Paragraph 3. The deadline for the submission of complaints is four weeks from the date on which the decision has been communicated.

Chapter 13

Entry into force and transitional provisions

$35. The announcement shall enter into force on 1. January, 2009.

Paragraph 2. The provision in section 22 (4). 2 shall be repealed with effect from 1. April 2009.

Paragraph 3. Previous rules in section 27, section 29, paragraph 1. 4, and section 30 of the Social Management Cirdeclaimer. 593 of 15. In September 1978 on the regulation of staff employed by staff at the social educational seminars, staff employed before 1 shall be retained by staff at the Social Education Training. August 1992. Expenditure to be paid in accordance with section 30 of the abovementioned rules shall be borne by the self-governing institution.

The Ministry of Education, the 8. December 2008 P.M.V.

LARS MORTENSEN
Manager / Karen Jepsen