Limited duration employment contract - PDF

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					                                        DRAFT
                      FIXED-TERM DURATION EMPLOYMENT CONTRACT

In reference to Article 15.1.a) of the “Real Decreto Legislativo” (Royal Legislative Decree) 1/1995 of
the 24th of March approving the revised “Texto Refundido del Estatuto de los Trabajadores” (Text of
the Workers’ Statute) (Official Spanish Bulletin B.O.E. 29-03-1995)

         The European Community (hereinafter referred to as the “Community”) represented by the
Commission of the European Community (hereinafter referred to as the “Commission”), itself represented
in view of the signature of this contract by Mr./Ms. xxxxx with I.D. n° xxxx in his/her capacity as: xxxxx
of the JRC - INSTITUTE FOR PROSPECTIVE TECHNOLOGICAL STUDIES with Social Security code
number 41/102637631, established in CALLE INCA GARCILASO S/N – EDIFICIO EXPO in SEVILLE,
engaged in the activity of Research,

                                                                                        on the one part, and

the employee (referred to as “the contractor” in the attached Annexes of this contract), Mr/Ms xxxxxx with
xxxxxxxxx nationality with xxxxxx as identification document with number xxxxxx and Social Insurance
number xxxxxx and with address xxxxxxx in xxxxxxx

                                                                                           on the other part,

DECLARE hereby that they fulfil the necessary pre-requisites for this contract and therefore agree to
formalize this fixed-term duration EMPLOYMENT CONTRACT for work or determined services which
will be governed by the existing general regulations with regard to labour issues, and by the characteristics
specified in the clauses and annexes attached to the present contract, with the purpose to allow the
contractor to acquire further knowledge and greater skill in (his)(her) scientific field, while helping to
enhance and increase the scientific potential of the Community, working on a project called "XXX(name of
project)" to be carried out in the framework of "XXXXX(the specific programme)” and financed under the
Seventh Research Framework Programme (FP7), approved for the period 2007-2013:

                                              ARTICLES

First.- The employee shall offer his/her services as a researcher, classified as belonging to the group of
RESEARCHER OF CATEGORY {20} / {30} / {40} : {DOCTORAL RESEARCHER} / {POST-
DOCTORAL RESEARCHER} / {SENIOR SCIENTIST} , in accordance with the present classification
system in the Commission.

Second.- The working week will be of thirty seven and a half hours, from Monday to Sunday with the
equivalent time off established by the law.
The annual holidays will be the ones established for the Institute in Seville by the Commission.

Third.- The duration of this contract shall be XX MONTHS and will enter into force the day both parties
have signed Annex III A attached to this contract. The signature of Annex III A shall be made within
THREE months starting from the signature of this contract.

There shall be a 6-months trial period.

Fourth.- The employee will receive a fixed annual salary of {32.279} / {49.660} / {85.950} € This gross
annual salary is made up of the following concepts: basic salary, pro rata amount of bonus, personal
supplementary payments where appropriate, and indemnity for termination of the contract foreseen in letter
c section 1 of Article 49 of the Royal Legislative Decree 1/1995 of 24th of March. Furthermore a Mobility
Allowance and a Travel Allowance shall be paid, where appropriate and as defined in article 14 of Annex II
of this contract.

Fifth.-   Annual holidays shall consist of 24 working days.
Sixth.- This fixed-term duration contract is a contract for work or determined services consisting in
carrying out research work while realizing a project called “XXXXXXX” in the framework of the
“XXXXXXX” (specific program). This project shall have substance and autonomy within the activities of
the Institute, with the purpose to allow the employee to acquire further knowledge and greater skill in
(his)(her) scientific field, while helping to enhance and increase the scientific potential of the Community,
and shall be financed under the Seventh Research Framework Programme (FP7), approved for the period
2007-2013.

Seventh.-The employee shall submit to the Commission two copies of the reports required by this contract
and as stipulated in article 6 of Annex II. The reports must be written in English.
The two annual reports cover 12-month periods of time from the commencement date of this contract.
The third and final scientific report shall cover the total duration of the project.

Eight.- Any changes to this contract, including Annexes, shall only be made in writing, in form of an
amendment signed by the authorized representatives of the contracting parties. An oral agreement shall not
be binding on the contracting parties.

Any request to modify the contract must be received by the Commission at least two months prior the
expiry date of the duration of the project.

Ninth.- The contracting parties declare that the copies in Spanish presented to the Public Employment
Services for the official registration in the Spanish Kingdom’s official language are an exact translation of
this English version of the contract. The contracting parties have likewise signed the three copies of the
Spanish version.

Tenth.- The following annexes are an integral part of this contract:
         Annex I - Description of the research training project
         Annex II - General conditions
         Annex IIIA - Declaration of the commencement date of the project by the contracting parties
         Annex IIIB - Declaration of the submission of intermediate/final reports
         Annex IIIC - Discretion
         Annex IV - Declaration of the restarting of the project by the contracting parties after a
          suspension of the execution of the project on the basis of Article 7 or Article 10 Annex II.

In the event of any conflict between Annex I and any other provision of this contract, the latter shall take
precedence.

Eleventh.- The present contract will be regulated under the existing applicable Spanish legislation and in
particular through article 15 of the ”Estatuto de los Trabajadores”, enforced by law 12/2001 of 9th of July
(B.O.E. 10th of July) and the ”Real Decreto” 2.720/1998, dated December 18 (B.O.E. 8th January).

For any issues which lead to conflict between the contracting parties and which do not correspond to the
social jurisdiction of the Spanish Kingdom, the Court of First Instance of the European Communities and,
on appeal, the Court of Justice of the European Communities shall have exclusive jurisdiction.

Duodecimal.- The content of the present contract will be communicated to the Public Service for
Employment in SEVILLA OFICINA DE EMPLEO DE LUIS MONTOTO (Office Street Luis Montoto),
within ten days of the commencement of the contract.

Hereby in declaration of conformity, the two parties sign in two copies the present document in the
locations and dates specified below, taking effect from the date of signature of Annex IIIA.


         The Contractor                                        The Employer



Done at ………………, the ……………….                                    Done at Seville, the …………………….