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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Read the untranslated law here: https://www.retsinformation.dk/Forms/R0710.aspx?id=122483

Overview (table of contents) Chapter 1 Recruitment

Chapter 2 Obligations

Chapter 3 Suspension, disciplinary proceedings and defamation actions

Chapter 4 Removal

Chapter 5 negotiation and organizational matters

Chapter 6 personal allowances

Chapter 7 Lønforskrivning

Chapter 8, sickness, maternity leave, etc.

Chapter 9 Union representatives

Chapter 10 After income

Chapter 11-Board, etc.

Chapter 12 Complaints

Chapter 13-entry into force and transitional provisions The full text of the Executive order on the conditions of employment of civil servants like servants of university colleges of higher education, etc.

Under section 33, paragraph 1, of the basic regulation. section 58, paragraph 2, of the law on the University colleges of higher education, see. lovbekendtgørelse nr. 1091 of 18. November 2008, and under the authority of the Minister of Finance shall be fixed:

§ 1. As a civil service employee covered by this Ordinance shall be deemed to be similar only personnel prior to the entry into force of the Executive order are employed by private engineering colleges and seminaries in accordance with Decree No. 522 of 18. June 1992 concerning conditions of employment of civil servants like servants of private seminaries, business schools, business school and College departments, and which has not subsequently released for recruitment on different terms.

(2). The Ordinance does not provide access to new employment of personnel on staff-like conditions.

(3). Staff within the scope of this notice are referred to in the following as employees.

(4). Where in this Ordinance, the place of a competence to the institution, the competence of the institution's Board.

Chapter 1

Recruitment

§ 2. Recruitment may have the following forms:





1) Lasting employment.

2) Recruitment in years.





(2). Recruitment in accordance with paragraph 1 may be on a part-time basis-however, at least at half-time.

(3). Prior to employment at say applies rules of the Ministry of finance circular on fixed-term appointment, for the time being circular No. 188 of 7. November 2001, staff of the Agency's no. 032-01.

§ 3. Recruitment is carried out by the institution.

§ 4. An employee seeking another position may require that the employee's current closest overall Chief or head of the institution shall deliver a written assessment of the staff member to the appropriate appointing authority. The employee must be given a copy of the assessment.

§ 5. No can also be permanently employed after this order in more than one position.

Chapter 2

Duties

§ 6. The staff member must conscientiously abide by the rules that apply to his or her position, and both within and outside the service prove worthy of the esteem and confidence, as the position requires.

(2). The employees must observe silence with regard to the facts which, in virtue of his position will be familiar with, and if the secrecy is inherently required or will be legally prescribed. Secrecy cease not with his or her termination of service.

(3). Within his area of employment the employee has a duty to submit to such changes in its service scope and nature stores, that does not change the nature of the service, and which do not give rise to that post no longer can be considered as appropriate for that. To the same extent it may be imposed on the employee to take another post.

(4). A teacher must teach in the training areas, concerned after his education and previous employment is formally or de facto qualified for.

§ 7. Within its employment area has an obligation to make temporary service employee in a position that is collateral to or higher than the person's own position.

§ 8. An employee can only have employment outside the service as and to the extent that it is compatible with the conscientious performance of his/her duties and with the necessary respect and trust for the position.

§ 9. Any costs to the service's execution under a staff member's absence due to civic duties are held in accordance with the rules laid down for State officials.

§ 10. A staff member may, for the performance of the obligations resulting from the post, as well as for such duties, which must be considered as part of the post, only receive such salary and other benefits, as provided for under sections 24 and 25.

Chapter 3

Suspension, disciplinary proceedings and defamation actions

§ 11. A staff member may be suspended or temporarily transferred to other work when the person has incurred due to the suspicion of a relationship that captivates the employees the confidence that the dispute of the post requires, or which by the way makes it questionable that the employee continuously performs its work to date.

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

(3). During the suspension, the employee receives a salary in accordance with the rules in force for State officials.

§ 12. A staff member who was reported for an official misconduct or a criminal offence shall be given a statement of the facts of the case and have access to submit a written opinion on the production. At the same time, to the satisfaction of the employees must be informed that the person does not have a duty to speak out on the production.

(2). The institution may decide to initiate the disciplinary inquiry against an employee for misconduct. If this is decided, it shall request the institution of the President of one of the collegiate courts to appoint a judge as interrogator.

(3). If it is required, can be found in special cases the institution after interrogation the Manager's recommendation and after consultation of the central organisation concerned, appoint a person to represent the institution.

§ 13. The employee is entitled to provide the meeting with a person and shall, at the request of the first interrogation be acquainted therewith.

(2). Assessor can be used by a representative of the workers ' organization, an employee of that institution or a lawyer.

(3). Interrogation leader determination on witnesses and take on the provision of other supporting documents.

(4). Any official and any member of the Board of Directors of the institution he or she is required to attend under interrogation and testify. The, which give off false explanation as a witness, punishable by fine or imprisonment. If a witness fails to appear or refuses to give evidence, can the leader let the concerned question interrogation in the courts for the place where the course is held, or the person concerned resides.

(5). The employees have access to submit written observations, also after the end of forhørenes.

(6). Interrogation leader delivers the conclusion of the proceedings an account. If the institution or the Ministry's request, must also submit a recommendation on the head interrogator on the circumstances of the decision.

(7). Interrogation and court sessions are held in the course of the proceedings, is not open to the public. Institution concerned may, however, provide that the public shall have access to attend the proceedings, if the staff member with the connection of the central organisation submitting the application.

§ 14. It must be assumed that the case ends with the transfer to another place of work or to other positions within the employment area, degradation or parting, he or she shall be given notice of proceedings central organisation position, so that the latter may have an opportunity to comment on the case before it is decided.

(2). Central organisation concerned has on application requirements to be made aware of the decision taken on the basis of the official investigation provided material.

(3). If the employee is suspected of an offence, he may require the matter dealt with as criminal proceedings. This does not preclude the fact that after the end of the trial initiated criminal conduct was questioning of the staff member.

(4). An employee who is assigned to a disciplinary penalty without prior official was questioning the meaning. § 16, can apply for an official investigation launched. However, there are only obliged to meet the request, if it is recommended by the central organization.

§ 15. The investigation shall be terminated without imposition of disciplinary punishment shall be reimbursed to the employees ' expense to the assessor. In other cases, the institution, taking into account the outcome of the case and the circumstances, moreover, provide for the cost of the assessor to be reimbursed in whole or in part.

(2). Compensation in accordance with paragraph 1 shall be granted only if it is deemed reasonable that the staff member has incurred expenses to the assessor, and the compensation may not exceed what a comparable work would have been awarded an officially appointed defender in criminal proceedings. The manager shall deliver an opinion on application of interrogation on the subject.

(3). Has an employee under disciplinary proceedings on its own evidence, shall be reimbursed expenses obtained hereby in whole or in part, when the person concerned shall be deemed to have had reasonable grounds to obtain the evidence. The manager shall deliver an opinion on application of interrogation on the subject.


§ 16. As a disciplinary punishment for official misconduct can be used warning, reprimand or fine must not exceed 1/2 month's wages, transfer to other work or other place of work or to other positions within the employment area, degradation, including relegation with one or more steps within the same pay range or removal. Fine of 1/25th of the monthly salary and transfer to other work cannot be used in interrogation is held in accordance with §§ 12-14, unless there is an unconditional written confession, in which the staff member admits the facts of the påsigtede relationship and acknowledges the guilty of a service offence. Transfer to another place of work or to other positions within the employment area, degradation or removal as a punishment for misconduct, when the relationship is not determined by judgment, never take place without official was held after interrogation. Imposed on fines can be contained in the wage.

(2). Resolution on imposition of disciplinary action taken by the institution.

§ 17. When an employee is accused of uretskaffenhed in service, or made defamation against the person concerned, the institution may instruct the staff to shirk the accusation by dom.

(2). If conditions justify it, the institution can provide the employees full or partial reimbursement of any costs at the trial.

Chapter 4

Removal

§ 18. Employees dismissed by the institution.

§ 19. An employee may ask himself dismissed with 3 months ' notice to the end of a month. However, there may by agreement under section 24 for groups of employees determined a longer redundancy notice.

§ 20. Employees can be dismissed without application with 5 months ' notice to the end of a month, see. However, paragraphs 2 to 7.

(2). Redundancy notice in accordance with paragraph 1 shall be increased by 1 month for every third year of their employment, to a maximum of 8 months.

(3). If there is a longer redundancy notice to the employee than 3 months, see. § 19, 2. point, extended redundancy notice in accordance with paragraphs 1 and 2 accordingly.

(4). Dismissal without application due to illness of a staff member, in cases where pension payment commences in close connection with the Member's resignation, can happen with 3 months ' notice.

(5). Termination from the institution must be in sufficient time to enable the resignation with it for a period of employment given notice can take place before the end of the period and must be communicated to the employee in writing no later than the end of the month, after which the notice period begins to run.

(6). Employees dismissed for resignation by the end of the month in which they obtain the age after the other legislation is prescribed for the corresponding civil posts in the State, or obtain the age over 60 years of age, as determined by general agreement between the State and organizations.

(7). Termination can be done with a shorter notice than provided for in paragraph 1-3, if it is justified by the fact that the staff as a result of the offence, misconduct or mislighed is unfitted to remain in the post.

(8). Prior to employment at say ceases his employment, incidentally, by åremålets expired.

§ 21. Before an employee dismissed without application, shall-without prejudice to article 20, paragraph 6, referred to case-is given as well as the central organisation staff concerned, even access to comment, unless the questioning has been held in accordance with §§ 12-14.

(2). Anyone who dismissed without application, may require the written information on the reason for their dismissal.

(3). Prior to any compulsory removal-except for those in section 20, paragraph 6, in the cases referred to in the opinion of the Board be obtained-for the pension fund or from the pension scheme of the person's claim on pension. The same is true when applied to the removal, when parting application due to medical conditions.

(4). The institution provides at the same time as the notice of compulsory removal to a staff member inform the negotiating legitimate organization as well as the Pension Fund for employees who are included in the box, or to the appropriate pension scheme.

§ 22. Compulsory removal of an employee who has been continuously employed by the institution in 12, 15 or 18 years, the institution at the employee's resignation, unRAR an amount equivalent to respectively 1, 2 or 3 months of salary. Leave with pay shall be included in the period of employment.

(2). The provision of paragraph 1 shall not apply in cases where the pension payment from the Pension Fund/pension scheme on grounds of age can be initiated in the immediate context of the employee's resignation.

(3). The provision of paragraph 1 shall also not apply in cases where parting is justified by the fact that the staff as a result of the offence, misconduct or mislighed is unfitted to remain in the post.

§ 23. Deems the negotiating legitimate organization, see. section 24 that a dismissal of an employee cannot be considered reasonable, in the interest of the institution or his/her relative, your organization may require the question negotiated with the institution within a period of 4 weeks from the date on which the staff member is given notice of, that he or she is dismissed. The debate must take place no later than 4 weeks after the request is made.

(2). Paragraph 1 shall not apply in relation to the dismissal of trade union representatives. Reference is made to section 28 (2) of this Ordinance.

(3). In the absence of the negotiation referred to in paragraph 1, a satisfactory arrangement for the parties, the case may, unless the termination is due to the institution's termination, within 4 weeks be brought before an arbitral tribunal. This consists of 4 members, appointed as specified below, and a President, who must be a judge, and who shall be elected by the members. If no agreement can be reached on the election of the President, requested the President of the Court of appeal in the High Court district in which the institution is located, to appoint the President.

(4). The 2 members of the Board shall be appointed by the Ministry of education and the institution concerned respectively and the other 2 of the negotiating legitimate organization. Appointed deputies for these.

(5). The cases submitted to the Tribunal, shall be accelerated as much as possible. The decision shall be accompanied by a statement of reasons. The Board's deliberations are not public, and its writing is secret. In addition, the Board will determine its own rules of time and can including also provide that the matter should be decided at the written assessment, without it being necessary that the Committee members meet.

(6). In arbitration, the parties are entitled to appear with an expert and/or a legal expert assessor.

(7). The Tribunal determines whether the statements must be submitted in writing, or whether they should be carried forward during an interrogation.

(8). The Committee delivers a motivated order, and in those cases where the Tribunal might find that the dismissal is not reasonably justified by the person concerned or the institution's conditions, it can be imposed on the institution to cope with the consequences of the dismissal. It can thus be imposed on the institution, if the person concerned and the institution does not both want the employment relationship is maintained, to pay a compensation to be determined by the Board and must depend on the circumstances of the case and his seniority in the institution.

(9). Publication of the Board's decision can only take place after the Board's regulations. Indication of any dissenting votes must not be given.

Paragraph 10. The Board's costs of the proceedings shall be determined by the Board. Costs, including the costs of assessor, may be imposed on either of the parties or be distributed among these.

Paragraph 11. Excluded from the Board's jurisdiction is layoffs, which happens after the holding of disciplinary investigation when interrogation leader has delivered a recommendation to dismiss without prejudice. section 13 (6), 2. PT.

Chapter 5

Negotiation and organizational matters

§ 24. Wages and conditions of employment for employees subject to the provisions of this Ordinance, shall be determined in accordance with the applicable master agreement between the Finance Minister and the central organizations of civil servants.

(2). Agreements referred to in paragraph 1 may, however, not be concluded on the conditions determined by law or terms of the institution's tasks, organization or staffing needs.

(3). The provisions of the Civil Service Act Chapter 10 about negotiation and organizational matters and Chapter 12 of the staff, the Court considers, moreover, apply mutatis mutandis.

Chapter 6

Personal allowances

§ 25. A staff member who, pursuant to the rule in article 6, paragraph 3, or by any other cause that is not attributable to the person concerned, are transferred to another suitable position, where the pay is lower than in the previous position, retaining the current wage in position.

(2). Wages in the former position includes the aggregate fixed pay, including pension contributions to a supplementary pension scheme. Wage shares granted as compensation for overtime work, overtime work or work at inconvenient times, are not included. Limited in time and task specific wage components included until the end of the period, respectively task varetagelsens ceasing.

(3). Seniority-related wage increases provided at those times when the employee would have been entitled to do so by continuing recruitment in the previous position.

(4). Wages in the former position is determined on the basis of the wage position at relegation at the time calculated in accordance with the conditions at the new place of employment.


(5). The salary shall be adjusted in accordance with the General regulations of the civil service salaries.

(6). A staff member who, pursuant to paragraph 1 has kept wage in the previous post may at any time choose instead to move to the conditions of remuneration that are or will be provided for the person's employment in the new position.

Chapter 7

Lønforskrivning

section 26. Employees can provide transportation on salary to recognised lending institutions in accordance with the rules in force for State officials.

(2). Apart from the cases referred to in paragraph 1, a staff member may not assign, mortgage or otherwise dispose of wages that have not been paid.

Chapter 8

Sickness, maternity, leave, etc.

§ 27. Relating to illness, pregnancy, maternity and adoption leave, coverage of additional costs to missions, service housing, rental housing and move the institution uses the remuneration for civil servants applicable rules accordingly. The same goes on vacation, where nothing else is agreed.

(2). The granting of special leave without pay shall be transmitted to the institution, without prejudice. section 33 (2).

Chapter 9

Union representatives

section 28. Union representatives are covered by the current agreement at any time on the Union representatives in the State.

(2). For Union representatives replaced the provision in this order section 23, paragraph 1, concerning the negotiation in connection with removal of the rules for civil servants like servants of the Union delegate agreement, see. currently § 14 (1) and (2) of the basic regulation. section 11, paragraph 2, of the agreement of 30. September 2008 of Union representatives in the State, etc., Staffing Agency's circular No. 058-08.

(3). In cases where the Arbitration Board referred to in article 6. section 23 (3) deals with cases concerning the dismissal of a Union representative, counted 4-week deadline from paid donations.

Chapter 10

After revenue

section 29. The spouse after an employee who was receiving salary at the time of his death, are entitled to the following income, unless the marriage was dissolved by divorce. Leaving the question not spouse, but child beneficiaries children, these are eligible for after revenue.

(2). To the extent that the deceased's position was associated with service housing, they have to after income eligible also under paragraph 1 within a period of 3 months the right to remain in the dwelling on the staff of the applicable terms. Office space for official use and other specific premises must be vacated immediately, as well as, as appropriate, may be imposed on those left behind to provide at least a residential room available for those who need to fill the post after the deceased.

(3). The death of a staff member dies without leaving one spouse or children under 18 years of age, his/her stay eligible for after revenue.

section 30. After revenue poses for each month an amount equal to the last paid wages.

(2). The right to the following income includes a period of 3 months after the death, see. However, paragraph 3.

(3). Is an employee died as a direct result of the personal injury during the execution of the service, includes the right to the income referred to in paragraph 1 after a period of 12 months.

section 31. If a spouse who is entitled to the following income in the event of the death, before after revenue period, is for the portion of income that is not paid for by death, førstafdødes child beneficiaries children or lived.

section 32. The foregoing provisions of §§ 29-31 on surviving spouses also refers to registered partners.

Chapter 11

Pension, etc.

section 33. It is the responsibility of the institution to ensure that the employees are recorded in the Pension Fund in accordance with the statutes of the institution concerned. If regulations do not permit this, the staff member admitted in another pension scheme, approved by the Ministry of finance.

(2). Provided that there shall be granted special leave without pay, the institution must report this to the institution. Similarly, changes in the employment rate.

(3). For employees with membership of a State-guaranteed pension fund shall be paid pension contributions to the Pension Fund in accordance with the State institutions at all times applicable rules concerning employees in civil service posts.

Chapter 12

Complaints

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

(2). Complaints about the Board's decisions cannot be challenged before the Ministry of education, except in the case of complaint concerning the suspension or imposition of disciplinary punishment, or the principle of legal certainty reasons therefor.

(3). The closing date for the submission of complaints is 4 weeks from the day the decision is announced.

Chapter 13

Date of entry into force and transitional provisions

section 35. The notice shall enter into force on the 1. January 2009.

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

(3). The existing rules in section 27, section 29, paragraph 4, and section 30 of the Social Agency's circular memorandum No. 593 of 15. September 1978 on rules for it on civil service personnel in similar terms the socio-educational seminars are maintained for staff recruited before 1. August 1992. The costs of the early retirement scheme pursuant to section 30 of the said regulations shall be borne by the independent institution.
The Ministry of education, the 8. December 2008 P.M.V.

LARS MORTENSEN Steering Head/Karen Jack