Sonangol Scholarship Regulations

SONANGOL
Direcção de Recursos Humanos

Regulamento
Interno de Bolsas de
Estudo da SONANGOL

Aplicável a Bolseiros no Exterior do País

Outubro 2000

Index

Chapter I - General Provisions

Article 1 - Objective

Article 2 - Applicability

Article 3 - Definitions

Chapter 11 - Requirements and procedures for acceptance and selection of candidacy applications

Article 4 - Types of courses accepted by scholarship holder categories

Article 5 - Common requirements for acceptance of candidacy applications

Article 6 - Specific requirements for acceptance of candidacy applications for scholarships

Article 7 - Exceptions to the requirements for acceptance of candidacy applications

Article 8 - Procedures for submission of candidacy applications

Article 9 - Procedures for the selection of candidacy applications and the granting of scholarships

Article 10 - Education / training contract

Article 11 - Guarantee of employment for the scholarship holder

Chapter 111 - Concerning the rights and duties of the scholarship holder and the sponsoring firm

Article 12 - Concerning the rights of the scholarship holder

Article 13 - Criteria for allocation of subsidies for support of dependents

Article 14 - Concerning the duties of the scholarship holder

Article 15 - Concerning the rights of the sponsoring firm

Article 16 - Concerning the duties of the sponsoring firm

Chapter 1V - Concerning discipline and the administration of penalties

Article 17 - Disciplinary power

Article 18 - Disciplinable infractions

Article 19 - Disciplinary penalties

Article 20 - Disciplinary procedures

Article 21 - Improper penalties

Article 22 - Consequences of the administration of improper penalties

Article 23 - Administration of disciplinary penalties

Article 24 - Criteria for the allotment of disciplinary penalties

Chapter V - Rescission of the training contract

Article 25 - Causes for the cancellation of the training contract

Article 26 - Cancellation of the training contract by mutual accord

Article 27 - Cancellation of the training contract due to expiration

Article 28 - Rescission of the training contract by the sponsoring firm for just cause

Article 29 - Just cause for rescission of the training contract by the sponsoring firm

Article 30 - Rescission of the training contract without previous notice by the scholarship holder

Article 31 - Impediments by acts of God

Chapter VI - Final and transitory provisions

Article 32 - Placement in effect

Article 33 - Questions and omissions

Article 34 - Resolution of litigation

Article 35 - Revocation of these regulations

Article 36 - Revision of regulations

Attachment (1) - Subsidies and other benefits for scholarship holders

Regulations for Internal Scholarships

from SONANGOL
(Applicable to Scholarship Holders Abroad)

Chapter I
General Provisions

Article 1
(Objective)

The regulations herein deal with requirements and procedures pertaining to the granting of scholarships by SONANGOL E.P., for the purposes of attending university or post-graduate courses abroad. They further contain the rights and duties then current for the sponsoring firm and for the scholarship holder.

Article 2
(Applicability)

These regulations are applicable to all employees who may have an open-ended employment contract with SONANGOL E.P. or any of its subsidiaries. They are, in addition, applicable to those non-employees who may have been selected and to whom SONANGOL has granted a scholarship, subsidy or support of any type.
All cases of individuals granted the status of scholarship holder prior to these regulations going into effect shall also be subject to compliance with the provisions contained herein.

Article 3
(Definitions)

For the purposes of these regulations, a scholarship holder is any individual covered by Article 2 who, in a foreign country, acquires scientific, technical or practical knowledge for a period greater than 6 months, and who is financed by the sponsoring firm, in accordance with the terms of the training/education contract established between both parties.
A scholarship holder who has no training/education contract is considered to be subsidized and entitled only to the benefit right contained under Article 12, point 1, subsection g.

Chapter II
Requirements and procedures for the acceptance and selection of candidacy applications.

Article 4
(Types of courses accepted by scholarship holder categories)

Candidates for scholarships will only be allowed to submit their candidacy applications for attendance at higher education or post-graduate courses.
Cases in which the sponsoring firm has need of specialized training/education of personnel at levels below those specified in the previous point shall constitute exceptions to Article 4, point 1.
Only those employees who have a legal labor relationship with the sponsoring firm, as foreseen in the conditions of these regulations, may apply as candidates for post-graduate courses.

Article 5
(Common requirements for acceptance of candidacy applications)

The following are considered common requirements for the acceptance of candidacy applications independent of the category of scholarship to be granted or the types of courses to be attended.

the candidates are nationals of Angola

the candidates have a previous legal labor relationship with the sponsoring firm, for a minimum period of three years of full-time employment

the candidates select courses and educational specialties which correspond or are related to the work developed in the sponsoring firm or which may be considered of interest to the SONANGOL Group

in the event of need, the candidates will accept courses prescribed by the sponsoring firm

Article 6
(Specific requirements for the acceptance of candidacy applications for scholarships)

In addition to the common requirements for candidacy previously mentioned in Article 5, the following requirements pertaining to the type of course to be attended are considered specific requirements for acceptance of candidacy applications:

1- The following are requirements for candidacy for attendance at higher education courses:

a. the candidate may be no more than 25 years of age, or if an actual employee of the sponsoring firm, no more than 30 years of age

b. the candidate must have completed and completely passed the 12^th grade or equivalent

c. female candidates shall not be pregnant at the time of applying for candidacy for a scholarship and shall promise not to become pregnant until the conclusion of their course

2- The following are requirements for candidacy for attendance at post-graduate courses abroad:

a. the candidate has completed at least 3 years of full-time employment in the sponsoring firm after obtaining his/her licentiate degree

b. the candidate may be up to 40 years of age; or if an actual employee of the sponsoring firm, the candidate may be up to 45 years of age

c. the candidate has completed his/her licentiate degree with all passing scores

d. the candidate completes the requirements stipulated in Decree 37/89, which approves the Regulations of Post-Graduate courses

e. female candidates shall not be pregnant at the time of applying for candidacy for a scholarship and shall promise not to become pregnant until the conclusion of their course

Article 7
(Exceptions to the requirements for acceptance of candidacy applications)

The conditions mentioned in Article 2, constitute exceptions to the rule in Article subsection B.
The cases in which the scholarship holder has the requirements mentioned in Article 5, subsection b, and needs up to two years for completion of a higher education course, constitute exceptions to the provisions referred to in Article 6, point 1, subsection a.
Cases in which the requirements mentioned in Article 5, subsection c, are completed, constitute exceptions to the rule in Article 6, point 2, subsection b. Such cases are recognized as exceptional technical-scientific competence on the part of the candidate and strategic importance is given to the work he/she carries out at the sponsoring firm.

Article 8
(Procedures for submission of candidacy applications)

1- Candidacy applications for scholarships shall be sent, by letter, to the President of the Board of Directors of the sponsoring firm and shall contain the following:

a.    The candidacy application shall be accompanied by:

I.              a certificate of the candidate’s scholastic knowledge

II.            a photocopy of the identification card

III.         an updated curriculum vitae

IV.          three (3) passport size photos

b.    The candidacy applications of employees of the sponsoring firm shall be accompanied by the opinion of the heads of the candidate’s department, where his/her time of employment in the firm is recorded, justifying the necessity of training/education and evaluating the importance of the course for SONANGOL.

Article 9
(Procedures for selection of candidacy applications and the granting of scholarships)

The Human Resources Department of SONANGOL, through the training sector, will periodically promote competitions in order to grant scholarships which are based on the needs and interests of the sponsoring firm and on the courses offered in educational or training institutions.
The granting of scholarships will be made through the selection of candidacy applications received in accordance with the rules, methods and processes which may be regularly issued and disclosed in advance by SONANGOL.
The training sector of the Human Resources Department will promote pre-selection and selection of candidacy applications through examinations of knowledge and evaluations of candidates’ potential.
All circumstances being equal, preference will be given in the granting of scholarships to employees of SONANGOL or its subsidiaries, in accordance with the provision of Chapter 1, Article 2.
Candidacy applications selected shall be approved by the President of the Board of Directors.

Article 10
(Education/training contract)

For each selected candidate, independent of the scholarship category to be utilized or the type of course to be attended, an education/training contract shall be written which obligates recipients, upon signing, to comply with both the clauses registered in said contract and the articles registered in these regulations.
The length of time aboard shall be equal to the length of the course attended; additionally there may be a period of up to one and one half years, for adjustment, acquisition of language proficiency or apprenticeships/internships.
The training contract shall be established with scholarship holders who have shown good academic performance in the first three years of study and scholarship holders in these cases shall be obligated to work for the sponsoring firm.

Article 11
(Guarantee of employment for the scholarship holder)

At the end of the course, the sponsoring firm shall guarantee to the scholarship holder with a legal labor relationship with the firm, a position compatible with the education/training acquired.
With regard to the scholarship holder who is not an employee of the sponsoring firm, and, in the event the situation pertaining herein has not be regulated in the education/training contract, the sponsoring firm, at the end of the third (3^rd) academic year, given that academic performance is satisfactory and the course attended is of interest to SONANGOL, shall extend in writing to the scholarship holder an addenda to the education/training contract in which the latter shall be guaranteed employment at the end of his/her education/training.
If the sponsoring firm, during the course of one year after the conclusion of training, has not placed the recently training scholarship holder in a position compatible with the training acquired, in conformity with the stipulation in previous numbers, said recently trained individual shall able to establish a legal labor relationship with any other entity, independent of whether he/she is an employee or not of the sponsoring firm.

Chapter III
Concerning the rights and duties of the scholarship holder and the sponsoring firm

Article 12
(Concerning the rights of the scholarship holder)

1. For the purposes of these regulations, the following are considered rights of the scholarship holders:

to receive a monthly subsidy from the sponsoring firm to share in the expenses of the scholarship holder’s dependents in Angola, in conformity with the amounts and criteria defined in Article 13 and the attachments of these regulations;

not to be transferred from his/her work position during training, except for important reasons of service;

to attend training/education phases/internships at the sponsoring firm’s expenses whenever the interests of the company or the training/education given by the instructional institution justify attendance and are authorized by the sponsoring firm;

to rescind the education/training contract in terms of articles 26 and 30;

round trip passage from Angola to the host country, at the beginning and end of training, at the expense of the sponsoring firm

round trip vacations from the host country to Angola, every two academic years, at the expense of the sponsoring firm based on the following points:

i. that the scholarship holder shall have passed the academic year prior to his/her trip

ii. that the scholarship holder shall not have spent more than one year in a language training school

a monthly subsidy to share in the scholarship holder’s expenses for food and clothing, said amount to be specified in the contract to be established with each scholarship holder according to the level of course, host country, and legal labor relationship with the sponsoring firm, based on the stipulation in the attachment of these regulations;

a winter subsidy for scholarship holders in training in countries with severe winters to be paid every two years beginning the first winter the scholarship holder spends in the country of training in conformity with the attachment in these regulations;

payment by the sponsoring firm for the scholarship holder’s expenses for the following materials and services; enrollment, course and examination fees; rent for accommodations; sanitation services fees; electricity fees, round-trip expenses to and from the place of residence to the training institution on public transportation; books and materials indispensable for course attendance;

sharing by the sponsoring firm in medical-medicinal expenses (70% for doctor or dentist visits, 80% for medicines); the student must agree to the requirements of the sponsoring firm concerning safeguards in order to obtain reimbursements. Contact lenses or glasses (not both) shall be reimbursed at 80%, not more than once per year, unless there is a change in prescription. Medicines which may be purchased without a doctor’s prescription will not be reimbursed

all scholarship holders will be covered by health insurance which may not cover all illnesses. Those situations not covered by insurance, when duly substantiated, shall be co-paid by the sponsoring firm in accordance with the percentage stated in point j

payment of relocation moving expenses inherent in the event of the death of parents, children or spouse

all scholarship holders shall have the right to receive fees owed for the renewal of visas and/or authorization of residence in the host country as well as payment for visas when they may be transferred to another country in the interest of SONANGOL

all new scholarship holders, upon arrival in the host country, shall receive a subsidy for settling in equivalent to $ 300 US for expenses such as food and other basic necessities

Article 13
(Criteria for allocation of subsidies for support of dependents)

1- The following are considered common criteria for the allocation of subsidies by the sponsoring firm for the purpose of sharing in the scholarship holder’s expenses for dependents as foreseen in Article 12, point 1, subsection a:

this subsidy shall only be allotted to scholarship holders who have a legal labor relationship with the sponsoring firm;

the amounts of the subsidy are stipulated in the attachments of these regulations;

the subsidy allotted to scholarship holders who attend licentiate courses shall be equivalent to 50% of the base salary corresponding to the scholarship holder’s level of placement on the salary table.; for scholarship holders attending post-graduate courses the subsidy shall be equivalent to 75% of the base salary

the amounts of this subsidy must be reviewed and updated whenever changes in the salary table of the sponsoring firm are verified

2- The following are considered specific criteria for the allocation of the subsidy referred to in the previous point for scholarship holders abroad;

the value of the subsidy will be paid in Angola to the representative of the scholarship holder’s dependents named as proxy for the procurement of said subsidy;

dependents are understood to be only individuals registered in the scholarship holder’s personal cadastre, i.e., minor children, spouse, father or mother provided these live with and are under the responsibility of the scholarship holder, in conformity with that stipulated in Article 1 of Decree 146/78

only one of those named in subsection b may be named as proxy for the purposes of the stipulation in subsection a

Article 14
(Concerning the duties of the scholarship holder)

1- For the purposes of these regulations, the following are considered duties of the scholarship holder:

to fulfill that which has been established in the regulations, orientations and rules of SONANGOL relative to scholarship holders;

to comply with the rules, orientations and regulations of the training/educational institutions;

not to change the training/educational course or the educational institution without express authorization from the sponsoring firm;

not to leave the course prior to completion, without reasons considered valid by the sponsoring firm;

the scholarship holder is strictly prohibited from assuming debts either in the name of the sponsoring firm or in the name of its representative entity in the host country

to have moral and civil behavior above reproach at the training/educational institutions and with the representatives of SONANGOL in the host countries;

to maintain the best spirit of collaboration and fellowship with colleagues;

to attain annually complete academic advancement;

not to break the relationship with the sponsoring firm nor to establish legal labor relationship with any other entity during the training/educational period or before the time period foreseen in the education/training contract has elapsed, except in those cases foreseen in Article 11, point 3;

to comply with and respect the regulations and rules of conduct established or that may be established by SONANGOL or its legal representatives abroad regarding scholarship holders residences which are either the property of the sponsoring firm or rented by the latter;

to obey the instructions which may be pointed out by entities who have the responsibility for the execution of the training/education contract;

to present with the authorization of the sponsoring firm, the request for cancellation of enrollment, when some justified reason may occur and in accordance with the period of time stipulated at the educational institutions;

to be obligated to give information to the sponsoring firm or its representative of passing academic performance; and to authorize SONANGOL or its representative to request directly from the Educational Institution the scholarship holder’s results and information pertaining to his/her conduct

to promise not to become pregnant until the completion of training/education

scholarship holders residing in apartments belonging to the sponsoring firm may not change the residence without authorization from their administering sponsoring firm

scholarship holders not residing in apartments belonging to the sponsoring firm must notify their administering sponsoring firm whenever they can residence

to attend meetings called by Sonangol or its representative

2- The following constitute exceptions to that stipulated in subsection h, point 1, of this article:

situations attributable to acts of God, such as illness or other situations duly confirmed and accepted by the sponsoring firm;

consideration is given to the scholarship holder’s possible difficulties attributable to cultural and linguistic integration aboard, or to inadequate academic training due to curriculum differences from one country to another, or to the irregular operation of educational institutions in Angola or abroad;

in accordance with the previous subsections of this point, the scholarship holder is permitted to fail at most one academic year

Article 15
(Concerning the rights of the sponsoring firm)

For the purposes of these regulations, the following are considered rights of the sponsoring firm:

to monitor and control the academic advancement and behavior or the scholarship holder, by regularly requesting information from the training institutions or by collecting such information directly through inspection visits to be carried out by qualified technical personnel from Human Resources;

not to be responsible for the debts incurred by the scholarship holder, whenever, for legal reasons, the sponsoring firm may have to settle such debts, said firm will attach the estate of the scholarship holder;
to carry out disciplinary action;
to rescind the training contract in terms of article 28 of these regulations
to direct, with the agreement of those in training, scholarship holders with weak academic performance to professional courses of not less than 6 nor more than 12 months duration which are of interest to the sponsoring firm
whenever the administering sponsoring firm may deem it necessary, and after study on a case by case basis, an explanatory proceeding shall be authorized when it may be found that the scholarship holder is in danger of failing the academic year; the curricula of the student shall be considered

Article 16
(Concerning the duties of the sponsoring firm)

For the purposes of these regulations, the following are considered duties of the sponsoring firm:

to comply with all the duties of the sponsoring firm and to watch over the proper exercise of the scholarship holder’s rights;
to organize and maintain in updated form the individual processes of scholarship holders;
to pay regularly the scholarship amounts and the other subsidies designated in article 12;
to guarantee a position for the scholarship holder until the conclusion of the course, provided that the sponsoring firm has signed a training contract with the scholarship holder and the latter fits within the sponsoring firm’s needs;
in applicable cases, not to transfer the scholarship holder from his/her position during training, except for very important reasons;
to assure, as much as may be possible and in accordance with the plan in effect with the sponsoring firm, work placement suitable for the level of the course attended, in terms of the provision of Article 11
to send periodically, as much as possible, information about Angola and the sponsoring firm to scholarship holders in training;
to finance the training expenses foreseen in Article 12, point 1 subsection c;
to update subsidies for support of the scholarship holder’s dependent expenses in conformity with that stipulated in Article 13, point 1, subsection d and Article 12, point 1, subsection g

Chapter IV

Concerning discipline and the administration of penalties

Article 17
(Disciplinary Power)

In accordance with rules established in these regulations, SONANGOL has disciplinary power over scholarship holders.
The sponsoring firm exercises disciplinary power conferred by these regulations through the President of the Board of Directors, or the Director of Human Resources or the sponsoring firm’s representative in the host country, as delegated by the President.

Article 18
(Disciplinable Infractions)

The following is considered a disciplinable infraction: the violation by the scholarship holder of his/her duties as stated in the legal provisions applicable to this subject and by these regulations.
The disciplinable infraction is prescribed one year from the date on which the alleged infraction may be brought to the attention of the Director of Human Resources, his substitute or delegated representative.
Any disciplinable infraction will cease to be invocable or taken into account for any reason, after three years from the date of the penalty, unless another penalty shall have been given to the same scholarship holder.

Article 19
(Disciplinary Penalties)

1- Without prejudice to that established in the General Work Law and in other legislation concerning this subject, the following are applicable penalties for those scholarship holders guilty of disciplinable infractions:

a. written censure to the scholarship holder

b. temporary reduction of subsidies to the scholarship holder, up to 50%

c. temporary suspension of subsidy payments to scholarship holders

d. attachment of the scholarship holder’s estate

e. cancellation of the training contact with the scholarship holder

2- The application of penalties foreseen in the previous point will only occur after the institution of a disciplinary process to evaluate the guilt of the accused.

3- Upon find the scholarship holder guilty of committing the infractions pertaining to these regulations or to the training contract, the respective penalty must be determined in conformity with that stipulated in articles 23 and 24.

Article 20
(Disciplinary Procedures)

1- The exercise of disciplinary power implies the verification of the facts, circumstances or situation in which the alleged violation took place, by means of the institution of a disciplinary process as stated in the following numbers.

2- The President of the Board of Directors or the Director of Human Resources of the sponsoring firm, in the event the latter shall have been delegated for this purpose, must order the disciplinary process to be instituted within 45 days of the date on which the infraction was brought to his attention.

3- The disciplinary process must be written up, except for the disciplinary means foreseen in Article 19, point 1, subsection a. It must conclude no later than 90 days after its initiation except if, in the interest of the defense or of the sponsoring firm, well-founded written grounds justify delay for up to an equal period of time.

4- The scholarship holder must be assured of the following guarantees for defense with respect to the disciplinary process:

the accusation has to be based on the violation of applicable legal provisions, on the rules of these regulations or on complementary rules which may be produced;

the accusation must be brought to the attention of the scholarship holder through an official communication denoting culpability. This communication will also contain the time for presentation of a defense and must be sent by registered letter with a notification of receipt.

whenever a communication denoting culpability is sent, the scholarship holder must be informed that, at his/her defense, he/she must furnish witnesses or other means of proof;

the time for the presentation of a defense cannot be less than 3 days nor greater than 20 days from the date of receipt of the communication denoting culpability;

the scholarship holder’s witnesses may be questioned within the fixed limits of the law;

5- after the disciplinary process has been completely prepared, it shall be presented to the Director of Human Resources. The latter or his delegate will consider all the circumstances, establish a penalty in conformity with what is foreseen in these regulations, and establish his decision, given that the posed penalty is approved by the President of the Board of Directors

6- the execution of a disciplinary penalty may only take place within the 30 days subsequent to the final decision

7- failure to comply with the formalities referred to in point 4, subsections a, b, c, and e of this article completely nullify the disciplinary process and make it impossible to administer the penalty

Article 21
(Improper Penalties)

1- disciplinary penalties are considered improper when they may be motivated by the fact that the scholarship holder on his/her own initiative or through any entity which formally represents the latter

has legitimately opposed an unjust administration of a disciplinary penalty;

exercises, has exercised or intends to exercise or invoke the rights and guarantees which assist him/her

2- until proven to the contrary, the rescission of the training contract or the administration of any penalty which, under the guise of punishment for another violation, may take place up to 6 months after the occurrence of any of the facts mentioned in the previous point, shall be considered improper

Article 22
(Consequences of the administration of improper penalties)

If the sponsoring firm administers any improper penalty according to the cases mentioned in the previous article, it shall indemnify the scholarship holder according to the general terms of law in effect in Angola, with recorded modifications of the following numbers.
If a penalty consists of the rescission of the training contract with a request for the indemnification of the scholarship holder, the latter may, for his/her part, demand and equal indemnification of the sponsoring firm which shall be equal to that required of him/her.
In regard to the suspension of payment of subsidies mentioned in Article 12, point 1, subsection a, the scholarship holder shall have the right to an indemnification which shall not be less than the sum of the amount of subsidies lost.

Article 23
(Administration of disciplinary penalties)

The level of damage to national economic interests and to the sponsoring firm, the nature of the relationship between the parties whether in general or in relation to the scholarship holder affected, the nature of the work relationship between the scholarship holder and his colleagues and all circumstances relevant to the case shall be taken into consideration with regard to the degree of severity of the disciplinary penalty to be administered.
Only one disciplinary penalty shall be administered to a given scholarship holder for the same disciplinable infraction except in the cases foreseen in Article 24, point 4, and in Article 29, point 3, subsection a, in which references are made to noncompliance by the scholarship holder of that stipulated in Article 14, point 1, subsection e;
Penalties to be administered may not have any consequences for the penalized scholarship holder with regard to a reduction of the rights acquired while an employee of the sponsoring firm.

Article 24
(Criteria for the allotment of disciplinary penalties)

1- The sponsoring firm may administer censure in writing, whenever it has confirmed that there has been a violation on the part of the scholarship holder in regard to the following duties:

the stipulations in Article 14, point 1, subsections b, and or f, provided that the training/educational entities have not temporarily or permanently suspended the scholarship holder from course attendance;

the stipulations in Article 14, point 1, subsections g and j;

2- The sponsoring firm may decide to reduce temporarily payment of the subsidies foreseen in Article 12, point 1, subsection g, whenever it has been confirmed that the scholarship holder has violated the following duties:

the stipulation of Article 14, point 1, subsection h (first occurrence), said case being attendance during the last year of courses, except for those cases foreseen in point two of the same Article;

3- The sponsoring firm may decide to suspend temporarily, without retroactive effect, payment of the subsidies foreseen in Article 12, subsections a and g, whenever it has been confirmed that the scholarship holder has violated the following duties:

the stipulations in Article 14, point 1, subsection m;

the stipulations in Article 14, point 1, subsections b and f, if it is determined that the training/educational entities have temporarily suspended the scholarship holder from course attendance

the stipulation in point q, the suspension being in this case for a period of 1 (one) month

The sponsoring firm may attach the estate of the scholarship holder, whenever it has been confirmed that the scholarship holder has violated the stipulation of Article 14, point 1, subsection e;

The sponsoring firm may cancel the training contract with the scholarship holder, in accordance with the terms foreseen in article 29 of these regulations, whenever the latter:

fraudulently violates the rules of law in effect in Angola or in the country of training

violates the rules of confidentiality and secrecy which were demanded of him/her with regard to the specific nature of his/her work in the sponsoring firm

seriously and grieviously violates the training contract rules or the principles mentioned in these regulations; submits false documentation concerning expenses, grades or plans of study

Chapter V

Rescission of the training contract

Article 25
(Causes for the cancellation of the training contract)

1- The training contract may be canceled by

a.    mutual accord of both parties

b.    expiration

c.     rescission on the part of the sponsoring firm;

d.    rescission on the part of the scholarship holder

2- The sponsoring firm is not permitted to promote the rescission of the training contract with the scholarship holder without just cause or for political or ideological reasons. Proof of recession for the aforementioned reasons shall nullify the action by the sponsoring firm.

Article 26
(Cancellation of the training contract by mutual accord)

The sponsoring firm and the scholarship holder have the legitimate right to cancel the training contract by mutual accord without observing the obligations and limitations established in this chapter.
The cancellation of the training contract by mutual accord must always consist of a written document, signed in duplicate by both parties. Each party shall retain a copy. Said document is considered to be a revocatory agreement.
Clauses of the revocatory agreement which result in the scholarship holder’s inability to exercise rights already acquired or to claim credits due are null and void.

Article 27
(Cancellation of the training contract due to expiration)

1- The training contract with the scholarship holder expires in the general terms of law when

the time period established has expired;

verification is ascertained of the supervenient, absolute and definitive impossibility of the scholarship holder’s working for the sponsoring firm or of the sponsoring firm receiving his/her services

2- in the cases foreseen in the previous point, the impossibility referred to is to be considered verified when both contractors know of it or should know of it

Article 28
(Rescission of the training contract by the sponsoring firm for just cause)

1- Upon verifying just cause, the sponsoring firm may rescind the training contract with the scholarship holder, independent of the type of contract which has been established with him/her.

2- The rescission of the training contract for just cause by the sponsoring firm may be of two types, according to the nature of the infraction committed by the scholarship holder, to wit:

without request for indemnization of the scholarship holder;

with request for indemnization of the scholarship holder

3- Verification for just cause always depends on the results of the disciplinary process, as elaborated in terms of article 20.

4- Absence of just cause, an inequitable penalty for the verified behavior, the nullity or in existence of the disciplinary process, nullify the rescission of the training contract with the scholarship holder, in spite of said cancellation having been declared.

Article 29
(Just cause for rescission of the training contract by the sponsoring firm)

1- Culpable behavior by the scholarship holder, as described by law or in these regulations, which, because of its gravity and consequences renders the maintenance of the firm’s contractual relationship with the scholarship holder immediately and practically impossible is considered just cause.

2- Confirmed violation by the scholarship holder of the following duties shall constitute just cause for rescission of the training contract by the sponsoring firm without a request for indemnization of the scholarship holder:

the stipulations in Article 14, point 1, subsections c and n;

the stipulations in Article 14, point 1, subsection h, (second occurrence), or if the scholarship holder has not obtained passing performance for two years, or if the scholarship holder has not received passing credits for the two years of failure;

3- Confirmed violation by the scholarship holder of the following duties (beyond those situations foreseen in Article 24, point 5, shall constitute just cause for rescission of the training contract by the sponsoring firm with a request for indemnization of the scholarship holder:

the stipulations in Article 14, point 1, subsections d, e, and i:

the stipulations in Article 14, point 1, subsections b and i, if the final suspension of the scholarship holder from classes is determined by the training institution

4- The sponsoring firm reserves the right, on a case by case basis, to establish the amount of indemnization requested of scholarship holders, as foreseen in points 2 and 3 of this article, bearing in mind all the costs sustained in the training of these scholarship holders and the damages caused by the rescission of the training contract, including the losses resulting there from and the loss of profits.

Article 30
(Rescission of the training contract without previous notice by the scholarship holder)

1- The scholarship holder may, without prejudice as foreseen in Article 11, point 3, rescind with just cause, his/her training contract with the sponsoring firm, without previous notice in the following situations:

whenever the sponsoring firm, without just cause, fails for more than 45 days after receipt of written notification by registered letter from the scholarship holder to comply with any clause of the training contract or article of these regulations; said noncompliance may result in the possible violation of the rights of the scholarship holder;

when the scholarship holder must of necessity complete legal obligations incompatible with continued completion of the training contract;

when the scholarship holder is subjected to administration of an improper penalty;

when the occurrence of a wrong harmful to the interests of the scholarship holder or of an offense to his/her honor or dignity is verified

2- The scholarship holder may not rescind the training contract as outlined in the terms foreseen in subsections a, point 1 of this article and in Article 11, point 3, if the sponsoring firm is prevented from fulfilling its obligations by an act of God.

3- The scholarship holder’s ability to rescind the training contract as outlined in the terms foreseen in point 1, subsections c and d of this Article, does not exonerate the sponsoring firm from the civil or criminal responsibility which may create the situation for rescission, unless this situation is attributable to acts of God.

Article 31
(Impediments by acts of God)

For the purposes of these regulations the following events or decisions which may occur independently of the wishes of the sponsoring firm are considered as acts of God: natural disasters, fires, war, revolts and disturbances, or even administrative decisions of the Government of Angola and the Board of Directors of SONANGOL.
Whenever an act of God may occur, the scholarship holder will be notified in writing, with notification of receipt, within a maximum time period of 30 days from the date of the start of the event which impedes completion of the sponsoring firm’s obligations as assigned in these regulations or in the training contract, unless the act of God impedes this action.

Chapter V

Final and transitory provisions

Article 32
(Placement in effect)

These regulations go into effect after the date of their approval and signature by the President of the Board of Directors of the sponsoring firm.

Article 33
(Questions and omissions)

Questions and omissions arising from the interpretation and administration of the present regulations will be resolved by the office of the President of the Board of Directors of the sponsoring firm.

Article 34
(Resolution of litigation)

All litigation arising from the execution of the training contract which cannot be resolved amicably, shall be resolved in conformity with legislation in effect in Angola; the District Tribunals of the Province of Luanda shall be adjudged qualified to resolve any such litigation.

Article 35
(Revocation of these regulations)

After approval and publication of the present regulations, all previous regulatory provisions which contradict that which is stated herein are revoked.

Article 35
(Revision of regulations)

The provisions contained in the present regulations may be revised whenever the sponsoring firm deems it necessary.

Revised the 24^th of October of 2000

President of the Board of Directors

Manuel Vicente

ATTACHMENT
(Subsidies and other benefits for scholarship holders)

1- Subsidies to be granted to scholarship holders abroad in conformity with the stipulation of Article 12, point 1, subsection g, are as follows:

a. the subsidy to be granted to scholarship holders who attend licentiate courses shall be from $ 400 to $ 1200 US

b. the subsidy to be granted to scholarship holders who attend postgraduate university courses shall be from $ 1500 to $ 3000 US

c. the winter subsidy shall be from $500 to $750 US
The subsidies referred to in the preceding number shall be updated in relation to inflation in the scholarship holder’s host country
All scholarship holders abroad shall have a benefit subsidy of $ 1,000 US for the purchase of a computer; in England the subsidy shall be 800 pounds
The telephone subsidy is fixed at $ 30 US per month
Scholarship holders who obtain good academic results in their licentiate courses may request courses for a Master’s Degree provided that they have exceeded the goals fixed by SONANGOL and, their requests are in accordance with the recommendations of their respective Faculties.
SONANGOL will pay for rental of scholarship holders’ graduation ceremony robes in the amount proposed by the scholarship holders’ administrator in each country.
Final year scholarship holders will receive ½ of a 20-foot packing container for the transportation of their belongings to Angola.
SONANGOL will lend final year scholarship holders, upon request, the amount of $3000 US for the defraying of additional expenses associated with the transportation of their belongings to Angola. This loan shall be repaid through the salary of the said scholarship holders after placement in the sponsoring firm.
Upon conclusion of the course, final year scholarship holders shall be entitled to one month’s vacation in the host country and another month of vacation to be taken in Angola.
Final year scholarship holders will have the right to a normal subsidy during the month of vacation in host country and they shall receive a salary corresponding to their defined salary group in the sponsoring firm during the month of vacation in Angola.
All scholarship holders who complete higher education or a bachelor’s degree will be placed in salary group 11 on the Salary Scale Table in effect in SONANGOL.
All scholarship holders who complete a Master’s Degree or equivalent, shall be placed in salary group 12.
Once the educational system of English-speaking countries has defined a licenciate degree as bachelor’s degree and bearing in mind that this degree provides immediate admission to a Master’s or post-graduate program, all trained scholarship holders at these universities shall be placed as licentiates in group 11.
Scholarship holders who attend a licenciate degree program in England and other countries whenever necessary shall complete the training year. During the training year, scholarship holders shall receive their respective scholarship subsidies.
Scholarship holders who do not complete English courses within a maximum period of 18 months must return to Angola.

Revised the 24^th of October of 2000

President of the Board of Directors

Manuel Vicente