Labor Statute of Officials and Employees of the Institute for Access to Public Information

It is the responsibility of the Human Resources Sub-management to select eligible candidates to fill positions in the Institute, in accordance with the provisions of this chapter and the Position Classification Manual.

In order to develop administrative career in the Institute, vacant positions shall be subject to internal or external competition, as appropriate.

Internal competition shall be conducted as follows:

• a)

  The Human Resources Sub-management shall publish an announcement regarding the vacant position in a visible place within the institution;

• b)

  Candidates shall be evaluated with respect to their performance, capacity and personnel file record, in accordance with the requirements established for the position;

• c)

  Pre-selected candidates shall be subjected to the selection tests established in the respective Manual;

• d)

  The Human Resources Sub-management shall present to the Plenary of the Institute the results of the selection process, including the opinion of the Immediate Superior;

• e)

  The Plenary of the Institute shall order the issuance of the promotion or transfer agreement as appropriate. The Position Classification Manual shall contain a list of all classes that must be subject to competition through examination opposition or background opposition.

If internal competition does not allow for recruitment of personnel, external competition shall be used as follows:

• a)

  The Human Resources Sub-management shall publish an announcement regarding the vacant position and at the same time shall seek candidates from the data bank maintained by that Sub-management;

• b)

  Candidates shall be evaluated with respect to their merits, capacity, academic preparation, knowledge, experience and honorability, in accordance with the requirements for the position;

• c)

  Pre-selected candidates shall be interviewed and subjected to psychometric evaluations to assess their personality, attitudes and aptitudes, as well as home investigations, employment investigations, references from acquaintances and other means deemed convenient;

• d)

  The Human Resources Sub-management shall present to the Plenary of the Institute the results of the Selection process through a list in descending order of qualification on a scale of one hundred to zero; the minimum acceptable percentage being seventy percent;

• e)

  The Plenary of the Institute shall order the issuance of the corresponding appointment agreement.

In order for a candidate selected to join the Institute to be considered a regular employee, it is necessary that he or she successfully complete a probationary period of 60 days, counted from the date on which he or she took possession of the position.

The Plenary of the Institute and in accordance with the evaluation performed on the employee during the probationary period, shall order the appointment when the properly justified report is favorable to the appointment. In no case may an appointment be made without the respective evaluation.

Emergency hiring may be carried out for reasons of force majeure when situations arise whose occurrence cannot be known or foreseen in advance. Such hiring shall be authorized by the Plenary of the Institute by unanimity, or failing that by majority vote, and the same shall not exceed sixty days as to the validity of the corresponding contract, which shall be executed through the Human Resources Sub-management. CHAPTER VI REQUIREMENTS FOR ADMISSION TO THE SERVICE OF THE INSTITUTE FOR ACCESS TO PUBLIC INFORMATION

To be admitted to the Service of the Institute, the following are required:

• a)

  To be of Honduran nationality, over 18 years of age. To be in the enjoyment of civil rights;

• b)

  To possess moral and intellectual aptitude for the performance of the position;

• c)

  To meet the requirements established by the Position Classification Manual for the class of position in question;

• d)

  To demonstrate suitability by passing the tests, examinations or competitions that are established;

• e)

  To fill out an employment application form;

• f)

  To accredit good health by means of the corresponding certification, said examination must have been conducted within the three months prior to the date of notification of having been selected to occupy a vacant position;

• g)

  To present a properly updated curriculum vitae;

• h)

  To present written references from previous or personal employment if he or she has not worked. In both cases, the address and telephone number shall be indicated;

• i)

  To present a certificate or certification of having no criminal record;

• j)

  To present original and photocopy of identity card, National Tax Registry, in cases where applicable, IHSS card and INJUPEMP card for those registered in these two institutions;

• k)

  To accredit University Degree and professional association card in cases that warrant it;

• l)

  To present the Bond in cases where it is mandatory due to the responsibilities of the position;

• m)

  To have obtained the respective appointment;

• n)

  To have successfully completed the established probationary period.

The following persons may not be appointed to any position in the Institute in any capacity:

• a)

  Those who are under civil interdiction;

• b)

  Those who are suspended in the practice of their profession, when the same is a requirement for the position;

• c)

  Those who have been dismissed from the Institute or from any office of the public sector for having committed serious infractions;

• d)

  Persons with respect to whom there is the conviction that they do not maintain a public and private life compatible with the dignity of the position;

• e)

  Those who suffer from mental or behavioral disorder that compromises the capacity necessary for the proper performance of the position;

• f)

  Relatives within the fourth degree of consanguinity and second degree of affinity of any official or employee of the Institute;

• g)

  Those who according to Law are disqualified from working in the Institute;

• h)

  Those who have been convicted of a crime of intent;

• i)

  Those who have been convicted of the crimes of treason, violation of duties, infidelity in the custody of documents, usurpation of functions, illegal exactions, bribery, illicit enrichment, misappropriation of public funds, fraud, falsification of public documents, murder and other crimes against the patrimony of the State.

The Institute through the Human Resources Sub-management shall provide its employees with an identification card, indicating their status as an employee. This card shall be delivered for the first time to the employee at no cost, within 15 days following the completion of the probationary period. The employee is obligated to return it upon termination of his or her employment relationship.

It is the obligation of all employees to carry their employee ID card while they remain in the Institute's facilities, and if it is lost, they must immediately report it to the Human Resources Sub-management so that it can be reissued to them, which will be deducted from their next salary. CHAPTER VII PROMOTIONS, TRANSFERS AND ADVANCEMENTS

PROMOTIONS.- A promotion is considered to be the advancement of an employee or official to a position of higher rank, in accordance with the Position Classification Manual.

Promotions shall be carried out through competitive examinations and fitness tests conducted by the Human Resources Sub-management, upon prior request that interested parties must submit within five days following the date on which the notice of vacancies is issued.

Regular employees shall have the right to take a promotion examination provided they meet the education and experience requirements established in the Position Classification Manual and can demonstrate a seniority of no less than six months in the performance of their current position.

Every regular employee promoted must pass the probationary period in the new position, in accordance with what is established in the Position Manual. If they do not pass it, said promotion shall have no value or effect, and they shall retain the right to return to their former position; however, they may not take a competitive examination to apply for other positions for a period of six months, counted from the date of completion of the probationary period that they did not pass. The time that the probationary period lasts shall not interrupt the continuity of the employment relationship for the promoted employee.

Every regular employee promoted shall have the right to receive a salary increase in accordance with the current salary structure. If there is no financial availability to implement said increase, the corresponding adjustments shall be made with the objective of fulfilling and guaranteeing this right.

TRANSFERS.- The Human Resources Sub-management may, with prior authorization from the Plenary of Commissioners of the Institute, transfer regular employees from one position to another of the same class and salary level, in the same or different unit; when the transfer involves a change of domicile, prior authorization from the employee shall also be required.

ADVANCEMENTS.- When a vacancy occurs in one of the positions of trust listed in article 5 of this Statute, it may be filled by one of the employees or officials working within the institution, provided they meet the fitness requirements to perform in such position, using the advancement modality for this purpose, which shall be subject only to the discretion of the Plenary of Commissioners, without the rules established for appointments by promotion being applied. CHAPTER VIII PERFORMANCE EVALUATION

The Human Resources Sub-management shall establish a Performance Evaluation System for the periodic purpose of providing feedback to the employee on their performance and obtaining greater efficiency; for this purpose, it shall prepare a Performance Evaluation Manual that shall be the technical instrument to be applied to the officials and employees of the Institute.

For the purposes of the previous article, the application of the aforementioned System must be adapted to the nature of each class of position, and the evaluation must be conducted at least once a year.

The Human Resources Sub-Management shall be responsible for preparing, supplying, and sending service evaluation forms, attaching the instruction manual that will indicate the purposes and objectives pursued by the system, as well as the methodology to be used. Said instruments shall be sent to that personnel who have management or supervisory responsibility. The Human Resources Sub-Management shall determine the period and deadline to be used annually for evaluations.

The annual evaluation of each employee shall be incorporated into their personal file, and the rating shall be the determining factor for granting incentives such as: promotions, salary increases, transfers, leaves, training programs, and other analogous benefits.

To resolve disputes arising from the application of the Performance Evaluation System, a commission established in the respective Manual must be registered. Decisions shall be made by simple majority. CHAPTER IX DUTIES, PROHIBITIONS AND RIGHTS Article 41.- DUTIES.- The officials and employees of the Institute shall have the following duties: a) To observe, at all times and places, irreproachable public and private conduct. b) For the personal provision of their services, to obey and comply with the orders and instructions issued by their superiors. c) To maintain due confidentiality regarding matters related to their work. d) To personally register their attendance at the Institution by the means designated for that purpose, to occupy their work station at the officially established time, and to comply with their obligations within the established hours, remaining in the assigned place to perform their tasks. e) To execute with diligence and efficiency additional work, related to their functions, and any extraordinary work assigned to them, even if it is outside their work hours, when it is necessary for the proper functioning of the Institute. f) To notify in writing their immediate superior, in the shortest time possible, the reasons or motives for absence, when unforeseen circumstances made it impossible to communicate in due time. g) To present themselves for work, observing the rules of hygiene and personal appearance required by good customs and morality. h) To attend with diligence, respect, and courtesy to the public that makes inquiries and conducts business at the Institute. i) To take responsibility for the equipment or office materials assigned, keeping them in good condition. j) Proof of having submitted Sworn Declarations of Assets to the Superior Court of Accounts, when applicable. Article 42. PROHIBITIONS.- The officials and employees of the Institute may not be members of the governing bodies of political parties, nor carry out political activities during the work day. Article 43. The positions of the Institute are incompatible with the performance of any other public or private position, with professional management, with the exercise of political representation positions; except as provided in this provision regarding teaching and health assistance positions; for the exercise of teaching, a daily one-hour leave is granted within the Institute's work hours. Article 44. The officials and employees of the Institute are prohibited from: a) Requesting or accepting gifts or gratuities as compensation for the duties of their position; b) Altering work or abandoning it during work hours, without just cause or without permission from their immediate supervisor; c) Taking and removing from the office, furniture, equipment, supplies, and work documents, without permission from the respective superior; d) Divulging information related to procedures and proceedings through resolution by the full body of the Institute. e) Altering respect and consideration toward their superiors, subordinates, and coworkers, using nicknames, qualifications, or terms that cause harm to the moral integrity of persons. f) Presenting themselves for work in a state of intoxication or under the influence of drugs or narcotics; g) Devoting work time to matters unrelated to their functions. h) Discussing matters of a political, partisan, or religious nature during work hours. i) Illegally dispensing work, promoting work stoppages, or inciting their declaration; j) Conducting political propaganda in the facilities; Article 45.- RIGHTS.- The officials and employees of the Institute shall enjoy the right to job stability and may only be removed when the circumstances provided in Articles 46 and 60 of this Statute occur. Article 46.- The Full Body of the Institute may authorize the termination by severance of the appointment of one or more Officials and/or Employees for being included in the qualified exceptions indicated below: a) Forced reduction of services or personnel for budgetary reasons; b) Reduction of services or personnel to obtain more effective and economical administrative organization. c) To dispense with the services of the Officials and/or Employees of the Institute making use of the initial powers mentioned in the previous paragraph, the results of the periodic performance evaluation shall be taken as a basis for one of them. In all cases, the corresponding severance payment shall be made. Article 47. The officials and employees of the Institute shall also enjoy the following rights: a) To respect from their superiors and coworkers in both moral and physical integrity; b) To receive full payment of their salary, from the day of taking possession of the position for which they were appointed; c) To be promoted to positions of greater hierarchy and salary, after verification of their merits and compliance with corresponding requirements; d) To enjoy paid vacations, for the period established in this Statute; e) To enjoy one hour daily to take lunch (preferably from 12:00 P.M. to 1:00 P.M.); f) To enjoy one hour daily leave to attend university or any other educational center, having to prove such fact; g) To enjoy one hour daily leave to practice teaching; h) To enjoy paid leave for justified causes such as: illness, pregnancy, accidents, bereavement, study grants, and training programs; i) For study grants and training programs, leave shall be granted in accordance with the provisions issued for this purpose by the Full Body of the Institute. Article 48.- The officials and employees of the Institute shall also enjoy paid leave in the following cases: a) Five (5) business days, in case of death of a parent, child, sibling, spouse, or household partner; b) Up to two days in case of death of a relative within the third degree of consanguinity or second degree of affinity; c) Five business days in case of marriage; d) To care for their parents, children, siblings, or spouse in case of serious illness of these persons. Said leave shall be analyzed and verified by the Human Resources Subdirection and may not exceed fifteen (15) business days. Article 49.- In addition to the paid leave to which employees are entitled, as established in this Statute, they shall have the right to enjoy the following national holiday dates: April 14, May 1, September 15, October 3, 12, and 21. Days April 14, October 3, 12, and 21, when falling on a day other than Monday or Friday, shall be enjoyed on the business day of the following week. The foregoing is subject to the provisions on holidays issued by the National Congress or the Secretariat of Governance and Justice in the case of matters that are authorized by the Full Body of the Institute. Article 50.- The Officials and employees of the Institute shall have the right to request unpaid or salary-free leave, which may not exceed one year. A new leave request may not be submitted within two years from the date of the last authorized leave. Article 51.- In case of termination of the employment relationship by resignation, by mutual agreement between the Institute and one of its officials or employees, or by cancellation by severance, as provided in Article 46 of this Statute, they shall be entitled to be compensated as follows:

• 1)

  Severance assistance equivalent to one month's salary for each year worked, up to a maximum of 15 years, or its proportional value when the full year has not been completed;

• 2)

  Severance provision, equivalent to one month's salary for each year worked up to a limit of two years or the proportion when not complete;

• 3)

  Proportional thirteenth month;

• 4)

  Proportional fourteenth month;

• 5)

  Accrued and proportional vacations;

• 6)

  Bonus for accrued and proportional vacations. Whoever has received labor benefits from the Institute may not work again in this institution until 1 year has elapsed from their retirement. Article 52.- The aforementioned benefits must be paid in full one (1) calendar month after the termination of their employment relationship. CHAPTER X VACATIONS, DISCIPLINARY REGIME AND WORK HOURS Article 53.- VACATIONS.- All officials and employees of the Institute shall have the right to enjoy annual paid vacations according to time served, in the following manner: a) For the first year of continuous service, vacations from December 16 to the first business day of the following January. b) For the second year of continuous service, vacations from December 16 to the first business day of the following January and five (5) additional business days at the request of the employee or official, with prior authorization from the immediate supervisor. c) For three years or more of continuous service, vacations from December 16 to the first business day of the following January and ten (10) additional business days at the request of the employee or official, with prior authorization from the immediate supervisor. Without prejudice to the provisions in the previous paragraphs, personnel from the shift shall be designated for the vacation period of December so that the Institute can carry out its operations, guaranteeing citizens their right of access to public information and compliance with obligations; the provisions of transparency and accountability shall apply in the full body, during which period staff shall enjoy their vacations once the rest of the personnel have returned to work. The officials and employees of the Institute shall also have the right to receive a vacation bonus, equivalent to one month's salary, which shall be effective in the month of the anniversary of their admission to the Institution. It is prohibited to accumulate vacations; however, the employee may do so when performing technical work, management, trust positions, or other similar roles that make replacement difficult; in these cases, the maximum accumulation shall be up to two periods. Vacations expire after two years from the date on which the employee is entitled to them. Article 54.- DISCIPLINARY REGIME.- Disciplinary Regime is understood to be the set of norms aimed at producing a corrective effect on employee conduct. Article 55.- The faults committed by the Institute's employees shall be sanctioned according to their severity, and shall be classified as minor, less serious, and serious. Article 56.- The following are considered minor faults: a) Absenting oneself from the work station during work hours, without proper authorization; b) Not complying with assigned duties within the designated time; c) Abandoning the position or unjustified absence of the official or employee for (2) consecutive days, or three (3) or more alternating days per month; d) Document falsification; e) Discussions or quarrels that take place in the office premises, between employees of the same or private individuals; and, f) Insults to office coworkers or other private persons, within the office. Article 57.- The following shall be considered less serious faults:

  • a)

    Non-compliance or violation of any of the duties, prohibitions, or repetition of minor faults;

  • b)

    Negligence in the performance of their functions or non-observance of superior orders;

  • c)

    The accumulation of more than five late arrivals in a month, without prejudice to deductions for time computed as late arrivals;

  • d)

    Any act that causes material or economic damage to the Institute's interests, without prejudice to restitution of the value of the damage caused;

  • e)

    Presenting oneself at work or remaining in the Institute's facilities in a state of intoxication or under the influence of drugs or narcotic substances;

  • f)

    Registering the attendance of any coworker;

  • g)

    Insubordination manifested or proven disobedience;

  • h)

    Promoting disorder or inducing it in employees of equal or lower category;

  • i)

    The use of press, radio, or television, without proper authorization, for the publication of articles related to the service, acting in representation of the organ or Full Body of Commissioners;

  • j)

    The loss of documents entrusted to the employee;

  • k)

    Private acts that affect the dignity of personnel individually or collectively;

  • l)

    The inaccuracy of information on matters related to work, when done with bad intent; and, m) Conducting prohibited games within the office. Article 58.- Serious faults constitute:

    • a)

      Non-compliance or serious violation of any of the duties, prohibitions, or incompatibilities established in the law and other regulations of the Institute;

    • b)

      Recurrence in a less serious fault;

    • c)

      The alteration, destruction, or concealment of documents processed in the Institute;

    • d)

      The theft of goods or any other type of assets owned by the Institute, duly proven;

    • e)

      Abandoning the position or unjustified absence of the official or employee for (2) consecutive days, or three (3) or more alternating days per month;

    • f)

      Document falsification;

    • g)

      Discussions or quarrels that take place in the office premises, between employees of the same or private individuals; and, h) Insults to office coworkers or other private persons, within the office. Article 59.- Disciplinary measures shall be of the following types: a) Private reprimand, verbal or written in case of minor faults; b) Suspension from work without pay for up to eight calendar days in case of less serious faults; c) Suspension from work without pay for up to fifteen calendar days in case of serious faults, without prejudice to the fact that, according to the rating of the Full Body of the Institute, prior to an opinion from the Human Resources Sub-Management, the applicable measure may be dismissal. Article 60.- Employees and officials of the Institute may be dismissed from their positions without any liability to the Institute, for any of the following causes:

      • a)

        For non-compliance or serious and repeated violation of any of the duties, prohibitions, or incompatibilities established in the law and other regulations of the Institute;

      • b)

        For inability or inefficiency demonstrated in the performance of the position, duly and legally proven;

      • c)

        For recurrence in the commission of serious faults, established in Article 53 of this Statute;

      • d)

        For any act of violence, insults, slander, mistreatment, or serious indiscipline in which the employee or official incurs, during work or outside service, against their superiors or coworkers;

      • e)

        To exercise direct or indirect influence over any official or employee of the Institute, so that they act in a certain way in the matters they know or are to know, in order to benefit third parties;

      • f)

        Abandoning the position or unjustified absence of the official or employee for (2) consecutive days, or three (3) or more alternating days per month. Article 61.- The sanction of dismissal, as well as the disciplinary measures of suspension from position without pay, may not be applied except through prior summary investigation and after hearing the reasons and defense of the employee, conducting pertinent investigations and presenting respective evidence. Article 62.- For the purpose of determining the gravity of the fault committed and the consequent application of sanctions referred to in the previous article, the Human Resources Sub-Management shall notify in writing the employee of the reasons for the change or the facts attributed to them, which, if not disproven or insufficiently merited, shall give rise to the application of a sanction. Likewise, the place, date, and time of the hearing shall be notified, to hear the reasons or defense that the employee may have and the evidence they may present. The defense hearing shall be held before the Human Resources Sub-Manager or before the official to whom the Full Body delegates this function, with the presence of the employee and two witnesses, nominated, one by the nominating authority and the other by the accused employee. In no case may the accused employee choose whom to select with which the conflict originated that gave rise to the attributed facts. The hearing shall be held within 5 business days following notification in the place where the employee performs their functions at the IAIP. Everything done in the hearing shall be recorded in minutes that shall be drawn up for that purpose, which shall be signed by all representatives. If someone refuses to sign, the refusal shall be recorded therein. If the employee does not appear, the defense hearing shall be considered their default as tacit acceptance of the facts attributed to them. The exception is when, for just cause that legally prevents the employee from being present, this cannot occur. The just cause shall be determined by the authority before whom the hearing is held. In case one or both witnesses do not appear, the competent authority before whom the hearing is held shall proceed to replace them with persons of notorious good reputation and morals or by a notary who shall draw up a notarial record of the facts. If from the defense made or from the evidence presented by the employee, the competent authority establishes clearly the innocence of the server, the filing of the documentation in the employee's personal file shall be ordered. Article 63.- If the official or employee disagrees with a sanction that has been imposed, they may appeal it to the Full Body of the Institute, within three business days following the date of notification of the imposed sanction. Article 64.- WORK HOURS.- The ordinary work day for Institute employees shall not be less than forty work hours during the week; and eight hours daily. Article 65.- The entry and exit time for work shall be determined by the Full Body of the Institute. CHAPTER XI GENERAL PROVISIONS Article 66.- The provisions of this Statute are of public order; consequently, their observance is mandatory. Article 67.- This Statute repeals Agreements Numbers 003-2008 dated March 3, 2008, and 002-2009 dated August 18, 2009, which contain the Internal Regulations for Personnel of the Institute of Access to Public Information and the Amendment of Article 47 of the same Regulations. Article 68.- This Labor Statute shall enter into force as of its publication in the Official Journal "La Gaceta" SECOND ARTICLE: Transcribe this Agreement to each member of the Full Body of the Institute, to the Legal Management and Secretariat thereof, and order its publication in the Official Journal "La Gaceta". Done in Tegucigalpa, municipality of the Central District, at the Institute of Access to Public Information (IAIP), on the twenty-ninth day of April of two thousand ten. LET IT BE KNOWN. GUADALUPE JEREZANO MEJIA, COMMISSIONER PRESIDENT. GILMA ARGENTINA AGURCIA V., COMMISSIONER. ARTURO ECHENIQUE SANTOS, COMMISSIONER. Tegucigalpa, M.D.C., on the sixth day of the month of May of two thousand ten. IRIS RODAS GAMERO GENERAL SECRETARY