Agreement 30-2021

The purpose of this career regime for employees and officials of the Health Regulatory Agency, hereinafter referred to as ARSA, is to regulate the relationship of service provision between ARSA and its employees and officials. It constitutes a set of mandatory compliance standards that seek to establish a national system of human talent management, instituting the policies, procedure manuals and other instruments that help fulfill the mission, vision, institutional values and objectives of ARSA as an institution of health interest and national security, which has the responsibility of supervision, review, verification, control, surveillance and enforcement of compliance with legal, technical and administrative norms of establishments, suppliers, products and services of health interest and those that carry out activities or practice conduct that affects or may affect the health of the population; and the regulation, granting, renewal, modification, suspension or cancellation of registrations, permits, licenses, certifications and other health authorizations.

The objectives of this regime are: a. To establish the set of standards that determine the rights, obligations and prohibitions of employees and officials of the Health Regulatory Agency, motivating orderly and disciplined work, within a framework of justice and personal dignity. b. To strengthen administrative, technical and legal efficiency in the work of the Health Regulatory Agency, through the labor relationships established in this Regime, committing to perform their work under the highest quality standards, observing ethical principles and values. c. To respect constitutional guarantees and other international norms, including job stability, without prejudice to the causes established for termination of the service relationship. d. To define the career system for employees and officials of the Health Regulatory Agency.

The Health Regulatory Agency shall ensure strict compliance with the provisions contained in this regime and shall execute its actions, where applicable, through the Human Talent Submanagement.

Due to the special nature of health interest and national security of the activities and objectives, the relationships between ARSA and its employees and officials at the national level shall be governed by the provisions of this regime.

Free removal and appointment officials of ARSA shall enjoy the benefits of this regime, excepting job stability ordered by a superior law. Likewise, for purposes of stability, job seniority and labor rights, personnel providing services under the modality of Professional Services Contract, Consulting and Personal Services Contract are excluded from the application of this regime, remaining subject only to the conditions stipulated in the executed contract.

Employees or officials who are promoted or subject to another personnel movement shall be recognized for their job seniority and acquired rights, while enjoying the receipt of indemnifications that in accordance with the Law correspond to them for the time they provided services in the position to which they were promoted. CHAPTER II TERMS AND DEFINITIONS

For purposes of this Regime, the following shall be understood as: a. PERSONNEL ACTION: Generic designation for the act by which the Highest Authority of ARSA or through whom he delegates, determines the condition of an employee or official incorporated into the system through their appointment to perform a position, or by modifying their condition through a promotion, transfer to another position (or geographically), salary or wage increase or adjustment, classification, reclassification or reassignment of the position, paid or unpaid leave, suspension in the exercise of the position, cancellation by severance, dismissal, resignation and any other personnel movement that relates to any aspect of the administrative career of the employee and official. b. AGREEMENT: An administrative act that must be issued by the Commissioned President or by whom he delegates, once the corresponding procedure is complied with. Personnel actions relating to personnel movements in the service relationship of an employee or official of ARSA shall be executed exclusively through agreement issued by the Appointing Authority. c. PROMOTION: Advancement of an employee from one position to another: of superior level, grade or occupational group, in accordance with the Manual of Description and Classification of Positions, with the corresponding salary assigned thereto, or the personnel action relating to the movement of a lower salary band to a higher one within the same occupational group, within or outside the Administrative Unit where services are provided. d. APPOINTING AUTHORITY: It is the Commissioned President of ARSA or in its case the employee or official to whom by express delegation thereof has the attribution to execute the actions that are within its exclusive competence. e. TRAINING: Systematic, planned and continuous process aimed at the acquisition or strengthening of theoretical, technical or practical knowledge, as well as the development of necessary aptitudes on the part of the employee or official for the performance of their position in ARSA. f. ADMINISTRATIVE CAREER IN HEALTH REGULATION: It is the permanence and continuity of capable, reliable and duly qualified personnel who have entered ARSA with the purpose of concentrating their efforts in the provision of a service and making it the primary source of their livelihood, with rights based on merit such as: performance, training and evaluations, to occupy over time positions of higher hierarchy, guaranteeing by ARSA, the conditions for a normal life and with rights to all the advantages determined by this regime. g. SEVERANCE: An extraordinary compensation that ARSA shall grant one time only to its employees and officials when they cease their position. h. COMPETITION: Personnel selection procedure, based on the merits of the applicants, after prior convocation and subsequent evaluation of the tests conducted, which shall be common for all within the same group or level, in accordance with the Manual of Description and Classification of Positions. The competition may be internal or external; internal competition shall be conducted with employees or officials of ARSA who already have a labor relationship and who apply for permanence, promotion or advancement. External competition shall be conducted for public hiring with broad participation. i. CONFIDENTIALITY: Labor condition that employees and officials of ARSA must maintain regarding information they handle in the performance of their positions and which prohibits its disclosure to unauthorized third parties, during the provision of service and five (5) years after it. j. CONFLICT OF INTEREST: Conflict of Interest is any situation in which there may be an interest for personal benefit of an employee or official of ARSA, which influences or may influence their professional decisions, related to the fulfillment of their obligations to the institution. Such personal interest or benefit may be of a labor, economic, political, religious or other nature and that may be contrary to the interests of the institution. k. DISMISSAL: Administrative act by which the definitive separation of an employee or official from the position held is produced, without labor liability for ARSA, for any of the just causes provided for in this regime, observing the corresponding disciplinary administrative procedure and respect for the constitutional guarantees of due process, right to defense and presumption of innocence. l. INTERIM EMPLOYEE OR OFFICIAL: A natural person appointed to a position to temporarily substitute a permanent employee or official who was absent for reasons of illness, occupational injury, leave, temporary suspension, in the provision of service or for any other temporary cause, having to meet the position requirements and without being subject to the recruitment procedure and not subject to indemnification for the termination of the interim appointment. m. PERMANENT EMPLOYEE OR OFFICIAL OF ARSA: It is the natural person who has been appointed through an agreement to provide personal or professional services to ARSA, indefinitely and exclusively in any part of the national territory, after having been selected by competition and once having approved the probationary period. n. PERFORMANCE EVALUATION: System of objective rating determined by ARSA, which has as its primary purpose the evaluation of the performance of employees and officials in the exercise of their position. o. EXCLUSIVITY: The service provided by employees and officials shall be exclusive for ARSA, except for medical practitioners who provide services in social medical assistance centers and those who hold teaching positions, as long as there is no schedule or workday incompatibility. p. OCCUPATIONAL GROUP: Set of positions that, by their organizational content, have similar characteristics that may be subject to common policies in matters of remuneration, access requirements, performance management and others. q. INDUCTION: Process aimed at making recently hired employees and officials receive introduction about the organizational structure and culture, mission, vision, values and strategic objectives, based on the planning, processes, functions and policies that they must develop in the exercise of their position, as well as its context, empowerment and commitment to the purposes and objectives of interest and national security of ARSA. r. LEAVE: Express authorization issued by ARSA by which, at the request of the employee or official, they may be absent from their work position for a determined period of time, when any of the circumstances established in this regime occur, either with or without salary. s. LEVELS: Grouping of positions with similar organizational content, that is, positions that make a contribution to the Health Regulatory Agency of similar importance. t. APPOINTMENT: The administrative act of granting the status of employee or official of the Health Regulatory Agency to a natural person by means of an agreement issued by the Appointing Authority. u. PROBATIONARY PERIOD: Initial period of the service relationship in which ARSA shall evaluate the aptitudes and capabilities of the employee or official in the exercise of their position, prior to their ratification and granting them the status of regular or permanent employee or official. The probationary period may not exceed sixty (60) calendar days and either party may terminate the service relationship without any liability and without just cause being required. v. PERSONNEL BY PROFESSIONAL SERVICES CONTRACT OR PERSONAL SERVICES FOR DETERMINED TIME: It is the natural person who, in cases permitted by this regime and other applicable laws, has executed a Contract with the Health Regulatory Agency to provide personal or professional services with determined validity. w. REMUNERATION SYSTEM: It is the set of directives, guidelines, parameters, criteria and consequently the salary scale, which establishes the remuneration of human talent in service to the Institution, in accordance with the interests, needs and possibilities of its economic and budgetary environment. x. CAREER PLAN: It is a project of individual training of an employee or official, whose purpose is to trace the course of their career and professional development within the Health Regulatory Agency. y. RECLASSIFICATION: Change that occurs in the classification of a determined position, by substantial and permanent variation of its duties and responsibilities, or by modification of the structure of a class or by the elimination or modification of class in the Manual of Description and Classification of Positions. z. RECRUITMENT AND SELECTION: Process to recruit and select personnel who will enter to work at ARSA, in accordance with compliance with the predetermined position profile, as well as the technical competence of the applicant and the approval of the corresponding tests, including those necessary to determine the values of the applicant and their degree of reliability. aa. CAREER REGIME OF EMPLOYEES AND OFFICIALS OF THE HEALTH REGULATORY AGENCY: It is a specific technical regime based on merit and fitness, which constitutes the foundation of personnel management and which has the purpose of achieving, through efficiency and effectiveness, the objectives of the Health Regulatory Agency. bb. REMUNERATION: Quantity of money, goods or other benefits given to the employee and official who maintain a service relationship with ARSA. cc. REINTEGRATION: Personnel action by which the employee or official is reintegrated and returns to perform their duties for ARSA. dd. RECIDIVISM: Aggravating circumstance of liability derived from the performance of conduct prohibited by this regime or by the noncompliance of any of their obligations, according to the nature of their position, on the part of an employee or official of ARSA. ee. RESIGNATION: The written communication by which the employee or official voluntarily terminates the service relationship maintained with ARSA, which shall take effect once they have delivered their service or function duties, as well as their work tools and assigned assets. Resignation preserves for the employee or official, only the payment of their acquired rights. ff. SALARY: It is the monthly remuneration received by an employee and official of ARSA for the provision of services according to their labor relationship. gg. SUSPENSION: The temporary separation of an employee or official in the performance of their position with or without salary, either as a disciplinary measure, intervention action by ARSA or by judicial order issued by competent authority. hh. TRANSFER: The movement of an employee or official from one position to another, within the same occupational group, class or salary scale, within or outside their administrative unit. ii. TELEWORK: The form of organization that develops within the framework of a labor relationship, which consists of the performance of remunerated activities using information and communication technologies (ICT) as support, for contact between ARSA, its employees and officials without requiring their presence at a specific work site. jj. VACATION: Paid rest granted to ARSA employees and officials, after a determined time of service and for the time established in this regime. CHAPTER III CLASSIFICATION OF POSITIONS

It is the responsibility of the Commissioner President to authorize the Manual of Description of Position Profiles, which must contain the characteristics, functions, responsibilities, placement of the same within the positional structures and occupational groups of ARSA, which will allow the Human Talent Submanagement to adequately manage the institution's human talent. CHAPTER IV RECRUITMENT AND SELECTION OF PERSONNEL

Only qualified legal, technical and administrative personnel may enter to work at ARSA who, under the competition procedure, passes knowledge and trust tests, also accrediting their fitness and compliance with the requirements established for the position. Every appointment of an employee or official to perform a permanent position must be made in positions that are duly described, classified, valued, budgeted and authorized in the structure of the Health Regulatory Agency.

In the recruitment process for external competitions, the publicity of the convocation shall be ensured, using all possible means of dissemination to attract the greatest number of applicants guaranteeing its transparency. In the recruitment process for internal competitions, the publicity of the convocation does not apply.

In the recruitment process, the search for the most suitable candidates for the position and with greater possibilities for future development thereof must be ensured.

It is the responsibility of the Human Talent Submanagement together with the respective Direction or Technical Unit, at the request of the Commissioner President, to make the selection of eligible candidates to occupy positions within the Health Regulatory Agency, in accordance with what is provided in this chapter and the Manual of Description of Position Profiles established for this purpose.

In order to fulfill what is proposed in the Career Plan, the vacancies or positions shall be filled prioritarily through internal competition. If qualified human talent is not available, an external competition shall proceed. The following positions are excepted from this provision: those positions that as of the publication date of this regime are appointed permanently.

Emergency hiring may be carried out for reasons of force majeure, when situations occur whose occurrence cannot be known or foreseen in advance in accordance with budget availability and declaration of emergency by Executive Decree. Such hirings shall be authorized by the Commissioner President and they must not exceed ninety (90) days regarding the contract term; which shall be carried out through the Human Talent Submanagement. The rights and obligations arising from this type of contracts shall be known by the Administrative Contentious Courts. CHAPTER V SYSTEM AND SUBSYSTEM OF PERSONNEL LINKAGE

To enter ARSA the following is required: a. Submit employment application through the form provided by the Human Talent Submanagement. b. Be Honduran, over 18 years of age, of recognized honorability and in full enjoyment and exercise of civil rights. c. Present personal documents, including updated certification of criminal and police records. d. Accredit academic training at the educational level related to the position to which he/she aspires. e. Present curriculum vitae duly updated with documents that accredit fitness for the position. f. Submit to Trust Tests and/or Evaluations established as required. g. Submit and successfully pass the Recruitment and Selection process, as established by ARSA. h. Submit and pass the probationary period. i. Two recent passport-sized photographs. j. Others that the Commissioner President establishes according to the nature of the position. In special cases duly proven, in which it is not possible to contract Hondurans for a determined position, the Health Regulatory Agency may employ foreigners under the modality of professional services contract, who comply with all legal requirements to perform the vacant position, always ensuring that the hired professional must train the national personnel required to subsequently perform these duties.

The following persons shall not be eligible for any position within ARSA: a. Those who are disqualified by final judicial sentence from holding public office. b. Those who provided services to the Health Regulatory Agency and were terminated for justified cause. c. Those who hold other positions in the Central Government, Decentralized, Deconcentrated or Autonomous Organisms of the State, remunerated, except those in the teaching and health areas, provided that they do not interfere with the working hours established by ARSA. CHAPTER VI INDUCTION

New personnel must receive an induction in order to empower themselves with the organizational structure, the mission, vision, values and strategic planning of the institution, the role they will perform, the policies, functions, obligations and prohibitions in their capacity as an employee or official of ARSA and their commitment to the interest and national security vested in the same. CHAPTER VII PERSONNEL IDENTIFICATION

The Human Talent Submanagement shall provide an identification card to all employees and officials of ARSA, being mandatory its use in the performance of their official functions. This card shall be delivered to the employee and official once their trial period is completed and shall be obligated to its immediate return at the end of their employment relationship; said card is non-transferable and mandatory for use within ARSA facilities and when performing functions outside the institution in representation or by delegation of it. In case of loss, they must notify it immediately to the Human Talent Submanagement. The removable logos and insignia are subject to the provisions of this article.

In addition to what is indicated in the previous article, to the extent of the institution's financial possibilities, uniforms and clothing with the ARSA logo and insignia shall be provided, the use of which shall be mandatory in the performance of their official functions. In case of loss, deterioration or other situation that generates the need for replacement of the uniform or clothing, the employee or official must notify it to the Human Talent Submanagement, in order to carry out the corresponding actions, according to the guidelines that ARSA establishes for this purpose. At the time of terminating the service relationship, it must be returned to the institution. CHAPTER VIII TRIAL PERIOD

Every selected candidate who is appointed to hold a position shall be subject to a trial period, which shall not exceed sixty (60) calendar days, which shall begin from the date of taking office and shall have as purpose for ARSA to identify the skills, abilities, knowledge, experience in relation to the position to be held; and for the employee or official to verify the conditions offered by the institution and all those aspects that generate advantages for permanently occupying the position. Said trial period shall be indicated in writing in the Appointment Agreement and shall be remunerated.

During the trial period either party may terminate the service relationship unilaterally, with or without just cause and without incurring any labor liability.

The trial period is automatically suspended in cases of medical incapacity and other situations that affect normal work performance, resuming for the time remaining to comply with said period when the cause that gave rise to the suspension concludes. CHAPTER IX REMUNERATION SYSTEM AND SUBSYSTEM

Within the framework of the remuneration management subsystem, it is understood that the objective of remuneration is to attract, maintain and develop a body of effective employees and officials, who contribute to the fulfillment of institutional objectives and in this way are remunerated objectively according to their performance and productivity.

For purposes of this regime, ordinary salary is understood to be that which the employee or official earns in a period of twenty-eight (28) calendar days.

ARSA shall pay its employees and officials the thirteenth and fourteenth salary according to the legal provisions that govern these concepts. In both cases, the value corresponding to an ordinary salary or its proportional part shall be paid as applicable.

ARSA adopts as a strategy for the achievement of its objectives, the establishment of competitive salaries and benefits as a mechanism of stimulus to have and retain the best human talent.

ARSA employees and officials shall have the right to earn the salary corresponding to the position they hold, which shall be assigned according to the corresponding positional structure and occupational group at a determined salary scale. Remuneration shall be set taking into account the financial possibilities of the Institution, the degree of responsibility required and the complexity of each position.

The salary system is composed of positional structures and occupational groups, assigning to them the corresponding salary scale. It shall be understood as such, the progressive ordering of salaries that comprise an initial salary and a salary for each occupational group, which allows employees and officials to grow within the institution according to the opportunities that arise and the fulfillment of requirements.

The ordinary salary of ARSA employees and officials shall be paid in legal currency, 50% of the monthly ordinary salary every fourteen (14) days, making a total of twenty-six (26) payments during the year in the following manner:

• a)

  The first payment shall be made effective no later than the fourteenth (14) day of January.

• b)

  The following twenty-five payments shall be made every fourteen (14) days during the course of the year.

• c)

  In case the payment date is a non-working day, it shall be made on the immediately preceding working day.

• d)

  Receiving an additional monthly salary payment in December, thus fulfilling the total of twenty-six (26) annual payments.

ARSA shall grant salary adjustment according to performance evaluation, the foregoing shall be subject to the financial availability of the Institution. Selective salary increases are excepted from these provisions.

ARSA shall make the deductions that are authorized by law of its own motion. In addition, those that are authorized in writing by employees and officials or those ordered by a competent judicial authority.

ARSA, in accordance with budgetary availability, may grant its employees and officials benefits as incentives for better performance in the fulfillment of goals, taking into consideration all those aspects that the Maximum Authority of ARSA deems necessary.

ARSA, in order to improve working conditions, may grant its employees and officials other benefits according to budgetary availability including, but not limited to: life insurance, medical insurance, academic benefits for their children, scholarships, technological benefits, health services, special services for the care of minors, funeral expenses for the employee or official, and others that may be provided according to the needs to be met, governed by this regime and the other provisions that ARSA establishes for such purposes.

In addition to the remunerations described in the preceding articles, ARSA shall pay its employees and officials a benefit in the form of vacation pay in an amount corresponding to one monthly salary. Those employees and officials who complete one year of seniority shall have the right to enjoy this benefit. Said benefit shall be made effective during the month in which they began to work at ARSA, and, in exceptional cases, no later than the first fifteen days of the following month.

ARSA shall make the corresponding salary and benefit remittances by means of an electronic deposit to the account of each employee and official, who shall freely designate the bank account of their property. CHAPTER X PERFORMANCE EVALUATIONS, EFFICIENCY AND HUMAN TALENT TRAINING

ARSA shall apply the evaluation system regulated in the Performance Evaluation Manual; which has the purpose of determining the diligence, efficiency, initiative, character, conduct and aptitudes in the provision of services of each of its employees and officials, as well as that of its organizational units.

The evaluation shall be coordinated by means of the Human Talent Submanagement, which, together with the immediate supervisors, shall prepare the evaluation instruments, indicating the purposes and objectives thereof, the methodology and criteria to be used, and the factors that shall be rated for subsequent approval by the President Commissioner(a) or by whoever he/she delegates. The application of the Performance Evaluation shall be adapted to the nature of each class and position, and shall be applied annually, semiannually, or quarterly as decided by the maximum authority of ARSA.

The evaluation of each employee and official shall be incorporated into his or her personal file, whose rating shall be a factor for granting incentives such as: promotions, remuneration, transfers, training programs, and other analogous benefits.

Employees and officials of ARSA whose performance evaluation is not satisfactory shall not be subject to promotions, salary increases, transfers, training programs, and other analogous benefits during that fiscal year.

The minimum efficiency indices of employees and officials shall strictly comply with the work object of the position to be performed through the Appointment Agreement. This shall be done within the functions established according to the characteristics of the position.

Employees and officials of ARSA shall ensure that work is executed with quality, sense of urgency, efficiency, effectiveness, and in observance of the technical and legal norms applicable to their specific work and that results in benefit to both the Institution and themselves personally.

To facilitate the fulfillment of the tasks, duties, and obligations corresponding to the employees and officials of ARSA at the national level and to promote their development, the Human Talent Submanagement together with the Departments, Units, and Territorial Instances, through the ARSA Training Center, shall prepare and apply the training and instruction plans deemed necessary.

ARSA shall develop permanent training programs, within and outside the work hours already established by ARSA, addressing the needs detected in performance evaluations or others that are of immediate or special attention, determined by each Unit, Department, or Territorial Instance.

The purpose of the training programs shall be to update, enhance, or develop the knowledge and skills of employees and officials, as well as to optimize the provision of services offered by ARSA. Training may be provided by the Training Center of said institution, the Units or Departments of ARSA, or by external experts, institutions, or organizations. CHAPTER XI PROFESSIONAL TRAINING SUBSYSTEM ARSA TRAINING CENTER

The ARSA Training Center shall be responsible for improving and enhancing the knowledge of the Institution's employees and officials, through training sessions, workshops, diplomas, master's degrees, doctorates, and consulting services, among others; having at its disposal the powers to manage before the academy, chambers, professional associations, or organizations that provide services related to the country's regulatory system or equivalent at the international level, in order to increase the technical-scientific capacity of the national regulatory administration and ensure that it is modern and transparent, to improve the competitiveness of the country.

The ARSA Training Center is responsible for designing, implementing, socializing, and executing training and regulatory training plans and programs corresponding to the national level, at all levels of education, auxiliary public regulatory functions, institutions linked with regulatory services, and all social and economic sectors of the Republic related to ARSA.

ARSA is empowered to establish everything related to the structure, budget, methodology, and other functions of the ARSA Training Center respectively, as well as any other requirement that may in the future contribute to the development of this Center.

It is the responsibility of the ARSA Training Center to prepare the Manual of Processes and Procedures thereof, in order to establish the mechanisms to be implemented regarding the management, programming, and training that it will provide through training courses, seminars, workshops, diplomas, master's degrees, doctorates, advisory services, among others, that will be offered to ARSA employees and officials. CHAPTER XII WORK SCHEDULES, WORKING HOURS AND REST PERIODS

The ordinary work day shall not exceed eight (8) daily hours and forty-four (44) per week, equivalent to forty-eight (48) hours of pay. ARSA, being a national security institution whose mission is to protect the health of the population, shall establish special provisions for work that, due to its own nature, is performed continuously and in shifts. Modifications to working hours shall be made according to the institution's requirements under certain circumstances.

ARSA shall establish internal manuals for the development and implementation of the work modality it adopts.

Employees and officials subject to this regime are not required to maintain a rigid work schedule, but must work the number of hours or carry out the activity assigned by the institution, respecting the maximum number of hours indicated in this regime. Additionally, they must respect the rules regarding data or information ownership, use and care of equipment, and processes to ensure its storage.

ARSA employees and officials shall enjoy a one (1) hour recess to take their meals, according to the schedule established by the institution, with responsibility for the authorization resting with the immediate supervisor of the Units or Departments, in such a way that the provision of services is not interrupted. Special work schedules may be authorized in cases where service needs warrant it, guaranteeing permanent and continuous attention to citizens in those areas of service that require it.

When ARSA employees and officials perform functions in places different from where they normally work, they shall be subject to the schedule that prevails in those places, but always complying with the minimum of eight (8) daily hours established.

When ARSA deems it necessary to work outside the established schedule, the employee or official must agree to provide their services with compensation for overtime if applicable, or with compensatory time as established in the corresponding manual. Work performed after the ordinary schedule shall not be understood as overtime when it is done to make up hours not worked due to causes attributable to the employee or when the employee uses it to correct errors made in the performance of their functions. In addition to the foregoing, employees or officials may enjoy one paid day off in the month of their birthday only.

Overtime work shall require prior written authorization from the immediate supervisor, provided it is proven to be essential for attending to urgent work, and the supervisor must request the President Commissioner to authorize payment thereof. Subsequently, such action must be notified to the Human Resources Sub-management so that it may continue with the procedure.

Every ARSA employee and official must record their time of entry and departure through the system provided for this purpose. Failure to personally record entry and departure times shall be sanctioned in accordance with the provisions of this regime. The President Commissioner may authorize exceptions to this provision. ARSA employees and officials shall enjoy five (5) minutes of grace daily for tardiness.

ARSA shall grant rest days and holidays in accordance with the legal provisions that govern them or in accordance with what the Executive Power determines as appropriate. However, due to the need to continue providing the service or developing ARSA functions, work days may be executed on these days. The weekly rest day shall preferably be Sunday, but ARSA authority may designate a different day. Commissioners, Directors, and Unit Heads must submit to Human Resources Sub-management reports and justifications of absences or tardiness of their employees on a monthly basis, in order to maintain better control of their work attendance. CHAPTER XIII VACATIONS

ARSA employees and officials shall have the right to enjoy twenty (20) business days for vacation purposes after completing their first year of continuous service. For each year of service completed for ARSA, the employee or official shall receive a vacation benefit equivalent to one ordinary salary.

In cases of termination of the employment relationship for any cause, accrued or proportional vacation not taken as of the date of termination must be paid to the employee or official who has ceased from office.

Employees or officials during the enjoyment of their vacation may not dedicate themselves to work in any way for any other public sector institution, with the exception of those dedicated to teaching or the health sector.

Time worked as a trial period, which may not exceed sixty (60) days, shall be counted for purposes of calculation, in relation to the time of continuous service that gives the right to vacation.

It is prohibited to accumulate vacation periods. However, the employee or official may do so when performing technical work, supervisory or management duties, positions of trust or other similar ones that make replacement difficult. In these cases, the maximum accumulation shall be up to two (2) periods. Vacations shall expire after two (2) periods counted from the date the employee or official initiated their labor relationship, unless the latter does not enjoy the same due to causes attributable to ARSA. When there is just cause, ARSA may pay for said enjoyment.

Vacations may be granted ex officio or at the request of the employee or official. No employee or official may begin the enjoyment of their vacations without the respective authorization, issued by their Immediate Supervisor and notified of such action to the Human Talent Sub-management. The heads of each Unit or Directorate are obligated to prepare in the month of December of each year the annual vacation calendar for all employees or officials under their charge, taking into consideration the non-interruption of services. Said calendar shall be sent to the Human Talent Sub-management no later than the twentieth (20) day of December.

Employees and officials shall enjoy their vacation period uninterrupted, but due to urgent need, ARSA may require the same to suspend their enjoyment of vacation and return to work. In this case, the employee or official does not lose the right to resume the enjoyment of their vacations, taking into consideration what is established in the first paragraph of the previous article. CHAPTER XIV LEAVES

The Sanitary Regulation Agency shall grant paid leave to its employees and officials in the following cases: a. Public calamity such as floods, earthquakes, hurricanes, epidemics or other similar causes when the employee or official, or their relatives within the fourth degree of consanguinity or second degree of affinity, are affected in their persons or in their property and this requires their immediate assistance or, when in similar circumstances the employee or official has to perform general relief or assistance services. This leave shall be paid and shall be granted for the time necessary up to a maximum of twelve (12) calendar days, without prejudice to the instructions issued by the competent authorities on contingency matters. b. To assist their spouse or household partner, children, siblings, parents and grandparents in case of serious illness of the latter. They must present documentation that certifies the relationship and medical certification to their Immediate Supervisor who must notify such action to the Human Talent Sub-management; the leave may not exceed thirty (30) continuous or alternating calendar days in the year. c. For civil or ecclesiastical marriage, the employee or official shall be granted six (6) working days when it is a first marriage, or three (3) working days if it is a second or subsequent marriage. d. For paternity, to be absent on the occasion of the birth of his or her child, for five (5) working days. The employee or official must communicate in writing and in advance to their immediate supervisor the probable date of childbirth, attaching supporting documentation; subsequently, said immediate supervisor must send the said permit to the Human Talent Sub-management. e. Employees or officials who pursue studies shall have the right to one (1) hour daily permission in those cases where it is necessary and the subject is only taught within the working hours established by ARSA, having to prove their status as a student, as well as the document showing their enrollment, class schedule and periodic grades; the immediate supervisor may grant this facility and must make up the additional time that it takes. f. For bereavement, they shall have the right to five (5) working days if the deceased was one of their parents, children, siblings, spouse or household partner. However, if the deceased had lived in a different place than the domicile of the employee or official, up to nine (9) working days may be granted, taking into account the distance and other circumstances that apply. g. In the event of the death of a relative of the employee or official, within the fourth degree of consanguinity or second degree of affinity that are not those listed above, they may enjoy leave for up to three (3) working days. h. Employees or officials who fail to perform their duties due to illness must notify their immediate supervisor or, in the absence of the latter, the Human Talent Sub-management, presenting themselves or through a third party within two (2) business days following the issuance of the incapacity or the cause that motivated their absence, a written note, with the receipt of their immediate supervisor, attaching to said note the incapacity issued by the Honduran Social Security Institute (IHSS). i. Any other leave that must be granted pursuant to the Social Security Law and other social welfare laws and the Labor Code.

Employees and officials of ARSA shall have the right to enjoy unpaid leaves and these shall be granted, prior request, for the strictly necessary time, according to the circumstances of the case and accrediting the reasons for it. Unpaid leaves shall be granted when there are qualified circumstances in which the personal interest of the employee or official prevails. Leaves without pay to perform public or administrative offices, positions of senior management or elected positions for the time they are appointed, without losing their labor rights. If its duration is less than one month, it shall be granted by the immediate supervisor, with prior knowledge of the Highest Authority; and if it exceeds, the issuance of the corresponding Agreement signed by the highest authority of ARSA shall be necessary. At the written request of the employee or official and with sufficient advance notice, they may be extended for similar periods, as long as the cause subsists and is accredited. These leaves that shall include their extensions may not exceed two (2) years. In case of requiring an extension, the request must be submitted before the expiration of the granted leave. Unpaid leaves suspend the service relationship; consequently, the time they last shall not be computed for purposes of seniority and acquisition of rights. Unpaid leaves shall be authorized as long as it does not jeopardize the service of ARSA.

Requests for leaves that are not resolved within a maximum period of fifteen working days shall be presumed to have been resolved unfavorably for the applicant.

Employees and officials may attend private clinics or medical offices of the Honduran Social Security Institute (IHSS) during working hours. In each case, the employee or official must present the documentation or certificate issued by the private physician or IHSS that proves their visit and stay at the respective clinic.

In places where the Honduran Social Security Institute (IHSS) does not operate, certificates may be issued by private physicians and in the case of incapacities greater than three (3) days they must be ratified by the Hondureño Social Security Institute (IHSS). The employee or official must fill out the absence report which shall be authorized by the immediate supervisor, sending the same to the Human Talent Sub-management, for purposes of corresponding control, empowered to review and confirm whether the certificates issued to the employee or official are in legal and proper form.

In places where ARSA has a medical clinic, the employee and official, during working hours, may enjoy the benefits for illness or accidents and in case of severity, referral shall be made to IHSS or a private clinic; likewise, by diagnosis, the clinic shall have the authority to issue incapacity for up to three (3) days.

The permits granted to employees and officials shall be exceptions of a highly qualified nature and the causes or justifications presented by the employee or official must be previously verified prior to authorization by the immediate supervisor.

The absence of the employee and official from their duties without justified cause shall not be permitted, nor shall the interruption of work or abandonment of work to attend personal matters be permitted without the permission of their Immediate Supervisor and using for such purpose the exit pass or control form that is maintained for such purpose, approved by the Human Talent Sub-management. CHAPTER XV INTELLECTUAL PROPERTY

All intellectual productions that employees and officials of ARSA develop or to which they contribute, collaborate or participate, in compliance or execution of their activities, have a confidential character and are the property of ARSA in accordance with the express legal provisions in the Copyright Laws and Related Rights and Industrial Property. These rights include not only the final product, but the methodology, its computer software and support materials related to these, the set of works, sketches, production and audiovisual material, diagrams, previous documents, flowcharts and together, all and each of the works capable of being subject to intellectual and industrial property, carried out for the development of the same. Therefore, the reproduction, withdrawal of copies, alteration or use of any of the aforementioned without authorization from ARSA as a National Security institution is prohibited. CHAPTER XVI CONFLICT OF INTEREST

Every natural person upon becoming an employee or official of ARSA is obligated to sign the Conflict of Interest Letter that the institution establishes for such purpose.

In cases where an employee or official detects the conflict of interest that arises with a certain situation, they must refrain from continuing to handle it and immediately communicate it to their supervisor who shall decide the actions that correspond to be executed, in accordance with what is established in the Regulation of the Code of Ethics Conduct of the Public Servant. In case of non-compliance with the foregoing, they shall be subject to sanction. CHAPTER XVII PROMOTIONS, ADVANCEMENTS AND TRANSFERS

Promotion is considered to be the advancement of an employee or official to a position of higher rank, in accordance with the due process established by the Health Regulatory Agency.

Promotions shall be made through competitive examinations and fitness assessments conducted by the Human Talent Sub-Management, prior to the request of the employee and official within the periods specified in the call for applications.

Employees and officials shall have the right to take a promotion examination provided they meet the education and experience requirements established in the Job Profile Description Manual prepared for that purpose, accrediting a minimum seniority of one (1) year in the performance of their current position.

When ARSA considers it appropriate to carry out transfers and it is necessary to change the domicile of an employee or official, it must obtain the authorization of the latter before carrying out the pertinent transfer actions, granting a period of one (1) month to carry out the transfer, except for positions or functions that by their nature require availability for mobilization, guaranteeing the employee and official everything necessary to perform their work in the designated place.

When the transfer implies for the employee and official a change of domicile within Honduran territory, ARSA may assign an additional economic recognition on a one-time basis, in concept of transfer expenses, which shall be for the amount of an average minimum salary. CHAPTER XVIII RIGHTS, OBLIGATIONS AND PROHIBITIONS OF EMPLOYEES AND OFFICIALS

Employees and officials of ARSA have the right to: a. Receive remuneration and earn the salary corresponding to the position they hold, in accordance with the salary scale and the Institution's budget. b. Job stability, except in those cases in which they incur just cause that empowers ARSA to dismiss them or in those cases of termination due to cause beyond the will of the employee or official. c. Enjoy the benefits of social security and welfare according to the legal provisions that govern it. d. Any pregnant female employee or official shall enjoy mandatory paid leave in the same manner as her work, for forty-two (42) days preceding labor and forty-two (42) days following it, shall retain her job and all corresponding rights. For purposes of the leave referred to in this subsection, the female employee or official must present to the Human Talent Sub-Management through her immediate supervisor, a medical certificate in which the following must be stated:

• •

  The state of pregnancy;

• •

  The indication of the probable date of labor; and,

• •

  The indication of the date from which the leave must begin. e. The female employee or official shall have the right to one hour within the work day to feed her child during the first six (6) months of age, without any deduction from salary for this concept. She may take this hour at the beginning or at the end of the work day. To enjoy this right, she must present to her immediate supervisor and to the Human Talent Sub-Management, a written statement indicating the time at which she will enjoy said right, accompanied by a copy of the Birth Certificate of her child. f. The female employee or official who, during pregnancy suffers a miscarriage or a non-viable premature delivery shall have the right to paid leave for up to two weeks. g. The female employee or official cannot be dismissed while pregnant or during the lactation period. h. In case of termination due to causes beyond her will, the following shall be paid to her:

• •

  Compensation of two (2) ordinary salaries.

• •

  Payment of pre and post-natal leave.

• •

  Indemnification of 180 hours in concept of lactation, or in proportional time if she were already enjoying the lactation period. i. Enjoy promotion, complying with the requirements established in this regime. j. Enjoy the benefits of the Law of Retirements and Pensions for Employees and Officials of the Executive Branch and its Regulations. k. Respect for due process and the right to defense. l. Be treated with proper respect and consideration by their superiors. m. Resign from their work position by giving the corresponding notice. n. To be paid the rights and indemnifications established in this regime, when dismissed without just cause. o. To enjoy paid or unpaid leaves, as established in this regime. p. Receive travel allowances or travel expenses when they must travel outside their work domicile to perform duties proper to ARSA. q. Enjoy doubly remunerated vacations, for the period established in this Regime. r. Be selected to apply for study scholarships within or outside the country, participate in courses, seminars and other professional development activities and to honorific mentions or distinctions for distinguished services, perseverance, punctuality, efficiency or any other recognition in accordance with the procedures that shall be established. s. Grant leaves for study scholarships and training programs in accordance with the provisions issued by the Human Talent Sub-Management.

Employees and officials shall have the right to payment of their acquired rights established in this regime upon ceasing their labor relationship with ARSA due to justified dismissal in the following manner:

• a)

  Days actually worked;

• b)

  Earned vacations and proportional ones;

• c)

  Thirteenth month earned or proportional;

• d)

  Fourteenth month earned or proportional;

• e)

  Others established by this regime.

ARSA may terminate the labor relationship with its employees and officials for the following causes: a. Severance b. Dismissal c. Resignation of the employee and/or official d. Mutual agreement of the parties e. Death of the employee and/or official f. Physical or mental incapacity that makes compliance with the service relationship impossible g. Preventive detention for more than six (6) months or by judicial convicting sentence against the employee and official.

Severance as remuneration for the seniority of services rendered shall be effective for an amount equivalent to one salary for each year of service, up to a maximum of twenty-five (25) years, taking as a basis the average of the last six (6) ordinary salaries earned plus other benefits that by Law correspond or fraction of time when that period has not been completed. With the exception of those stated in Article No. 83 subsections b) and g).

Any employee and official may resign from their position by giving the corresponding notice with thirty (30) calendar days in advance. The resignation must be accepted within ten (10) business days counted from the notification to the Appointing Authority, in order to carry out the corresponding administrative procedures, remaining subject to payment of the corresponding rights.

The Appointing Authority must reassign the work load to another employee or official and shall proceed to issue the respective cancellation agreement.

When the labor relationship is terminated by mutual agreement of the parties, expressed through an exchange of communications between the employee or official of ARSA before the Highest Authority. In these cases; the benefits and labor rights shall be recognized in favor of the employee or official, prior to a favorable opinion regarding the budgetary availability to make said cancellation effective. The employee or official may opt for termination of the labor relationship by mutual agreement provided that they are not subject to an internal disciplinary process or investigation by the competent bodies, once these are concluded and no fault or crime is proven, this benefit shall be recognized to them.

When the death of an employee or official of ARSA occurs in the exercise of service provision for the institution, one hundred percent (100%) of the benefits and labor rights that would have corresponded to them shall be granted to the legally declared heirs.

Physical or mental incapacity, duly diagnosed and confirmed where applicable by the Honduran Social Security Institute (IHSS) that makes it impossible for the employee or official to fulfill their functions, shall be recognized the payment of one hundred percent (100%) of their labor benefits established by this regime.

Justified dismissal shall take place in those cases indicated in this regime; and the employee or official shall retain only the payment of acquired rights.

Every employee or official who terminates their labor relationship with ARSA through retirement must notify it with at least thirty (30) calendar days in advance. The Nominating Authority shall carry out the corresponding administrative procedures, remaining subject to the payment of the corresponding rights and benefits provided that the employee or official meets the requirements established for such purpose.

The notice of dismissal as indemnification shall be paid when applicable, in accordance with the following scale: a. If the employee or official has a seniority of less than five (5) months, indemnification shall be made with the value corresponding to twenty-four (24) hours of average salary. b. If the employee or official has a seniority of five (5) months and one (1) day up to twelve (12) months, indemnification shall be made with the value corresponding to two (2) weeks of average salary. c. If the employee or official has a seniority of one (1) year and one day up to two (2) years, indemnification shall be made with the value corresponding to one average monthly salary. d. If the employee or official has a seniority of two (2) years or more, indemnification shall be made with the value corresponding to two (2) months of average salary.

Given the nature of the services that ARSA provides, employees and officials shall comply with the following obligations: a. Respect and loyally comply with the Constitution of the Republic, the present Regime, Code of Ethics for Public Servants and other Administrative Laws. b. Perform the position for which they have been appointed in a personal, regular and continuous manner, with the dedication and efficiency that the nature thereof requires, during the legally established working hours and schedule. c. Present themselves with punctuality to their work, promptly occupying their workplace, remaining dedicated to their functions. d. Register or mark daily in the attendance controls established by ARSA, the entry and exit of the legally established working hours. e. Notify their immediate superior with due advance notice the reasons that prevent them from attending work, so that the necessary arrangements can be made for their replacement, and it is through the immediate supervisor that these must be reported to the Human Talent Sub-Management. f. Communicate within the three (3) following days to the Human Talent Sub-Management any important information regarding changes in name, change of address or telephone number necessary for their personnel file. g. Comply with the orders and instructions that, in accordance with this regime and the principles of sound administration, their hierarchical superiors issue, including additional tasks assigned to them in the interest of public service, provided that, in this latter case, it does not mean detriment to the guarantees and rights provided for in the laws. h. Maintain in relations with the public, decorum, dignity, respect, impartiality and ethics, so that no justified complaints arise due to poor service or lack of attention. i. Execute their work themselves, with the greatest efficiency, care and diligence, in the time, place and conditions agreed upon. j. Observe good customs and exemplary conduct during the provision of service. k. Provide assistance at any time when needed, when due to disaster or imminent risk people or the interests of the institution or their coworkers are endangered. l. Return to the Administration unused materials and maintain in good condition the furniture, office equipment and other items assigned, not incurring responsibility if the deterioration originated from normal use, fortuitous event, force majeure, poor quality or defective construction of these. m. Execute Health Regulation for the satisfaction of public interests, in accordance with the principles of efficacy, efficiency, hierarchy, decentralization and coordination, with full submission of law. n. Refrain from participating in activities, situations or having behaviors incompatible with their functions or that may affect their independence of judgment for the performance of these. o. Act at all times in accordance with the common good, with loyalty to the interests of the State of Honduras over any other interest whether personal, economic, financial, commercial, labor, political, religious, racial, partisan, sectarian, union or associative of any nature. p. Grant equal treatment and in no moment and for no circumstance shall give preference, nor shall discriminate against any person or group of persons, nor shall abuse in any way the power or authority with which they are vested. This behavior shall also be observed in the relations that the employee and official maintain with their subordinates. q. Motivate their subordinates to act with independence of judgment and good judgment, with honesty, integrity and responsibility. r. Strictly and rigorously maintain the reserve, discretion and confidentiality required in the handling of documentation and information that for reasons of their functions they know, such as: administrative matters, technical matters or any information that would have been classified as reserved, confidential or secret in accordance with current legal provisions, whose disclosure could cause harm to ARSA, to employees and officials, users of the institution's services, without prejudice to the civil, criminal and administrative liability that may be incurred. s. Adjust their conduct to the right that citizens have to be informed about their performance. t. Refrain from using their position, power, authority or influence to obtain or procure undue or illegal benefits or advantages for themselves or for third parties, whether natural or legal persons. u. Comply with the orders that their competent hierarchical superior issues, provided that these meet the formalities of the case, are in accordance with the Law and are aimed at the execution of acts that are incumbent upon the employee and official, by virtue of the functions inherent to their position. v. Facilitate investigation in the case that they are charged with a preterintentional crime and collaborate with the authorities so that the administrative and judicial measures necessary to clarify the situation are executed, in order to preserve their honor and the dignity of their position. w. Inform the competent Highest Authority about the facts that they become aware of in the development of their actions, that could constitute a crime or administrative infractions, for the purpose of filing the respective criminal report or initiating the corresponding administrative proceeding. Likewise, facilitate the data that is requested of them by the competent authority. x. Carry visibly a credentials card or other identification that accredits them for the performance of their functions. y. Present receipts for travel allowances and other travel expenses when they have to travel on official business, outside their home or the place where they permanently perform their duties. z. Notify with due advance notice when they must be absent for causes protected by Law; the institution reserves the right to verify the cause they invoke for missing work, especially when the respective notice has not been given. aa. Attend training and capacity-building events within the timeframe established by the ARSA Training Center. bb. Use the assigned uniform in the manner the institution establishes, which shall be mandatory in the performance of their official functions; the provisions of this section are excepted for employees who by their functions must eventually dress in formal attire as the case may be. cc. Provide all information or evidence completely as requested by internal or external auditors during the execution of audits or by other entities in accordance with Law. dd. Comply with the policies, directives and technical, legal and administrative provisions issued by the superior authorities through circulars or other means of official communication. ee. Maintain loyalty to the Institution and its supervisors, refraining from criticisms and comments that harm them or that could damage the image and interests of the Institution. ff. Submit annually to the tests that ARSA determines to practice, to certify suitability and knowledge. gg. Demonstrate due respect in relations with their supervisors and coworkers, maintaining an environment of order and discipline during their working hours, so that, through mutual cooperation, the related services of the Institution are always at a high level of efficiency. hh. Notify in writing their state of pregnancy with the medical proof at the earliest possible time to their immediate supervisor and this shall forward it to the Human Talent Sub-Management. ii. Allow during the performance of work or at the entrance and exit of the Institution, any personal search or review of packages that ARSA agrees to, provided that no attack is made on the property, integrity and security, respecting the dignity of the employee and official. jj. Comply with special missions of service and integrate work commissions ordered by the Commissioner/President, Deputy Commissioners, Directors and Immediate Supervisors as appropriate, in the stipulated terms, observing the precepts of the present regime. kk. Submit to periodic evaluations of performance during the exercise of their functions and correct those deficiencies detected therein. ll. Maintain the exclusivity of their services while the service relationship lasts, except in those cases contemplated in the Constitution of the Republic provided that it does not interfere in their working hours with ARSA. mm. Comply with preventive biosecurity and hygiene measures established and those agreed upon by the competent authorities in the places where they perform their functions for their personal protection. nn. Present themselves to work when required by the authorities of the institution in hours or non-working days whether for the exercise of institutional functions, force majeure or fortuitous event. oo. The employee and official who has been eligible for training processes such as seminars, training courses, diplomas and others, through ARSA management, shall present a report to the Immediate Supervisor and replicate the knowledge acquired. pp. Comply with the computer policies established by ARSA regarding the use of systems, software, hardware or any other computer equipment. qq. Comply with the other obligations imposed by the present Regime, Labor Code, applicable Laws and other provisions inherent to the performance of their functions.

The following are prohibitions for employees and officials of ARSA: a. Alter, conceal, destroy, falsify, divulge, manipulate information or evidence, provide false, incomplete or late information that puts the institution at risk. b. Use their position to influence a person in order to obtain an undue or illegal benefit, whether direct or indirect for themselves or for a third party, natural or legal person. c. Intervene directly or indirectly, by themselves or through third parties, in the substantiation or decision of matters in which they have previously had knowledge in the exercise of professional practice, or have a personal, family, friendship or collective interest. d. Make improper use and for purposes different from those authorized, of movable property belonging to ARSA, such as telephones, vehicles, fuel, tools, spare parts, among others, that ARSA provides for the performance of their duties, as well as staining, placing legends or inscriptions of any kind on movable and immovable property of the institution. e. Use for personal benefit or that of third parties, reserved or privileged information of which they have knowledge in the exercise of their public function. f. Use electronic services and means for entertainment purposes or purposes other than official communication or search for information or obtaining knowledge related to the work that ARSA performs, as well as use institutional material goods for the reproduction of materials unrelated to ARSA's work. g. Commit acts of violence, mistreatment, threats, insults or slander against superior authorities or immediate supervisors, coworkers, subordinates or third parties who have a relationship with the Institution, whether inside or outside it. h. Remain in their department or in ARSA facilities outside normal working hours, without authorization from the Immediate Supervisor or abandon their work during working hours without justified cause and without permission from the Immediate Supervisor. i. Perform work for other natural or legal persons during the legally established working hours by the Institution. j. Give away, sell, lend or improperly use uniforms, personal items with the ARSA logo, which directly or indirectly may cause disrepute to the institution. k. Carry out commercial activities, private sales, participate in games of chance, make raffles or subscriptions within the establishment without permission from the Highest Authority and without prior compliance with the requirements established by Law. l. Intervene in any way in the management of procedures that are the responsibility of ARSA, to favor private parties. m. Present themselves to the institution in a state of inebriation or under the effects of other illicit drugs. n. Intentionally reduce the pace of work, illegally suspend work or promote untimely work suspensions or incite their declaration and maintenance, whether they participate in them or not. o. Fail to comply with the recommendations established as a result of Internal or External Audits or any other type of internal evaluation. p. Incur acts of corruption, fraud, smuggling or any other crime typified in the current Penal Code. q. Take advantage of their status as an ARSA employee to obtain advantages of any kind foreign to the prerogatives inherent to the position they perform. r. Violate the computer policies established by ARSA regarding the use of systems, software, hardware or any other computer equipment, as well as passwords and codes. s. Seriously endanger the prestige and image of ARSA, as well as make public or private statements without authorization. t. Refuse to comply with orders related to their work and duties, emanating from the hierarchical superior. u. Dedicate themselves to work whose nature bears a relationship with the functions or powers of ARSA, whether during a period of leave or vacation or within and outside their working hours. v. Request or receive gifts, royalties or any other benefit from users or third parties, whether of an economic nature or not, whether requested by themselves or through another person. w. Attend work using indecorous clothing that is contrary to modesty and good customs and in general, fail to comply with the dress code standards established by the institution. x. Fail to comply with the provisions established in the Code of Ethics for Public Servants, Labor Code and other Laws of analogous application. y. Comply with the other prohibitions imposed by the present Regime, Labor Code, applicable Laws and other provisions inherent to the performance of their functions.

The following are minor infractions: a. Fail to attend work or abandon it during working hours, without just cause of impediment or without permission from their immediate supervisor. b. Fail to perform personally the work in the terms stipulated, fail to comply and disobey the orders and instructions that the Highest Authority, immediate supervisor or according to the established hierarchical order, issue to them in particular. c. Fail to execute their work themselves, with the greatest efficiency, care and diligence, in the time, place and conditions agreed upon. d. Fail to exercise care in goods, objects, machinery, materials or office utensils, provided that, in this latter case, there is no manifest intention to cause damage or the normal use is not affected as a result of the omission. e. Fail to observe good customs and exemplary conduct during service. f. Failure of the employee or official to comply with occupational protection and hygiene measures. g. Incur in involuntary error in the preparation of work, provided that there is no manifest negligence, inexcusable ignorance or lack of skill. h. Make improper comments about ARSA's activities and operations with persons outside it. i. Waste time during working hours dedicating themselves to matters foreign to the interest of the institution or remain to the detriment or delay of their work in offices other than those assigned. j. Fail to wear the uniform or identifying clothing assigned by the institution or use indecorous clothing, as well as fail to take care of their personal appearance. k. Place signs or notices on the facilities without prior authorization from the superior authorities. l. Any others that ARSA establishes.

The following are Less Serious Infractions: a. Incur in two (2) minor infractions that give rise to an equal number of warnings in a period of six (6) months. b. Act with negligence in the performance of their functions or fail to heed observations or instructions from their superiors, when this affects, as an immediate consequence, the efficiency, regularity or continuity of services. c. Foment anarchy or induce it among employees or officials of equal or lower category. d. Delay without just cause the prompt provision of the functions in their charge. e. Intentionally diminish the pace and efficiency of work. f. Use means of communication without authorization from the Highest Authority to publish articles or information related to the institution's service, attributing themselves the representation of the body; as well as attending or taking charge of matters unrelated to service during working hours. g. Fail to show due respect to superiors, subordinates or coworkers in the exercise of their functions. h. Provide false or inaccurate information about work that has been assigned to the employee or official. i. Incur in proven insubordination, with a tendency to evade compliance with any provision or an order from the hierarchical superior, provided that this affects the continuity, regularity or efficiency of services. j. Incur in acts of a private nature that affect the decorum of ARSA employees and officials, either individually or collectively, inside or outside the institution's facilities. k. Incur in lack of courtesy or attention to citizens. l. Cause or participate in conflicts between coworkers or with private persons within the workplace. m. Lose or permit the loss of files or documents entrusted to the employee or official, by negligence or inaccuracies in the information thereof at the time it is under their responsibility; except in cases of deliberate conduct or when there is bad faith or negligence, which shall constitute a serious infraction. n. Use vehicles, telephones or other work tools assigned by ARSA for private matters foreign to the interests of the Institution. o. Damage, destroy, remove or alter notices, communications and any other documentation of the Institution. p. The manifest and repeated refusal of the employee and official to adopt preventive measures or follow indicated procedures to prevent accidents or illnesses. q. Absence of two (2) consecutive or alternate days in the month without any justification. r. Failure to comply with the obligations instituted in the present regime. s. Incur in other infractions or omissions typified as such contrary to ethics and morals, that contravene the present regime, the good image, respect and institutional decorum. t. Any others that ARSA establishes.

The following constitute serious infractions: a. Incur more than once in any of the less serious infractions typified in the preceding article, within the period of six (6) months. b. Process documents that show irregularities. c. Incur in discussions or disorderly quarrels that take place in ARSA facilities between employees, private parties or against superior authorities. d. Fail to attend work for three (3) consecutive days or in an alternating manner within the period of one (1) month without justified cause. e. Manifestly fail to comply with the functions proper to the position or with orders from their superiors, affecting thereby the continuity, regularity or efficiency of services. f. Reveal or divulge information to which they have access by reason of their position. g. Use for personal benefit or that of third parties reserved or privileged information obtained from the exercise of the public function. h. Fail to comply with the provisions, procedures, deadlines and others established within the legal framework governing the actions of the public administration and particularly of ARSA and others provided for in this Regime, when their guilt, fraud or negligence is evident. i. Non-compliance, violation or recurrence of the obligations and prohibitions instituted in the present regime. j. Misappropriate, copy or reproduce without authorization any documentation or computer technology applications that is not for purposes proper to the work being performed. k. Fail to comply with file security and digital media standards. l. Introduce software in an unauthorized manner. m. Deny information or documentation that has been requested in accordance with Law, except in cases of a reserved or confidential nature indicated by the Laws. In this case, the prohibition existing must be indicated to the requestor. n. Commit fraud, disloyalty or abuse of trust in the assigned procedures or services, that harm ARSA or third parties with whom it has a relationship. o. Present themselves in a state of inebriation or under the effects of illicit drugs or in any other abnormal analogous condition in ARSA facilities or where they provide their services within the legally established working hours, as well as promote the use or sale of said narcotics. p. Perform acts that endanger their own safety, that of their coworkers, superiors or third parties, or that harm the movable or immovable property of ARSA. q. Intentionally diminish the pace of work execution, illegally suspend work, promote untimely work suspensions or incite their declaration and maintenance, whether they participate in it or not. r. Enter or carry weapons of any kind into ARSA facilities, except in cases where it is permitted by reason of their work. s. Fail to refrain from knowing of a matter when there is a conflict of interest in it. t. Any act of violence, insults, slander, sexual harassment, mistreatment or serious indiscipline, outside or within the institution committed by the employee and official to the detriment of their superiors, subordinates or coworkers, without there having been preceding immediate and sufficient provocation from the other party. u. Take advantage of the position they hold to obtain advantages of any kind or commit illegal acts. v. Use material, office equipment, movable and immovable property that was assigned for the performance of their duties for purposes proper to themselves or foreign to ARSA. w. Fail to attend with justified cause in whole or in part a training event or other delegation that was conferred upon them, for which they were duly summoned and having been provided with the conditions for their participation therein. x. Allow, demand, request or accept gifts, rewards, royalties, gratuities or benefits as compensation for the fulfillment of the functions of their position. y. Take out a loan or under any other form, money or goods of the institution, for personal benefit or that of third parties. z. Falsify documents. aa. The commission of three or more minor infractions within the period of one month. bb. Incur in other conduct or omissions typified as such that contravene the present regime, the good image, respect and institutional decorum. cc. Any others that ARSA establishes.

The infractions committed by employees and officials in the performance of their position shall be sanctioned in accordance with their severity, in compliance with what is established in the present regime. Disciplinary measures shall be of four types: a. Verbal warning. b. Written warning. c. Work suspension without pay for up to 8 calendar days. d. Dismissal.

When an employee and official commits acts that imply transgressions to the administrative provisions established by ARSA and the present regime, they shall be sanctioned as follows: a. For the first time a verbal warning, which shall be recorded in the employee's or official's file with their signature or, failing that, leaving a record of the reasons preventing them from signing. b. For the second time a written warning, which shall be recorded in the employee's or official's file with their signature or, failing that, leaving a record of the reasons preventing them from signing. c. For the third time work suspension without pay for up to 8 calendar days, which shall be recorded in the employee's or official's file with their signature or, failing that, leaving a record of the reasons preventing them from signing. d. For the fourth time dismissal shall proceed without labor responsibility for ARSA, which shall be recorded in the employee's or official's file with their signature or, failing that, leaving a record of the reasons preventing them from signing.

The sanction applied must be substantiated by evidence and be proportionate to the infraction and may be applied by the employee's or official's immediate superior or through whoever the President Commissioner delegates, and it must specifically detail the facts and reasons that motivate the sanction, and must send a copy to the employee's or official's personal file.

The infractions committed by an employee or official of ARSA in the performance of their position shall be sanctioned in accordance with their severity in compliance with those established in the present regime. Every disciplinary sanction shall aim at the reform of the employee's or official's conduct.

Every warning, work suspension and dismissal sanction may be applied once the respective investigations have been conducted, the observations or defenses of the employee or official have been heard and the pertinent evidence has been presented.

ARSA, through the Human Talent Sub-Management or the department that the Highest Authority delegates for the application of sanctions of suspension without pay or dismissal, shall notify by written summons to the employee or official to appear at the defense hearing, clearly indicating the infraction attributed to them. The same must be grounded in law and shall contain the place, date and time the hearing shall be held, which shall be in the domicile where the employee or official provides their service; the referred hearing has as its purpose to hear the defenses of the employee or official, as well as to present the evidence they may provide. In all cases, the presumption of innocence shall be respected. In case of the employee's refusal to sign the summons, a written record shall be left and the process shall continue.

The defense hearing must be held within a period no less than seven (7) business days counted from the day following the Summons, so that the employee or official may prepare the arguments that correspond, for purposes of exercising their right to defense and present their means of proof to overcome the infraction attributed to them.

When an employee or official of ARSA incurs in a cause of suspension without pay or dismissal and it is impossible to serve the summons referred to in Articles 109 and 110 of the present Regime, because they have absented themselves from their work or cannot be found at the registered domicile that appears in their file, the delegate of the Nominating Authority may continue with the procedure by proving such circumstance.

The ARSA employee or official who is summoned to a hearing to present his defense shall have the right to be accompanied by a witness, who shall attest that he was granted the right to defense while respecting due process. If for any reason he does not bring a witness, the Nominating Authority shall assign one to him, and everything stated shall be recorded in an official record, which must be signed by all those present on each of its pages; if any of these persons refuses to sign, such fact shall be noted in the same record.

The non-appearance of the ARSA employee or official, without just cause, at the scheduled defense hearing shall be understood as an act of default and ARSA shall continue with the corresponding disciplinary proceeding. Cases are excepted where there exists justified cause preventing appearance, such as illness, accident, bereavement, or other reasons of force majeure, which shall be evaluated by the Authority before whom the hearing is held; it is incumbent upon the employee or official to prove these circumstances with the pertinent evidence. In such circumstances, a new hearing shall be scheduled, with indication of place, date, and time.

If from the defenses formulated by the employee or official, including the evidence he provides, his innocence is established, it shall be declared as such and the proceedings shall be filed, with a note being made in the respective personnel file. However, when the defenses made or the evidence provided do not dispel responsibility, the disciplinary procedure shall continue until the corresponding sanction is imposed.

Once the disciplinary process is concluded within the legal term, formal notification of the applied sanction shall be given; whether this constitutes suspension of up to eight (8) calendar days without pay or, where applicable, dismissal for just cause. The sanction that is applied shall be in accordance with what is proven in the defense hearing and shall be proportional to the infraction.

If the fault entails administrative or civil responsibility, it shall be brought to the attention of the Superior Court of Accounts and, where applicable, the Office of the Attorney General of the Republic so that it may proceed in accordance with Law. If it entails criminal responsibility, the matter shall be communicated to the competent investigation bodies. CHAPTER XXII PRESCRIPTION OF DISCIPLINARY MEASURES

Prescription is a means of being freed from an obligation imposed by Law or this regime, or is a consequence of the application thereof, through the passage of a certain period of time.

The rights and actions of employees and officials to claim against acts that affect them shall prescribe within the term of sixty (60) business days, counted from the date on which they can be enforced; any other right or action that results from the Law shall prescribe in the same term; it is understood that such rights and actions may be enforced starting from the day following the corresponding notification. Notwithstanding, for the purposes of claiming against acts terminating the employment relationship, the provisions of Article one hundred eleven (111), in relation to one hundred five (105), of the Law of Administrative Contentious Jurisdiction shall be observed.

The rights and actions of the Nominating Authority to impose disciplinary measures on employees and officials shall prescribe within the term of thirty (30) business days, counted from the date on which said authority had knowledge of the respective infractions. CHAPTER XXIII SUSPENSION

An ARSA employee or official shall be suspended from the exercise of his office when he has been detained or imprisoned by resolution of the competent authority and while he does not obtain his freedom, observing the procedure in the following Article; for such purpose the corresponding personnel action shall be processed.

In the case of suspension because the employee or official is under the precautionary measure of preventive detention, he must give notice, personally or through a third party, to the Nominating Authority, within five (5) days following the start of his detention or imprisonment, and must return to work within two (2) days following the date on which he was released, plus the distance term, where applicable, retaining the same rights.

The non-compliance with any of these obligations or detention or imprisonment for a period greater than six (6) months shall give rise to the cancellation of the appointment agreement without responsibility for either party; a record of all actions taken must be made in the file.

During the time the employee or official is deprived of liberty, ARSA shall suspend ex officio the payments for salaries and other benefits.

ARSA is authorized to conduct intervention or inspection actions in its different Departments, Units, and Territorial Bodies. The personnel providing services in the aforementioned dependencies subject to intervention, inspection, or audits shall not perform their functions for the period such action lasts, for which reason the Human Resources Sub-Management shall notify the suspension in writing. During the action of intervention, inspection, or audit, the employee and official shall receive their salaries and benefits; in no case shall this type of suspension be understood as a disciplinary sanction. The suspension in this case may be up to forty-five (45) business days, and may be extended on a single occasion for double the time established by ARSA.

The personnel of the intervened dependencies shall be temporarily relocated to perform functions different from those of their position, according to their capacities and ARSA's needs.

If as a result of the intervention or subsequent investigation it is found that one or more employees and officials have incurred faults, the corresponding disciplinary procedure shall be followed. CHAPTER XXIV FINAL PROVISIONS

Everything not provided for in this regime shall be subject to supplementary application of the general principles of Administrative Procedure, International Conventions to which Honduras is a signatory, in the absence thereof, the norms of the Civil Procedural Code and other legal branches that are applicable according to their nature and purposes.

The Commissioner and President of ARSA shall approve the manuals, guides, instructions, and other documents complementary to the provisions of this regime, in the same manner, those that ARSA currently has approved shall be subject to review and, if necessary, to its approval.

All acts or stipulations that imply the waiver, diminution, or distortion of the rights that the Constitution of the Republic grants to employees and officials who provide service to ARSA are null ipso jure.

The Authorities of ARSA are obligated to give publicity to this Career Service Regime of employees and officials of the Health Surveillance Regulatory Agency of Honduras once it is approved, either by ordering the printing of copies thereof, or by posting it for viewing by employees and officials.

Employees and officials who at the date of approval of this regime work for ARSA are obligated to know and adopt it; furthermore, they retain their seniority and other acquired labor rights, in accordance with their employment modality.

This Administrative Career Regime of the Health Surveillance Regulatory Agency shall enter into force as of its date of publication in the Official Gazette "La Gaceta". Done in the city of Comayagüela, Municipality of the Central District, on the tenth day of the month of September in the year two thousand twenty-one (2021). DR. FRANCIS RAFAEL CONTRERAS R. Commissioner President ABG. DILCIA ANABEL MEDINA E. General Secretary