6.3 Termination of Contracts of Employment Contracts of employment may be terminated by the ITER Organization or by the staff member: (a) by the ITER Organization: (i) with six months' notice: • as a result of the suppression of the budgeted post occupied by the staff member; • through a change in the nature or functions pertaining to the post, or • through medical unfitness for the position, certified by an occupational health doctor approved by the Director-General for this purpose, or • in application of Annex VI, Section 1, (d) and (e) of these Regulations; • as a result of the staff member no longer being a national of an ITER Member or, in case of Euratom, one of its Member States. (ii) with three months’ notice in case of professional inadequacy of the staff member, taking into consideration the annual performance reports according to Article 20 of these Regulations. (iii) with a maximum of one month's notice, following the imposition of disciplinary measures resulting in dismissal, according to Article 23.3 (a) of these Regulations. (iv) with a maximum of one month’s notice in case of abandonment of post, such abandonment being defined as an unjustified continuous absence from duty for more than 15 working days. (b) by the staff member, with three months’ notice for any personal reasons. 6.4. Compensation for Loss of Jobs (a) In the cases foreseen in Annex I, the staff member shall be entitled to an indemnity for loss of job, the amount of which is set out in the said Annex. (b) For staff members whose contracts have been terminated for reasons of medical unfitness eligibility to invalidity benefits shall be determined under the conditions stated in the insurance scheme contract. 6.5 Reduced Notice of Termination If the interests of the ITER Organization so require, the period of notice stipulated in Article 6.3(a) above may be reduced; in that case the staff member concerned shall be entitled to the payment of an additional sum representing the salary and allowances that they would have received if the actual date of expiry of their contract had coincided with the end of a six-month period of notice. This provision shall not apply in the case of termination for disciplinary reasons. Article 7 General Provisions 7.1 The remuneration paid to members of the staff of the ITER Organization shall include basic salary, and family and social allowances. Contributions and deductions shall be made from these emoluments in respect of internal tax, the pension scheme and social insurance. 7.2 Staff members’ current accounts shall be paid monthly and shall be credited with the amount due during the last working week of the month. 7.3 Changes in staff members’ personal circumstances that may have financial consequences shall be taken into account for the remuneration from the date on which the staff member concerned became entitled, or ceased to be entitled, to the payment concerned. Staff members are required to inform the ITER Organization in writing, and normally within 45 calendar days, of any change in their personal circumstances which may have financial consequences. 7.4 All overpayments shall be reimbursed by the staff member to the ITER Organization. 7.5 For the places of employment outside the headquarters, the remuneration of staff shall, after the compulsory deductions set out in these Staff Regulations, be weighted at a rate depending on living conditions in the various places of employment. The weighting shall be adopted by the Council and shall reflect the purchasing power in the various places of employment. 7.6 The Council shall each year adjust the remunerations of the staff based on an assessment of the change in the cost of living. This assessment shall be based on statistical data prepared by relevant statistical offices. 7.7 Retroactivity of Payments Without prejudice to the provisions of Article 26, a staff member who has not received a payment shall not receive it retroactively unless they have claimed it in writing within one year of the date on which they would have been entitled to it. In situations to be determined by the Director-General, this period may be extended by to up to three years. Article 8 Basic Salary Basic salaries (gross basic and their net basic equivalent after application of Internal Tax as defined in Annex VIII of these Regulations) are determined for each grade and step as provided for in the ITER Basic Salary Table adopted by the Council. Annex I 1. Circumstances in which the Indemnity is Awarded An indemnity for loss of job is awarded to a directly-employed staff member whose contract is terminated before its normal end date for one of the following reasons: (a) suppression of the budgeted post before the end of their contract; (b) a change in the nature or functions pertaining to the post occupied by the staff member such that they no longer possess the required qualifications; (c) the staff member no longer being a national of an ITER Member or, in case of Euratom, one of its Member States. 2. The indemnity shall not be due if: (a) the staff member has been offered another post at the same grade at the ITER Organization; (b) the staff member has obtained a new appointment in another international organization within six months of notification of the termination of their contract by the ITER Organization; (c) the staff member has been offered remunerated re-integration in their national administration or equivalent within six months of notification of the termination of their contract by the ITER Organization. 3. Payment of the Indemnity to Staff Members having served up to 5 Years at the ITER Organization Provided that their current contract has not come to an end, staff members shall be entitled to an indemnity amounting to 5 months of their last monthly emoluments, comprising the net basic salary, as provided for in the ITER Basic Salary Table, and their family and social allowances. 4. Payment of the Indemnity to Staff Members having served more than 5 Years at the ITER Organization Provided that their current contract has not come to an end, staff members shall be entitled to an indemnity equal to 100 % of their last monthly emoluments per full year of service at the ITER Organization, up to a maximum of 12 months. Monthly emoluments are defined in paragraph 3. 5. Payment The indemnity for loss of job shall be paid at the expiry of the applicable waiting period provided for in this Annex upon the former staff member providing evidence deemed necessary by the ITER Organization. Annex VI Sick Leave 1. Absence for Health Reasons and Sick Leave (a) Staff members absent owing to sickness or accident for more than three consecutive days shall be required to produce a medical certificate within three days of ceasing work. (b) Absences occasioned by sickness or accident that last no more than three days and for which no medical certificate is provided may, if they exceed nine working days in any one calendar year, entail a corresponding reduction in the annual leave due to the staff member concerned or a corresponding reduction in their emoluments if they have already taken their annual leave in full. (c) Staff members absent owing to sickness or accident shall be entitled, on production of a medical certificate, to sick leave with full pay and allowances for a maximum period of 26 consecutive weeks. (d) Continuous absence due to sickness or accident exceeding 26 consecutive weeks may be regarded by the Director-General as grounds for termination of contract. For the purpose of this provision, a return to work prior to the end of the 26-week period for no more than two weeks followed by a new period of absence due to sickness or accident, shall not be regarded as having interrupted the continuity of the period of absence. (e) Frequent recurrence of short periods of illness may be regarded by the Director-General as grounds for termination of contract. (f) The Director-General may at any time require the staff member concerned to undergo a medical examination. 2. Vaccination and Accidents (a) Staff members shall submit to any preventive vaccinations or inoculations that may be required. (b) All occupational accidents to staff members shall be reported to Health and Safety under the conditions established by the ITER Organization. 6.3 雇佣合同的终止 雇佣合同可以由ITER组织或员工解除: (a) 由ITER组织解除: (i) 提前六个月通知: • 由于取消员工所在的预算职位而产生的; • 通过改变职位的性质或职能,或 • 通过职业健康医生证明员工不适合此职位,该医生由总干事特别批准,或 • 根据这些规定的附录VI,第1节,(d)和(e)条款的应用; • 由于员工不再是ITER成员国的国民,或者在Euratom的情况下,不再是其成员国的公民。 (ii) 若员工专业不适任,根据这些规定的第20条考虑年度绩效报告,提前三个月通知。 (iii) 根据这些规定的第23.3 (a)条,执行纪律处分导致解雇后,最多提前一个月通知。 (iv) 若员工擅离职守,最多提前一个月通知,擅离职守被定义为无故连续缺勤超过15个工作日。 (b) 由员工,因任何个人原因提前三个月通知。 6.4. 失业补偿 (a) 在附件一预见的情况下,工作人员应有权获得失业赔偿,其数额载于该附件。 (b) 对于因身体不适而终止合同的工作人员,应根据保险计划合同规定的条件确定领取伤残津贴的资格。 6.5 减少终止通知 如果ITER组织的利益有此需要,上述第6.3(a)条规定的通知期限可以缩短; 在这种情况下,有关工作人员应有权获得一笔额外款项,相当于如果其合同的实际到期日期恰逢六个月通知期结束时他们本应收到的工资和津贴。 本规定不适用于因纪律原因而终止的情况。 第七条 一般规定 7.1 国际热核聚变实验堆(ITER)组织支付给员工的薪酬应包括基本工资,以及家庭和社会津贴。这些 emoluments 应从内部税,养老金计划和社会保险中进行贡献和扣除。 7.2 员工的当前帐户应每月支付,并应在每月最后一个工作周内记入应付款项。 7.3 员工个人情况的变化可能会对薪酬产生财务影响,应从员工有权或停止有权接受相关付款的日期开始计算。员工应以书面形式,并通常在45天内通知 ITER 组织他们个人情况的任何变化,这可能会产生财务后果。 7.4 所有超额付款都应由员工返还给 ITER 组织。 7.5 对于总部以外的就业地点,员工的薪酬应在这些员工规定中规定的强制扣除后,根据各就业地点的生活条件进行加权。该加权应由理事会采纳,并反映了各就业地点的购买力。 7.6 理事会应每年根据生活成本变化的评估调整员工的薪酬。该评估应基于相关统计办公室准备的统计数据。 7.7 追溯付款 在不损害第26条规定的情况下,未收到付款的员工除非在他们应有权收到该付款的日期起的一年内书面索赔,否则不应追溯收到该付款。在总干事确定的情况下,这个期限可以延长三年。 第八条 基本工资 基本工资(按照这些规定的附件VIII定义的内部税后的毛基本工资及其净基本等值)由理事会采纳的 ITER基本工资表为每个等级和步骤确定。 附录 I 失业赔偿 1. 给予赔偿的情况 因下列原因之一而在正常结束日期之前终止合同的直接雇用工作人员可获得失业赔偿: (a) 在合同结束前取消预算员额; (b) 工作人员所担任职务的性质或职能发生变化,使其不再具备所需的资格; (c) 该工作人员不再是 ITER 成员的国民,或者对于欧洲原子能共同体,不再是其成员国之一的国民。 2. 如果出现以下情况,则不应支付赔偿: (a) 该工作人员已获得 ITER 组织的另一个同级别职位; (b) 该工作人员在 ITER 组织通知终止其合同后六个月内获得另一国际组织的新任命; (c) 在国际热核聚变实验堆组织通知终止其合同后六个月内,该工作人员已获得带薪重新融入其国家行政部门或同等职位的机会。 3. 向在ITER组织服务五年的员工支付赔偿金 只要他们当前的合同尚未结束,员工应有资格获得等于他们最后一个月薪酬的5个月的赔偿金,包括根据ITER基本薪资表提供的净基本薪资,及其家庭和社会津贴。 4. 向在ITER组织服务超过5年的员工支付赔偿金 只要他们当前的合同尚未结束,员工将有权获得等于他们在ITER组织服务满一年的最后一个月薪酬的100%的赔偿金,最高不超过12个月的赔偿。月薪酬在第3段中有定义。 5. 支付 失业赔偿金应在此附录规定的适用等待期满后,前员工提供ITER组织认为必要的证据后支付。 附录VI 病假 1. 健康原因缺勤和病假 (a) 员工因病或事故连续缺勤超过三天的,应在停止工作后的三天内提供医疗证明。 (b) 由病或事故引起的缺勤,如果不超过三天且没有提供医疗证明,如果在任何一个日历年度内超过九个工作日,可能会相应地减少应给予该员工的年假,或者如果员工已经全额享用了年假,则相应减少他们的报酬。 (c) 因病或事故缺勤的员工,凭医疗证明,有权享受全额工资和津贴的病假,最长期限为连续26周。 (d) 由于病症或事故导致的连续缺勤超过26周,可能被总干事视为解除合同的理由。为此规定,26周期限内返回工作不超过两周,然后因病或事故再次缺勤,不应被视为打断了缺勤期的连续性。 (e) 短期疾病频繁复发可能被总干事视为解除合同的理由。 (f) 总干事可能随时要求相关员工接受医疗检查。 2. 接种和事故 (a) 员工应接受可能需要的任何预防疫苗或接种。 (b) 所有员工的职业事故应按照ITER组织设定的条件向健康和安全部门报告。