Agreement-DNII-RH-002-2019

This statute constitutes the set of mandatory regulations that govern the labor relationship between the National Directorate of Investigation and Intelligence (DNII) and all its members during their tenure therein, throughout the national territory and abroad.

For the purposes of application and interpretation of this Statute, the following concepts are defined:

• a)

  Abuse of Authority: Improper use of authority by a superior toward their subordinate.

• b)

  Abuse of Attributions: Exceeding the scope of professional functions causing serious harm to citizens, public or private entities, subordinates, or the Directorate.

• c)

  Human Resources Administration: It is the process through which activities related to the Human Resources of the DNII are planned, organized, coordinated, executed and controlled.

• d)

  Intelligence Agent: Personnel of the DNII who performs investigation and intelligence functions at all levels.

• e)

  Warning: A warning is a disciplinary measure used to correct minor infractions. It fundamentally seeks that the employee becomes aware of the infraction so that they change their conduct; at the same time it serves to warn them of the consequences that their infringing conduct entails.

• f)

  Verbal or written warning: It is imposed for commission of minor infractions with written record thereof in the employee's file.

• g)

  Seniority: Time accumulated in grade, position or assignment and establishes the order of precedence in promotions for purposes of promotions, appointments, retirements in accordance with the Law. Seniority in grade shall be established in accordance with merits in promotion for advancement. Within promotions, seniority is established according to the merit ranking: evaluation and annual assessment, during a period of five years.

• h)

  Promotion: It is the advancement to the next immediate grade within the DNII, and its purpose is to satisfy the needs of command and control of the institution.

• i)

  Aspiring agent: Honduran citizen who, after successfully passing trust tests, enters the Training School to achieve the status of agent. Foreigners who, by virtue of bilateral or multilateral agreement, enter to graduate as agents shall also have this status. Likewise, Hondurans who leave the country to study to graduate as agents in another country shall have this status.

• j)

  Scholarship: It is the economic aid, from the DNII Budget, that is provided to aspiring intelligence agents during their training period. For agents, the scholarship shall apply while their training abroad lasts.

• k)

  Investigation and Intelligence Career: It is the process of recruitment, tenure, initial and continuing training, training, professionalization, specialization and development of Intelligence agents that make up the DNII until the end of their service.

• l)

  Professional Capacity: It is the aptitude or sufficiency with which all DNII personnel performs their assigned functions in accordance with their category and professional performance.

• m)

  Training: It is the educational process through which DNII employees acquire diverse knowledge about the activities that the institution normally develops.

• n)

  Position: It is the designation of the function or inherent responsibility assigned to DNII personnel in accordance with their capacity, merits and seniority. o) Category: The placement of personnel according to the hierarchy within the DNII. p) Classification: It is the systematic ordering of DNII members in accordance with their training, specialization and ability. q) Individual Labor Contract for a Determined Period: It is the contract executed between the DNII and a natural person wherein the latter undertakes to execute a work or provide their personal services for a determined time in exchange for compensation. r) Dismissal: It is the disciplinary measure through which the DNII unilaterally terminates a contract or agreement with personnel. s) Payroll of DNII employees: It is the order and classification where the name, category, status, time of service, seniority and merit precedence of agents is registered. t) Evaluation: It is the process through which the performance of DNII personnel is measured in the fulfillment of their functions, evaluating their personal, technical, physical, intellectual and integrity qualities. u) Labor termination: It is the extinction for any cause of the labor relationship in a definitive manner between the parties. v) Training: Set of knowledge that gives a person the capacity and skills necessary to begin a profession and continue in it improving it through training. w) Grade: It is the title that expresses the hierarchy of DNII personnel within the organization. x) Contracting Board: Group of officials designated by the Directorate to fulfill in an ad hoc manner the final process of contracting for auxiliary and administrative personnel. y) Position payments: periodic remunerative allocations that, in accordance with current legislation, correspond due to the individual characteristics of employees and officials, circumstances of the position and function they perform: seniority, degree, risk, supervisory responsibilities, etc. z) Administrative Personnel: DNII personnel hired to perform administrative and auxiliary functions. aa) Merit precedence: It is the order that an employee occupies within their category for the distinctions obtained in the development of their professional career: recognitions, evaluation of their superiors and other qualifications that distinguish them from the rest of their promotion. bb) Certification Process: It is a series of tests whose main purpose is to certify the capacities of aspiring candidates to fulfill the responsibilities of the position to which they aspire. cc) Selection Process: It is the meticulous registration, analysis and decision through which the DNII gathers the required information and documentation of candidates to be part of the institution. dd) Trust Tests: It is the set of scientific and technical examinations to which DNII personnel are obligated to submit, as well as citizens who aspire to be part of the same. ee) Appointment: It is the designation of a DNII employee to hold a position by means of an agreement. ff) Reassignment: It is the appointment by agreement granted to DNII personnel or official, which indicates the new performance of functions and responsibilities in accordance with the needs of the DNII and the specialties of the official. gg) Reclassification: It is the legal action of transferring personnel from one category to another category for reasons of personnel optimization. hh) Voluntary resignation: It is the unilateral decision of DNII personnel that terminates their labor relationship voluntarily, notifying it within a period of fifteen (15) days in advance. ii) Retirement: It is the condition in which personnel finds itself upon ceasing in their position for completing their active service time or upon request after completing the minimum time of service. jj) Service: is the condition that puts an employee in the capacity to work for the DNII and its different units for a determined time, performing a variety of functions, namely: supervision or direction, coordination, conducting, administration, investigations, guard duty, shift agent, missions and other as determined by the institution. kk) Public servant: Any official or employee of State entities subject to this Regulation, including those who have been elected, appointed, selected, or hired to perform activities or functions in the name of the State or in its service, at all hierarchical levels. To such effect, the terms "official," "public official," "servant," "public servant," "employee," "public employee," "senior officials," "advisors," "ad honorem officials," any other term used to designate them are considered synonymous. ll) Separation from Service: It constitutes a measure that is applied automatically, without liability for the institution when an employee is convicted by a competent court of the Republic of Honduras for the commission of a crime. The final conviction sentence shall be attached to the personnel file. mm) Status: It is the condition in which DNII personnel finds itself throughout their career: active, suspended, separated, retired. nn) Suspension for commission of alleged crime: It is the legal condition in which a DNII employee finds themselves when subject to an investigation process for the commission of a crime, until there is a final sentence by the competent court. Upon being suspended for six (6) months, they shall be separated from the DNII, without liability for the same. oo) Suspension for infractions: It is a disciplinary measure applied to DNII personnel as a result of non-compliance with their labor obligations. It consists of temporary inability to work without salary for the duration thereof which may be imposed for up to eight (8) calendar days, according to the seriousness of the infraction committed or its recurrence. pp) Salary: It is the monthly compensation assigned to DNII personnel in accordance with their grade and position. qq) Operative Units: They are the units that make up the DNII organization, constituted to perform investigation and intelligence work. rr) Administrative Units: They are the units that make up the DNII organization, constituted to perform administrative work and procedures. ss) Time of Service: For Intelligence agents: It is the sum of time accumulated from its beginning decreed by their appointment agreement as an agent until their retirement. For auxiliary and administrative personnel: It is the sum of time accumulated from their entry to the DNII with an appointment agreement or contract for a determined time as auxiliary or administrative personnel until their retirement. tt) Transfer: It is when an employee is moved from one unit to another within the DNII or abroad.

In the fulfillment of intelligence functions, the following principles shall be observed in a strict manner at all times:

• a)

  Legality: Primacy of the Law as a fundamental principle of the Rule of Law, in accordance with which all investigation and intelligence activities shall be subject to the current legal system;

• b)

  Continuity: It is the uninterrupted sequence in the provision of service to society; as well as the stability of the members of the system, which strengthens the sense of belonging;

• c)

  Professionalism: Sum of values, knowledge, skills and aptitudes to carry out a specific activity, in accordance with the needs and rules established by member organisms of the National Intelligence System.

• d)

  Hierarchy: It is the order that exists among the officials of the Institution, in accordance with seniority in grade and position, which grants faculties and attributions to the superior and obedience from the subordinate.

• e)

  Discipline: It is prompt, spontaneous and strict obedience to the legal norms established, which allow the development and fulfillment of objectives and goals. In no case shall this principle be applied when an order implies the commission of a crime or infraction;

• f)

  Ethics: It constitutes the values, duties and virtues that allow the organisms of the National Intelligence System and all DNII officials to adopt decisions and determine transparent and appropriate behavior.

• g)

  Impartiality: Application of rules based on objective criteria, without prejudices of any kind.

The employees and officials of the DNII are "Public Servants" committed to the fulfillment of their functions for the defense and security of the State, governed by this Statute framed in the National Intelligence Law.

The duties of the employees of the National Directorate of Investigation and Intelligence are:

• a)

  Comply with and enforce the Constitution of the Republic and current laws.

• b)

  Perform the positions, functions and service missions for which they have been hired or appointed with the dedication and efficiency required by the nature thereof.

• c)

  Submit to the performance evaluations that are conducted annually to verify the individual work of each official.

• d)

  Submit to the different training and development courses of the DNII to opt for the promotions established in the Intelligence Agent career.

• e)

  Submit to the trust tests in the period of six (6) months to one (1) year, to certify the suitability of their actions. The Trust Tests to which DNII personnel must submit are: Polygraph Test, psychometric examination, physical medical examination, toxicological test, socioeconomic study and other tests as may be established.

• f)

  Comply with the orders and instructions issued by their superiors and execute the additional tasks legally assigned to them.

• g)

  Comply with the compartmentalization of information to which they have access, based on the legal norm of the "right to know" and maintain the confidentiality of their functions and the secrecy required regarding matters related to their work.

• h)

  Respect Human Rights in the performance and execution of their duties.

• i)

  Answer the call of their superiors on non-business days and hours when for reasons of national interest or security or reasons of service their presence is required.

• j)

  Comply with all provisions established by the DNII.

• k)

  Assume the position assigned to them anywhere in the national territory or abroad; strict compliance with this provision being mandatory.

• l)

  Integrate into the work commissions to which they are assigned.

• m)

  Take responsibility for all human, material and financial resources assigned to them. With regard to human resources, they shall be responsible for coordinating assigned work, supervising its completion and ensuring that employees enjoy an environment with the necessary means for their performance and safety standards; with respect to material assets, they shall be in charge of their preservation and care as far as the useful life of said asset permits; as for financial resources, they must be executed and liquidated in accordance with what is established by the Finance Secretary.

• n)

  Sign a service commitment contract when becoming entitled to a study scholarship.

The employees of the National Directorate of Investigation and Intelligence are prohibited from:

• a)

  Participating in proselytizing activities of political parties.

• b)

  Developing activities of political espionage.

• c)

  Disseminating any type of classified information in the course of their professional activity and even when they cease in their service.

• d)

  Executing any activity that threatens the life, honor and assets of persons.

• e)

  Use of DNII means and resources for private use.

• f)

  Utilization of technical capabilities acquired in the DNII to be employed in favor of private individuals or for personal benefit.

• g)

  Accepting or requesting monetary commissions in public or private bids, direct contracting and in the purchase of materials and equipment in general.

• h)

  Forming unions within the DNII.

• i)

  Personnel who resign, are suspended or dismissed may not work under any circumstance in the DNII again.

The Intelligence Agent graduated from national or foreign Intelligence Schools must have a set of physical and technical abilities and skills; adaptation to various types of environment, motivation, knowledge, attitude and aptitude in the field of intelligence that develops during the course of the career.

Administrative personnel must possess a set of professional and technical abilities and skills inherent to their profession and position to be held, added to the motivation of belonging to the DNII.

Within the organic structure of the DNII, the Human Resources Division is the executing body of the labor regime contained in this Regulation.

For the purposes of this Regulation, the following shall be considered functions of Human Resources Administration: a) Recruitment. b) Classification. c) Reclassification. d) Training. e) Appointment. f) Time of service. g) Promotion. h) Assignment. i) Evaluation. j) Reassignment. k) Transfer. l) Retirement. m) Hierarchy. n) Suspension. o) Separation. p) Personnel Services and related areas. q) Other matters relating to Human Resources administration.

To be part of the organization of the DNII, one must pass the respective evaluation and selection process for candidates.

The basic requirements to work at the DNII shall be the following:

• a)

  Be Honduran by birth of both Honduran parents by birth.

• b)

  Be in full enjoyment of their citizen rights.

• c)

  Prove good conduct and meet the other requirements that are demanded in the convocation documents.

• d)

  Pass satisfactorily all selective processes established by the National Directorate.

• e)

  Administrative Personnel must be a professional in the area to be performed. For the Intelligence Agent, in addition to the previous requirements:

• f)

  Be older than 21 up to 25 years of age completed.

• g)

  Be a university professional.

The Human Resources Division shall be responsible for maintaining a data bank containing the curricula submitted by applicants, who will be called to take the tests of the selection process according to internal needs.

The results of the trust tests shall have the category of CONFIDENTIAL and shall be kept with adequate security.

In the case of applicants for investigation and intelligence agents, once the trust tests have been satisfactorily completed, they must undergo training at the National Intelligence School. A special regulation will govern their relationship and training at the EIN.

For applicants to administrative positions, once the trust tests have been passed, the head of the Human Resources Division shall convene the Hiring Board to interview the applicants and inform them of the functions to be performed, the salary to be earned, the labor and social benefits.

The employment relationship under any current contracting modality obligates the employee to provide their personal services exclusively, under the continuous dependence and subordination of the DNII, through a monthly remuneration, except in cases of health and teaching established by Law. Given the legal nature of the DNII, continuous dependence or subordination shall be understood as the obligation that its employees have to comply with the different orders emanating from superiors and to submit to their directives in everything concerning work, provided that these do not imply the commission of an unlawful act.

DNII personnel selected to enjoy a scholarship abroad must sign a Training Agreement, committing that upon its completion, they are obligated to work for double the time that the scholarship lasts to compensate for its costs, otherwise they must make effective the total value plus the bank interest of the cost that the DNII has incurred in their training.

The Training Contract for applicants to intelligence agents shall be for a minimum period of one year (1), during which time their aptitudes, acquired knowledge and attitude toward the career will be evaluated; at the end of the same, they will be granted the appointment agreement and will be exempt from the probationary period.

Every Training Contract must include the following conditions:

• a)

  Name and general information of the contracting parties.

• b)

  Responsibilities of the parties.

• c)

  Scholarship to be received.

• d)

  Validity of the contract.

• e)

  Duration of the training workday.

• f)

  Professional practice period, according to the position to be performed.

• g)

  Confidentiality clause.

• h)

  Causes for termination of the contract.

• i)

  Penalty clause.

• j)

  Clause for regulation and interpretation in case of disputes.

• k)

  Place and date of the contract.

• l)

  Signature of the contracting parties.

The Trial Period shall last two (2) months and shall serve for the institution to assess the aptitudes of the personnel and for the latter to evaluate the convenience regarding working conditions.

The Trial Period shall be paid; during this period either party may terminate the employment relationship with just cause or without it, without incurring any liability. CHAPTER IV CLASSIFICATION

DNII employees are classified as: a) Investigation and Intelligence Agent. b) Auxiliary and Administrative Personnel. CHAPTER V CATEGORY

The categorization of Intelligence Agents shall comprise the ranks in the following Hierarchical scale: a) Senior Level Intelligence Agent, whose function is planning, organization, direction and coordination. 1) Senior Intelligence Officer I. 2) Senior Intelligence Officer II b) Subaltern Level Intelligence Agent, whose function is leadership and supervision in intermediate commands. 1) Intelligence Officer I 2) Intelligence Officer II c) Operational Level Intelligence Agent, whose function is execution. 1) Intelligence Agent I 2) Intelligence Agent II 3) Intelligence Agent III

The categorization of Auxiliary and Administrative Personnel shall be of the following Hierarchical scale: a) Subaltern Level Administration Personnel 1) Service Assistant 2) Service Assistant II b) Medium Level Administration Personnel 1) Administrative I 2) Administrative II 3) Administrative III 4) Administrative IV 5) Administrative V c) Senior Level Administration Personnel 1) Administrative VI 2) Administrative VII

The Position and Salary Classification Manual shall establish the provisions that regulate the categories and scales of employees, as well as the attributions of the positions, always considering the public interest and the functions attributed to the National Directorate. CHAPTER VI RECLASSIFICATION

DNII personnel with the category of Intelligence Agents or Administrative Personnel may be reclassified according to necessity or contingency with the authorization of the National Directorate. In the case of physical disability, with prior opinion from the Committee to Declare Temporary or Permanent Incapacity (COPI). CHAPTER VII TRAINING

DNII personnel shall receive an induction upon entering the institution and shall be trained and instructed according to the work they perform on a continuous basis to maintain their proficiency. CHAPTER VIII APPOINTMENTS

Internal appointments of personnel shall be upon proposal of the Division Chiefs in accordance with the structure and needs of the DNII and authorized by the National Director.

The internal organization of the Divisions and special units shall be in accordance with the structure duly authorized by the National Directorate.

DNII personnel may be appointed to perform additional tasks on an ad honorem basis temporarily without detriment to the performance of their main duties. These additional tasks shall be mandatory to fulfill.

All DNII personnel are obliged to assume the new position at the moment of receiving notification of the appointment agreement on the indicated date, otherwise the corresponding administrative liabilities shall be deducted from them.

All DNII personnel upon receiving a position with an executive or operations appointment with responsibility for personnel, assets, area or with a high level of risk, shall receive payment for the position while they perform it in accordance with the established Table.

Service time shall be computed as follows: a) Active members of the Armed Forces and National Police who, prior to becoming part of DNII, pass the selection process, must resign from their respective institutions and shall become part of the DNII structure permanently, retaining their acquired rights, protected under Article 28 of the National Intelligence Law. b) Intelligence agents and administrative personnel: from their appointment by agreement or start of their contract until the date of their retirement.

Applicants for Intelligence Agent who satisfactorily meet the requirements required by the National Investigation and Intelligence Directorate shall be appointed as Intelligence Agents.

In order to be promoted to the next immediate rank within the DNII hierarchy, it is necessary that the vacancy exists, to meet the requirements established in the National Intelligence Law, Personnel and Promotion Regulations, taking into consideration seniority in rank.

The DNII Intelligence Agent in the process of promotion who is required in a judicial proceeding shall be excluded from the list of candidates to be promoted to a higher rank that year. If the judicial proceeding is resolved favorably, he must present a request to his superiors to be included in the promotion process of the year in which his legal situation is resolved.

The intelligence agent must mandatorily meet all requirements to achieve his promotion. Upon failing the first process, he shall be given an opportunity in the following year, subject to meeting the requirements. Upon not being promoted, he may remain in the institution for ten more years, with the last salary.

DNII personnel shall receive their assignment agreement to the Division or Unit for which they are found to be suitable, subject to compliance with the requirements established in this regulation.

The assignment period for operational personnel in offices established at the national or international level shall be a maximum of three (3) years and a minimum of one (1) year. The Chief of Division or Unit may authorize the extension of assignment for a period of up to one (1) year.

Intelligence agents of the DNII, during the course of their career, may be assigned on repeated occasions to the different offices of the Directorate at the national or international level.

Evaluations of DNII personnel shall be conducted in writing annually, in accordance with what is established by the National Directorate, with the Heads of Divisions and Units being responsible for said evaluation in an objective and professional manner.

Personnel who are on mission as liaisons abroad shall be evaluated by the head of the Department of International Relations and Strategic Communications, based on results and reports of their performance in said mission.

In coordination with the Head of Operations and in accordance with the needs of the service, upon request of the Heads of Divisions or Units, transfers of DNII operational personnel between Divisions or Units may be authorized, according to specialties, capacity and experience.

The following shall be causes or conditions for terminating the employment relationship:

• a)

  For failure to meet the minimum requirements during the probationary period (Art. 21 and 22);

• b)

  For voluntary resignation;

• c)

  For commission of a very serious fault or recurrence of a serious fault, investigated and proven by the competent Division within the DNII;

• d)

  For reaching ten (10) years in the same rank;

• e)

  By mutual agreement;

• f)

  For voluntary retirement after twenty-five (25) years of service and contributions to the IPM;

• g)

  For retirement upon completion of the regulatory time of thirty-five (35) years of service;

• h)

  For permanent disability; and,

• i)

  For death.

The rights of DNII employees are:

• a)

  Job stability.

• b)

  Regular and complete payment of their remuneration;

• c)

  The benefits in accordance with the IPM Law and the Medical and Hospital Services Provision Regulation.

• d)

  Freedom of worship and religion.

• e)

  Permits, leaves and vacations in accordance with the following table: (

  • 1)

    Permit: The absence of the requesting personnel from their work position, for a term of up to forty-eight (48) hours, which is authorized by the Head of Division. (

  • 2)

    Extraordinary Permit: The absence of the requesting personnel from their work position, for a term of up to one hundred twenty (120) hours, which is authorized by the Human Resources Division upon request of the corresponding chief. (

  • 3)

    Leave: The absence of the requesting personnel from their work position, for more than five (5) days up to thirty (30) days with salary, in very special circumstances and duly justified; These being authorized by the National Director. (

  • 4)

    Extraordinary Leave: The absence of the requesting personnel from their work position, for more than thirty-one (31) days up to two (2) years without salary, in very special circumstances and duly justified; These being authorized by the National Director. (

  • 5)

    Vacation: The absence of personnel from their work position, from ten (10) days up to a term of thirty (30) business days, with the approval of the Head of Division and authorized by the Human Resources Division, in accordance with seniority and established schedules. For reasons of service, DNII personnel vacations may be accumulated up to two (2) periods. In any case, employees shall always enjoy payment of vacations each year. All DNII personnel shall enjoy vacations in accordance with the following table:

• f)

  Payment of the thirteenth month of salary as a bonus g) Payment of the fourteenth month of salary as social compensation h) Assignment to positions in accordance with their category, to the DNII personnel scale, provided that there is a vacancy prior verification of their efficiency and merits through competitive examination and in accordance with the budget. i) Equal opportunity, treatment and salary within the category in which they are found. j) To lodge administrative remedies established in the Law of Administrative Procedures, when they consider that a right stipulated in this regulation has been violated against them. k) Specialized and technical education at its different levels, when operational and administrative needs so require and is contemplated in the study plans established by the Educational Division for DNII members, as well as the availability of scholarships that friendly countries may offer. l) Freely practice their profession or trade in the areas of health and teaching provided that they are carried out outside their regular work hours and when such practice does not affect their job performance and does not contradict the interests of the institution. m) Non-discrimination on the basis of racial, ethnic, gender, religious origin, or disability acquired as a result of the performance of their duties. n) Respect for their dignity at work. o) Access to social assistance programs promoted by the National Directorate. p) To be attended to by the Head of Division to which they belong or other higher instances, following the chain of command, to address personal matters with confidential nature. q) To be attended to in the Human Resources Division in cases of consultation and technical labor advice, following the respective chain of command. In cases of abuse of authority or denial of rights, one may go to the immediately higher instance. r) Payment for indemnification of labor rights in those proven cases in which they were unjustly dismissed, as established in the corresponding Law or by mutual agreement. s) DNII personnel working in the operational area, when applicable, shall have the right to obtain the protection, legal assistance and support established in the special agents program and other participants in the National Intelligence System. t) To present against resolutions for sanctions the remedies of Reconsideration and appeal in accordance with what is established in the Law of Administrative Contention.

DNII personnel and their immediate family nucleus (spouse and children, on a percentage basis) shall have the right to medical and hospital assistance, throughout the country, by the Health Services that the State has.

DNII personnel must register their family nucleus with the hospital centers that have agreements with them. The Human Resources Division shall maintain a Liaison Office, which shall provide assistance in affiliation procedures, medical care and shall be available during business hours and days.

Prior to using the medical hospital system, DNII personnel shall be attended to by the doctors of the Medical Department of the Institution. In cases of medical emergency, immediate use shall be made of the medical system with which there is an agreement.

DNII personnel who pass away may receive funeral services provided by the San Miguel Arcángel Funeral Home (FUSAMI) and other funeral homes with which it has agreements throughout the country, the amount of said benefit shall be determined in accordance with the special regulation that for such purposes establishes the IPM. Those who incur funeral expenses and other funeral services caused by the death of DNII personnel affiliated with the Special Risk Regime of the IPM shall have the right to this benefit.

All personnel of the DNII shall enjoy the benefits (allowances and services) by contributing to the IPM under the IPM Special Risks Regime. CHAPTER II RELIGIOUS, SPORTS, SOCIAL AND CULTURAL ACTIVITIES

Religious Activities: The DNII guarantees freedom of worship, without preeminence and without prejudice to the fulfillment of duty. To carry out any religious activity, the corresponding authorization must be requested.

Sports Activities: The DNII through the Human Resources Division, Operational Divisions and Units, promotes sports activities in a variety of disciplines, to strengthen the morale and physical fitness of personnel.

Social Activities: The DNII through the Human Resources Division, Operational Divisions and Units, promotes social and cultural activities that foster esprit de corps among personnel. Personnel participating in social activities must observe behavior in accordance with discipline and social norms. CHAPTER III SAFETY AND HYGIENE

All DNII personnel shall be provided with the equipment, materials and tools necessary to carry out their activities, maintaining at all times the necessary safety measures to safeguard their physical integrity.

All DNII facilities shall have the measures, indications and equipment established by national and international safety and hygiene standards in accordance with the activities carried out by personnel. CHAPTER IV WORKING HOURS AND ATTENDANCE CONTROL

For operational personnel, work schedules shall be subject to compliance with the requirements or tasks assigned by their respective supervisors.

For administrative personnel, a schedule is established from Monday to Friday, from 07:30 to 17:00 hours, without detriment to the internal service established by the Heads of Divisions and Units. During non-working hours and weekends, if their presence is required for work matters, administrative personnel shall be obligated to respond to the call of their respective supervisors, with prior written authorization from the Human Resources Division.

Within the schedule established as the daily administrative workday, there shall be one hour of rest for lunch.

All DNII personnel shall enjoy the holidays authorized by law on a staggered basis, in groups that do not exceed 50% of the operational and administrative capacity.

For the control of entry and exit of work activities, each Division or Unit Head shall have their own system of control and registration of entry and exit.

No administrative personnel are authorized to remain in work offices outside of working hours, except when the Division or Unit head orders it, with prior authorization from the Human Resources Division.

When a DNII employee has delays or problems presenting themselves to work, they must immediately inform their supervisor of the reason for their absence, requesting the respective permit. CHAPTER V PERSONNEL FILE

The Human Resources Division shall maintain the files of DNII personnel in a special area, with restricted access and under the custody and supervision of an employee of that Division designated for that purpose.

The DNII personnel in charge of the HR filing section who have custody of the documents contained in personnel files shall maintain a detailed record of all documentation contained in each file; prior to filing, the documentation shall be paginated and registered in a database.

It is the obligation of all DNII personnel to ensure and keep their file updated in the Human Resources Division; DNII personnel to whom the file belongs may request its review or a copy of a specific document, under supervision.

All documentation contained in any legal proceeding to which DNII personnel has been subjected shall be introduced into their file and may not be extracted by the personnel in question. DNII personnel who fraudulently extract or introduce documents from their file shall be subjected to

Discharge Hearing and sanctioned in accordance with this Statute. CHAPTER VI DECORATIONS AND DISTINCTIONS

Decorations and distinctions to institutions, national authorities, DNII personnel and foreign officials and institutions are granted in order to recognize the relevant services and contributions provided to the DNII and the country.

Decorations and distinctions for DNII personnel shall be granted by the National Director, at the request of the Division and Unit Heads, following analysis and recommendation of the Decorations and Distinctions Committee. Decorations and distinctions for foreign personnel shall be made at the request of the head of the DNII International Relations Department or by order of the National Director.

The regulations on decorations and distinctions shall establish who shall form part of the Decorations and Distinctions Committee; likewise the conditions and requirements for their granting. TITLE VI OF THE DISCIPLINARY REGIME CHAPTER I DISCIPLINE AND MORALITY

It is the responsibility of all Division Chiefs and Unit Heads of the DNII to maintain and promote the discipline and morale of DNII personnel under their administration. The Disciplinary Regulations contain the procedures for the application of this Title.

The Sanctions Commission for Infractions (CSF) is created as an ad hoc body and shall be responsible for hearing and sanctioning serious and very serious infractions committed by employees, being convened by the Human Resources Division. The CSF shall be composed as follows:

• a)

  By the head of the Human Resources Division, who shall coordinate it.

• b)

  The Representative of the General Secretary's Office.

• c)

  The Head of the Discipline Department of Law and Order in the capacity of Secretary.

It is the obligation of DNII personnel to safeguard the good reputation of the Institution, complying with professional, ethical and moral principles.

The DNII, through the Human Resources Division, shall apply the Disciplinary Regulations to employees who incur duly proven infractions.

Disciplinary measures are classified into four types:

• a)

  Verbal warning in private;

• b)

  Written warning;

• c)

  Suspension from work without pay from one to eight (8) days;

• d)

  Dismissal. Each of the measures cited above, when applied, shall be included in the file of the sanctioned employee and shall be considered for granting distinctions, promotions and assignments.

Infractions are actions or omissions in violation of their obligations in which DNII personnel incur and which do not reach the category of crime.

Infractions are classified as:

• a)

  Minor Infractions.

• b)

  Serious Infractions.

• c)

  Very Serious Infractions. The commission of a Very Serious Infraction constitutes grounds for dismissal after a hearing in defense.

The sanction for infractions is subject to a statute of limitations as of the report issued by the immediate supervisor of the alleged offending employee in the following terms: a) Minor Infractions within 30 calendar days. b) Serious Infractions within 45 working days c) Very Serious Infractions within 60 working days. In cases of subsection c) the statute of limitations for the sanction begins as of the date of notification of the citation for the hearing in defense.

Minor infractions shall be heard and sanctioned, where applicable, by the Division Chiefs and Unit Heads of the DNII respectively.

The DNII, through the Human Resources Division, in order to sanction Serious and Very Serious Infractions committed by personnel, shall convene the Sanctions Commission for Infractions (CSF).

The commission of crimes by members of the DNII shall not be heard by the CSF, but shall be reported to the competent authorities.

Personnel of the DNII who have been dismissed cannot be employed again under any circumstances in the Institution. CHAPTER II SUSPENSION

Personnel of the DNII who have been detained and imprisoned by resolution of the competent authority for the commission or suspicion of having committed a crime shall be suspended from their position without salary while the investigation lasts. Suspension with salary applies during the investigation process when a DNII employee is accused of committing a "serious or very serious misconduct." The investigation shall be conducted by the responsible Division and if the misconduct is proven, the corresponding sanction shall be applied.

Personnel of the DNII who have been suspended for six (6) months without a sentence having been issued shall be separated from their position within the DNII without any liability of the same. If within that period an acquittal sentence is issued, the employee shall be reinstated to their position without payment of salary for the time they were suspended. CHAPTER III GROUNDS FOR DISMISSAL

Personnel of the DNII who are declared guilty by competent tribunal of the commission of a crime shall be dismissed from the institution without liability of the DNII. The conviction order of the competent court shall be attached to their personal file.

Personnel of the DNII who commit very serious misconduct stipulated in the Discipline Regulation.

Personnel of the DNII who reoffend in the commission of serious misconduct within less than six (6) months.

Administrative personnel of the DNII who abandon their position during two (2) consecutive business days or three alternating days per month without justified cause. Operational personnel of the DNII who abandon their position during three (3) consecutive business days or five alternating days per month without justified cause.

Personnel of the DNII who demonstrate manifest inability or inefficiency, accredited by annual performance evaluation and do not overcome this condition when re-evaluated within two months thereafter.

Dismissals made to DNII employees for any of the causes stipulated above are considered justified and without any liability for the DNII when the defense procedure has been exhausted and a final resolution is issued. TITLE VII OF SPECIAL, TRANSITIONAL PROVISIONS AND VALIDITY CHAPTER I SPECIAL PROVISIONS

Cases not foreseen in this Statute and other complementary or related provisions shall be governed in a supplementary manner by the provisions contained in the current National Laws regarding labor matters.

Active members of the Armed Forces and National Police, while assigned to the DNII, shall respond hierarchically to the commands and hierarchical structure thereof.

DNII personnel may not leave the country without having submitted a departure request to the competent authority at least ten (10) days in advance.

The following rules form an integral part of this Statute and shall enter into force upon its publication: The Agent Career, Promotions and Advancement, Disciplinary Regulations, Ethics, Distinctions and Decorations and others that may be authorized by the National Directorate. TRANSITORY PROVISIONS

Personnel from the Armed Forces and National Police assigned to the DNII, who make up the ranks of special units of a transitory and operational nature, shall be governed by this Statute regarding their administrative management, operational deployment and medical services. The commission of infractions and crimes by this personnel shall be known by the corresponding jurisdictions of their institutions.

Only in exceptional cases and according to the needs of the DNII shall university interns be hired, and they must comply with all personnel selection processes. EFFECTIVE DATE

This Statute shall enter into force as of the day of its publication in the Official Gazette La Gaceta. Given in the city of Tegucigalpa, municipality of the Central District, on the 18th day of the month of October of the year 2019. _____________________ CARLOS ALDANA ZELAYA NATIONAL DIRECTOR NATIONAL DIRECTORATE OF INVESTIGATION AND INTELLIGENCE ___________________________________ GUILLERMO THUMANN CONDE GENERAL SECRETARY NATIONAL DIRECTORATE OF INVESTIGATION AND INTELLIGENCE