REGULATION (NAO) NO. 01/2018 ON EMPLOYMENT RELATIONSHIP

Transcription

1 REPUBLIKA E KOSOVËS REPUBLIKA KOSOVO - REPUBLIC OF KOSOVO ZYRA KOMBËTARE E AUDITIMIT NACIONALNA KANCELARIJA REVIZIJE NATIONAL AUDIT OFFICE Pursuant to Article 15 paragraph 2 of Law no.05/l-055 on the Auditor General and the National Audit Office of the Republic of Kosovo (Official Gazette of Republic of Kosovo no. 17/10 June 2016), and Taking into account the values and principles of the Labour Law and the Law on Civil Service, as well as International Standards on Supreme Audit Institutions (ISSAI) issued by the International Organization of Supreme Audit Institutions (INTOSAI); The Auditor General approves the following: REGULATION (NAO) NO. 01/2018 ON EMPLOYMENT RELATIONSHIP Prishtina, 09 March

2 CHAPTER I I. GENERAL PROVISIONS Article 1 Purpose The purpose of this regulation is to define in detail the procedures for establishment of employment relationship, rights and obligations of employees that derive from this relationship, as well as disciplinary and appealing measures and procedures, as regulated under this Regulation. Article 2 Scope and Limitations 1. The provisions of this Regulation apply for categories of job position defined in Article 9.2 and Article 15 of Law no. 05/L-055 on the Auditor General and the National Audit Office of the Republic of Kosovo. 2. For the categories of employees enjoying the status of the civil servants within the National Audit Office of the Republic of Kosovo (hereinafter: NAO), the respective legislation for civil service is implemented. 3. This Regulation is applied accordingly for appointees in the Cabinet of the Auditor General. 4. For other employees in NAO who do not belong to the categories of employees in paragraphs 1, 2 and 3 of this Article, provisions of the Labour Law and the provisions of this Regulation as supplementary provisions are implemented. Article 3 Definitions 1. For the needs of this Regulation, terms used shall have the following meaning: 1.1 Law implies to the Law no. 05/L-055 on the Auditor General and the National Audit Office of the Republic of Kosovo. 1.2 Legislation - implies to the primary and secondary legal acts that are applied in the Republic of Kosovo. 1.3 ISSAI - implies to the International Standards of Supreme Audit Institutions issued by INTOSAI. In this context, the sentence in this Regulation: acts issued by the INTOSAI is used accordingly. 1.4 INTOSAI - implies to the International Organization of Supreme Audit Institutions. 1.5 Auditor - implies to an official authorised by the Auditor General to carry out functions provided by the Law. For the purposes of this Regulation, the term auditor shall also imply to the official that exercises audit functions specified in Article 16 of this Regulation and on the sub-legal act for classification and systematization of job positions in NAO. 2

3 1.6 Employment relationships - implies to an agreement or legally binding contractual arrangement between the National Audit Office, as an employer on one side and employees that perform certain duties and responsibilities on the other, against a payment agreed upon in form of money. 1.7 National Audit Office or employer have the same intention, but when one or the other is used it depends on its adequacy and the context of the sentence. 1.8 Employment Contract - is an individual act entered into between the NAO and employee under which rights, duties and responsibilities that arise from the employment relationship are regulated in line with this Regulation and other acts issued by the employer; 1.8 Job place or Job position shall have the same meaning, but the use of one or the other shall depend on the adequacy of sentence context; 1.9 Public competition implies to the public announcement of job vacancy; 1.10 Internal competition implies to a public announcement for job vacancy, for which under the competition procedures all employees of the NAO shall have the right to participate; 1.11 Employer, employee, or personnel shall have the same meaning and includes officials that have employment relationship with NAO, which is regulated by this Regulation. These designations are used accordingly with the context of the sentence and refers to both genders; 1.12 Special act implies to an Act adopted by the Auditor General for implementation of this Regulation covering issues concerning employment relationship; II. PROCEDURES FOR ESTABLISHMENT OF EMPLOYMENT RELATIONSHIP Article 4 Core principles for establishment of employment relationship Employment relationship is established under the Law no. 05/L-055 on the Auditor General and the National Audit Office of the Republic of Kosovo, through the procedures established by this Regulation and in line with principles of merit, legality, professional ability, impartiality, equal opportunities, non-discrimination. Article 5 Recruitment plan 1. Job vacancies are manned in line with the Recruitment Plan. 2. Depending on the needs of the organizational units and other circumstances, the Auditor General approves the Recruitment Plan, which is submitted to the Human Resources 3

4 Division (hereafter HRD) before 31 st December of the calendar year. The Recruitment Plan includes the number of job positions allowed under the NAO s budget for the fiscal year. 3. The Recruitment Plan may be amended and supplemented at any time by the Auditor General, depending on the unforeseen circumstances and in cases when a job position becomes available. Article 6 Announcement of job vacancy competition 1. The competition is announced with the decision of the Auditor General. Deciding on the type of competition and the duration of employment relationship is conditioned with needs and circumstances that have created the job vacancy. 2. In cases when an internal competition fails, procedures for establishment of employment relationships are developed based on public competition. 3. Notwithstanding the provisions of paragraph 2, the Auditor General can decide on announcement of public competition. 4. For job vacancies defined in Article 9.2 of the Law, the competition shall be announced at least sixty (60) days before the mandate of the current contract holder ends. 5. If for a job vacancy have applied less than three (3) candidates who meet conditions set out in the competition, then the competition for job vacancy shall be published again. According to the job vacancy that was re-published, a candidate that meets the criteria specified therein will be selected, regardless of the number of applicants. 6. The competition of job vacancy remains open for fifteen (15) days. If within this deadline the number of received applications is insufficient, the HRD may propose to extend the competition deadline for seven (7) more days. 7. The competition is published in the official website of NAO and is placed on visible area within the NAO. If the competition is public then shall be announced at least in two newspapers. 8. The competition is published in the official languages of the Republic of Kosovo. 9. HRD develops administrative procedures for job vacancy announcement. Article 7 Content of the advertisement 1. Published advertisement for job vacancies should contain: 1.1. Complete name of the NAO; 1.2. Title of the job vacancy and reference number; 1.3. Classification and grade of the position; 1.4. Required professional qualifications; 4

5 1.5 Prior working experience; 1.6 Brief description job duties; 1.7. Special conditions required for the said job position; 1.8. The period for which the employment relationship is established; 1.9. Information on the method how to get the application and method of delivery; Information on which documents should be attached to the application; Deadline on the closure of competition; and Other information that is deemed necessary. 2. The content of the competition should be in accordance with conditions and criteria established by NAO s internal acts. If the competition contains technical or administrative errors, its correction can be made. The notice for correction of errors shall be published in accordance with provisions of paragraph 7 of Article 6 of this Regulation. 3. The competition should also contain the following notes: The National Audit Office provides equal employment opportunities for all citizens of Kosovo and welcomes applications from all communities in Kosovo. Only the official application form will be considered. Applications submitted after the stipulated deadline will not be accepted and incomplete applications will be rejected. Only short-listed candidates selected will be contacted. Further on, candidates who do not meet the conditions will also be notified that they are not selected to undergo the employment procedure. Article 8 Official application form 1. Candidates have to fill out the official application form which can be obtained at the Headquarters of NAO, or downloaded from the website. 2. The official form should be accompanied by copies of relevant documents required under the respective competition including, but not limited to, a copy of the ID card, educational background and working experience. 3. Failure to use the official results in the immediate rejection of the application. Article 9 Receipt and processing of employment applications 4. All applications of candidates submitted in physical form or through mail shall be accepted by the Division for Document Administration. After being received, applications are recorded in the Protocol Book and submitted to the HRD. 5. HRD develops an electronic system for receiving the applications. This form is equal to applications received under paragraph 1. When a candidate applies in an electronic form he/she receives a confirmation on the application received. 6. HRD compiles a list of applications received and with relevant documentations submits it to the relevant Committee within (5) days from the expiration of the competition deadline. 5

6 Article 10 The Committee for developing recruitment procedures 1. The committee for developing employment procedures is established by the Auditor General within the timeframe of advertised competition. 2. The Committee is established in composition of three (3) members, one of whom is appointed as a chairman. The Committee should be gender and ethnically balanced. 3. If the committee cannot be established in line with the previous paragraph, the Auditor General prepares a description note, or refers to this paragraph. 4. As members of the Committee can also be appointed Persons who are employed in other public institutions or non-governmental organizations registered in the Republic of Kosovo having education and professional knowledge on the tasks in which candidates are tested and interviewed for a given job position. 5. The mandate of the Committee members ends with the conclusion of employment procedure. 6. The Committee on the Developing of Employment Procedures shall apply provisions of this Regulation and the provisions of the Law on General Administrative Procedure, in matters related to its competence. 7. Provisions of paragraphs 4, 6 and 7 of Article 73 of this Regulation shall also apply mutatis mutandis to the Committee for developing employment procedures. 8. HRD is responsible for provision of administrative support to the Committee on development of recruitment procedures. Article 11 Procedures for selection of candidates for testing 1. The Committee for developing employment procedures, within five (5) days from the receipt of documentation from the HRD, reviews applications. Application of each candidate is subject to an objective evaluation which takes into account all criteria that are characteristic for each individual candidate, and in line with the criteria set out in the competition, compiles a short list of candidates who are invited for written test. Further on, candidates who do not meet the conditions are notified that they have not been selected to undergo the employment procedure. 2. Incomplete applications that have been received after closing date of competition and applications of candidates that do not meet conditions set out in the competition are rejected by the Committee. 3. Notwithstanding the provisions of Article 12 of this Regulation, no written test is required for the jobs specified in Article 9.2 of the Law. 6

7 Article 12 Written test 1. Written test of candidates should be held within fifteen (15) days after the conclusion of competition. 2. Notification of candidates selected for testing shall be done no later than two (2) days prior to the written test. Notification of candidates is done through , phone and published on NAO s official website. 3. Committee drafts the written test. The total score from the written test is one hundred (100) points. If the Committee does reasonably foresee, the test may also include questions in the form of essay. 4. Committee prepares responses to the questions asked and sets a scoring norm for each response given by the candidate. 5. After the test is held, the Committee within five (5) days produces a list with results achieved in the test. 6. Test participants are notified of the test results. Notification is done by , and by placing the announcement on the notification board. Notification also contains the right of the applicant that he is entitled to access to the test within two (2) days. 7. After eventual remarks and correction of test results, the Committee may change the list with the ranking of candidates with points scored. 8. Candidates that have received over 50% points in the written test are invited for an interview. 9. Committee shall be responsible under the applicable legislation for the work performed and in safekeeping of written tests information. Article 13 Interview 1. Interviews are held within ten (10) days after the conclusion of written test, while candidates are notified at least two (2) days prior to the interview. 2. If a candidate cannot physically attend an interview, the Committee may apply a special interviewing opportunity such as distance interview. For the purposes of this Article, the term distance interview, means communicating through electronic means - technology allowing video-conferences. 3. Committee prepares questions for interview and sets a scoring norm with points for each answer given by the candidate. The total of points that could be scored in an interview is (100) points. 7

8 4. In certain cases, the Auditor General may decide to allow external monitoring of the interview. Article 14 Announcement of results and appointment of candidate by the Auditor General 1. Within seven (7) days from the conclusion of the interview process, the Committee for developing employment procedures drafts a written report for the Auditor General. If the Committee concludes that none of the candidates tested has scored satisfactory results, they present this in the report, with a special note. 2. The Auditor General may partially or completely cancel the competition if he considers that the process has resulted with unsuccessful candidates, has noticed irregularities in the process, notices deviations during the process, or barriers appear that hinder implementation of the Recruitment Plan under which the competition was announced. 3. No information on the results should be communicated by the Committee for developing of employment procedures, up to the approval of the report by the Auditor General. 4. If the Auditor General approves the report, the HRD immediately announces the results and notifies participating candidates, including the successful candidate. A successful candidate is considered the candidate who has scored the highest number of points. 5. The announcement with the list of competing candidates and the number of points scored is placed on the notice board and on the official website. 6. After the expiration of appeals, if any, the Auditor General decides on the appointment of the successful candidate. 7. The nominated candidate, within three (3) days is invited by the HRD for signing of the contract, on a date that which according to a rule should not be longer than thirty (30) days. The effective date of appointment is considered the date on which the appointee signs the employment contract. 8. If the nominated candidate, for whatever reason does not sign the employment contract, the Auditor General appoints the next candidate ranked on the list, in that employment process. 9. The provisions of paragraph 8 of this Article shall not apply with respect to the vacancy notice set out in Article 9.2 of the Law, which, in this case, shall be re-announced. Article 15 Complaints 1. The candidates dissatisfied with the results shall have the right to appeal within eight (8) days after receiving of the notice. The complaint is addressed to the Complaints Committee within the NAO. 2. Submission of complaints shall suspend the employment procedure, up to their review. 8

9 III. APPOINTMENTS IN MANAGEMENT POSITIONS IN THE AUDIT AND EMPLOYEES IN THE CABINET OF THE AUDITOR GENERAL Article 16 Appointment of auditors in Management audit positions 1. For the purposes of this Regulation, appointees in the audit functions are appointed by the Auditor General for performance of functions in the management of audit activities, in designated organizational units with the sub-legal act for internal organization and systematization of the positions in NAO. 2. Appointment of auditors in the audit management functions under paragraphs 1 and 2 of Article 17 of this Regulation shall be made under a special act of the Auditor General, as the highest decision-making authority within the NAO, on the basis of a proposal from the Committee under Article 18 of this Regulation. This act determines the arrangement of appointees in each defined organizational unit and audit team, depending on the organizational needs and those defined by the Annual Audit Plan under Article 20.2 of the Law, as well as the responsibilities for performing the functions foreseen by the Law and the sub-legal act for internal organization. 3. Paragraphs 1 and 2 of this Article shall also apply to the appointment of specialised auditors to the relevant quality management audit departments established by the act on internal organization of the NAO. Article 17 Duration of appointment and discharge of appointees 1. Appointees in leading audit positions in the audit department are appointed for a period of two (2) years. 2. Appointees in leading positions in the audit team are appointed for a period of one (1) year. 3. The Auditor General discharges the appointee from duty if: 3.1 Appointee does not meet the needs and requirements for which is responsible; 3.2 Appointee is appraised with unsatisfactory job performance points, in line with the Act for assessment of work results. 4. After the duration of appointment or reappointment ends, appointees are systemised in their respective positions for which they have signed the employment contract. 5. If an appointee commits an act which violates the discipline and is sanctioned by a disciplinary measure, it shall be dealt in accordance with provisions of this Regulation. Article 18 Consultative Committee on proposals for appointments in leading audit functions 9

10 1. The Consultative Committee on proposals for appointments is an ad hoc body composed of three (3) members appointed by the Auditor General. 2. The Committee shall adequately apply provisions paragraph 1 of Article 31 of this Regulation, and shall be responsible to: 2.1 Lead and ensure a credible assessment process for fulfilment of criteria by employees to qualify for appointment, based on the criteria set out in the Act on internal organization and classification of jobs; 2.2 Produce a list of qualified candidates and recommend names of candidates to be appointed to the Auditor General. 3. HRD is responsible for administrative support of the entire appointment process. Article 19 Employees in the Cabinet of the Auditor General 1. The Auditor General, with a special Act directly appoints his Cabinet staff. Appointees in this paragraph are a special category of employees who are not civil servants and their employment relationship is regulated under internal legal acts of NAO. 2. Employees of Auditor General s Cabinet shall give account for their actions only to the Auditor General and are not subject to disciplinary procedures foreseen under this Regulation. 3. Basic salary, allowances and remunerations for employees of Auditor General s Cabinet shall be determined in accordance with applicable legislation as well as internal acts of NAO. 4. Duties and responsibilities of employees of Auditor General s Cabinet are determined by an Act of the Auditor General on the occasion of their appointment. 5. Mandate of employees in Auditor General s Cabinet shall conclude with conclusion of the mandate of the Auditor General, if this employment relationship does not end earlier by the Auditor General or the appointee. IV. EMPLOYMENT CONTRACT Article 20 Employment Contract 1. An employment contract shall be entered into in writing and is signed by the Auditor General or by the one authorised by him and the employee. The contract shall include the following: 1.1. Data on NAO and title of the position for which the employment relationship is established; 1.2. Personal data on the employee; 10

11 1.3. Date of commencement of work; 1.4. Description of duties or to the contract is attached a special act for description of job duties; 1.5. Rights and duties that arise from the employment relationship; 1.6. Salary grade; 1.7. Duration of the contract; 1.8. Working hours; 2. To the employment contract of appointees under the Article 16, is added the annex of the Appointment Act for the audit leading position. 3. After signing the contract, is issued an identification card which contains employee s photograph and details of his/her identity and the work place. The card also contains this definition: Authorized by the Auditor General to perform functions foreseen under the Law no. 05/L-055 on the Auditor General and the National Audit Office of the Republic of Kosovo. The holder of this authorization can enter and stay at any reasonable time in work premises of any public institution of the Republic of Kosovo, which is subject to audit by the National Audit Office. Article 21 Duration of Employment contract 1. Employment contract may be concluded for: 1.1. An indefinite period; 1.2. A fixed period; and 1.3. Specific tasks and duties. 2. Positions defined under Article 9.2 of the Law, are positions with a fixed period and the duration of these positions is 5 years. 3. For other job positions outside the provisions of paragraph 2 of this Article, employment contracts are concluded for an indefinite period of time, unless in cases when certain tasks for a specific positions are temporary or in cases of substituting employees. Depending on these circumstances is determined the duration of the contract. 4. Employment contracts for employees of the Auditor General s Cabinet are entered into for the duration specified in paragraph 5 of Article 19, including their rights and obligations. 5. Employment contract for specific tasks and duties can be entered into for a duration of up to 120 days per year. 5.1 For these tasks is announced a public competition for a duration of five (5) days, wherein are defined basic terms, rights and obligations related to specific duties and tasks; 11

12 5.2 The Committee for implementation of the process in line with this competition, develops interviews of candidates and recommends to the Auditor General three candidates that have scored the most points, to enter a contract; 5.3 Rights and obligations are specified in the contract based on references in the competition and in accordance with the nature of work and specific duties; 5.4 Complaints are not allowed against the decision for award of contract for specific tasks and duties. V. EXERCISE OF DUTIES AND APPRAISAL OF WORK RESULTS Article 22 Commencement of Work 1. An employee shall commence work on the day defined in the employment contract. 2. If the employee does not commence work on the day defined in the employment contract, it shall be considered that the employee has not started the employment relationship, unless he/she was obstructed to commence work for reasonable causes or if NAO and employee agree otherwise. 3. Provisions of paragraph 3 are not applied related to the competition for filling out vacant positions foreseen under Article 9.2 of the Law, which in this case the competition should be re-published. Article 23 Probation period 1. Probationary period for new employees in NAO shall be determined in the employment contract. 2. Probationary period cannot last more than one (1) year. At the end of the probationary period is appraised the performance of the respective employee, and if the results are not satisfactory, lacks professional skills and other skills, then the employment relationship will end on the date of expiry of the probationary period specified in the employment contract. 3. During the probationary period, NAO can terminate the employment relationship by notifying the employee seven days prior, if considered that the employee is not able and it is not expected to complete given objectives even after the conclusion of probationary period. 4. During the probationary period, the employee can also terminate the employment relationship with prior notification of seven (7) days. 5. The probationary period is not applied for appointed employees and carrier-promoted staff. Article 24 Objectives of duties during the probationary period 12

13 1. On the day the employee commences work, he/she is given the work plan by the immediate supervisor wherein are established objectives that are to be achieved within the probationary period. 2. Based on the objectives established is carried out the performance appraisal, and potential identification of areas for improvement. 3. Areas identified for improvement obligate the employer to take measures and create conditions for employees so that they develop professionally. Article 25 Interns 1. The NAO in agreement with public institutions or after a public announcement can engage interns without remuneration or exercising other rights of employment agreement. 2. The intern work of an intern with a postgraduate or graduate degree can be in a duration of up to six (6) months. Article 26 Systematization of employees in a job position 1. An employee shall be systemised in the position for which has entered into a contract. 2. With the aim of organising NAO, and in compliance with terms defined under employment contract and internal acts, an employee may be systemised to carry out same duties in another organisational unit, or be appointed with a special in a position in line with Article In certain cases and until development of respective procedures for filling out a job vacancy, the Auditor General can assign an employee as Acting with a duration of up to six (6) months. 4. The person Acting enjoys all rights and obligations that belong to that job position. 5. With exception of paragraph 3, if a need arises for implementation of the Audit Plan in line with Article 20.2 of the Law, the Auditor General can appoint an employee as an acting for more than six months (6). Article 27 Systematisation of employees to other employees 1. An employee, with his consent can be temporarily or permanently systemised with another employer, based on an agreement achieved by two employers. 2. The employee is systemised in a position that matches his/her professional qualifications. 3. Provisions of this Article shall also apply if an employee who has an employment relationship with a public institution is systemised in NAO. 13

14 Article 28 Exercise of duties and work conditions 1. Employees exercise their duties in line with the Act on job description, conditions and responsibilities foreseen in NAO s legislation and sub-legal acts. 2. Employees during their work are obligated to apply high professional standards. 3. Employees bear legal responsibility if they fail to carry out designated duties, or if they violate other obligations. 4. The NAO shall establish organizational, technical and occupational safety conditions for all categories of employees in line with legal requirements. Article 29 Performance appraisal 1. With the exception of employees in Article 19 of this Regulation, every July will be assessed work results. For new employees, initially the assessment of results is done at the end of the probationary period. 2. Procedures for development of appraisal of work results are stipulated by a legal act, in line with acts issued by INTOSAI. 3. Appraising employees with the highest score cannot exceed the limit of ten percent (10%) of the number of employees appraised. VI. PROMOTION, PROFESSIONAL DEVELOPMENT AND THE RIGHT OF ASSOCIATION Article 30 Promotion: fundamental principles 1. NAO employees are entitled to promotion rights. Promotion means advancing from a lower position to a higher position. Promotion is based on the existence of vacancies for that level, and is done in accordance with fulfilment of criteria established under the Act on classification of job positions. 2. Promotion is done in line with Acts issued by INTOSAI and with basic principles defined as follows: 1.1 The principle of career development - which implies to a permanent process that aims supporting employees during their career building. Career development is done through use of appropriate methods for management of human resources and at the same time by providing professional development opportunities. 14

15 1.2 The principle of rewarding merit - which is a process of creating and consolidating professional personnel, which consists of employees that are promoted based on merit and stimulated based on results shown. Article 31 Criteria and procedures of promotion 1. The criteria for promotion are: 1.1 Meeting professional requirements and qualifications required for the relevant position; 1.2 Spending the minimum time in the existing position based on rules set out in this Regulation; 1.3 Not to be subject to disciplinary procedures; 1.4 Not penalised with any disciplinary measures in the last three (3) years; and 1.5 Scoring highest points under the Act on assessment of work results. 2. The procedure for promotion on duty begins when a vacancy is created, with the proposal of the supervisor of the employee, to the Auditor General. 3. In cases of promotion, in line with this Article, can adequately be implemented provisions paragraph 1 of Article 18 of this Regulation, if with the sub-legal act on work results assessment is not defined otherwise. Article 32 Minimum time in a position The minimum time for promotion from a lower position to a higher position is one (1) year. Article 33 Professional development of employees 1. Employees need to have the knowledge or have access to attainment of necessary skills as foreseen under the paragraph 39 of ISSAI 100 Fundamental Principles of Public Sector Audit issued by INTOSAI. This includes, but is not limited to the understanding and practical experience of the type of audit in which an employee engages, the knowledge about the ISSAIs, knowledge on applicable legislation, knowledge related to the activities of audit entity, as well as the ability to exercise professional judgment. 2. Taking into account the ISSAIs, employees have the right and are obligated to increase their professional skills through training and participation in special programs, provided that these are important for carrying out their duties. 3. The time of professional development is counted as part of the working hours, and during this time the employee has the same rights as did during the working hours. Article 34 Right of Association 1. Employees have the right to be members of professional associations and trade unions, as long as their actions are not in conflict with provisions of the Code of Ethics and applicable legislation. 15

16 2. Employees are guaranteed freedom to organise and conduct union activities, without interference from an organization or public body. VII. WORKING HOURS, BREAKS AND ABSENCES FROM WORK Article 29 Working hours 1. Working hours implies to a period of time, within which employees carry out designated work tasks. 2. Full time working hours shall be forty (40) hours per week and are delivered during working days. 3. Employees that are part-time enjoy all the rights and obligations that arise from the employment relationship in proportion with working hours, with exception of annual leave, which is enjoyed when full-time. 4. Employees at the request of responsible officials and with the purpose of execution of duties and certain projects, have to work temporarily outside working hours and working days, but no more than 4 hours a day and 20 hours a week, namely 40 hours a month. Article 36 Break during Working Hours 1. Employees are entitled to a daily break during working hours, for a period of sixty (60) minutes. This break is used at the time designated by the Auditor General. 2. Break time in paragraph 1 of this Article shall be considered as time spent at work. Article 37 Annual Leave 1. An employee is entitled to a paid annual leave for at least four (4) weeks during a calendar year, despite if he/she works full-time or part-time job. 2. The extension of annual leave shall be defined on the basis of work experience, whereby one day shall be added for every five (5) years of service. 3. Mothers with children up to three (3) years of age and single parents as well as persons with disabilities are entitled to additional two (2) working days off. 4. As a rule, employees use annual leave in line with Annual Leave Plan, which is approved by the Auditor General by the end of May. 5. Upon setting the schedule for use of annual leave, if there are unforeseeable circumstances that need rescheduling of annual leave, will be taken into account the justification provided by the employee. 16

17 6. Annual leave can be used in two (2) or more parts. The main part that should be used is for at least ten (10) days, while the remainder should be used no later than June 30 of the next calendar year. 7. Unused annual leave shall not be compensated in money, unless the employment relationship of an employee is about to expire. 8. Employees cannot give up the right to use annual leave. 9. Employees establishing employment relationship for the first time shall be entitled to annual leave after six (6) consecutive months of labour in proportion to the months worked. 10. Official holidays that coincide in working days shall not be counted as annual leave days according to the Law on Official Holidays in Republic of Kosovo. 11. If an employee during the use of annual leave gets sick, the sick leave shall not be counted in the annual leave. 12. HRD prepares the standard form of vacation request. The request approved by employee s supervisor is submitted to the HRD at least two (2) days before the commencement of leave. 13. Administrative acts related to employees leave are issued by the General Administrative Director. Article 38 Part of Annual Leave in Proportion with the Time Spent at Work 1. Employees are entitled to paid leave for official holidays and absences from work in cases determined by law In the first calendar year, since the establishment of employment relationship, an employee did not work for consecutive six (6) months; 1.2. During the calendar year an employee did not gain the right to use the annual leave because of the termination of employment relationship. Article 39 Paid Absence from work 1. An employee is entitled to a paid absence from work: 1.1. five (5) days in case of his/her marriage; 1.2. five (5) days in case of the death of a close member of family; 1.3. three (3) days for the birth of a child; 1.4. one (1) day when moving out of place of residence; 1.5. up to three (3) days for natural catastrophes; 1.5. one (1) day in every case of voluntary blood donation. 2. Employees absence during the working should be justified if executing state-societal duties. 17

18 Article 40 Unpaid Absence from work 1. An employee may be recognised the right to unpaid absence from work based on his/her request. 2. The timeframe of unpaid absence is decided based on causes received as reasonable. As reasonable causes for absence from work are: 2.1. Long term medical treatment; 2.2. Professional education for personal needs employees; 2.3. Construction or repair of house/apartment; 2.4. Urgent personal work; 2.5. Care for a family member that needs care, based on a medical report; 2.6. Further education, different from the qualification that the employee possesses that is in the interest of NAO and the employee; 2.7. And in other cases if the work process is not obstructed and the Auditor General agrees. 3. Unpaid absence from work can be taken up to two (2) years. 4. In the period of unpaid absence, to the employee shall cease all rights and duties from employment relationship, apart from the rights deriving from due payment of contributions by the employee. Article 41 Suspension of job position 1. At the request of employee, a workplace can be suspended in cases such as: 1.1. Temporary transfer of employee to other state bodies; 1.2. Unpaid absence from work; 1.3. Appointment in the position in line with Article 9.2 of the Law. 2. An employee, to whom employment has been suspended pursuant to paragraph 1 of this Article, has the right to return to the previous work place or to another position within the time limit of five (5) days after the expiry of the suspension period, in line with his/her professional qualification. 3. The appointed in the position in line with Article 9.2 of the Law, after the end of mandate is systemised in another position in line with professional qualifications. 4. To employees who are appointed in positions under Article 16 is suspended their previous position for the duration of mandate. VIII. SALARY AND OTHER REMUNERATIONS Article 42 Salary and other compensations 18

19 1. An employee is entitled to a salary, as stipulated in the employment contract, in line with sub-legal acts of NAO and applicable laws. 2. An employee is entitled to a compensation of salary in the following cases: 1.1. paid leave 1.2. during official holidays in which it is not worked; 1.3. during the use of annual leave; 1.4. during training and professional development sent by NAO; and 1.5. during the exercise of unpaid public functions in other State bodies. 3. The Auditor General for each category of job positions defines the basic salary by a special act. When setting the level of responsibility at work is taken into account the complexity of tasks, the level of professional training required to perform the tasks, experience, and leadership/supervisory responsibility. 4. Due to the complexity of tasks and responsibilities, employees may be assigned to specific allowances in line with budget allocations. 5. Employees are entitled to an additional work experience of 0.5% of the basic salary for each full year of work experience. 6. For every ten (10) years of uninterrupted work in NAO, the employee shall receive a jubilee payment of 50% of the average salary in the public sector in Kosovo. 7. The employee, upon retirement, has the right to a subsequent payment at three height of three (3) monthly salaries that were received in the last month. 8. In the event of the death of the employee, close members of his family for whom the employee has provided, are entitled to solidarity assistance at the height of two (2) salaries. 9. For overtime work, the employee is entitled to a percentage of the basic salary, as follows: % per hour for extended working hours; % per hour for work in national holidays; and % per hour for work in weekends. 10. Allowances for work outside the working hours, in line with paragraph 9 shall exclude each other. The compensation is done with days off and which shall be given within 60 days. Article 59 Compensation of Sick Leave 1. An employee is entitled to compensation for ordinary sick leave up to twenty (20) working days in one (1) year with one hundred percent (100%) salary compensation. 2. An employee is entitled to sick leave without payment in agreement with Article 40 of this Law. 19

20 3. An employee is entitled to compensation for sick leave as a result of documented occupational injury and related illness as a result of performing work or services for NAO at seventy percent (70%) salary compensation. 4. An employee is entitled to compensation for sick leave according to paragraph 3 of this Article after ten (10) days of absence from work and up to a maximum ninety (90) working days. 5. Payment for compensation for sick leave falls on the NAO. Article 44 Compensation of expenses for official travel abroad 1. Employees are entitled to compensation for expenses incurred during official travel (compensation of food, accommodation and travel expenses), and per diems. 2. Compensation of official travel expenses shall be done in accordance with the rules that applicable to other State bodies. Article 45 Compensation of expenses for official travel within the Country 1. Employees expenses shall be covered if they work outside the Office of NAO. 2. The amount of expenses covered under this Article shall be determined by a special act from the Auditor General. Article 46 Compensation of professional education costs 3. Employees, when in the interest of performing official duties can be sent abroad for professional education. 4. Conditions for professional education are set in accordance with the special contract between NAO or the donor and employee, based on the duration and type of education. Article 47 Compensation for Occupational Injuries The employer is obligated to provide all employees with insurance against injuries and related illnesses sustained in the course of performing work or services for the employer in compliance with this Law, and other applicable Laws. Article 48 Compensation for damage by the employee 20

21 1. If an employee, at work or elsewhere related to work, with intention or due to carelessness has caused damage to NAO, he is obligated to compensate the damage. 2. If the damage is caused by a number of employees, each one of them is responsible for the amount of damage that he/she has caused. 3. If for employees referred to in paragraph 2 of this Article cannot be determined the amount of damage that he/she has caused, it shall be considered that they all share the same amount of responsibility and compensate the damage equally. Article 49 Compensation for Damage to CAO 1. If an employee, at work or elsewhere related to work, with intention or due to carelessness has caused damage to a third person who was compensated by NAO, is obligated to compensate NAO for the amount of damages paid. 2. With the special act of NAO, can be determined conditions and manners in which an employee can be relieved from the obligation of compensating the damage or reduce it. IX. OCCUPATIONAL PROTECTION AND SAFETY Article 50 Protection of motherhood 1. An employed woman during pregnancy, a mother with a child under three (3) years of age, shall not be obliged to work longer than the full-time working hours and night shifts. 2. Single parent, with a child under the age of three (3), and/or a child with serious disability, shall not be obliged to work longer than full-time working hours and nights shifts. 3. The rights under paragraph 1 of this Article, may be used by an adopting parent, another persons looking after a child, respectively, in cases of the death of both parents of the child or if parents abandon it. Article 51 Maternity Leave 1. An employed woman is entitled to twelve (12) months of maternity leave. 2. On production of a medical certificate, the woman may commence the maternity leave up to forty-five (45) days before the expected date of birth. In the period from twenty-eights (28) days before expected childbirth, NAO with consent of pregnant woman may request her to begin the maternity leave if the employer finds that the woman is not able to perform her functions. 21

22 3. First six (6) months of maternity leave, the payment shall be done by the employer with the compensation of seventy percent (70%) of basic salary. 4. The following three (3) months, the maternity leave shall be paid by the Government of Kosovo with the compensation of fifty percent (50%) of average salary in Kosovo. 5. The employed woman shall have the right to extend her maternity leave also for other three (3) months without payment. 6. If the puerpera does not want to use the right in maternity leave from paragraph 4 and 5 of this Article, shall notify NAO at latest fifteen (15) days before the end of the leave, from paragraph 3 of this Article. 7. The father of the child may assume the rights of the mother if the mother dies or abandons the child before the end of the maternity leave. Article 52 The rights of child s father 1. The rights defined under Article 51 may be exercised by the father of the child too, in cases of the mother getting sick, abandoning of the child by the mother and/or death of the mother. 2. The father of the child has the right to: 2.1. three (3) days paid leave at the birth or upon adoption of the child; 2.2. two (2) weeks unpaid leave after the birth or upon adoption of the child, at any time before the child reaches the age of three (3). The employee must inform the employer of his intention to take leave at least ten (10) days in advance. 3. Protection, the rights under paragraph 1 of Article 51, respectively may be used by the adopter of the child, the one looking after the child, respectively in cases of the death of both parents or if parents abandon the child. Article 53 Maternity Leave in the case of the Death of the Infant 1. If an employed woman gives birth to a dead infant or if the child dies before the expiry of maternity leave, she is entitled to maternity leave after doctor s recommendation, until the recovery from birth and the psychical condition caused with the loss of the infant for no less than forty-five (45) days, during which period she shall be entitled to all entitlements under the maternity leave. 2. An employed woman according to paragraph 1 of this Article may request the employer to return to work before the expiry of the maternity leave. Article 54 Absence from Work due to Special Care for the Child 1. A child that necessarily requires special care due to poor health conditions, a child with permanent disabilities in the context of provisions of health insurance, respectively, shall 22

23 enable one of the parents to work part-time, after the expiry of maternity leave, until the child becomes two (2) years old. 2. Protection and the rights under paragraph 1 of this Article may be exercised by the caretaker of the child in the case of the death of both parents or if one of the parents abandon the child. 3. The form and procedure of exercising the rights from paragraph 1 and 2 of this Article, shall be conducted according to provisions of the Law on Financial Care for Families and Children with Disabilities. Article 55 Absence from Work due to Insecurity and Health Protection 1. With the decision of authorized state body or authorized by NAO, due to insecurity and protection of health in labour, an employee is entitled to justified absence from work. 2. During the temporary absence from work, due to insecurity, the employee is entitled to the right of compensation of salary, which would have been realised if he/she would have worked for a maximum period of forty-five (45) days within a calendar year. Article 56 Prohibition on Termination of Contract During pregnancy, maternity leave and absence from work due to special care for the child, NAO shall not terminate the contract with the employee. Article 54 Notice on Temporary Incompetency for Labour 1. In case of illness or other temporary incapacity to work, an employee is obliged to inform the employer immediately and at the latest within the same day that the absence occurs. 2. In case of serious illness or injury, preventing the employee from informing the employer according to paragraph 1 of this Article the employee shall make efforts to inform the employer as soon as possible. 3. If the employee cannot show that he/she has made reasonable efforts to inform the employer of his/her absence without undue delay, the employer may invoke that a breach of contract has occurred. 4. If the notified absence from work last longer than three (3) days, the employer is entitled to request the employee to provide a medical certificate justifying the absence of work. 5. HRD keeps accurate records on all absences from work. Article 5 The rights of employed women to breastfeed 23

24 1. Every employed breastfeeding woman, if not utilizing the maternity leave after the sixth (6) month of the leave and according to relevant legal provisions into force, from the sixth (6) month up to one (1) year, has the right of using two (2) hours of paid break daily during the working hours, additional to the regular break, for breastfeeding. 2. Every employed breastfeeding woman after the first year up to two (2) years shall have the right of using one (1) hour of paid break daily during the working hours for breastfeeding, in addition to the regular daily break. 3. Every employed breastfeeding woman shall use a one (1) or two (2) hours paid break daily during the working hours at the beginning, in the middle or at the end of the working hours, in agreement with the employer and regarding this she shall notify in writing the employer along with the certificate issued by the doctor which certifies that the employed woman is breastfeeding. X. TERMINATION OF EMPLOYMENT RELATIONSHIP Article 59 Termination of Employment Relationship 1. The Employment Relationship is terminated in one of the following ways: 1.1. In line with legal basis; 1.2. In an agreement between NAO and the employee; and 1.3. In a unilateral termination by NAO or the employee. Article 60 Termination of Employment Contract on Legal Basis 2. Employment Relationship on Legal Basis may be terminated with: 1.1. with the death of the employee; 1.2. with the expiry of duration of contract; 1.3. when an employee reaches the pension age, 1.4. on the day of the submission of plenipotentiary proof of the loss of labour competencies; 1.5. if an employee shall serve a sentence which will last longer than six (6) months; 1.6. with the decision of the competent court, which leads to the termination of employment relationship; 1.7. other cases specified by applicable laws. Article 61 Termination of Employment Contract with the Agreement An employment contract may be terminated with the agreement of the NAO and the employee in written form. Article 62 Unilateral Termination of the Contract by the Employee 24