Australian Embassy and Mission to the European Communities
Belgium-Luxembourg
Embassy address: Rue Guimardstraat 6-8, 1040 Brussels - Telephone: +32 (0) 2 286 0500 - Fax: +32 (0) 2 231 07 88

Australian Embassy Brussels - Locally Engaged Staff, Conditions of Services

10 October 2002 (amended)

Introduction

Information contained in the following pages is intended for locally engaged employees ("Locally Engaged Staff" or "employee") of the Australian Embassy, Brussels ("Embassy" or "Post"), as a guide both to their entitlements as employees and to their obligations.
This document is applicable to all Locally Engaged Staff members, who entered the service of the Embassy prior to 1 January 2002 and concluded a new employment contract with the Embassy after 1 January 2002 except for those employees in positions of trust for whom Overtime provisions do not apply.

1. Salary
For White Collar workers salaries are paid monthly, the day of payment being the last working day of the month. For Blue Collar workers salaries are paid fortnightly.
Salaries will be negotiated at a fixed price set in the employment contract.
All calculations regarding any type of remuneration are based on the full salary as approved by the HOM.

2. Long Service Leave
Long Service Leave provisions under the Long Service Leave (Commonwealth Employees) Act 1976, will continue to apply to those employees who were employed at the Embassy prior to 20 December 1976. A person employed on or after 20 December 1976 cannot apply for Long Service Leave.

3. Attendance
The supervisor and, in his/her absence the Senior Administrative Officer, should be notified before 10 am of the day an employee will not be present for whatever reason.
An employee found to be falsifying attendance records may be dismissed without notice for serious cause.

4. Office hours
• General
Normal office hours are 08:30 to 12:51 and 14:00 to 17:00 hrs - Monday to Friday. Other hours may apply to part- time employees and are arranged at the time of employment.

Flextime schemes (FLEX) allow employee to start and finish work at times of their own choosing within set periods at either end of a working day bounded by a bandwidth extending over 10:30 hours. This is subject to the requirements of the position and the approval (which may be general or specific) of the employee's supervisor. The standard bandwidth time period is between 8:00 hrs and 18:30 hrs.

Staff must be present during certain mandatory hours known as core time. The standard core time periods are between 09:30 and 12:00 and 14:30 and 16:00 Hrs. Time off during core time may be granted only for the equivalent a (one) day's core time in any fortnight.

• FLEX (Time off in Lieu)
FLEX credits are accumulated for time in excess of 38:00 hrs or deducted for time less 36:45 hrs. This is calculated on a daily basis for full time employees. For full time employees the credit limit on accumulated FLEX is 25 hours; the debit limit is 10 hours per pay period. (Pro-rata for part time employees).

• Management responsibilities
Managers are responsible for ensuring that operating efficiency is maintained when employees work flextime. Where it is necessary to do so because of operational requirements, management may temporarily revert employees to standard hours.

Employees' starting and ceasing times (including meal breaks) are subject to agreement between the supervisor and the employee. A supervisor also has the power to determine employee attendance outside the hours of a standard day, subject to reasonable notice

5. Overtime
Employees may be required to work overtime during the week or to attend duty on a weekend or public holiday. Approval to work overtime outside the standard bandwidth time period must be given in advance by the supervisor, except in a case of emergency, when written approval must be sought the following working day. Overtime is payable for duty in excess of 38 hours per week for all employees; it is payable at the rate of 150% for overtime on weekdays and Saturdays and at rate of 200% for overtime on Sundays or public holidays.
Overtime cannot be paid for the time covered by the meal allowance.
Rest (recuperation) period entitlement after overtime duty shall be taken in accordance with Belgian law.

6. Meal Allowance
An employee who is not able to return home for meals for periods extending over two normal meal periods, and who is on duty not involving payment of Travel Allowance, may be paid an allowance for each of the subsequent meals.
Meal allowance for LES at the Post is the same as the A-Based rate.

7. Travel Allowance
Locally engaged staff receive the same rate of travelling allowance as A-based employees.
LES undertaking official travel for training or seminars etc., are entitled to be paid equipment allowance and additional equipment allowance at rates applicable to A-based employees in similar circumstances.

Employees who use their private motor vehicles on official business with Post permission are entitled to be paid an allowance towards the reasonable costs which they incur for operating their motor vehicles. The rate at which vehicle allowance is paid is the rate that would be applicable for an A-based employee.

8. Recreation Leave
Statutory leave is granted in accordance with Belgian law. In addition, extrastatutory leave will be credited at the following rates:
Completed years of service as at 1 January Working days per annum
Up to 10 years 0
11 to 15 years 1
16 to 20 years 2
Over 20 years 3

The total recreation leave will therefore be credited at the following rates:
Completed years of service as at 1 January Working days per annum
Up to 10 years 20
11 to 15 years 21
16 to 20 years 22
Over 20 years 23

Recreation Leave Conditions:
As per local law, leave is to be credited to an employee on 1 January of each year irrespective of the date of commencement of duty.
The right to holiday depends on the time worked in the calendar year preceding the year in which the holiday is to be taken. Salary is to be reduced by the amount of any payments received for leave accrued during previous employment.
Recreation leave is subject to a maximum accumulation of 2 years leave credits. Where employees resign or their services are terminated for any cause except misconduct and they have qualified for, but not taken, recreation leave, then they will be paid an amount equivalent to their normal salary for the period of recreation leave which has accrued. If, during an incomplete year of service, an employee resigns or their services are terminated for any cause other than misconduct, they are to be paid an amount equivalent to their normal salary for a period equal to one twelfth (1/12th) of the annual period of recreation leave for each completed month of continuous service.

LES may anticipate up to five days’ recreation leave each year from the following year’s credits.

It is general practice to program employees' recreation leave to avoid conflict and overlap of leave requirements. In this respect, employees should consult with colleagues before submitting a leave form. Leave cannot always be granted at short notice and it should never be assumed that applications for leave have been approved until the signed form is received. Employees are, however, entitled to a reply within seven days of submitting the form.

9. Recall to Duty
Where a supervisor decides that it is essential to cancel leave or to recall staff from leave, the respective department will reimburse reasonable non-refundable costs.

Where leave has not been formally approved, i.e. where only oral approval or a supervisor's recommendation has been given, there is no provision for reimbursement. Staff should exercise appropriate caution in entering into substantial or costly arrangements before leave has been approved. If staff intend to make such arrangements in advance, they should obtain some form of insurance from the booking agency against loss of deposits etc., in the event that the leave is not approved.

10. Leave for Jury Service
Employees are entitled to apply for leave for Jury Service. Such leave of absence will be with full pay less any amount received by the employee by way of remuneration or compensation for his/her attendance as a juror.

11. Sick Leave
The sick leave provision follows local labour law arrangements i.e. first 30 days employer's responsibility and thereafter RIZIV/INAMI plus the employer's coverage to provide the following:
(a) Sick Leave – Period of absence due to illness
First 30 days From 31st day to the end of the 3rd month From 4th month to the end of 6th month
Staff with less than 10 years service Full pay RIZIV/INAMI benefit plus supplement to bring to 60% of salary RIZIV/INAMI benefit plus supplement to bring to 60% of salary
Staff with 10 years or more Full pay RIZIV/INAMI benefit plus supplement to bring to 100% of salary RIZIV/INAMI benefit plus supplement to bring to 60% of salary

(b) If sick leave is taken during an employee's probationary period, the employee is entitled to 7 days sick leave on full pay.

(c) If an employee returns to work after an illness then recommences sick leave within an interval of 14 days, sick leave benefits will recommence as if the employee had not returned to work. This applies unless the employee provides a medical certificate to prove the incapacity is due to a new illness or accident, in which case sick leave benefits may recommence afresh.

(d) Belgian Law states that no sick leave can be granted for sickness that commenced during a recreation leave period. From the employer's point of view the sick leave starts on the first day after the approved recreation leave.

(e) employees should provide a medical certificate stating that the illness of the person is justified if
- the absence exceeds three consecutive days
- the employee has taken five days without such documentation in a calendar year.
(f) The Embassy will contribute to an annual eye-test for its employees. The amount reimbursed will be equal to the cost of the medical visit minus the RlZIV/INAMI contribution.
The Embassy will reimburse reasonable costs associated with a screening examination and a contribution towards single vision spectacles.

12. Maternity/ Paternity Leave
Relevant provisions of local labour law will apply.
No qualifying period of service is necessary for granting maternity leave.
The employee may take up to six weeks maternity leave before the expected date of delivery, and up to 14 weeks maternity leave. The maximum period of maternity leave is, in principle, 15 weeks.
In the event of electing to take six weeks leave before the anticipated birth of the child, the date being verified by a medical statement, and of the birth occurring after the expiration of that date, additional maternity leave may be granted for that excess period.
Liability for payment of salary for maternity leave is, in accordance with Belgian Law, covered by RIZIV/INAMI.

13. Special Leave
The following has been modified in accordance with the provisions of the Collective Labour Agreements confirmed by Royal Decree of 28 August 1963 and 3 December 1974.

• Short leave for family events
Paid leave is granted to employees for absences due to family events, civil missions or for the accomplishment civil obligations:
* three days for the worker's wedding, to be chosen by him/her during the week in which the event takes place or the following week
* three days for the birth of a legitimate or recognised child of the worker concerned, to be chosen within 12 calendar days from the day of birth
* three days to be chosen by the worker during the period beginning the day before the death and ending on the day after the funeral, for the death of :
• the worker's spouse
• the worker's parents (father, mother, second spouse of mother or father)
• the worker's child or child's spouse
• the father or mother of the worker's spouse
* two days' leave, to be chosen by the employee, during the period beginning day of the funeral, for the death of the following relations living in the employee’s home:
• the worker's brother or sister
• the worker's daughter- or son-in-law
• the worker's, or his/her spouse's, brother- or sister-in-law
• the worker's, or his/her spouse's, grandfather or grandmother
• the worker's grandchild
* one day's leave, the day of the funeral, for the death of the following relations, not living in the worker’s home:
• the worker's brother or sister
• the worker's son- or daughter-in-law
• the worker's, or his/her spouse's, brother- or sister-in-law
• the worker's, or his/her spouse's, grandfather or grandmother
• the worker's grandchild

* one day’s leave, that of the funeral, for the death of any other relation living in the worker’s home
* one day's leave, that of the funeral, for the death of the guardian of a worker under the age of majority or of a worker under the age of majority of whom the worker concerned is the guardian.
* one day's leave, that of the ceremony, for the ordination or entry into religious orders of a worker's, or his/he spouse's, child, grandchild, brother, sister, brother- or sister-in-law, or any other relation living in the worker's home
* one day's leave for the communion of a worker's or his spouse's child. When this is a Sunday, a public holiday a day not usually worked, this day of absence will be the nearest working day before or after the ceremony
* one day's leave, that of the celebration, for the participation by a child of the worker concerned or of his/her spouse in the Fête de la jeunesse laique -Feest van de vrijzinnige jeugd where it is held. If this day coincides with Sunday, a public holiday or a day not usually worked, this day's absence will be the nearest working day before or after the ceremony
* the time necessary, up to maximum one day, for a worker to attend in person an officially-convened family council
* the time necessary , up to a maximum of three days, for a worker called for military service to stay in a recruitment and selection centre or in a military hospital after spending time in such a centre
* the time necessary, up to a maximum of five days:
• when summoned as a witness before the Courts
• for a personal appearance ordered by the Employment Courts
• to participate as an assessor at a principal ballot-counting station for legislative, provincial, communal or European Parliament elections
• to act as an assessor in a principal or unique polling bureau for legislative, provincial and communal elections.
* the time necessary to accomplish the administrative and legal formalities for the adoption of a child.
• Leave for impelling reasons
Belgian law provides for the possibility of 10 working days' absence without pay per year for impelling reasons.
In this context, impelling reasons signifies every unforeseeable event, independent of work which requires the worker's urgent and indispensable intervention, provided the execution of the employment contract renders this intervention impossible e.g. hospitalisation of a member of the family.
Impelling reasons are for example: sickness, accident or hospital care of next of kin; severe damage to possessions of the worker such as a house on fire or damaged by natural catastrophes; accomplishment of civic duties or of civil, missions and in case of appearance before the court.

14. Leave for Defence Training or Military Service
The contract is to be suspended for the time of the training, and cannot be terminated by the employer. The employee is not entitled to any salary during the period of training.

15. Public Holidays
Employees are entitled to observe up to 13 public holidays normally observed by the Embassy each calendar year. These are notified by Office Circular.
Employers in Belgium may not employ their personnel on 10 official public holidays, i.e.
• 1 January - New Year's Day
• Easter Monday
• 1 May -Labour Day
• Ascension Day
• Whit Monday
• 21 July - Belgian National Holiday
• 15 August -Assumption Day
• 1 November -All Saints Day
• 11 November- Armistice
• 25 December -Christmas Day

When a public holiday falls on a Sunday or a day that is not normally a working day, it is replaced by a day normally worked.

16. Leave not provided for elsewhere
Provisions under local law apply. (E.g. with regard to career's leave, reduced working hours, career breaks, etc - non-exhaustive list)
An employee may be granted leave without pay having regard to the purpose for which leave is being sought, the length of service of the employee and the period for which leave is being sought. Leave granted under this heading does not count as service for any purpose.

17. Compensation
The Embassy subscribes to a Workers Compensation Insurance Scheme underwritten by Winterthur. The insurance covers industrial accidents and occupational diseases.

18. Fares Assistance
The Embassy will contribute towards the cost of the worker's travel to work in accordance with local labour law.
In cases where the employee travels by public transport and the cost of travel is linked to distance, the employee is entitled to be reimbursed 60% of the cost of a "social season ticket". In cases where the cost of travel is not linked to distance, the employee is entitled to be reimbursed 56% of the cost of a "social season ticket". The cost of daily tickets cannot be used for reimbursement purposes.
For employees using private transport, the amount to be paid will be equal to that provided for public transport on the basis of distance travelled.
This benefit applies to all employees, notwithstanding the amount of their remuneration.

19. Confidentiality
Any employee shall immediately upon appointment, subscribe to the normal undertaking to observe strict secrecy regarding all matters connected with his or her employment as may be prescribed by the employing, department. Such undertaking will be given by employees on the understanding that a breach thereof will make them liable to dismissal without notice or a payment in lieu thereof.

20. Code of Conduct / Discipline
Employees shall be answerable to the Ambassador and the respective supervisor.
Locally engaged staff shall comply with all relevant provisions of the LES Code of Conduct
The form of disciplinary action normally followed is:
• counselling
• written warnings
• transfer or re-allocation of duties
• dismissal
All employees are required to read the Code of Conduct annually.

21. Gifts
An employee shall not directly or indirectly solicit or accept gifts or money from any person or organisation concerned, or seeking to be concerned, directly or indirectly, with any matter connected with the official business of the Embassy.
In the event that refusal of a gift is ignored, or is likely to cause offence (eg, in terms of the local culture) in a way that could adversely affect Australia's interests, or for other reasons the gift cannot reasonably be returned, the gift is to be regarded as the property of the Commonwealth until disposal is determined by the Ambassador or the Ambassador's nominee. All gifts that have been retained, except for those of little or no commercial value must be reported in writing to the delegate within 30 days of receipt.

Registers are maintained by the Post for gifts received overseas.

Items of little or no commercial value may be retained without the approval of the delegate. It is the delegate's responsibility to determine which gifts fall within the category of little or no commercial value. However, it would generally be interpreted to include promotional items such as plaques, flags, calendars or disposable pens and representational items such as chocolates or flowers. Items such as theatre tickets, alcohol or bottled perfume cannot be regarded as having little or no commercial value. The examples provided are not intended to be exhaustive. The delegate's decisions on classifying gifts must be recorded for accountability and audit purposes.

22. Outside Employment
An employee shall not be the holder of any office, or engaged in any employment other than the employment in the Embassy. without the express permission of the Ambassador or delegate, which may not be anticipated. An employee will not be permitted to be the holder of any office or to engage in any employment which is incompatible with the performance of his/her duties in the Embassy.

23. Telephone Calls
Employees must keep private calls to an absolute minimum. The Embassy reserves the option to recover the cost of all private national and international calls.

24. Personnel Records
Local Law requires every staff member to advise in writing of any change of marital status or address. Written advice should be sent to the Office Manager. Next of kin records will be kept in your personal file.
Under the local Privacy Act employees have right to access to the data kept in their respective Personnel File.

25. Retirement Benefits
• State Pension
The Embassy will contribute to the Belgian social security system in accordance with the applicable legislation.
• Pre-pension provisions
The Embassy does not have an agreement with its employees regarding pre-pension/ early retirement schemes. Should an employee wish to take an early retirement, a case should be submitted and will be examined on an individual basis by the management.
• Supplementary Retirement Benefits Scheme (SRB)
The Embassy used to have an SRB scheme. Effective 1 May 2002, this scheme was terminated for the future and replaced by a 3.5% salary raise. For the period prior to 1 May 2002, the SRB benefits are covered by a Generali insurance contract.

26. Termination of Employment
The provisions of Belgian law in this matter will be observed.
An employee's seniority, where applicable, will be taken into account for the purposes of termination payments.

27. Use of National Languages in Belgium
The administrative language used in the Embassy is English.
The use of languages in employment relations is according to local law (the three official languages are Dutch, French German). For official documents relating to administrative matters in Belgium, Belgian Law is applicable. This means that the language of the worker is the one to be used.
As the Embassy is based in Brussels, which has two official languages, Dutch & French, the employee should make his choice of either language known at the beginning of his/her employment.

28. Performance Management
All employees will be included in the Embassy's annual performance management system.

29. Matters not covered above
Where there is no provision or insufficient provision in Belgian Law, Management, in consultation with LES, will establish procedures that would be considered good employer practice in Belgium.

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