STAFF REGULATIONS AND STAFF RULESPART II PERSONNEL ADMINISTRATION AND STAFF WELFARE AM.II/1 Page iv Section 1 Staff Regulations and Staff Rules Issued: 2014-02-03 Rule 5.01.2 – Adjustment

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Section 1 Staff Regulations and Staff Rules Issued:

2014-02-03

STAFF REGULATIONS AND STAFF RULES

PURPOSE

1. This Section contains the Staff Regulations, adopted by the Board of Governors and the Staff Rules, as promulgated by the Director General, after consultation with representatives of the Staff Council.

2. Amendments to the Staff Regulations are approved by the Board of Governors, and amendments to the Staff Rules by the Director General.

3. The Staff Regulations and Rules are included in the Administrative Manual and in its electronic version, which is available on the Agency’s Intranet (OASIS). The salary scales and tables of allowances can be accessed through the electronic version of the Administrative Manual.

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CONTENTS

SCOPE AND PURPOSE ...................................................................................................................................................... 1

ARTICLE I DUTIES, OBLIGATIONS AND PRIVILEGES ................................................................................................................. 1

REGULATION 1.01 ........................................................................................................................................ 1

REGULATION 1.02 ........................................................................................................................................ 1 Rule 1.02.1 – Hours of work and holidays ................................................................................................. 1 Rule 1.02.2 – Overtime .............................................................................................................................. 1 Rule 1.02.3 – Night differential .................................................................................................................. 2 Rule 1.02.4 – On-call duty ......................................................................................................................... 2 Rule 1.02.5 – Difficult conditions .............................................................................................................. 2

REGULATION 1.03 ........................................................................................................................................ 3

REGULATION 1.04 ........................................................................................................................................ 3

REGULATION 1.05 ........................................................................................................................................ 3 Rule 1.05.1 – Standards of conduct ............................................................................................................ 4 Rule 1.05.2 – Outside activities and interests ............................................................................................. 4 Rule 1.05.3 – Duties of a staff member to supply information ................................................................... 5 Rule 1.05.4 – Financial responsibility ........................................................................................................ 5

REGULATION 1.06 ........................................................................................................................................ 5 Rule 1.06.1 – Classified information .......................................................................................................... 5

REGULATION 1.07 ........................................................................................................................................ 6

REGULATION 1.08 ........................................................................................................................................ 6

REGULATION 1.09 ........................................................................................................................................ 6

REGULATION 1.10 ........................................................................................................................................ 6

REGULATION 1.11 ........................................................................................................................................ 6

REGULATION 1.12 ........................................................................................................................................ 6

ARTICLE II CLASSIFICATION OF POSTS ........................................................................................................................................... 7

REGULATION 2.01 ........................................................................................................................................ 7 Rule 2.01.1 – Posts ..................................................................................................................................... 7 Rule 2.01.2 – Classification of posts .......................................................................................................... 7

ARTICLE III APPOINTMENTS AND PROMOTIONS .......................................................................................................................... 7

REGULATION 3.01 ........................................................................................................................................ 7 Rule 3.01.1 – Geographical distribution .................................................................................................... 8

REGULATION 3.02 ........................................................................................................................................ 8 Rule 3.02.1 – Seconded staff ...................................................................................................................... 8

REGULATION 3.03 ........................................................................................................................................ 8 Rule 3.03.1 – Types of appointment .......................................................................................................... 8

Fixed-term appointments ...................................................................................................................... 9 Temporary-assistance appointments ................................................................................................... 10 Short-term appointments..................................................................................................................... 11

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Conversion of appointments ............................................................................................................... 11 Rule 3.03.2 – Local and non-local status in the General Service category ............................................... 11 Rule 3.03.3 – Nationality ......................................................................................................................... 12 Rule 3.03.4 – International recruitment .................................................................................................... 12 Rule 3.03.5 – Family relationships and spouse employment .................................................................... 12

REGULATION 3.04 ...................................................................................................................................... 12 Rule 3.04.1 – Medical examinations ........................................................................................................ 13

LETTER OF APPOINTMENT REGULATION 3.05 ...................................................................................................................................... 13

Rule 3.05.1 – Transmission of Staff Regulations and Rules by electronic data transfer .......................... 13 Rule 3.05. 2 – Terms of appointment ....................................................................................................... 13 Rule 3.05. 3 – Effective date of appointment ........................................................................................... 14

PERFORMANCE MANAGEMENT SYSTEM REGULATION 3.06 ...................................................................................................................................... 14

Rule 3.06.1 – Performance management system ...................................................................................... 14 Rule 3.06.2 – Responsibilities of the supervisor ...................................................................................... 14 Rule 3.06.3 – Satisfactory and outstanding performance ......................................................................... 14 Rule 3.06.4 – Unsatisfactory performance ............................................................................................... 15

REGULATION 3.07 ...................................................................................................................................... 16 Rule 3.07.1 – Internal vacancies .............................................................................................................. 16

ARTICLE IV SEPARATION FROM SERVICE ...................................................................................................................................... 16

TERMINATION OF APPOINTMENTS REGULATION 4.01 ...................................................................................................................................... 16

Rule 4.01.1 – Abandonment of post ......................................................................................................... 17

NOTICE OF TERMINATION REGULATION 4.02 ...................................................................................................................................... 17

Rule 4.02.1 – Pay in lieu of notice ........................................................................................................... 17

TERMINATION INDEMNITIES REGULATION 4.03 ...................................................................................................................................... 17

RESIGNATION REGULATION 4.04 ...................................................................................................................................... 18

RETIREMENT REGULATION 4.05 ...................................................................................................................................... 18

Rule 4.05.1 – Extension till the end of the month .................................................................................... 18 Rule 4.06.1 – Last Day for pay purposes ................................................................................................. 18 Rule 4.06.2 – Commutation of accrued annual leave ............................................................................... 19 Rule 4.06.3 – Staff member’s beneficiaries .............................................................................................. 19 Rule 4.06.4 – Payment in the event of death ............................................................................................ 19 Rule 4.06.5 – Scales of separation pay ..................................................................................................... 20 Rule 4.06.6 – Official travel on separation from service .......................................................................... 20 Rule 4.06.7 – End-of-service allowance ................................................................................................... 21 Rule 4.06.8 – Non-confirmation of a fixed-term appointment during or after the probationary period ... 23

ARTICLE V SALARIES AND ALLOWANCES ................................................................................................................................... 23

SALARIES REGULATION 5.01 ...................................................................................................................................... 23

Rule 5.01.1 – Salary increments ............................................................................................................... 24

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Rule 5.01.2 – Adjustment of salary on promotion .................................................................................... 25 Rule 5.01.3 – Special post allowance ....................................................................................................... 25 Rule 5.01.4 – Post adjustment .................................................................................................................. 26 Rule 5.01.5 – Currency of salary payments .............................................................................................. 26 Rule 5.01.6 – Salary advances.................................................................................................................. 26 Rule 5.01.7 – Deductions from salaries and other emoluments ................................................................ 26 Rule 5.01.8 – Claims for past entitlements ............................................................................................... 27

NATIONAL INCOME TAXES AND STAFF ASSESSMENT PLAN REGULATION 5.02 ...................................................................................................................................... 27

Rule 5.02.1 – Conditions for the reimbursement of national income taxes .............................................. 27 Rule 5.02.2 – Staff assessment ................................................................................................................. 28

DEPENDENCY BENEFITS REGULATION 5.03 ...................................................................................................................................... 29

Rule 5.03.1 – Dependency allowances and benefits ................................................................................. 29 Rule 5.03.2 – Definitions of dependency ................................................................................................. 31

EDUCATION GRANTS REGULATION 5.04 ...................................................................................................................................... 33

Rule 5.04.1 – Education grant benefits .................................................................................................... 34 Purposes ............................................................................................................................................. 34 Eligibility ............................................................................................................................................ 34 Costs reimbursable under the grant..................................................................................................... 34 Costs not reimbursable under the grant .............................................................................................. 35 Duration .............................................................................................................................................. 35 Amount of the grant ............................................................................................................................ 36 Further conditions ............................................................................................................................... 36 Travel ................................................................................................................................................. 37 Claims ................................................................................................................................................. 37

Rule 5.04.2 – Special education grant for disabled children .................................................................... 37

LANGUAGE ALLOWANCE REGULATION 5.05 ...................................................................................................................................... 38

Rule 5.05.1 – Language allowance ........................................................................................................... 38

HARDSHIP AND MOBILITY ALLOWANCE REGULATION 5.06 ...................................................................................................................................... 39

Rule 5.06.1 – Hardship and mobility allowance ....................................................................................... 39

NON-RESIDENT’S ALLOWANCE REGULATION 5.07 ...................................................................................................................................... 39

Rule 5.07.1 – Non-resident’s allowance ................................................................................................... 40

REPRESENTATION ALLOWANCE REGULATION 5.08 ...................................................................................................................................... 40

ARTICLE VI REPATRIATION GRANT ................................................................................................................................................. 40

REGULATION 6.01 ...................................................................................................................................... 40 Rule 6.01.1 – Repatriation grant .............................................................................................................. 41

ARTICLE VII LEAVE AND SICK LEAVE .............................................................................................................................................. 42

ANNUAL LEAVE REGULATION 7.01 ...................................................................................................................................... 42

Rule 7.01.1 – Annual leave ...................................................................................................................... 42

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HOME LEAVE REGULATION 7.02 ...................................................................................................................................... 42

Rule 7.02.1 – Home leave ........................................................................................................................ 43

SPECIAL LEAVE REGULATION 7.03 ...................................................................................................................................... 45

Rule 7.03.1 – Special leave ...................................................................................................................... 45

SICK LEAVE AND PARENTAL LEAVE REGULATION 7.04 ...................................................................................................................................... 46

Rule 7.04.1 – Sick leave ........................................................................................................................... 46 Rule 7.04.2 – Maternity leave .................................................................................................................. 49 Rule 7.04.3 – Paternity leave ................................................................................................................... 50 Rule 7.04.4 – Adoption leave ................................................................................................................... 51

ARTICLE VIII SOCIAL SECURITY ........................................................................................................................................................... 52

PENSION SCHEME REGULATION 8.01 ...................................................................................................................................... 52

Rule 8.01.1 – Participation in the United Nations Joint Staff Pension Fund ............................................ 52 Rule 8.01.2 – Pensionable remuneration, United Nations Joint Staff Pension Fund ................................ 52 Rule 8.01.3 – Participation in the Austrian Pension Insurance Scheme ................................................... 52 Rule 8.01.4 – Pensionable remuneration, Austrian Pension Insurance Scheme ....................................... 52 Rule 8.01.5 – Participation in other pension insurance schemes .............................................................. 52 Rule 8.01.6 – Participation in the Austrian Unemployment Insurance Scheme ....................................... 53 Rule 8.01.7 – The Agency’s contribution towards the cost of participation in pension and unemployment insurance schemes .................................................................................................................................... 53

REGULATION 8.02 ...................................................................................................................................... 53

HEALTH INSURANCE REGULATION 8.03 ...................................................................................................................................... 53

Rule 8.03.1 – Health insurance ................................................................................................................ 53 Rule 8.03.2 – Health insurance in case of retirement, early retirement, disability or death ..................... 54 Rule 8.03.3 – The Agency’s contribution towards the cost of participation in health insurance schemes 54

COMPENSATION IN EVENT OF DEATH, INJURY OR ILLNESS ATTRIBUTABLE TO THE PERFORMANCE OF OFFICIAL DUTIES REGULATION 8.04 ...................................................................................................................................... 54

Rule 8.04.1 – Compensation for death, injury or illness attributable to the performance of official duties ................................................................................................................................................................. 54

ARTICLE IX TRAVEL AND REMOVAL EXPENSES ......................................................................................................................... 54

TRAVEL EXPENSES REGULATION 9.01 ...................................................................................................................................... 54

Rule 9.01.1 – Official travel of staff members ......................................................................................... 55 Rule 9.01.2 – Official travel of dependants .............................................................................................. 55 Rule 9.01.3 – Combination of official travel and of official and private travel ........................................ 56 Rule 9.01.4 – Authorization for travel...................................................................................................... 56 Rule 9.01.5 – Medical and security requirements before travel ............................................................... 57 Rule 9.01.6 – Purchase of tickets ............................................................................................................. 57 Rule 9.01.7 – Route and mode of transportation ...................................................................................... 57 Rule 9.01.8 – Standard of transportation .................................................................................................. 58 Rule 9.01.9 – Travel by car ...................................................................................................................... 58 Rule 9.01.10 – Travel time ....................................................................................................................... 59

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Rule 9.01.11 – Rest periods ..................................................................................................................... 60 Rule 9.01.12 – Travel expenses ............................................................................................................... 60 Rule 9.01.13 – Subsistence allowance ..................................................................................................... 61 Rule 9.01.14 – Terminal expenses ........................................................................................................... 62 Rule 9.01.15 – Necessary additional travel expenses incurred in connection with travel ........................ 62 Rule 9.01.16 – Travel advances ............................................................................................................... 63 Rule 9.01.17 – Finalization of Travel Expenses ....................................................................................... 63 Rule 9.01.18 – Excess baggage ................................................................................................................ 63 Rule 9.01.19 – Unaccompanied shipments of personal and household effects ........................................ 64

REMOVAL OF PERSONAL AND HOUSEHOLD EFFECTS REGULATION 9.02 ...................................................................................................................................... 65

Rule 9.02.1 – Removal costs .................................................................................................................... 65 Rule 9.02.2 – Storage ............................................................................................................................... 67

ASSIGNMENT GRANT REGULATION 9.03 ...................................................................................................................................... 68

Rule 9.03.1 – Assignment grant ............................................................................................................... 68

ARTICLE X STAFF RELATIONS .......................................................................................................................................................... 69

STAFF COUNCIL REGULATION 10.01 .................................................................................................................................... 69

Rule 10.01.1 – Staff Council .................................................................................................................... 69

JOINT MANAGEMENT/STAFF BODIES REGULATION 10.02 .................................................................................................................................... 69

Rule 10.02.1 – Joint Advisory Committee ............................................................................................... 69 Rule 10.02.2 – Personnel Advisory Panels .............................................................................................. 70

ARTICLE XI DISCIPLINARY MEASURES ........................................................................................................................................... 70

MISCONDUCT REGULATION 11.01 .................................................................................................................................... 70

Rule 11.01.1 – Misconduct ...................................................................................................................... 71 Rule 11.01.2 – Disciplinary measures ...................................................................................................... 71 Rule 11.01.3 – Joint Disciplinary Board .................................................................................................. 71 Rule 11.01.4 – Suspension during investigation and disciplinary proceedings ........................................ 72

ARTICLE XII APPEALS ............................................................................................................................................................................. 72

JOINT APPEALS BOARD REGULATION 12.01 .................................................................................................................................... 72

Rule 12.01.1 – Joint Appeals Board ......................................................................................................... 72

REGULATION 12.02 .................................................................................................................................... 74 Rule 12.02.1 – Administrative Tribunal ................................................................................................... 74

ARTICLE XIII GENERAL PROVISIONS .................................................................................................................................................. 74

REGULATION 13.01 .................................................................................................................................... 74

REGULATION 13.02 .................................................................................................................................... 74

REGULATION 13.03 .................................................................................................................................... 74 Rule 13.03. 1 – Exceptions to Staff Rules ................................................................................................ 74

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REGULATION 13.04 .................................................................................................................................... 75

REGULATION 13.05 .................................................................................................................................... 75

ARTICLE XIV DEFINITIONS ..................................................................................................................................................................... 75

REGULATION 14.01 .................................................................................................................................... 75

REGULATION 14.02 .................................................................................................................................... 75

ANNEX I. TERMINATION INDEMNITIES

ANNEX II. REPATRIATION GRANT

APPENDIX A. STANDARDS OF CONDUCT FOR THE INTERNATIONAL CIVIL SERVICE

APPENDIX B. CONFIDENTIALITY UNDERTAKING

APPENDIX C(1). SALARY SCALES FOR STAFF IN THE PROFESSIONAL AND HIGHER CATEGORIES AND GENERAL SERVICE CATEGORY, AND LANGUAGE ALLOWANCES AND NON-RESIDENT'S ALLOWANCE FOR STAFF IN THE GENERAL SERVICE CATEGORY

APPENDIX C(2). DEPENDENCY BENEFITS

APPENDIX C(3). EDUCATION GRANT BENEFITS

APPENDIX C(4). HARDSHIP AND MOBILITY ALLOWANCE MATRIX

APPENDIX D. RULES GOVERNING COMPENSATION IN THE EVENT OF DEATH, INJURY OR ILLNESS ATTRIBUTABLE TO THE PERFORMANCE OF OFFICIAL DUTIES

APPENDIX E. PROVISIONS FOR PART-TIME EMPLOYMENT

APPENDIX F. ADDITIONAL COMPENSATION

APPENDIX G. PROCEDURES TO BE FOLLOWED IN THE EVENT OF REPORTED MISCONDUCT

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Responsible office: MTHR

STAFF REGULATIONS AND STAFF RULES

SCOPE AND PURPOSE

These Staff Regulations embody the fundamental conditions of service and the basic rights, duties and obligations of the Secretariat of the International Atomic Energy Agency. They set forth the broad principles of personnel policy for the staffing and administration of the Secretariat. The Director General shall promulgate and implement such Staff Rules consistent with these Regulations as he/she may consider necessary. Except as otherwise provided, these Staff Regulations and the Staff Rules shall apply to all persons appointed by the Director General as staff members pursuant to Staff Regulation 14.02.

*ARTICLE I DUTIES, OBLIGATIONS AND PRIVILEGES

REGULATION 1.01

Members of the Secretariat are international civil servants. As such, their responsibilities are not national but exclusively international. By accepting appointment, they pledge themselves to perform their duties and to regulate their conduct with the interests of the International Atomic Energy Agency (hereinafter called “the Agency”) only in view.

*REGULATION 1.02

Staff members are subject to the authority of the Director General and to assignment by him/her to any of the activities or offices of the Agency. They are responsible to him/her in the performance of their duties and they shall undertake their duties at his/her direction. The whole time of staff members shall be at the disposal of the Director General. The Director General shall establish a normal working week.

Rule 1.02.1 – Hours of work and holidays

(A) The normal working week shall consist of five working days, Monday through Friday.

(B)

(1) The normal working day at Headquarters shall consist of eight hours each day, not including a lunch break of one hour.

(2) At other duty stations, the Director General shall determine the normal working day in accordance with local practice or failing local practice, the practice of other United Nations Organizations at that duty station.

(C) The Director General may modify the normal working week, or the normal working day, or may introduce a system of flexible working hours, as the needs of the Agency require.

(D) The Director General shall decide which days are to be observed as official holidays.

(E) Subject to Staff Rule 1.02.2, staff members shall work beyond the normal working day or the normal working week whenever requested to do so.

*Rule 1.02.2 – Overtime

(A) Staff members in the General Service category who are required to work in excess of the normal working day or normal working week or outside the established time of the flexible working hours system referred to in



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Staff Rule 1.02.1 above shall be compensated for overtime worked in accordance with the provisions set forth in Appendix F to these Rules.

(1) Provisions regarding compensation for overtime in the case of staff members working part-time are also set forth in Appendix F to these Rules.

(2) Overtime should only be authorized in exceptional circumstances upon presentation of a justification based on the requirements of the service.

(3) All overtime must be authorized in advance by the Division Director concerned.

(4) When authorizing the number of hours of overtime to be worked in any one month, due regard shall be paid to the health and safety of the staff member, including any overtime worked by the staff member in the preceding month(s).

(B) Subject to the exigencies of the service, the Director General may grant such time off as he/she deems equitable to staff members in the Professional and higher categories who have been required to work substantial or recurrent periods in excess of the normal working day or normal working week or outside the established time of the flexible working hours system referred to in Staff Rule 1.02.1.

(C) Overtime for staff members working on shift duties shall be subject to Staff Rule 1.02.3 and Appendix F to these Rules.

(D) In the case of staff members in the General Service category and in the Professional and higher categories who are required to work overtime during designated events or circumstances, the Director General may decide to compensate overtime worked during these periods with other appropriate arrangements. The details and procedures in respect of compensation in such cases shall be established on a case-by-case basis.

*(E) Overtime for staff members working in the Incident and Emergency Centre (IEC) during a response to nuclear or radiological incidents or emergencies is regulated by Annex 4 to AM.II/5.

Rule 1.02.3 – Night differential

(A) A staff member assigned to a regular tour of duty any part of which falls between 8.00 p.m. and 6.00 a.m. shall be paid a night differential for work done between such hours, in accordance with the provisions set forth in Appendix F to these Rules.

(B) A night differential shall not be paid for work in respect of which compensatory time off or payment for overtime is granted.

Rule 1.02.4 – On-call duty

(A) Staff members in the General Service category who are required to carry out regular “on-call” duties shall be given one and a half days compensatory time off for each week of seven days including week-ends, provided that the week does not include official holidays.

(B) If the period of “on-call” covers a week which includes official holidays, or if the period of “on-call” does not cover a full week or a full day, compensatory time off shall be granted in accordance with the provisions set forth in Appendix F to these Rules.

Rule 1.02.5 – Difficult conditions

Staff members who are required to work under difficult conditions associated with the following assignment shall receive additional compensation in accordance with the provisions set forth in Appendix F to these Rules.



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(A) Staff members shall be entitled to danger pay while on duty travel if they are required to work in dangerous conditions, which are defined as follows:

(1) At duty stations where very dangerous conditions prevail, such as war or active hostilities, and where the evacuation of families and non-essential staff has taken place;

(2) At duty stations where no evacuation has taken place but where staff are required to work in dangerous conditions such as war where active hostilities prevail, including situations where staff are required to work on cross-border missions in dangerous areas;

(3) For performance of functional medical tasks that directly expose staff to life-threatening diseases, such as severe acute respiratory syndrome (SARS) and the Ebola virus, in the course of the performance of their duties.

(B) General Service staff members who are assigned to work in storerooms where the temperature is constantly at or below 8ºC shall be entitled to receive low temperature compensation.

*Rule 1.02.6 – Participation in the Incident and Emergency System (IES)

(A) Staff members in both the General Service and Professional categories shall participate in the Agency’s Incident and Emergency System (IES). In particular, staff members shall:

(i) Complete the Experience and Skills Survey for the IES at the time of initial appointment and periodically during their employment;

(ii) Keep their personal contact information with MTHR up to date; and

(iii) If requested by the Head of the IEC, participate in the IES training programme, including drills and exercises.

(B) During an actual nuclear or radiological incident or emergency, staff members shall:

(i) Make known to the IEC staff any experience and skills which may be helpful in responding to the particular incident or emergency; and

(ii) If requested by the Head of the IEC, participate in the response to the incident and emergency as their primary duty subject to the restrictions included in Staff Rule 1.02.2(E) and Annex 4 to AM.II/5.

REGULATION 1.03

All working papers or other Secretariat documents shall be issued under the authority of the Director General.

REGULATION 1.04

In the performance of their duties, members of the Secretariat shall neither seek nor accept instructions from any government or from any other authority external to the Agency.

REGULATION 1.05

Members of the Secretariat shall conduct themselves at all times in a manner befitting their status as international civil servants. They shall not engage in any activity which is incompatible with the proper performance of their duties with the Agency. They shall avoid any action and, in particular, any kind of public pronouncement, which may adversely reflect on their status, or on the integrity, independence and impartiality which are required by that status. While they are not expected to give up their national sentiments or their political and religious convictions, they shall at all times bear in mind the reserve and tact incumbent upon them by reason of their international status.



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Rule 1.05.1 – Standards of conduct

Staff members shall observe the standards of conduct expected of an international civil servant, as laid down in these Rules and in the Standards of Conduct for the International Civil Service contained in Appendix A to these Rules. Failure to do so may result in disciplinary measures in accordance with Staff Regulation 11.01.

Rule 1.05.2 – Outside activities and interests

(A) In engaging in outside activities, staff members must conduct themselves in accordance with the Ethics Policy contained in Appendix F to AM.II/17.

(1) Staff members shall not engage in any outside occupation or employment without prior approval of the Director General. 1

(2) The Director General may authorize staff members to engage in an outside occupation or employment if:

(a) it does not conflict with the staff member’s official functions, including his/her working time, or his/her status as an international civil servant;

(b) it is not against the interest of the Agency; and

(c) the annual earnings derived from this outside occupation or employment are nominal as compared with the staff member’s annual salary.

(3) Authorization in accordance with subparagraph (2) above shall be granted on a yearly basis. It is the duty of the staff member concerned to obtain the renewal of any such authorization.

(B) No staff member shall be actively associated with the management of, or hold a financial interest in any business concern if his/her official position with the Agency would make it possible for him/her to promote the interest of that concern or to derive additional benefit from his/her participation in that concern.

(C) Any staff member who deals in his/her official capacity with any matter involving a business concern in which he/she holds a financial interest shall disclose the nature and measure of that interest to the Director General.

(D)

(1) Subject to Staff Regulation 1.05, staff members may, within their area of competence and responsibility and provided they avoid sensitive issues, and after giving reasonable notice to the Director, Office of Public Information and Communication (DIR-OPIC), of the nature, timing and subject matter of the activity:

(a) be interviewed by the press, radio and other public information media on matters falling within their direct field of activity;

(b) accept and keep speaking engagements;

(c) submit articles, books or other material for outside publication; and

(d) take part in film, theatrical or television productions or presentations.

(2) In pursuing any of the activities referred to in subparagraphs (a) through (d) above, staff members shall make it clear that they are engaging in the activity in question in a personal capacity and not on behalf of the Agency or the Director General.

1 The forms “Request for Outside Activity” for Professional (P-83) and GS Staff (P-84) can be accessed under the MTHR templates in MS Word.



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Rule 1.05.3 – Duties of a staff member to supply information

(A) Staff members shall supply the Director General with all information relevant to their appointment which he/she may request; they shall also supply all information relating to matters anterior to their appointment which is relevant to their employment by and service with the Agency.

(B) After being appointed, staff members may be required by the Director General to supply information concerning facts relevant to their integrity, conduct and service as a staff member.

(C) A staff member shall notify the Director General in writing of any event affecting his/her status under the Staff Regulations and Rules. In particular, they shall notify the Director General regarding:

(1) any changes in his/her nationality, permanent residence status, marital status or in the dependency status of his/her family members;

(2) any arrest, indictment or summons into court as a defendant in a criminal proceeding or conviction, fine or imprisonment for the violation of any law, excluding minor traffic violations; and

(3) any error regarding his/her date of birth. A request for correction of date of birth must be submitted to the Director General and is subject to the following requirements:

(a) the request shall be submitted immediately after the discovery by the staff member of the error, provided that the staff member shows conclusively that exceptional circumstances existed which precluded his/her discovery of the error earlier;

(b) the request is submitted prior to the staff member’s separation from service; and

(c) it is at the discretion of the Director General to decide in the interests of the Agency whether or not the correction will be recognized.

Rule 1.05.4 – Financial responsibility

A staff member may be required to reimburse the Agency either partially or in full for any financial loss suffered by the Agency as a result of his/her negligence or of his/her having violated any regulation or rule or instruction set forth in an administrative issuance.

REGULATION 1.06

Members of the Secretariat shall exercise the utmost discretion in regard to all matters of official business. They shall not communicate to any person or government any information known to them by reason of their official position which has not been made public, except in the course of the performance of their duties or by authorization of the Director General. They shall not at any time use such information to private advantage and they shall not at any time publish anything based thereon except with the written approval of the Director General. These obligations shall not cease upon separation from the Secretariat.

Rule 1.06.1 – Classified information

(A) The Director General may from time to time establish:

(1) that certain classes of information be subject to special safekeeping; and

(2) procedures to be followed by staff members for the handling and release of information so classified.

(B) Non-compliance with procedures established under paragraph (A) above may inter alia result in disciplinary measures in accordance with Staff Regulation 11.01.



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(C) On appointment and upon separation, staff members shall sign the confidentiality undertakings set forth in Appendix B to these Rules.

REGULATION 1.07

All right, title and interest, including, without limitation, all copyrights and patents, in and to any material produced and invention developed by any member of the Secretariat on behalf of the Agency during his/her term of employment by the Agency shall vest in the Agency, and no member of the Secretariat shall have any personal right, title or interest whatsoever therein.

REGULATION 1.08

Members of the Secretariat shall not accept any honour, decoration, favour, gift or remuneration from any government or from any other source external to the Agency, except for war service, without first obtaining the approval of the Director General. Approval shall be granted only in exceptional cases and where such acceptance would not be incompatible with the terms of these Regulations and with the individual's status as an international civil servant.

REGULATION 1.09

Members of the Secretariat may exercise the right to vote but shall not engage in any other political activity such as standing for or holding local or national political office. This does not, however, preclude participation in local community or civic activities, provided that such participation is consistent with the obligations of an international civil servant.

REGULATION 1.10

Any privileges and immunities granted to the Agency or to members of its Secretariat are conferred in the interests of the Agency. Such privileges and immunities shall not excuse members of the Secretariat who enjoy them from performance of their private obligations or from the observance of laws and police regulations. In any case where these privileges and immunities arise, the staff member involved shall immediately report to the Director General who shall decide, in consultation where appropriate with the Board of Governors, whether they shall be waived. In the case of the Director General, the Board of Governors shall have the right to waive immunities.

REGULATION 1.11

Members of the Secretariat shall subscribe to the following oath or declaration:

“I solemnly swear (undertake, affirm, promise) to exercise in all loyalty, discretion and conscience the functions entrusted to me as an international civil servant of the International Atomic Energy Agency, to discharge these functions and regulate my conduct with the interests of the Agency only in view, and not to seek or accept instructions in regard to the performance of my duties from any government or other authority external to the Agency.”

REGULATION 1.12

The oath or declaration shall be made orally by the Director General at a public meeting of the General Conference and by all other members of the Secretariat orally before the Director General or in writing.



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ARTICLE II CLASSIFICATION OF POSTS

REGULATION 2.01

In accordance with budgetary provisions established by the General Conference, the Director General shall make appropriate provision for the classification of posts according to the nature of the duties and responsibilities required.

Rule 2.01.1 – Posts

(A) The term “post” signifies an authorization to employ a person or a succession of persons for the performance of work required by the organization. Such an authorization is either contained in the Regular Budget or in extrabudgetary resources provided for the purpose of such employment.

(B) All posts shall be subject to the classification process set forth in Staff Rule 2.01.2.

Rule 2.01.2 – Classification of posts

(A) The objective of the classification process is to ensure that posts carrying equivalent responsibilities and major duties are classified in the same category and at the same grade in the established salary scales.

(B) With due regard to the approved classification standards promulgated by the International Civil Service Commission, the Director General shall make provision for the classification of posts at appropriate grades in the following categories:

(1) Professional and higher categories;

(2) General Service category.

(C) For each post the classification shall be based on an official job description derived from the programme, setting out the functional title, organizational setting, duties and responsibilities attached to the post and qualification requirements of the post.

(D) The authority to classify and reclassify posts rests with the Director General who may delegate this authority at any time.

ARTICLE III APPOINTMENTS AND PROMOTIONS

REGULATION 3.01

The Director General shall be the chief administrative officer of the Agency, and shall be responsible for the appointment of the staff. The paramount consideration in the recruitment, employment and promotion of such staff shall be to secure employees of the highest standards of efficiency, technical competence and integrity. Subject to this consideration, due regard shall be paid to the contributions of Member States and to the importance of recruiting the staff on as wide a geographical basis as possible. Staff members shall be selected without distinction as to race, sex or religion.



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Rule 3.01.1 – Geographical distribution

Recruitment on as wide a geographical basis as possible shall apply to posts of Deputy Director General and to posts of Director, as well as to established posts in the Professional category other than those requiring special linguistic skills.

REGULATION 3.02

The Director General may appoint staff by direct appointment or on a secondment basis.

Rule 3.02.1 – Seconded staff

(A) Inter-agency loans, secondments and transfers are defined in and shall be governed by the Inter-Organization Agreement concerning Transfer, Secondment or Loan of Staff among the Organizations applying the United Nations Common System of Salaries and Allowances.

(B) During their period of secondment to the Agency under the above mentioned Agreement, individuals shall be considered as staff members of the Agency for the purposes of these Staff Regulations and Staff Rules.

REGULATION 3.03

(a) The Agency shall be guided by the principle that its permanent staff shall be kept to the minimum compatible with the efficient operation of the Agency.

(b) Appointments of officials of the rank of Deputy Director General or equivalent shall normally be for a period of not more than five years, subject to extension or renewal. Other staff members shall be granted fixed-term appointments each for a period of not more than five years, or short-term appointments subject to extension or renewal.

(c) Initial fixed-term appointments shall be subject to a period of probation, the normal duration of which shall be, subject to Staff Regulation 4.01 (d), one year. The Director General may decide that previous service under any other type of appointment may count towards the probationary period. After successful completion of the probationary period the fixed-term appointment shall be confirmed by the Director General in writing.

(d) A fixed-term appointment may be extended or renewed at the discretion of the Director General, if the staff member is willing to accept such extension or renewal. At no time, however, shall such an appointment be deemed to carry any expectation of or right to extension, renewal or conversion to another type of appointment.

(e) Appointments may be granted on a full-time or part-time basis. The Director General shall make provisions for the reduction of salaries, allowances and other entitlements for staff members working part-time in accordance with the ratio part-time employment bears to full-time employment.

Rule 3.03.1 – Types of appointment

(A) Staff members of the Agency shall serve under one of the following types of appointment:

(i) Fixed-term appointment;

(ii) Temporary-assistance appointment; or

(iii) Short-term appointment.

(B) Appointments under any of the three aforementioned types are at the discretion of the Director General. When deciding on an appointment in an individual case, the Director General will take into account the type and duration of the functions to be performed, the nature of the proposed appointment and the best interests of the Agency, subject to Staff Regulation 3.01. Submissions to the Director General of proposals for appointment do not carry any expectation of their eventual approval.



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Maximum tour of service in the Professional and higher categories

(C) The maximum tour of service for staff members appointed in the Professional or higher categories shall normally be seven years, subject to the extension of fixed-term appointments on a long-term basis, in exceptional cases, in accordance with paragraph F(3) below.

(D) In calculating the duration of a staff member’s tour of service, the Agency shall take into account all three types of appointments in the Professional and higher categories and all engagements under AM.II/11 without an interruption of more than twelve months between such appointments or engagements. A new tour of service can, therefore, only start after a period of at least twelve months without any appointment or engagement, regardless of whether the new position would be outside the staff member’s former Department or Division and/or unrelated to the staff member’s former appointment or engagement.

(E) Upon completion of the maximum tour of service, a staff member shall, for a period of twelve months after the date of his/her separation from service, be ineligible for reappointment in accordance with Staff Regulation 3.03 or for an engagement under AM.II/11.

Fixed-term appointments

(F) Fixed-term appointments may be issued for established posts and for periods each not exceeding five years.

Professional and higher categories

(1) An initial fixed-term appointment in the Professional and higher categories shall normally be for a period of three years, whereby normally the first year shall be subject to a period of probation as set out in Staff Regulation 3.03(c).

(2) The initial fixed-term appointment may be extended or renewed, subject to the maximum tour of service, normally for periods of two years taking into account the following criteria:

(i) The need for continuity in the specific functions assigned to the staff member’s post;

(ii) The availability of funding;

(iii) The staff member’s conduct and performance; and

(iv) The best interests of the Agency.

(3) An extension of a fixed-term appointment beyond the maximum tour of service may, in exceptional cases, be granted on a long-term basis, for staff members on established posts, for periods of each five years, normally until the staff member’s retirement, subject to the criteria set out in paragraphs (2)(i), (ii) and (iv) above, and the following additional criteria:

(i) The conduct and performance of the staff member must have been of the highest degree of excellence; and

(ii) The staff member’s technical qualifications and expertise are useful for the total duration of his/her expected service with the Agency.

(4) An extension of a fixed-term appointment under paragraph (3) above is at the discretion of the Director General, who will assess whether the criteria listed therein are satisfied, subject to the requirement in the Statute to keep permanent staff to a minimum.

(5) The provisions of paragraphs (1)–(4) shall also apply to staff members appointed to the Professional or higher categories who were previously appointed in the General Service categories. Staff members who held a five-year fixed-term appointment in the General Service category immediately prior to their appointment in the Professional or higher categories shall be entitled, upon the expiration of their appointment in those categories, to return to a post in the General Service categories:



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(i) With a five-year fixed-term appointment, or a contract until their retirement age, whichever is the shorter;

(ii) At the same grade they held immediately prior to appointment to the Professional or higher categories; and

(iii) With an additional step for each salary increment granted during the staff member’s service in the Professional or higher categories or, if applicable, recognition of service for the purposes of Staff Rule 5.01.1(A)(2).

General Service category

(6) An initial fixed-term appointment in the General Service category shall normally be for a period of three years, whereby normally the first year shall be subject to a period of probation as set out in Staff Regulation 3.03(c).

(7) The initial fixed-term appointment may be extended or renewed, normally for a period of two years, taking into account the following criteria:

(i) The need for continuity in the specific functions assigned to the staff member’s post;

(ii) The availability of funding;

(iii) The staff member’s conduct and performance; and

(iv) The best interests of the Agency.

(8) Upon reaching a total period of service of five years, the appointment may be extended on a long-term basis for periods of each five years, subject to the criteria of paragraph (7) above, normally until the staff member’s retirement age. Any periods of unpaid leave of more than three months shall not count towards the period of qualifying service.

Temporary-assistance appointments

(G) Temporary-assistance appointments may be issued, normally for the purpose of staffing a project or other programmatic activity for which service is expected to be required for a period of at least one year. A temporary-assistance appointment shall not carry any expectation of, or right to extension, renewal or conversion to another type of appointment.

Competitive recruitment

(1) An initial temporary-assistance appointment, after a competitive recruitment process in accordance with AM.II/3, shall be for a period of no less than one year but in no event for more than three years, whereby normally the first year shall be subject to a period of probation as set out in Staff Regulation 3.03(c);

(2) The initial temporary-assistance appointment may be extended or renewed, taking into account the criteria of paragraph (F)(2) above, provided that the total period of service on consecutive temporary-assistance appointments does not exceed a period of five years, subject to the maximum tour of service of seven years applicable to staff members at the Professional and higher categories;

Non-competitive recruitment

(3) An initial temporary-assistance appointment after a non-competitive recruitment process shall be for a period of no less than one year but in no event for more than two years, whereby normally the first year shall be subject to a period of probation as set out in Staff Regulation 3.03(c);

(4) The initial temporary-assistance appointment may be extended or renewed, taking into account the criteria of paragraph (F)(2) above, provided that the total period of aggregate service under non-competitive appointments and, if applicable, engagements under AM.II/11, without an interruption of



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twelve months or longer between such appointments or engagements, does not exceed two years. Upon reaching two years of aggregate service, the staff member shall, for a period of twelve months, be ineligible for reappointment, unless this is the result of a competitive recruitment process, and ineligible for an engagement under AM.II/11, subject to the maximum tour of service of seven years applicable to staff members at the Professional and higher categories.

Short-term appointments

(H) Short-term appointments may be issued for the purpose of staffing a project or other programmatic activity for which service is expected to be required for a period of less than one year. A short-term appointment shall not carry any expectation of, or right to extension, renewal or conversion to another type of appointment.

(1) An initial short-term appointment shall be for a period of less than one year.

(2) The initial short-term appointment may be extended or renewed, taking into account the criteria of paragraph (F)(2) above, provided that the total period of aggregate service under non-competitive appointments and, if applicable, engagements under AM.II/11, without an interruption of twelve months or longer between such appointments or engagements, does not exceed two years. Upon reaching two years of aggregate service, the staff member shall, for a period of twelve months, be ineligible for reappointment, unless this is the result of a competitive recruitment process, and ineligible for an engagement under AM.II/11, subject to the maximum tour of service of seven years applicable to staff members at the Professional and higher categories.

(3) Staff members holding short-term appointments are subject to the Special Staff Rules for Short-Term Staff Members set forth in AM.II/12.

Conversion of appointments

(I) If an appointment listed in paragraph (A) above is converted into, or followed without interruption by, another type of appointment listed in paragraph (A) above, all entitlements due under the new type of appointment shall be calculated as of the effective date of the new appointment, except when determining step increments, for which preceding periods of continuous service under one or more temporary-assistance or short-term appointments shall be taken into account.

Rule 3.03.2 – Local and non-local status in the General Service category

(A) As a rule, staff members in the General Service category shall be recruited from within the country of the duty station and shall have local status.

(B) The local or non-local status respectively shall be indicated in the staff member's letter of appointment.

(C) Staff members in the General Service category may, exceptionally, be recruited from outside the country of the duty station and have non-local status, provided that they:

(1) are appointed to a post which has been determined by the Director General to require special skills; and

(2) possess such special skills which are not available locally.

(D) If, upon his/her request, a staff member having non-local status is transferred to a post which does not require special skills as defined in paragraph (C)(1) above, he/she will lose his/her non-local status.



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Rule 3.03.3 – Nationality

(A) For the purpose of the application of the Staff Regulations and the Staff Rules, the Agency shall not recognize more than one nationality for each staff member, which will normally not be changed during his/her tenure with the Agency.

(B) When a staff member has been legally accorded nationality status by more than one country, the staff member's nationality for the purpose of the Staff Regulations and the Staff Rules shall be the nationality of the country with which the staff member, in the opinion of the Director General, has the closest ties. In establishing the country with which the staff member has the closest ties, the Director General will give due regard to family, cultural, work-related and other ties, as informed by the staff member.

Rule 3.03.4 – International recruitment

(A) Staff members in the General Service category who have non-local status, and all staff members in the Professional and higher categories, with the exception of those staff members who have the nationality of the country of their duty station as their nationality recognized by the Agency for the purpose of the application of the Staff Regulations and the Staff Rules, shall be considered to be internationally recruited.

(B) The allowances and benefits available to internationally recruited staff members may include: payment of travel expenses upon appointment and separation for themselves; their spouses and dependent children; removal of personal and household effects; home leave; education grant; education grant travel; rental subsidy; repatriation grant; and non-resident’s allowance for non-local General Service staff members who were in receipt of such an allowance on 31 August 1983.

Rule 3.03.5 – Family relationships and spouse employment

(A) An appointment shall not be granted to a person who bears any of the following relationships to a staff member: father, mother, son, daughter, brother or sister.

(B) The spouse of a staff member may be appointed provided that he/she is:

(1) A well-qualified candidate for the post for which he/she is being considered; and

(2) Not given any preference by virtue of his/her relationship to the staff member.

(C) A staff member who is the spouse of another staff member:

(1) Shall not be assigned to serve in a post which is superior or subordinate in the line of authority to that of his/her spouse or which could lead to financial collusion between the two; and

(2) Shall disqualify himself/herself from participating in the process of reaching or reviewing an administrative decision affecting the status or entitlements of his/her spouse.

(D) The marriage of one staff member to another shall not affect the contractual status of either spouse but their entitlements and other benefits shall be modified as provided in the relevant Staff Regulations and Rules. The same modifications shall apply in the case of a staff member whose spouse is a staff member of another organization participating in the United Nations Common System. Where both spouses are staff members and maintain separate households because they are assigned to different duty stations, the Director General may decide to maintain such separate entitlements and other benefits, provided that this is not inconsistent with any Staff Regulation.

REGULATION 3.04

The Director General shall establish appropriate medical standards which prospective staff members shall be required to meet before appointment.



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Rule 3.04.1 – Medical examinations

(A) All offers of appointment shall be made subject to a satisfactory medical clearance from the Medical Director. Should the medical clearance not be satisfactory, the Director General may cancel the offer of appointment or amend its terms.

(B) Staff members shall, during their employment, be re-examined by a Medical Officer in accordance with the medical standards as established by the Director General.

(C) Before any travel for the Agency, a staff member shall have such immunizations as the Medical Director shall prescribe.

(D) Any immunization and any medical examination required by the Agency shall be at its expense.

LETTER OF APPOINTMENT REGULATION 3.05

Upon appointment each staff member shall receive a letter of appointment signed by the Director General or his/her authorized representative. The letter of appointment shall state in so far as applicable:

(a) That the appointment is subject to the provisions of these Staff Regulations and the Staff Rules applicable to the category of the appointment in question, and to amendments which may be duly made to these Staff Regulations and to the Staff Rules from time to time;

(b) The nature of the appointment;

(c) The date on which the staff member is required to enter upon his/her duties;

(d) The period of appointment, the notice required to terminate it and period of probation, if any;

(e) The terms of remuneration; and

(f) Any special conditions which may be warranted to cover exceptional circumstances.

A copy of these Staff Regulations and of the Staff Rules promulgated pursuant thereto shall be transmitted to each staff member with his/her letter of appointment. In accepting appointment, each staff member shall state that he/she accepts the terms and conditions laid down in these Staff Regulations and in the Staff Rules.

Rule 3.05.1 – Transmission of Staff Regulations and Rules by electronic data transfer

(A) Transmission of these Staff Regulations and Rules as well as of administrative issuances to the staff may be made through the use of electronic data transfer.

(B) The Staff Regulations and Staff Rules as well as administrative issuances shall be transmitted in documentary form to those staff members who do not have access to electronic data transfer.

(C) The transmission of these Staff Regulations and Rules as well as of administrative issuances in the manner provided for in paragraphs (A) and (B) above shall be considered to meet the requirements of Staff Regulation 3.05 and shall constitute notification of the staff member concerned.

Rule 3.05. 2 – Terms of appointment

The letter of appointment of a staff member shall contain, expressly or by reference, all the terms and conditions of employment. No staff member shall be entitled to any benefit or right not thus indicated.



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Rule 3.05. 3 – Effective date of appointment

The appointment of every staff member shall take effect from the date mentioned in the letter of appointment. This shall be the date the staff member reports for duty if locally recruited. If travel is authorized it shall normally be the date he/she enters travel status, provided that this date is not earlier than required for travel by the route and mode of transport designated by the Agency.

PERFORMANCE MANAGEMENT SYSTEM REGULATION 3.06

The Director General shall establish a system for performance management of all staff, and for the recognition of different levels of performance within the framework of the principles and guidelines recommended by the International Civil Service Commission.

Rule 3.06.1 – Performance management system

(A) All staff members up to and including the Director level shall be subject to the performance management system referred to in Staff Regulation 3.06 above.

(B) The purpose of that system is to enhance accountability and organizational effectiveness through improved work planning, communication, evaluation and staff development, and to facilitate performance-related personnel decisions.

Rule 3.06.2 – Responsibilities of the supervisor

Supervisors shall be responsible for managing the human resources under their direction. In particular, they shall establish in consultation with each staff member individual work plans which are based on programme objectives, and which include, as appropriate, quantifiable results and target dates. Supervisors must further provide staff members with regular feedback and guidance in implementing the work plans and periodically prepare formal reports of the performance and development needs of the staff members under their supervision.

Rule 3.06.3 – Satisfactory and outstanding performance

(A) A staff member whose performance meets the required level is entitled to a salary increment in accordance with Staff Rule 5.01.1.

(B) A staff member whose performance has been exceptionally meritorious because he/she has:

(1) produced work of exceptional quality and usefulness, far surpassing normal expectations;

(2) achieved outstanding productivity;

(3) contributed to reducing cost or improving the efficiency of operation; and/or

(4) developed additional work-related skills or obtained additional qualifications that are directly relevant to the area concerned;

may in addition be given a merit award under the terms and conditions specified by the Director General. The number of such merit awards granted per year in each major organizational unit shall be limited to five percent of the staff in each of the Professional and General Service categories in that unit.

(C) A staff member whose performance over a number of years has consistently exceeded the value of his/her post may be given a merit promotion under the terms and conditions specified by the Director General. The total number of such promotions shall not, at any time, exceed five percent of the established posts at each grade level.



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Rule 3.06.4 – Unsatisfactory performance

(a) When a supervisor considers that a staff member’s performance does not meet the Agency’s expectations, the problem should be addressed immediately. The supervisor should hold an initial informal meeting with the staff member and discuss the problem with him/her and advise in writing what needs to be done to resolve the problem.

(b) If the staff member subsequently does not meet the required level of performance within a reasonable period of time after the initial meeting, MTHR should be informed of the problem by the supervisor. The supervisor should have a first review meeting with the staff member and provide a first formal written warning specifying the problem with the staff member’s performance and what needs to be done to resolve the problem.

(c) Following the issuance of the first formal written warning, supervisory meetings should be scheduled normally at about two to four week intervals.

(d) If the staff member still does not meet the required level of performance within a reasonable period of time following the first formal written warning, the supervisor should have a second review meeting with the staff member and provide a second formal written warning specifying the problem with the staff member’s performance and what needs to be done to resolve the problem.

(e) Following the issuance of the second formal written warning, supervisory meetings should be scheduled normally at about two to four week intervals.

(f) If despite the measures taken above, a staff member still does not meet the required level of performance within a reasonable period of time following the second formal written warning, one of the following measures may be taken, depending on the circumstances of the particular case:

(i) Reassignment to other duties at the same grade level;

(ii) Withholding of the next step increment;

(iii) Contract extension for a shorter period;

(iv) Reassignment to lower-level duties at a lower grade level, with or without a consequent reduction in pay;

(v) Non-extension of contract; or

(vi) Termination of appointment in accordance with Staff Regulation 4.01.

The supervisor should seek the advice of MTHR regarding the proposed measure to be taken.

Prior to recommending one of the above measures, a higher-level review meeting should be convened. The purpose of this meeting is to ensure that the process followed complies with this Rule. The meeting should be constituted in the same manner as the Divisional/Departmental review that considers performance review reports, and, in addition, should include a representative from MTHR. The supervisor should provide a written report to the meeting which outlines the process followed in the case under review.

Providing the Chair of the higher-level review meeting confirms that the process has been followed, the supervisor, with the assistance of MTHR, should provide a written recommendation, through the relevant Deputy Director General to the Director General for his/her approval regarding the proposed measure to be taken.

(g) If at any stage the performance problem is resolved, the staff member should be advised verbally and in writing of the fact and no further action should be taken. A copy of the written statement that the performance problem has been resolved should be placed on the staff member’s personnel file.

(h) The staff member has the right to enlist the assistance of an appropriate third party (such as an independent mediator, Staff Counsellor, staff representative, or any trusted colleague) to represent his/her interests at any meeting at any stage after the initial meeting referred to in subparagraph (A). The supervisor has



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a right to be accompanied by a representative from MTHR at any meeting after the initial meeting referred to in subparagraph (A).

(i) These unsatisfactory performance procedures require that all parties involved act in good faith and in accordance with the standards of behaviour required of international civil servants. It is the role of MTHR to ensure that the actions taken are fair, balanced and in accordance with any relevant Staff Regulations and Rules.

(j) At each stage of the above procedures, there should be a written record of each meeting. This record, together with any formal written warnings and any supporting documentation (including relevant documented evidence), should be placed on the staff member’s personnel file, except for the record of the initial informal meeting which will only be placed on the staff member’s personnel file in the case of issuance of a formal written warning. A copy of these documents should also be given to the staff member.

(k) In the assessment of what a “reasonable period of time” under this Staff Rule is, due regard should be given to the nature of the performance problem, and an appropriate period of time selected for the staff member to address the problem. This should normally be a period of one to three months.

(l) In accordance with the Director General’s authority to reassign functions, the role of supervisor may be reassigned to a supervisor other than the staff member’s supervisor, and the role of MTHR should be reassigned if the staff member is a member of MTHR.

(m) Staff Rule 3.06.4 does not apply to staff members serving a probationary period in accordance with Staff Regulation 3.03(c).

REGULATION 3.07

In filling vacancies, subject to Staff Regulations 3.01 and 3.03 and without prejudice to the recruitment of fresh talent at all levels, the fullest regard shall be given to the qualifications and experience of persons already in the service of the Agency. The decision as to whether any vacancy shall be filled by recruitment or promotion, and in the latter event the decision as to which staff member shall be promoted, shall rest with the Director General.

Rule 3.07.1 – Internal vacancies

(A) The Director General may limit eligibility to apply for vacant posts to internal candidates.

(B) For the purpose of this Rule “internal candidates” shall mean staff members who have been previously appointed through competitive recruitment.

ARTICLE IV SEPARATION FROM SERVICE

TERMINATION OF APPOINTMENTS REGULATION 4.01

(a) The Director General may terminate the appointment of a staff member who holds a fixed-term appointment and whose probationary period has been completed, if the necessities of the service require abolition of the post or reduction of the staff, or if the staff member is, for reasons of health, incapacitated for further service, or for such other reason as may be specified in the letter of appointment.

(b) The Director General may also, giving his/her reasons therefor, terminate the appointment of a staff member who holds a fixed-term appointment and whose probationary period has been completed:

(i) If the services of the individual concerned prove unsatisfactory;



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(ii) If the conduct of the individual indicates that he/she does not meet the standards of integrity required by the Statute, the Staff Regulations and Staff Rules, the relevant administrative issuances or the Standards of Conduct for the International Civil Service;

(iii) If facts anterior to the individual's appointment and relevant to his/her suitability for employment in the Agency come to light which he/she was obliged to disclose at the time of his/her appointment, which he/she deliberately withheld or incorrectly or incompletely disclosed and which, had they been disclosed, would have precluded his/her appointment;

(iv) If the termination would be in the interest of good administration of the Agency and is agreed upon by the staff member concerned; or

(v) If a staff member abandons his/her post.

(c) No termination under subparagraph (b)(ii) and (iii) shall take effect until the matter has been considered by the Joint Disciplinary Board, except in cases of summary dismissal.

(d) In the case of all other staff members, including staff members serving a probationary period for a fixed-term appointment, the Director General may at any time terminate the appointment, if, in his/her opinion, such action would be in the interest of the Agency.

Rule 4.01.1 – Abandonment of post

Unauthorized absence by a staff member for more than fifteen working days shall be considered as abandonment of post. The appointment of a staff member who has abandoned his/her post may be terminated, provided that a reasonable attempt has been made to communicate with the staff member prior to such termination.

NOTICE OF TERMINATION REGULATION 4.02

Except in cases of summary dismissal, a staff member whose appointment is terminated by the Director General shall be given:

(a) If he/she holds a fixed-term appointment of over two years or has completed two years of service, at least three months' written notice of termination or pay in lieu thereof; or

(b) In all other instances, except for short-term appointments, at least one month's written notice of termination or pay in lieu thereof.

No notice of termination shall be required in the case of expiry at the due date of a fixed-term or short-term appointment.

Rule 4.02.1 – Pay in lieu of notice

In lieu of the notice periods, the Director General may authorize compensation calculated on the basis of the salary and allowances which the staff member would have received had the date of termination been at the end of the notice period. For staff members in the Professional and higher categories the compensation includes the net base salary plus post adjustment; for staff members in the General Service category it includes the net base salary plus language allowance, if any.

TERMINATION INDEMNITIES REGULATION 4.03

Except as otherwise provided in these Regulations, a staff member whose appointment is terminated by the Director General shall be paid, in addition to any pay in lieu of notice, an indemnity payment at the rate and under the conditions set forth in Annex I to these Regulations.



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RESIGNATION REGULATION 4.04

A staff member may resign from the Secretariat upon giving the Director General the same period of written notice as would be required for termination of his/her appointment. The Director General may, however, accept a shorter period.

RETIREMENT REGULATION 4.05

The mandatory age of separation for staff members shall be as follows:

(i) Age sixty-five years in the case of staff members appointed on or after 1 January 2014;

(ii) Age sixty-two years in the case of staff members appointed between 1 January 1990 and 31 December 2013; or

(iii) Age sixty years in the case of staff members appointed before 1 January 1990.

The Director General may, in the interests of the Agency, extend these age limits in individual cases.

Rule 4.05.1 – Extension till the end of the month

When a staff member reaches the statutory age of retirement as provided in Staff Regulation 4.05 on a date prior to the end of a month, the date of retirement shall be the end of the month.

Rule 4.06.1 – Last Day for pay purposes

(A) When a staff member is separated from service, the date on which entitlement to salary, allowances and benefits ceases shall be determined as follows:

(1) Upon resignation, the date shall be either the date of expiration of the notice period under Staff Regulation 4.04 or such other date as the Director General accepts. Staff members shall be expected to perform their duties during the period of notice of resignation, except when the resignation takes effect upon the completion of maternity leave or following sick or special leave. Annual leave shall be granted during the period of notice of resignation for brief periods only, in accordance with the exigencies of service;

(2) Upon expiration of a fixed-term appointment, the date shall be the date specified in the letter of appointment;

(3) Upon termination, the date shall be the date specified in the notice of termination;

(4) Upon retirement, the date shall be the date of retirement set forth in Staff Rule 4.05.1;

(5) Upon summary dismissal, the date shall be the date of dismissal. 2(B) When a staff member is exercising an entitlement to return travel, travel time taken in accordance with Appendix A to the Staff Travel Procedures3 shall not alter the last day for pay purposes established under paragraph A, (1), (2), (3) and (4) above.

2 Effective 19 July 2004.

3 See AM.II/9.



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Rule 4.06.2 – Commutation of accrued annual leave

If at the time of separation a staff member has accrued annual leave, he/she shall be paid in lieu thereof a sum of money equivalent to the separation pay, as defined in Staff Rule 4.06.5 for the period of such accrued leave up to a maximum of sixty working days.

Rule 4.06.3 – Staff member’s beneficiaries

(A) At the time of appointment each staff member shall designate a beneficiary or beneficiaries in a manner prescribed by the Director General. It shall be the responsibility of the staff member to notify the Director General of any revocation or change of beneficiary.

(B) In the event of the death of a staff member, all amounts standing to his/her credit, excluding those due under the Regulations of the United Nations Joint Staff Pension Fund, shall be paid to his/her designated beneficiary or beneficiaries, subject to the application of these Staff Rules. Such payment shall afford the Agency a complete release from all further liability in respect of any amount so paid.

(C) If more than one beneficiary is designated, unless the staff member has otherwise indicated on the form of designation, the share of any beneficiary or beneficiaries who may predecease the staff member shall be distributed equally among the surviving beneficiaries. If none survive, or if a designation of beneficiary has not been made or has been revoked, the entire amount standing to the staff member's credit shall be paid to his/her estate.

Rule 4.06.4 – Payment in the event of death

(A) In the event of the death of a staff member the date on which entitlement to salary, allowances and benefits ceases shall be the date of death.

(B) A death grant shall be payable to a surviving spouse or surviving dependent children, provided the deceased staff member had held an appointment for at least one year or had completed at least one year of service on his/her date of death.

(C) The death grant shall be calculated on the basis of the deceased staff member's separation pay, as defined in Staff Rule 4.06.5, at the rates in effect on the date of death, and in accordance with the following schedule:

Completed years of continuous service

(see Rule 7.03.1)

Amount of grant in terms of months of separation pay

Up to 3 3

4 4

5 5

6 6

7 7

8 8

9 or more 9

(D) For the purpose of calculating the death grant, each full month of service beyond one year shall be taken into account by adding one twelfth of the amount that would have been added for a full year.



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(E) Upon the death of a staff member, spouse or dependent child or children, the Agency shall pay the expenses of transporting the remains from the duty station or, in the event of death having occurred while on official travel, from the place where death occurred to a place which the staff member, his/her spouse or dependent child or children were entitled to be repatriated. Such expenses shall include reasonable costs for preparation of the body. If local interment is elected, reasonable expenses for the interment may be reimbursed. Such expenses shall further include costs for cremation, if applicable.

(F) In addition, the Agency shall bear the cost of a round trip (in accordance with the normal travel standards) for the widowed staff member of widowed spouse and/or child or children in full time education up to the age of 25 years from the duty station to the place of repatriation to enable them to accompany the remains and make necessary arrangements.

Rule 4.06.5 – Scales of separation pay

For the calculation of entitlements on separation from service under Annex I and Annex II to the Staff Regulations and under Staff Rules 4.06.2 and 4.06.4 the following scales shall apply:

(A) For staff members in the Professional and higher categories:

(1) the net base salary at the date of separation, for entitlements under Annex I and Annex II to the Staff Regulations and Staff Rule 4.06.4; and

(2) the net base salary plus post adjustment at the date of separation, for entitlements under Staff Rule 4.06.2; and

(B)4 For staff members in the General Service category the net base salary plus language allowance, if any.

Rule 4.06.6 – Official travel on separation from service

(A) Upon separation from service of an internationally recruited staff member, the Agency shall pay his/her travel expenses:

(1) From the duty station to the place from which he/she was recruited, or

(2) If he/she had a fixed-term appointment for two years or longer or had completed not less than two years of continuous service, from the duty station to the place the Agency may recognize as his/her country of home leave for the purpose of home leave under Staff Rule 7.02.1, or

(3) From the duty station to another destination, provided that the travel expenses to be borne by the Agency shall not exceed the amount that would have been payable had he/she returned to the place of recruitment or home leave.

(B) An internationally recruited staff member shall be entitled to the following benefits:

(1) Return travel expenses for himself/herself and his/her spouse and dependent child or children in accordance with Staff Rule 9.01.8; or

(2) A lump sum payment of 75 per cent of the lowest full economy air fare by the most direct route between the staff member’s duty station and the airport (with published fares) nearest to the place of recruitment or home leave for making his/her own individual travel arrangement.

(3) The lump sum referred to in subparagraph (2) above is deemed to cover all expenses related to travel on separation from service except for those related to the removal of personal and household

4 Staff members who were in receipt of a non-resident’s allowance on 31 August 1983 will have the net amount of that allowance included in their separation pay under these Rules if this allowance is still payable on separation in accordance with Staff Rule 5.07.1.



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effects under Staff Regulation 9.02 or to unaccompanied shipment of personal and household effects under Staff Rule 9.01.19 (A).

(4) Travel time in accordance with Appendix A of the Staff Travel Procedures5.

(C) An internationally recruited staff member who resigns before completing one year of service shall not normally be entitled to any payment for return travel for himself/herself or his/her spouse or dependent child or children.

(D) Entitlement to return travel expenses shall cease if travel has not commenced within two years after the date of separation from service. However, where both spouses are staff members of the Agency, or in the case of a staff member whose spouse is a staff member of another organization applying the entitlements and benefits of the United Nations Common System, and the spouse who separates first is an Agency staff member and is entitled to return travel expenses, his/her entitlement shall not cease until two years after the date of separation of the other spouse. Where both spouses are entitled to return travel expenses on separation from service, return travel expenses shall be paid for each staff member only once.

Rule 4.06.7 – End-of-service allowance

(A) Staff members in the General Service category at Headquarters, who entered on duty before 1 May 2012, under a fixed-term appointment shall be eligible for an end-of-service allowance as set out in sub-paragraphs (1) to (8), as well as paragraphs (B) and (C) below:

(1) upon expiration of contract after three or more years of continuous service with the Agency, unless an extension has been offered by the Agency and declined by the staff member;

(2) upon retirement, including early retirement, after three or more years of continuous service with one or more of the United Nations Common System organizations in Vienna;

(3) upon termination of contract, including agreed termination and termination for health reasons, after three or more years of continuous service with the Agency:

(a) If the staff member was appointed before 11 April 1989, the termination indemnity, and the end-of-service allowance to the extent that it exceeds that part of the termination indemnity attributable to the period of service after 11 April 1989, shall be paid.

(b) if the staff member was appointed after 11 April 1989, the termination indemnity, and the end-of-service allowance to the extent that it exceeds the amount of the termination indemnity, shall be paid;

(4) upon death after three or more years of continuous service with the Agency. Either the death grant or half of the end-of-service allowance, whichever is higher in amount, shall be paid to a surviving spouse or, in the absence thereof, to a surviving dependent child or children;

(5) upon resignation after childbirth, after five or more years of continuous service with the Agency provided the staff member resigns within the period of paid maternity leave. If special leave without pay subsequent to maternity leave has been granted, provided the staff member resigns at the latest three months prior to the expiry of such special leave. In both cases, half of the allowance, up to a maximum of three months' salary shall be paid;

(6) upon resignation after three or more years of continuous service with the Agency to join another United Nations Common System organization without break of service;

(7) upon promotion to the Professional category, after three or more years of continuous service with the Agency. The end-of-service allowance shall be paid at the time of promotion. If the staff member

5 See AM.II/9.



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returns to the General Service category at Headquarters pursuant to Staff Rule 3.03.1(F)(5), the calculation of his/her end-of-service allowance upon final separation will be based on the total period of qualifying service. However any amount paid on promotion will be deducted from the final entitlement; or

(8) upon transfer to another Agency duty station, after three or more years of continuous service with the Agency. The end-of-service allowance shall be paid at the time of transfer. If the staff member returns to Headquarters, the calculation of his/her end-of-service allowance upon final separation will be based on the total period of qualifying service. However any amount paid on transfer will be deducted from the final entitlement.

(B) An end-of-service allowance is not payable in cases of:

(1) summary dismissal; or

(2) abandonment of post; or

(3) resignation except for reasons specified in paragraph (A)(5) and (6) above.

(C) The end-of-service allowance shall be calculated on the basis of completed years of continuous service at Headquarters after 1 October l987 in terms of monthly net base salary during the last month of service, plus language allowance and non-resident's allowance, if any, according to the following scale:

Completed years of continuous service

at Headquarters (see Rule 7.03.1)

Amount of allowance in terms of monthly amounts as set forth in

paragraph (C) above

3 2

5 3

10 4

15 6

20 9

25 or more 12

(D) Staff members in the General Service category at Headquarters, who entered on duty on or after 1 May 2012, under a fixed-term appointment shall be eligible for an end-of-service allowance in the form of a lump sum equal to 2% of the final monthly net base salary (plus language allowance and non-resident’s allowance, if applicable) multiplied by the total number of months of completed service starting with the second month of service, as set out below:

(1) upon separation from service, including resignation;

However, at the time of separation, payment of the end-of-service allowance may be deferred upon the staff member’s request for a maximum period of six months. During this period, the amount of end-of-service allowance payable shall be held by the Agency in abeyance and no interest shall accrue on the amount. At the end of that six-month period, if the former staff member has not commenced another appointment with the Agency that provides an entitlement to an end-of-service allowance, the end-of-service allowance held in abeyance by the Agency shall be paid to the former staff member. However, if at any time during that six-month period the former staff member commences a new appointment with the Agency that provides an entitlement to an end-of-service allowance, the sum held in abeyance by the Agency will continue to be held and the calculation of the staff member’s end-of-service allowance upon



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final separation, or separation that lasts longer than six months, shall be based on the total period of qualifying service at the Agency, less the period of any break(s) of six months or less.

(2) upon death in service. Either the death grant or half of the end-of-service allowance, whichever is higher, shall be paid to a surviving spouse or, in the absence thereof, to a surviving dependent child or children;

(3) upon promotion to the Professional category. The end-of-service allowance shall be paid at the time of promotion. If the staff member returns to the General Service category at Headquarters pursuant to Staff Rule 3.03.1(C)(7), the calculation of his/her end-of-service allowance upon final separation will be based on the total period of qualifying service. However any amount paid on promotion will be deducted from the final entitlement;

(4) upon transfer to another duty station. The end-of-service allowance shall be paid at the time of transfer. If the staff member returns to Headquarters, the calculation of his/her end-of-service allowance upon final separation will be based on the total period of qualifying service. However any amount paid on transfer will be deducted from the final entitlement; or

(5) upon termination of contract, including agreed termination and termination for health reasons, to the extent that the end-of-service allowance exceeds the amount of the termination indemnity.

(E) Staff members who are eligible for an end-of-service allowance under paragraphs (A) to (C) above may freeze their entitlement under these provisions on a certain agreed date and switch as of that date to the system set out in paragraph (D) above. In this case, the staff member’s entitlement under paragraphs (A) to (C) above would continue to be governed by the provisions specified in these paragraphs, the amount of which shall be calculated based on the period of service up to the agreed date of the switch, but based on the last salary in service. The total amount of the end-of-service allowance payable in this case shall in no case exceed 12 months of net base salary (plus language allowance and non-resident’s allowance, if applicable). Staff members may exercise this one-time option by 30 April 2013; the actual agreed date of the switch may be any date up to 30 April 2017.

Rule 4.06.8 – Non-confirmation of a fixed-term appointment during or after the probationary period

A staff member who is subject to a period of probation in accordance with Staff Regulation 3.03 (c), and either Staff Rule 3.03.1 (C)(2) or Staff Rule 3.03.1 (C)(8), shall not be entitled to termination indemnity in the event that his/her appointment is terminated as a consequence of a non-confirmation during or after the probationary period. However, if relevant, travel and shipment/removal entitlements as well as repatriation grant shall be applied.

ARTICLE V SALARIES AND ALLOWANCES

SALARIES REGULATION 5.01

(a) The gross base salary scale for each grade in the Secretariat in the Professional and higher categories as well as the gross base salary scale applicable at the Agency's headquarters for each grade in the General Service category shall be promulgated by the Director General with the approval of the Board of Governors; such salary scales applicable elsewhere shall be promulgated by the Director General. The initial rate of salary of each staff member shall be at a rate within the scale for his/her grade.

(b) The net base salaries of staff in the Professional and higher categories shall be adjusted in order to take account of cost-of-living variations at different duty stations by a post adjustment the amount of which shall be determined in accordance with the terms and conditions promulgated by the International Civil Service



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Commission. The Director General may authorize rental subsidies or rental deductions as part of the post adjustment system in accordance with the terms and conditions promulgated by the International Civil Service Commission.

(c) The Director General shall make arrangements for salary increments within the scales referred to in paragraph (a) above, based on staff members’ qualifications and performance. The Director General may also establish a long-service increment for staff members in the General Service category.

Rule 5.01.1 – Salary increments

(A) A staff member whose performance meets the required level is entitled to annual salary increments in accordance with the scales promulgated by the Director General (see Appendix C (1)), except that:

(1) The period of performance that meets the required level needed for increments to step XII in grade P-2, steps XIV and XV in grade P-3, steps XIII to XV in grade P-4, steps XI to XIII in grade P-5, steps V to IX in grade D-1, and steps II to VI in grade D-2 shall be two years; and

(2) A pensionable long-service increment may be paid to staff members in the General Service category who have been at the top step of their grade for a minimum of five years and have completed twenty years of continuous and satisfactory service within the United Nations Common System.

(B)

(1) A staff member serving a probationary period under an initial fixed-term appointment shall become eligible for a salary increment only after his/her appointment has been confirmed.

(2) In case of a transfer under the Inter-Organization Agreement concerning Transfer, Secondment or Loan of Staff among the Organizations applying the United Nations Common System of Salaries and Allowances, the cycle to which the transferred staff member was subject at the releasing organization shall be maintained.

(C)

(1)6 If, in accordance with Staff Rule 3.06.4 (E)(1), the decision is taken to withhold the next step increment of a staff member, he/she shall be informed in advance, in writing, of the action that is to be taken and the reason why the increment will be withheld.

(2) An increment which was previously withheld shall be granted once the performance of the staff member meets the required level, but the increment shall not be granted retroactively, as from the date it was originally due.

(3) In the case of a staff member whose step increment was withheld because his/her performance did not meet the required level, the date of the subsequent step increment shall be reckoned by reference to the date the withheld increment was originally due, irrespective of the date on which the salary increment which was withheld was finally granted.

(D) In cases of periods of leave with partial pay or without pay exceeding one month, the increment shall be postponed by the duration of such leave.

(E) Service, for purposes of salary increment, shall be counted from the first day of the month during which the later of the following actions took place:

(1) Entrance on duty.

(2) Last salary increment.

6 Effective 8 November 2004.



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Rule 5.01.2 – Adjustment of salary on promotion

(A) On promotion, except promotion from the General Service category to the Professional category, a staff member shall enter the new grade level at the lowest step which represents an increase in net base salary at least equal to the increase which would have resulted from the next two salary increments in the old grade level. When a staff member is promoted from either of the top two steps of the old grade level, the increase shall be equivalent to twice the final salary increment. If the promotion takes effect in the same month during which a salary increment becomes due in accordance with Staff Rule 5.01.1, such salary increment shall be taken into account in determining the old grade level referred to in the preceding sentence. In all cases of promotion the cycle for the normal step increment shall remain unaffected.

(B) When a staff member is promoted from the General Service category to the Professional category, he/she shall enter the new grade level at the lowest step which represents an increase in emoluments at least equal to the increase which would have resulted from the next two salary increments in the old grade level or in the case of a staff member who is promoted from either of the top two steps of the old grade level, an increase equivalent to twice the final salary increment. For the purpose of this Rule, emoluments shall mean net base salary plus non-resident's allowance and/or language allowance, if any, in the General Service category and net base salary plus post adjustment at the single rate in the Professional category.

(C) If, as a result of promotion from the General Service category to the Professional category, the relevant net base salary plus post adjustment is lower than the staff member’s emoluments in local currency, as defined in paragraph (B) above, in the last month of service in the General Service category, the latter amount shall be frozen until such time as the staff member’s relevant net base salary plus post adjustment in the Professional category matches or exceeds that amount.

Rule 5.01.3 – Special post allowance

(A)

(1) Staff members are expected to assume for short periods, as a normal part of their work and without extra compensation, the duties and responsibilities of posts at a higher level.

(2) If, however, a staff member has been officially assigned the full range of duties and responsibilities of a post at a higher level for a temporary period of at least three months and has satisfactorily performed those duties and responsibilities during those three months, a special non-assessable, non-pensionable post allowance, backdated to the beginning of the assignment, will be paid to the staff member.

(3) The amount of this allowance paid shall normally be equivalent to the net base salary increase (including post adjustment, hardship and mobility allowance and dependency allowances, if any) which the staff member would have received had he/she been promoted to a higher salary level. The cycle for the normal step increment shall remain unaffected.

(B) A special post allowance shall not be granted unless the post to which the staff member is detailed is an authorized post7.

(C) Payment of a special post allowance shall be discontinued if the staff member receiving the special post allowance is absent on any type of leave for a period exceeding one month.

7 See Staff Rule 2.01.1 (A).



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Rule 5.01.4 – Post adjustment

(A) Post adjustments under Staff Regulation 5.01(b) shall be applied to the net base salaries of staff members in the Professional and higher categories who are assigned for one year or more to a duty station to which a post adjustment is applicable.

(B) The amounts of post adjustment shall be determined by multiplying 1 per cent of the staff member's net base salary by the post adjustment multiplier established by the International Civil Service Commission for the duty station concerned.

(C) A staff member who is assigned to a duty station classified lower than the duty station in which he/she has been serving may continue to receive for a reasonable period the post adjustment applicable to the latter duty station if his/her dependent spouse and/or dependent child or children remain there.

(D) A rental subsidy may be paid in addition to the post adjustment or rental deductions may be made from the post adjustment in accordance with the terms and conditions established by the International Civil Service Commission for that purpose.

Rule 5.01.5 – Currency of salary payments

(A) All salaries and allowances shall be payable in the currency of the duty station. However, internationally recruited staff members may be paid a proportion of their total emoluments in a currency other than that of their duty station or transfer a proportion in the currency of the duty station to another country with the same currency. All staff shall be entitled to transfer a proportion of their emoluments in US dollars to a bank designated by the Director General. The Director General shall from time to time determine the proportion which may be so paid or transferred.

(B) An allotment in a currency other than that of the duty station, in excess of the established proportion may be authorized by the Director General if the staff member supplies evidence of commitments in the amount requested or if special circumstances warrant such an allotment. The allotment shall be subject to periodic review.

Rule 5.01.6 – Salary advances

(A) Normally, the Agency gives no salary advances and staff members who need financial assistance should approach their banking institutions or refer their case to the Staff Assistance Fund. However, in exceptional and compelling circumstances when funds are needed prior to pay-day, a staff member’s salary may be advanced to him/her at the discretion of the Director General.

(B) An advance shall be liquidated by deduction from the next month's salary.

(C) The request for a salary advance8 must be addressed by the staff member to the Director, Division of Human Resources for approval.

Rule 5.01.7 – Deductions from salaries and other emoluments

Salaries and other emoluments are subject to the following deductions:

(A) For the staff member's contributions to the United Nations Joint Staff Pension Fund, based on the staff member's pensionable remuneration as defined in Staff Rule 8.01.1, and/or to the Austrian Social Security System;

8 The form “Request for Salary Advance” (P-82) can be accessed under the MTHR templates in MS Word.



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(B) For health insurance schemes and other contributions for which provision may be made under these Rules;

(C) For indebtedness to the Agency;

(D) For indebtedness to third parties, in particular in cases of child support or other family related financial obligations, when a deduction for this purpose is authorized by the Director General. Such deductions may only be made up to the maximum amount of 33 per cent of the total net emoluments;

(E) For any periodic grant or allowance payable from a public source outside the Agency, in respect of a child recognized by the Agency as a dependant under Staff Rule 5.03.2 (B) and (C), in accordance with Staff Rule 5.03.1 (D); or

(F) As otherwise authorized by the staff member and agreed by the Agency.

Rule 5.01.8 – Claims for past entitlements

(A) No staff member shall be entitled to receive any payments which, although entitled to, he/she has not received, unless he/she claims such payment in writing within two years from the date on which such payment would have become due.

(B) Payments or other benefits which a staff member, although not entitled to, has received in good faith, may be reclaimed by the Agency only within two years from the date on which such payment was made or such benefits were granted.

NATIONAL INCOME TAXES AND STAFF ASSESSMENT PLAN REGULATION 5.02

(a) The salaries provided for in the scales referred to under Staff Regulation 5.01 (a), and all other emoluments paid by the Agency, are deemed to be exempt from national income taxes. Should such taxes be levied, they will, unless otherwise specified in the letter of appointment, be reimbursed by the Agency.

(b) The Director General may introduce amendments to the staff assessment plan in accordance with recommendations of the International Civil Service Commission approved by the General Assembly, by which the salaries of staff members may be made subject to deductions, i.e. staff assessment by the Agency in lieu of national income taxation.

Rule 5.02.1 – Conditions for the reimbursement of national income taxes

(A) Income taxes levied on income received from the Agency will be reimbursed subject to the following conditions:

(1) Claims for reimbursement shall be submitted on forms provided by the Agency, shall be accompanied by all documents and information required by the Agency to perform all necessary reimbursement computations and to verify the computation and payment of the tax, and shall contain an undertaking that the Agency will be notified promptly of any subsequent increases or decreases of tax liability that might require adjustment of the reimbursement.

(2) The staff member shall avail himself/herself of the opportunities provided by law to minimize his/her liability for taxes. For this purpose he/she shall cooperate faithfully with the Agency.

(3) The staff member shall claim any available exemptions, especially with respect to persons for whom the staff member receives a dependency allowance, education grant or similar benefit.

(B) The staff member shall repay to the Agency:



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(1) Any part of an advance or reimbursement which exceeds his/her final tax liability, due to a subsequent reduction in tax liability or otherwise, and

(2) The appropriate part of the interest received upon the refund of taxes that had been reimbursed by the Agency.

(C) In addition to any other restrictions in the letter of appointment, the following types of payment shall not be reimbursed:

(1) Except as provided in Staff Regulation 8.02, payments which are made with respect to a social security or similar system and which, even if denominated as taxes, may serve to increase the benefits the staff member might receive from the system;

(2) Taxes imposed on payments made by the Agency with respect to representation or travel, except to the extent that the corresponding expenditures actually incurred by the staff member may not legally be deducted in computing the tax on such payments;

(3) Interest or penalties on overdue taxes or legal or court costs incurred with respect to taxes, except if they are incurred at the request and with the written permission of the Agency;

(4)9 Tax on non-Agency income.

(D) Staff members required to pre-pay taxes on an estimated or current basis may receive advances to cover such payments, calculated in accordance with this Rule.

(E)10 A staff member who is required to pay a higher rate of income tax on non-Agency income as a result of his/her Agency income will be reimbursed the difference between the total taxes paid and the amount of income tax that would be paid if Agency income were excluded.

Rule 5.02.2 – Staff assessment

(A) Staff assessment at the rates and under the conditions set out below shall be deducted from gross base salaries.

(B) The staff assessment shall be calculated as follows:

(1)

(a) For staff members in the Professional and higher categories (in US dollars):

(i) Staff assessment rates for those with a dependent spouse or a dependent child

Assessable income

(US dollars)

Rates (percentage)

First 50 000 per year 15

Next 50 000 per year 21

Next 50 000 per year 27

Remaining assessable payments 30

9 Effective from tax year 2000.

10 Effective from tax year 2000.



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(ii) Staff assessment for those without dependants

Staff assessment amounts for those with neither a dependent spouse nor a dependent child would be equal to the differences between the gross salaries at different grades and steps and the corresponding net salaries at the single rate.

(b) For staff members in the General Service category (in US dollars):

Assessable income

(US dollars)

Rates (percentage)

Up to 20 000 per year 19

20 001 to 40 000 per year 23

40 001 to 60 000 per year 26

60 001 and above per year 31

(2) The resulting salary may be rounded.

(3) The rate of assessment specified above shall be applied to each salary payment in accordance with the annualized rate of such payment, without taking into account the actual total of such payments made during any particular annual period. Consequently no part of the assessment deducted with respect to a given period shall be refunded because of the cessation of employment of the staff member or because of any reduction in his/her annual assessable salary.

(4) Where both spouses are staff members and they have a dependent child, the dependency rate of staff assessment shall be applied only to the spouse having the higher salary level.

(C) All references to “net base salary”, “base salary”, or “pay” in the Staff Regulations, in these Staff Rules, and in letters of appointment shall be understood as referring to gross base salary as reduced by staff assessment, in so far as salaries earned during periods after the introduction of staff assessment are concerned. Except as otherwise specified, only net base salaries shall be considered in establishing the amounts or the limits of any other payments, allowances or benefits under such Regulations and Rules and in specifying the compensation of any person not subject to staff assessment.

DEPENDENCY BENEFITS REGULATION 5.03

Staff members shall be entitled to receive dependency benefits in respect of their dependent spouses, children or secondary dependants under conditions established by the Director General.

Rule 5.03.1 – Dependency allowances and benefits

(A) Staff members in the Professional and higher categories shall be entitled to dependency allowances and benefits as set out below, and in accordance with the rates promulgated by the Director General (see Appendix C (2) A.)

(1) A staff member with a dependent spouse shall receive the net base salary at the dependency rate;

(2) A staff member with a dependent spouse and a dependent child or children shall receive, in addition to the net base salary at the dependency rate specified in subparagraph (1) above, a child allowance;



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(3) A staff member with no dependent spouse but with a dependent child or dependent children shall receive the net base salary at the dependency rate in respect of the first dependent child, and a child allowance for each additional dependent child;

(4) A staff member with no dependent spouse but with a dependent parent, or a dependent brother, or dependent sister shall receive a secondary dependant’s allowance.

(B) If both spouses are staff members in the Professional and higher categories they shall be entitled to dependency allowances and benefits as set out below:

(1) If there is only one dependent child, either of the staff members shall be entitled to receive the net base salary at the dependency rate. If there is more than one dependent child, the staff member who receives the net base salary at the dependency rate shall in addition receive a child allowance for each additional dependent child.

(2) Either or both spouses shall be entitled, if he/she has a dependent parent or dependent brother or dependent sister, to the secondary dependant’s allowance as provided in paragraph (A)(4) above.

(C) Staff members in the General Service category shall be entitled to receive dependency allowances in accordance with the rates promulgated by the Director General (see Appendix C (2) A.).

(D) Any periodic grant or allowance payable from a public source outside the Agency, including another international organization applying the entitlements and benefits of the United Nations Common System, in respect of a child recognized by the Agency as a dependant under Staff Rule 5.03.2 (B) and (C) shall be deducted from the dependency allowance payable under paragraph (C) above or from the net base salary at the dependency rate, and if applicable from the child allowance, payable in accordance with paragraph (A)(2) and (3) above in respect of the same child. The deduction shall be made regardless of whether such an outside grant is paid to the staff member, his/her spouse or former spouse, or any other person with whom the child may reside. However, in no case shall the deductible amount exceed the rate of the dependency allowance paid by the Agency.

(E) Except as stated below, the dependency allowance shall be paid from the first day of the month in which the entitlement begins and it shall be discontinued with effect from the last day of the month in which the entitlement ceases.

(1) On entry on duty, payment of the dependency allowance shall be made with effect from the date the appointment becomes effective. On separation from service, payment of the dependency allowance shall be discontinued in accordance with Staff Rule 4.06.1.

(2) The effective date of a dependency allowance for a secondary dependant recognized under Staff Rule 5.03.2 (F) shall be the first day of the month in which the claim is submitted by the staff member.

(F)

(1) The rates of the regular dependency allowance shall be doubled for a child who is determined to be physically or mentally incapacitated for substantial gainful employment either permanently or for a period expected to be of long duration.

(2) Reasonable expenses for special equipment required for the rehabilitation of a dependent disabled child may be reimbursed up to the maximum amount set forth in Appendix C (2) to these Rules, provided they are not reimbursable in accordance with Staff Rule 5.04.2, or under the staff member’s health insurance scheme, or from another source.

(G) All staff members shall be responsible for submitting in writing each year to the Director, Division of Human Resources claims for dependency allowance and providing any documentary evidence deemed necessary to sustain such claim. In addition, they shall retain all documentary evidence regarding the earnings of dependent spouses, such as salary statements and income tax returns, alimony payments and payments to secondary dependants for a five year period from the date of the claim and make it available to the Division of Human



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Resources, the Office of Internal Oversight Services or the External Auditor upon request. They shall further immediately report in writing to the Director, Division of Human Resources any change in their marital status, the status of a dependant, including his/her marital status, the fact that a child ceases to be in full-time attendance at a school, university or similar educational institution above the age of eighteen or the employment of a spouse.

Rule 5.03.2 – Definitions of dependency

(A)

(1) A spouse shall be recognized as a dependant when the following conditions are met:

(a) For a staff member in the General Service category, whose spouse works at the duty station, when the spouse’s gross occupational earnings, if any, for the relevant calendar year do not exceed the gross salary of grade G-2 step 1 in force at the duty station on 1 January of the relevant calendar year. If the spouse works outside the duty station, when the spouse’s gross occupational earnings do not exceed the gross salary of grade G-2 step 1 in force at the United Nations Common System organization closest to the spouse’s place of work.

(b) For a staff member in the Professional and higher categories, when the spouse’s gross occupational earnings, if any, for the relevant calendar year do not exceed the higher of:

(i) the gross salary of grade G-2 step 1 in force at the duty station if the spouse works at the duty station or, if the spouse works outside the duty station, the gross salary of grade G-2 step 1 in force at the United Nations Common System organization closest to the spouse’s place of work, or

(ii) the gross salary of grade G-2 step 1 in force at the United Nations in New York on 1 January of the relevant calendar year.

(c) Pension income, such as retirement and disability benefits, and income resulting solely from investments shall not be included in the computation of the annual gross occupational earnings.

(2) In cases where the spouse's gross occupational earnings for the relevant calendar year exceed the limit established in paragraph (A)(1) above, the dependency benefits in respect of the spouse shall be adjusted as follows:

(a) For staff members in the General Service category, the dependency allowance shall be paid to the extent by which the excess of the spouse's earnings over the established limit is less than the amount of the allowance;

(b) For staff members in the Professional and higher categories without dependent children, the net base salary plus post adjustment at the dependency rate shall be paid to the extent by which the excess of the spouse's earnings over the established limit is less than the difference between the dependency rate of the net base salary plus post adjustment and the single rate of the net base salary plus post adjustment.

(3) Entitlement to dependency benefits shall be based on the spouse's income and the income limit for the whole calendar year even if the spouse's employment is for less than the whole calendar year.

(4) The spouse of a staff member who is legally separated may be recognized as a dependant only upon submission of satisfactory evidence of a legal obligation under the separation agreement for the staff member to pay support which shall be equivalent to more than one-half or more of the total financial support of such dependant received from sources other than the staff member.

(B) A child shall be recognized as a dependant if the staff member provides the main and continuing support for him/her.



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(C) The term "child" shall signify:

(1) The staff member's natural or legally adopted child;

(2) The staff member's step child, if residing with the staff member; or

(3) Where adoption is not legally possible under the law of the country of nationality of the staff member, a child:

(a) for whom the staff member has assumed legal guardianship or in respect of whom the staff member has legally been appointed foster parent on a permanent basis;

(b) who is not a brother or sister of the staff member; and

(c) with whom the staff member can be regarded as having established a parental relationship.

provided that in respect of each of the subparagraphs (1) through (3) above

(i) the child is under the age of 18 years; or

(ii) the child is in full time attendance at a school, university or similar educational institution or is undergoing a recognized vocational training in which he/she is apprenticed to a trade and for which only a nominal remuneration is payable, and is under the age of 21 years; or

(iii) the child is physically or mentally incapacitated for substantial gainful employment either permanently or for a period expected to be of long duration.

(D)

(1) Satisfactory documentary evidence shall be required to substantiate that the staff member has assumed responsibility for the child, and is actually providing the main and continuing support in the following cases:

(a) if divorce or legal separation has occurred and the child is not residing with the staff member;

(b) if the child is recognized under paragraph (C)(3) above; or

(c) if the child is married.

(2) A staff member will be considered to provide the main and continuing support for a child if he/she contributes one-half or more of the total financial support of such child, and in any case not less than twice the amount of the children’s allowance payable by the Agency, together with, in the case of internationally recruited staff members, the flat amount in lieu of board and lodging payable under Staff Rule 5.04.1 (F)(2) in respect of the child for whom dependency benefits are payable.

(3) In the case of staff members in the General Service category, a lower limit may be considered sufficient if the application of the formula in subparagraph (2) above would result in an amount which is out of proportion to the staff member’s salary, or which is considered unreasonable for other valid grounds. However, in no case shall the amount the staff member is paying in support of a child be less than the amount of dependency allowance payable by the Agency.

(E) For the purpose of paragraph (C)(ii) above:

(1) Full-time attendance means regular attendance at a school, university or similar educational institution. The taking of a correspondence course (Fernunterricht) as well as voluntary attendance at a school or university (Gasthörer, ausser-ordentlicher Hörer) shall normally not be considered as full-time attendance. However, for a transitory period, such irregular form of attendance shall be considered sufficient for the purpose of the dependency allowance if full-time attendance cannot be effected and the irregular attendance is made to enable the child to attend a qualifying institution in the near future;



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(2) Full-time attendance shall be deemed to continue despite periods during which the child is prevented by illness from attending a qualifying educational institution, provided that for an absence of more than thirty days a certificate of a registered medical practitioner stating the nature of the child’s illness and the probable duration is produced, and provided further that there is a clear intention to resume full-time attendance after the child’s recovery. If full-time attendance is not resumed, the case shall be referred to the Director, Division of Human Resources for a decision whether the dependency allowance paid during periods of sickness should be recovered from the staff member;

(3) In the case of transfer from one school or university system to another, possibly in another country where the term dates may be different, a break in full-time attendance may occur, which may involve considerable time. A staff member shall continue receiving the dependency allowance in such circumstances, if his/her child enrolls or registers at the new qualifying educational institution as of the first reasonable opportunity to do so. Any such break will not count towards the four years’ post-secondary studies which are reimbursable under Staff Rule 5.04.1 (E). If actual full time attendance should be delayed beyond the first reasonable opportunity for registration, payments of dependency allowance will be suspended until such time as the child actually registers for full-time attendance at a qualifying institution, provided the child has not yet reached the age of twenty-one.

(F)

(1) A father, mother, brother or sister may be recognized as a secondary dependant if the staff member provides more than half of the total financial support of such a dependant received from sources other than the staff member, and, in any case, at least twice the amount of the dependency allowance, provided:

(a) there is no dependent spouse; and

(b) no more than one such dependant shall be recognized; and

(c) satisfactory documentary evidence of financial support is supplied by the staff member.

(2) Dependency of a brother or sister shall, in addition, be subject to the same conditions as set out for a child in paragraph (C)(3)(a), (b) and (c) and (i), (ii) and (iii) above.

EDUCATION GRANTS REGULATION 5.04

(a) The Director General shall establish terms and conditions under which an education grant shall be available to an internationally recruited staff member serving outside his/her recognized home country, with respect to each dependent child who is in full-time attendance at a school, university, or similar educational institution of a type which will, in the opinion of the Director General, facilitate the child's re-assimilation in the staff member's home country, in accordance with the terms and conditions established by the International Civil Service Commission. Travel costs for the child may also be paid for an outward and return journey once in each scholastic year between the educational institution and the duty station, except that, in the case of staff members serving at field duty stations designated by the Director General as having no schools which provide schooling in the language or in the cultural tradition desired by staff members for their children, such travel costs may be paid twice in the year in which the staff member is not entitled to home leave.

(b) The Director General shall also establish terms and conditions under which an education grant shall be available to an internationally recruited staff member serving in a country whose language is different from his/her own and who is obliged to pay tuition fees for the teaching of the mother tongue to a dependent child attending a local school in which the instruction is given in a language other than his/her own, in accordance with the terms and conditions established by the International Civil Service Commission.

(c) The Director General shall also establish terms and conditions under which an education grant shall be available to a staff member whose child is unable, by reason of physical or mental disability, to attend a normal educational institution and therefore requires special teaching or training to prepare him/her for full integration into society or, while attending a normal educational institution, requires special teaching or training to assist



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him/her in overcoming the disability, in accordance with the terms and conditions established by the International Civil Service Commission.

Rule 5.04.1 – Education grant benefits

Purposes

(A) The purposes of the education grant benefits under Staff Regulation 5.04 (a) and (b) are:

(1) To assist staff members serving outside their countries of home leave in meeting the cost of education of their children either in the staff member's country of home leave or in an educational institution of a type which would facilitate the child's re-assimilation in that country; and

(2) To supplement the travel arrangements for such staff members and their dependants in such a way as to ensure that the children shall spend a reasonable period of time at least once a year with their parents.

Eligibility

(B)

(1) Education grant benefits in respect of Staff Regulation 5.04 (a) and (b) shall be available only to an internationally recruited staff member:

(a) who holds a fixed-term appointment of at least one year;

(b) who is serving outside his/her home country; and

(c) whose child is in full-time attendance at a school, university or similar educational institution.

Costs reimbursable under the grant

(C) The grant will cover the following expenses up to the level of the maximum education grant in accordance with paragraph (F) below:

(1) All expenses prescribed by the educational institution as a pre-condition for admittance and all other costs certified as being mandatory for all students.

(2) The cost of mid-day meals and daily group transportation (school buses), provided:

(a) the Director General is satisfied that local conditions justify payment;

(b) the meals are provided by the institution; and

(c) the institution is located at the duty station.

(3) A lump sum payment for books and other learning aids, the amount of which is set forth in Appendix C (3)(B) to these Rules, in cases where the books are not free of charge or the expenses have not been certified as in subparagraph (1) above.

(4) The Director General will consider requests submitted by eligible staff members for the reimbursement of the costs for teaching the child in the staff member’s mother tongue, within the maximum education grant per scholastic year, if:

(a) satisfactory school facilities in which instruction in that language is given do not exist;

(b) the tuition is given by a qualified teacher who is not a member of the staff member’s family;



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(c) the staff member serves in a country whose language is different from his/her mother tongue;

(d) the child attends at the primary or secondary level a school in which the instruction is given in a language different from the staff member’s mother tongue; and

(e) the tuition is given at the duty station.

(5) The cost of optional attendance at summer school, if such attendance enables the student to complete his/her studies earlier than would otherwise be the case, and if the costs for the overall course of study including the summer school do not exceed those without summer school.

Costs not reimbursable under the grant

(D) The grant shall not be payable in respect of:

(1) Attendance at a nursery school.

(2) Correspondence courses, except:

(a) if such courses are in the opinion of the Director General the best available substitute for full-time attendance at a school of a type not available at the duty station; or

(b) if such courses are intended to supplement private tuition the costs of which are reimbursable under subparagraph (3) below; in which case the amount reimbursable will be restricted to the maximum set out in subparagraph (3) below.

(3) Private tuition, except for special coaching required:

(a) in an additional subject not included in the school's curriculum but required for the pursuit of the child's subsequent education; or

(b) for tuition to a child in full time attendance in the language of the duty station when prescribed by a local school, university or similar educational institution as a pre-condition for admittance when attendance is on a full-time basis.

(c) The amount reimbursable shall be restricted to a maximum of 50 per cent of, and within, the maximum education grant, per scholastic year.

(4) Vocational training or apprenticeships which either do not involve full-time schooling or in which the child receives payment for services rendered.

Duration

(E)

(1) The education grant shall be payable from the scholastic year following the child's fifth birthday, or from the scholastic year in which the child completes his/her fifth year provided this occurs in the first five months of that scholastic year.

(2)11 The grant shall be payable up to the day on which the child ceases full-time attendance at an educational institution or up to the end of the scholastic year in which the child completes the fourth year of post-secondary studies, whichever is earlier.

(3) It shall, however, not normally be paid beyond the scholastic year in which the child reaches the age of twenty-five. If the child's education has been interrupted by a period of compulsory national

11 Effective 24 January 2007.



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service, illness or other compelling reasons for more than one year, the period of eligibility shall be extended by the period of interruption.

Amount of the grant

(F)

(1) In the case of attendance at an educational institution at the duty station, the amount of the grant per scholastic year for each child shall be 75 per cent of the admissible educational expenses actually incurred not exceeding the maximum admissible educational expenses, up to the maximum education grant as promulgated by the Director General (see Appendix C (3)).

(2) In the case of attendance at an educational institution outside the duty station, the amount of the grant per scholastic year for each child, depending on the country where the educational institution is located, shall be:

(a) Where the educational institution provides board, 75 per cent of the admissible educational expenses and the costs of board actually incurred not exceeding the maximum admissible educational expenses, up to the maximum education grant as promulgated by the Director General.

(b) Where the educational institution does not provide board, a flat amount for board and lodging, plus 75 per cent of the admissible educational expenses provided the amount payable does not exceed the maximum education grant as promulgated by the Director General.

(3) Staff members serving at duty stations which the International Civil Service Commission has determined as being duty stations where educational facilities are not available or where educational facilities are inadequate are entitled, in respect of children in school attendance at the primary and secondary levels, to an additional amount of 100 per cent of boarding costs, subject to a maximum amount per year as recommended by the International Civil Service Commission.

Further conditions

(G)

(1) Where attendance is for less than two thirds of the scholastic year, the amount of the grant shall be the proportion of the annual grant otherwise payable which the period of attendance bears to the full scholastic year.

(2) Where the period of service of the staff member is for less than two thirds of the scholastic year, the amount of the grant shall be the proportion of the annual grant otherwise payable which the period of service bears to the full scholastic year. Upon separation or retirement, but not upon the resignation by the staff member nor upon early retirement, if the period of service covers two-thirds of the scholastic year or more, the full grant may be payable provided that the child is expected to complete the scholastic year at the same educational institution. No prorating shall be required when the staff member dies while in service after the beginning of the school year provided that the child is expected to complete the scholastic year at the same educational institution.

(3) A staff member assigned from a duty station where he/she was in receipt of education grant benefits in respect of his/her child, to a duty station in his/her country of home leave, shall be eligible for continued payment of the education grant for the balance of the current scholastic year of the previous duty station, provided the child remains at the same educational institution.

(4) The scholastic year shall consist of the actual number of days of compulsory attendance at the school between the first day of the opening term and the last day of the final term at the educational institution attended by the child.



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Travel

(H)

(1) A staff member’s child(ren) who attend(s) an educational institution outside the staff member’s duty station shall be entitled to travel expenses of one round trip each scholastic year between the educational institution and the duty station, provided that the child(ren) has (have) attended school for:

(a) At least two-thirds of the scholastic year and the staff member’s contract covers at least two-thirds of the scholastic year;

(b) A minimum of seven nights is spent at the duty station.

(2) Subject to subparagraph (1) above, in cases where the child is studying in the country of home leave, travel of the child under the education grant and that of the staff member on home leave may be so arranged as to bring about a reunion of the staff member and his/her child three times in any period of two years, provided that the cost of not more than two round trips shall be reimbursed in respect of the child during this period.

(3) Payment of the child's travel expenses shall be made as a lump sum based on 65 per cent of the lowest full economy air fare by the most direct route for a round trip from the airport (with published fares) nearest to the place of education to the duty station or vice versa, limited to the cost of the round trip between the staff member’s home country and the duty station. In cases where the price of the ticket exceeds the amount of the lump sum payment, the Director General may exceptionally, at the request of the staff member, authorize the provision of a ticket. In this case the child shall be provided with accommodation in the class which is available for the lowest fare, including special student’s rates if available, or its equivalent by second class train with tourist class sleeper.

(4) If travel to the duty station by the child is not possible, a round-trip travel by the staff member or spouse to the child’s place of education may be authorized in lieu of travel by the child. The costs of such travel are limited to the estimated costs of the child’s travel.

Claims

(I)

(1) Claims for education grant benefits shall be submitted to the Director General in writing, and shall be supported by a Certificate of Attendance and Costs completed by the educational institution and such other documentary evidence as may be required.

(2) Staff members are obliged to disclose all scholarships, bursaries and similar grants received by or for the child. All scholarships, bursaries or similar grants received by or for the child shall be deducted first from the admissible educational expenses before the amount of the education grant is calculated. Staff members are responsible for the accuracy of the information and documentation they supply, and shall correct any erroneous information or documentation which they have submitted promptly after they become aware of the error.

(3) Staff members shall retain all evidence regarding an education grant claim such as original documentation substantiating expenditures, invoices evidencing payment, receipts, cancelled cheques, and bank statements for a period of five years from the date of the claim and make them available to the Division of Human Resources, the Office of Internal Oversight Services or the External Auditor upon request.

Rule 5.04.2 – Special education grant for disabled children

(A) The education grant available under Staff Regulation 5.04 (c) shall be payable to a staff member in the Professional and higher categories and in the General Service category, for an unmarried child in respect of



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whom the Director General has determined, on the basis of medical evidence, that the child is unable by reason of physical or mental disability to attend a normal educational institution and therefore requires special teaching or training to prepare him/her for full integration into society or, while attending a normal educational institution, requires special teaching or training to assist him/her in overcoming the disability. The amount of this grant per scholastic year for each disabled child shall be equal to 100 per cent of the educational expenses actually incurred, up to the level of the maximum grant for disabled children (see Appendix C (3)).

(B) In order to receive the grant under Staff Regulation 5.04 (c) the staff member shall be required to produce evidence that he/she has exhausted all other sources of benefits that may be available for the education and training of the disabled child including those available from state and local governments and from the Agency's health insurance or social security plans. The amount of any benefits received from other sources shall be deducted from the educational expenses taken into account in calculating the grant.

(C) For the purposes of this Rule, the term "educational expenses" shall mean such teaching services and equipment as are necessary to provide an educational programme designed to meet the needs of the disabled child in order that he/she may attain the highest possible level of functional ability. Educational expenses may include reasonable cost of local transportation up to twice the amount for normal group transportation.

(D) The grant shall normally be payable from the date on which the special teaching or training begins up to the completion of the special teaching or training or the end of the scholastic year in which the disabled child reaches the age of 25 years, whichever is earlier. This period may be extended to the end of the scholastic year in which the disabled child reaches the age of 28 years, for exceptional reasons recognized by the Director General.

(E) A staff member whose disabled child attends an educational institution outside the duty station because no adequate facilities exist at the duty station to provide the required special teaching or training shall be entitled to travel expenses of two return journeys each scholastic year between the educational institution and the duty station, provided the cost of such a journey does not exceed the cost of a round trip between the staff member's country of home leave and the duty station, and attendance at the educational institution is for more than two-thirds of the scholastic year. The Director General may authorize exceptionally the travel costs of a person accompanying the disabled child on such a journey if the disabled child, because of the severity of the disability, is unable to travel alone.

(F) Staff Rule 5.04.1, paragraphs (G)(1) through (3), (H)(3) and (I)(1) through (3) shall apply to the education grant available under Staff Regulation 5.04 (c). If education grants are payable in respect of the same child under both Staff Regulations 5.04 (a) and 5.04 (c), the maximum amount paid shall not exceed the maximum grant for disabled children per scholastic year and travel expenses shall be paid for not more than two return journeys in a scholastic year.

LANGUAGE ALLOWANCE REGULATION 5.05

The Director General shall promulgate rules under which a language allowance may be paid to staff members in the General Service category.

Rule 5.05.1 – Language allowance

(A) A staff member in the General Service category who passes a test prescribed by the Director General for this purpose shall be paid a language allowance.

(B) Not more than two language allowances may be paid to a staff member at any one time.

(C) Staff members shall be eligible to receive the first language allowance if they can demonstrate proficiency in the use of two official languages, or one official language and the language of the duty station if the latter is not their mother tongue; they shall be eligible to receive two language allowances if they can



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demonstrate proficiency in the use of three official languages, or in two official languages and the language of the duty station if the latter is not their mother tongue.

(D) An examination for this purpose shall be held at least once each year. A staff member need not take a test in an official language if:

(1) written evidence is furnished that, within the past five years, he/she passed a similar test in that official language given by another international organization; or

(2) that official language is the mother tongue of the staff member.

(E) Staff members in receipt of a language allowance may be required to undergo further tests at intervals of not less than five years in order to demonstrate their continued proficiency in the use of those languages on which the entitlement is based.

(F) The rates of the two language allowances shall be those promulgated by the Director General (see Appendix C (1) B.).

(G) The language allowance shall be taken into account in determining social security contributions, and payments and indemnities on separation.

HARDSHIP AND MOBILITY ALLOWANCE REGULATION 5.06

Internationally recruited staff members may if they are appointed to a duty station or transferred to a new duty station for one year or more be entitled to receive a hardship and mobility allowance subject to rules to be promulgated by the Director General.

Rule 5.06.1 – Hardship and mobility allowance

(A) Internationally recruited staff members shall, if they are appointed to a duty station or transferred to a new duty station for one year or more, giving rise to an entitlement to the assignment grant under Staff Rule 9.03.1, be entitled to receive a non-pensionable hardship and mobility allowance, as established on the recommendation of the International Civil Service Commission, the purpose of which is to compensate for three separate elements; hardship (reflecting the varying degrees of hardship at different duty stations), mobility (varying according to the number of assignments) and/or non-removal (which compensates for the non-removal of personal and household effects), and subject to the conditions set out in this Rule.

(B) The basis for calculation of the amounts of hardship and mobility allowance payable at various categories of duty stations is set forth in Appendix C (4) to these Rules.

NON-RESIDENT’S ALLOWANCE REGULATION 5.07

The Director General may authorize the payment of a non-resident’s allowance to staff members in the General Service category recruited from outside the country of the duty station.



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Rule 5.07.1 – Non-resident’s allowance12

(A) Staff members in the General Service category who have non-local status shall be entitled to a non-resident's allowance if recruited for or subsequently assigned to a duty station which has been designated by the International Civil Service Commission as qualifying for such an allowance.

(B) The amount of the allowance shall be as set forth in Appendix C (1) to these Rules. It shall be paid for the duration of the staff member's assignment to a designated duty station up to a maximum of five years after the date of arrival. If, however, the staff member loses his/her non-local status earlier:

(1) In accordance with Staff Rule 3.03.2 (D);

(2) In case of transfer, upon his/her agreement, to another duty station where the staff member does not meet the requirements of Staff Rule 3.03.2 (C) or which has not been designated as qualifying for such allowance; or

(3) In case of appointment to the Professional and higher categories

payment of the non-resident's allowance shall be discontinued with effect from the last day of the month in which the change takes place.

(C) The non-resident's allowance shall not be taken into account in determining pensionable remuneration, social security contributions, payment for overtime worked, night differential and payments and indemnities on separation.

REPRESENTATION ALLOWANCE REGULATION 5.08

The Director General may, with the approval of the Board of Governors, establish provisions for the payment of a representation allowance to officials of the Director level or above, who have expenses of a representational nature. Alternatively, such officials may, subject to provisions established by the Director General, be reimbursed for actual hospitality expenditures.

ARTICLE VI REPATRIATION GRANT

REGULATION 6.01

(a) On separation from the service, a staff member whom the Agency is obliged to repatriate shall in principle be entitled to a repatriation grant in accordance with Annex II to these Regulations provided he/she is deemed to be internationally recruited and is actually relocating. The amount of the grant shall vary with the length of service with the Agency.

(b) A repatriation grant shall not be paid to a staff member who is summarily dismissed or who has abandoned his/her post.

12 Effective 1 September 1983. Staff members who were in receipt of a non-resident’s allowance on 31 August 1983 will continue to receive the allowance at the rates and under the conditions then in force. The allowance will continue to be taken into account in determining pensionable remuneration, social security contributions and payments and indemnities on separation.



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Rule 6.01.1 – Repatriation grant

(A) For the purposes of payment of repatriation grant under Staff Regulation 6.01 and Annex II to the Staff Regulations, “obliged to repatriate” shall mean an obligation to return a staff member, upon separation, at the expense of the Agency to a place outside the country of his/her duty station.

(B) A staff member shall be eligible for payment of the repatriation grant if, at the date of separation, the following conditions are met:

(1) he/she is internationally recruited;

(2) he/she is actually relocating;

(3) he/she resides outside his/her country of home leave while serving at the duty station; and

(4) he/she does not have permanent residence status in the country of the duty station.

(C)

(1) Payment of a repatriation grant is subject to provision by the staff member, or in case of the death of the staff member by his/her spouse or dependent child or children, of satisfactory evidence of relocation outside the country of the duty station.

(2) Staff members who were in service before 1 July 1979 shall retain the entitlement to repatriation grant proportionate to the years and months of service qualifying for the grant which they had accrued at that date without the necessity of providing evidence of relocation. A claim to any additional entitlement accrued after that date shall, however, be subject to the conditions set out in subparagraph (1) above.

(D)

(1) The grant shall be calculated on the basis of the dependency status of the staff member at the date of separation.

(2) For the purpose of calculating the grant, each full month of service beyond one year shall be taken into account by adding one twelfth of the amount that would have been added for a full year.

(3) Continuity of service shall not be considered as broken by periods of special leave without pay or with partial pay, but full months of such periods shall not be counted as service for the purpose of calculating the grant. A staff member transferred to a duty station within his/her country of home leave after service at a duty station outside that country shall not be entitled to the repatriation grant but may be paid on separation a full or partial grant at the discretion of the Director General.

(4) When a staff member separates from service from a duty station outside his/her country of home leave, but his/her years of service outside the country of home leave have been interrupted by a period or periods of service within the country of home leave, the periods of service within the country of home leave shall not be taken into account in calculating the amount of the grant.

(E) Entitlement to the repatriation grant shall cease if no satisfactory documentary evidence of relocation outside the country of the last duty station, such as a new employment contract, a declaration by the immigration, police, tax or other authorities of the country or a confirmation of shipment of personal and household effects, has been submitted by the staff member within two years after the effective date of his/her separation. However, where both spouses are staff members of the Agency, or in case of a staff member whose spouse is a staff member of another organization applying the entitlements and benefits of the United Nations Common System, and the spouse who separates first is an Agency staff member and is entitled to the repatriation grant, his/her entitlement shall not cease until two years after the date of separation of the other spouse.

(F) Where both spouses are staff members and each is entitled, on separation, to payment of a repatriation grant, payment shall be made to each at single rates, according to their respective entitlements. Where a dependent child is recognized, the first parent to be separated may claim payment at the dependency rate applicable to a staff member with a spouse or dependent child. In this event, the second parent may, on



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separation, claim payment at the single rate for the whole period of qualifying service. Alternatively, if eligible, the second parent may claim payment at the dependency rate applicable for the whole period of qualifying service, from which shall be deducted the difference between the dependency rate and the single rate of the repatriation grant paid to the first parent.

(G) In the event of the death of an eligible staff member, no repatriation grant shall be paid, unless there is a surviving spouse or a dependent child or children whom the Agency is obliged to repatriate. In case there is a surviving spouse or one such surviving dependent child, payment shall be made at the single rate. In case there is a surviving spouse and one or more dependent children, or no spouse and two or more dependent children, payment shall be made at the dependency rate.

ARTICLE VII LEAVE AND SICK LEAVE

ANNUAL LEAVE REGULATION 7.01

Staff members shall be entitled to two and a half working days of annual leave per month. Such leave shall be taken as the requirements of the service permit and shall be cumulative provided, however, that not more than sixty working days may be carried forward beyond 31 December of any year.

Rule 7.01.1 – Annual leave

(A) Staff members shall accrue annual leave at the rate of two and a half working days per calendar month while in full pay status.

(B) Annual leave may be taken in units of days and half-days. Annual leave may be taken only when authorized, but the personal circumstances and preferences of the staff member shall, as far as possible, be considered.

(C) Any absence from duty not specifically covered by other provisions of these Staff Rules shall be charged to the staff member's accrued annual leave, if any; if he/she has no accrued annual leave, he/she shall forfeit pay and allowances for the period of such absence.

(D) A staff member may, in exceptional circumstances, be granted advance annual leave, up to a maximum of ten working days, provided his/her service is expected to continue for a period beyond that necessary to accrue the leave so advanced.

HOME LEAVE REGULATION 7.02

Eligible staff members shall be granted home leave once in every two years subject to rules promulgated by the Director General. However, in the case of service at field duty stations designated by the Director General as having very difficult conditions of life and work, eligible staff members may be granted home leave once every 12 months. A staff member whose home country is the country of his/her official duty station or who continues to reside in his/her home country while performing his/her official duties shall not be eligible for home leave.



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Rule 7.02.1 – Home leave

(A) Home leave is granted to a staff member, his/her spouse and dependent child or children once in each two-year period of qualifying service, in order to enable them to renew their ties with their designated country of home leave, by spending there a reasonable period of annual leave.13

(B)

(1) An internationally recruited staff member shall be entitled to home leave provided he/she, while performing his/her official duties, continues to reside in a country other than his/her country of home leave.

(2) A staff member who has changed his/her residential status in such a way that he/she may, in the opinion of the Director General, be deemed to be a permanent resident of a country other than that of his/her nationality may lose or incur a change in his/her entitlement to home leave.

(C) A staff member whose eligibility under paragraph (B) above is established at the date of his/her appointment shall begin to accrue service credit towards home leave from that date. A staff member who, after his/her appointment, acquires the home leave entitlement as a result of a change in conditions of service, such as a change of duty station or a change to international status, shall begin to accrue service credit from the effective date of such a change.

(D)

(1) A staff member eligible for home leave travel under paragraph (B) above may take home leave once in every two years of continuous service as defined in Staff Rule 7.03.1 (E).

(2) Subject to the exigencies of the service, a staff member may take the home leave to which he/she is entitled at any time during the two-year period of service in which it falls due, provided that the first home leave may only be taken after completion of one year of service.

(E) A staff member eligible for home leave under paragraph (B) above shall be entitled to the following home leave benefits:

(1) Travel expenses for himself/herself, his/her spouse and dependent child or children residing with him/her, or in the case of dependent children for whom an education grant is being paid, residing at an educational institution outside of the staff member’s duty station, in accordance with Staff Rules 9.01.12 (A)(1), (A)(3) and 9.01.19 (C); or

(2) A lump sum payment of 75 per cent of the lowest full economy air fare by the most direct route between the staff member’s duty station and the airport (with published fares) nearest to the designated place of home leave, but not exceeding €4000 for the staff member, his/her spouse and dependent child(ren) above the age of 12, reduced for dependent child(ren) under 12 in accordance with paragraph 105 (ii) of the Staff Travel Procedures. In selecting the lump sum payment, the staff member shall make his/her own travel arrangements and forfeit reimbursement of any other expenses related to home leave; and

(3) Travel time in accordance with paragraph 90 of the Staff Travel Procedures14.

(4)

(a) If both spouses are staff members eligible for home leave or in case of a staff member whose spouse is a staff member eligible for home leave of another organization applying the entitlements and benefits of the United Nations Common System, the staff member will have a

13 See also Staff Travel Procedures (AM.II/9).

14 See AM.II/9



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choice of either exercising his/her individual home leave entitlement or of accompanying the spouse to the spouse’s place of home leave.

(b) A staff member who chooses to accompany his/her spouse shall be granted travel time appropriate to the travel involved.

(c) Dependent children may accompany either parent, provided that they do not travel more than once in every two years.

(F) The country of home leave shall be the country of the staff member's nationality, subject to the following terms, conditions and exceptions:

(1) The place of home leave within the staff member's country of home leave, shall normally be the place with which the staff member had the closest residential ties at the date of his/her initial appointment;

(2) In cases where a staff member has the closest ties to a country other than that of his/her nationality, the Director General may, for the purpose of this Rule, authorize as the country of home leave that other country. A staff member requesting such authorization will be required to satisfy the Director General that he/she has the closest ties in such other country and that such an exception would be consistent with the purposes outlined in paragraph (A) above. In establishing the country with which the staff member has his/her closest ties, due regard will be given to family, residency, cultural, work-related and other ties.

(3) The Director General may authorize a staff member to travel to an alternate country of home leave. A staff member requesting such authorization will be required to satisfy the Director General that the staff member has similarly close ties, which are not of a transitory nature (examples of which are outlined in paragraph (F)(2) above), in the alternate country. The total cost to the Agency in respect of such travel shall not exceed the cost of travel to the designated place of home leave in accordance with paragraph (E) above.

(4) In cases where for security reasons the staff member is temporarily prevented from travelling back to his/her country of home leave, the Director General, may, for the purpose of this Rule, authorize as the country of home leave a country with which the staff member has social, cultural or family ties. However, the total cost to the Agency in respect of such travel shall not exceed the cost for travel to the actual country of home leave in accordance with paragraph (E) above.

(G)

(1) In case a staff member, after exercising his/her entitlement to home leave, leaves the Agency's service prior to completion of the two-year period for which home leave was granted, he/she shall be required to reimburse to the Agency, on a pro rata basis, the costs incurred by it for the home leave, unless the Director General, in exceptional circumstances, decides otherwise.

(2) If a staff member fails to take home leave in the two-year period of service in which it was due, the two-year period of service in which the next home leave may be taken shall only start as from the date of return from the delayed home leave, unless the Director General decides that the delay has been caused by the exigencies of the service. A staff member shall forfeit his/her home leave entitlement, if it is not exercised within one year beyond the two-year home leave cycle. If the staff member’s dependents have also not exercised their home leave entitlement, their delayed home leave shall only be authorized on the condition that the dependant(s) travel together with the staff member.

(3) The staff member together with his/her dependents may take his/her home leave prior to the two-year period of service in which it would fall due, solely in the case where the Director General decides that this is necessitated by the exigencies of the service.

(4) Due regard being paid to the interest and safety of the staff member and his/her family members, a staff member may be required to take home leave in conjunction with duty travel.



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(5) A staff member shall certify that he/she travelled to the designated country of home leave and spent there a minimum of seven nights and retain all necessary evidence regarding home leave travel such as used original ticket stubs, boarding passes and proof of purchase of the ticket or in case of travel by car, petrol bills evidencing the required duration of the stay in the country of home leave, and receipts for tolls and fees, if applicable, for a period of five years from the date of the claim and make this available to the Division of Human Resources, the Office of Internal Oversight Services or the External Auditor, upon request.

SPECIAL LEAVE REGULATION 7.03

The Director General may, in exceptional cases, grant special leave on such terms and conditions as he/she deems appropriate.

Rule 7.03.1 – Special leave

(A) Special leave with full or partial pay or without pay may be granted for advanced study, research or external training related to the present or future functions of the staff member. This leave will be considered under the provisions for sabbatical leave or leave for attending external training courses, seminars or symposia.15 Staff members on special leave with full pay for training purposes shall accrue credit towards annual and sick leave only during the first four months of such leave.

(B)16 Special leave with full pay may be granted for the following reasons17:

(1) To meet civic obligations, such as jury duty;

(2) To enable representatives appointed by the Staff Council or the Federation of International Civil Servants Associations to attend meetings of the Federation, or inter-agency organs;

(3) To enable authorized staff members to participate in the Inter-Agency Games;

(4) For the following personal reasons:

(a) in case of the death of the staff member’s spouse, child, parent or step-parent, brother or sister, two days leave; and

(b) in case of the staff member’s marriage, or for the father in connection with the birth of a child, one day’s leave.

(5) For other valid reasons recognized by the Director General.

(C) Special leave without pay may be granted for the following reasons18:

(1) Sabbatical leave;

(2) Compulsory military service;

(3) Other urgent personal reasons not covered by subparagraph (B)(3) above;

(4) For a staff member who is the mother or father of a newly-born child, up to 96 weeks, provided that the total period of absence for parental leave does not exceed two years from the date of confinement

15 For the conditions attached to the granting of such leave, see AM.II/6.


17 For further details see AM.II/5.

18 For further details see AM.II/5.



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for the mother, or 96 weeks for the father to be taken before the child’s second birthday. When both parents are staff members and both request special leave without pay, the combined periods of special leave may not exceed 96 weeks to be taken before the child’s second birthday;

(5) In case of adoption of a child up to 96 weeks to be taken before the child’s second birthday for the adopting female or male staff member, immediately following adoption leave. When both adopting parents are staff members and both request special leave without pay, the combined periods of special leave may not exceed 96 weeks to be taken before the child’s second birthday;

(6) For purposes normally covered by sick or annual leave when such leave has been exhausted; and

(7) For other valid reasons recognized by the Director General.

(8) Except in the case of leave without pay under paragraphs (C)(2), (4) and (5) above, staff members shall first be required to exhaust any accumulated annual leave.

(D) Except in the case of leave following birth, or the adoption of a child as specified in paragraph (C)(4) and (5) above, special leave without pay shall not normally be granted in excess of one year.

(E) Length of service shall be deemed to comprise the total period of a staff member’s continuous service. Continuity of service shall not be considered broken by periods of special leave.

(F) During any period of special leave without pay:

(1) Health insurance coverage shall cease unless the staff member opts to pay both his/her and the Agency’s contributions towards the insurance plan, concurrently with such leave, except when the period of such leave is for less than thirty days; and

(2) No credit shall accrue for purposes of pensionable service time unless the staff member pays both his/her own and the Agency’s contributions to the Pension Fund concurrently with such leave.

(G) Staff members shall not accrue service credits towards completion of probationary period, sick leave, annual leave, home leave, salary increment, death grant, mobility and hardship allowance, termination indemnity, repatriation grant or end-of-service allowance during full months of special leave with partial pay or without pay. Periods of less than one full month of such leave shall not affect the ordinary rates of accrual.

SICK LEAVE AND PARENTAL LEAVE REGULATION 7.0419

The Director General shall promulgate appropriate rules governing the granting of sick leave and parental leave.

Rule 7.04.1 – Sick leave

(A) Staff members who cannot perform their duties because of illness or injury or whose attendance is prevented by public health requirements shall be granted sick leave.

(B) Staff members shall inform their supervisors as soon as possible of any absence or expected absence on account of illness or injury. Thereafter, they shall regularly inform their supervisors of any extension of absence and its expected duration.

(C) Staff members shall be granted sick leave as follows:

(1) A staff member who holds a fixed-term appointment of less than one year shall be granted sick leave credit at the rate of two working days on full pay per month of service with the Agency.

19 Approved by the Board of Governors on 20 September 2005.



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(2) A staff member who serves a probationary period or holds a fixed-term appointment of one year or longer but has not completed three years of continuous service shall be granted sick leave of up to three months on full pay, and of up to three months on half pay, taking into account the period of twelve consecutive months preceding the date of the request for leave.

(3) A staff member who holds a fixed-term appointment and has completed three years of continuous service, shall be granted sick leave of up to nine months on full pay, and of up to nine months on half pay in any period of four consecutive years, taking into account the period of four consecutive years preceding the date of the request for leave.

(D) In calculating entitlements to sick leave under paragraph (C)(2) and (3) above, a month shall be taken to be twenty one working days.

(E)20 The illness or injury of a staff member participating in the Austrian Health Insurance Scheme who has exhausted his/her entitlement to sick leave on full pay shall be reported to the Scheme which will pay the benefits due to him/her.

(F)21

(1) A staff member who cannot perform his/her duties because of illness or injury may take uncertified sick leave of not more than three consecutive working days at a time, for up to seven working days in a calendar year. Within the total maximum of this entitlement, uncertified sick leave for family-related emergencies as specified under subparagraph (2) below may be granted for any number of consecutive days.

(2) Family-related emergencies include:

(a) Illness, injury or death of a spouse, child, parent or step-parent, brother or sister; and

(b) Child-care of the staff member’s child.

(3) Uncertified sick leave which has not been utilized in any calendar year may not be carried over to the next year and may not be authorized during any period of previously approved leave.

(G)

(1) A staff member absent from duty because of illness or injury and who has:

(a) either exhausted his/her entitlement to uncertified sick leave under paragraph (F)(1) above; or

(b) has been absent from duty for a period of more than three consecutive working days;

shall produce a medical certificate from a registered medical practitioner, as specified in paragraph (H) below.

(2) Failing the production of such a certificate, the period of absence shall be deducted from annual leave or counted as special leave without pay.

(H)

(1) A total of up to twenty working days taken cumulatively or consecutively during a calendar year may be approved as certified sick leave by the supervisor upon submission by the staff member of a certificate from a registered medical practitioner indicating the date or dates of absence from duty by reason of illness or injury, without identification of the diagnosis. In case a staff member does not wish to

20 Effective 8 January 2007.




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disclose the certificate to the supervisor, he/she shall forward it to the Medical Service electronically or in a sealed envelope for certification, after which the dates of absence shall be approved by the supervisor. The supervisor concerned may at any time refer the case to the Medical Director if he/she deems it necessary.

(2) After twenty working days of sick leave any further days of certified sick leave require the approval of the Medical Director, after which the dates of absence shall be approved by the supervisor. For that purpose, the staff member shall forward to the Medical Director, electronically or in a sealed envelope, a medical certificate from a registered medical practitioner stating the nature of his/her illness and the probable duration of his/her incapacity.

(3) In cases where the Medical Director deems it necessary to obtain more information on the nature of the illness, he/she will obtain it directly from the medical practitioner treating the staff member with agreement of the staff member or request the staff member to obtain it from the Austrian Health Insurance Scheme authorities, or from the medical practitioner treating the staff member.

(4) The certificate under subparagraph (1) above shall, except in circumstances beyond the control of the staff member, be produced not later than the end of the twentieth working day following the initial absence from duty of the staff member, or on the day he/she returns to work, whichever comes first.

(5) No certificate as specified in subparagraph (1) or (2) above needs to be submitted if a certificate from the Medical Service covers the absence of the staff member. Such certificate shall not cover a period of absence longer than three consecutive days including the day of issue.

(6) A staff member participating in the Austrian Health Insurance Scheme who is absent from duty because of sickness shall also immediately notify his/her insurance scheme of such sickness through a medical practitioner authorized by his/her scheme (Kassenarzt).

(I)

(1) A staff member shall not accrue service credits towards annual leave and sick leave during sick leave on half-pay, unless he/she requests that the portion of each day which would otherwise be without pay be charged to his/her entitlement to accrued annual leave. Periods of less than thirty days of sick leave with half pay shall not affect the accrual of service credits towards annual and sick leave.

(2) Periods of sick leave whether on full or half pay shall not affect the accrual of service credits towards completion of probationary period, salary increments, death grant, mobility and hardship allowance, home leave, termination indemnity, repatriation grant or end-of-service allowance, nor the payment of education grant and rental subsidy.

(J) A staff member shall not leave the duty station while on sick leave without prior approval of the Director General.

(1) A staff member who plans in advance to take sick leave outside the duty station shall request the Director General for approval.

(2) A staff member who suffers illness or injury while away from the duty station and who is unable to return for reasons of illness or injury shall request the Director General for approval to remain outside the duty station.

(K)

(1) When sickness of four consecutive working days or more occurs within a period of previously approved annual leave, sick leave may be approved on production of an appropriate medical certificate by a registered medical practitioner or medical institution.

(2) Sick leave immediately preceding or following periods of annual leave shall be dealt with under the provisions dealing with certified or uncertified sick leave, as applicable.



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(L) After ten working days of sick leave, a staff member may be required at any time to submit a medical certificate from a registered medical practitioner regarding his/her health or to be examined by the Medical Director, or a registered medical practitioner designated by him/her. Further sick leave may be refused or the unused portion withdrawn if the Director General is satisfied that the staff member is able to return to his/her duties, provided that, if the staff member so requests, the matter shall be referred to an independent registered medical practitioner acceptable both to the Director General and the staff member.

(M)

(1) If agreement on an independent registered medical practitioner cannot be reached, the matter shall be referred to a medical board.

(2) The medical board shall be composed of:

(a) A registered medical practitioner designated by the staff member;

(b) The Medical Director or a registered medical practitioner designated by the Medical Director, and

(c) A third registered medical practitioner, who shall be selected by agreement between the other two members and who shall not be a medical officer of the Agency.

Rule 7.04.2 – Maternity leave

(A) A staff member shall be entitled to maternity leave in accordance with the following provisions:

(1) The leave shall commence eight weeks prior to the anticipated date of confinement upon production of a certificate from a registered medical practitioner indicating the anticipated date of confinement.

(a) If the actual date of confinement is earlier than the date indicated in the medical certificate, the remaining portion of the period provided for in this subparagraph will be added to the period provided for in subparagraph (2) below.

(b) If the actual date of confinement is later than the date indicated in the medical certificate, the eight-week period shall be extended accordingly.

(c) At a staff member’s request and upon submission of a medical certificate from a registered medical practitioner indicating that she is fit to continue working, the period of absence may be reduced to a minimum of two weeks prior to the anticipated date of confinement. The portion of the eight-week period not taken by the staff member prior to confinement will be added to the period provided for in subparagraph (2) below.

(d) Except in the case of termination under Regulation 4.01 (b)(iv) in the interest of good administration of the Agency or of summary dismissal under Regulation 11.01, a pregnant staff member shall not be separated from service by reason of non-renewal or termination of her appointment until she has exhausted her entitlement to maternity leave under this Rule.

(2) A staff member shall be entitled to absent herself from her duties during the eight weeks following confinement. This period may be extended by adding to it any unused portion of the period provided for in subparagraph (1)(a) and (c) above. Furthermore, in the case of Caesarean birth and/or multiple births, the maternity leave period following confinement may be extended by a period of up to four weeks, depending on the length of the unused portion of the period provided for in sub-paragraph (1)(a) and (c) above, which is used following the confinement.

(3) If the staff member is not participating in the Austrian Health Insurance Scheme, she shall receive maternity leave on full pay during the entire period of her absence granted under subparagraphs (1) and (2) above.



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(4) If the staff member is participating in the Austrian Health Insurance Scheme:

(a) She shall be reported to that Scheme for the payment of maternity benefits;

(b) She shall receive such additional payments from the Agency as will keep her on full pay during the entire period of the absence to which she is entitled under subparagraphs (1) and (2) above;

(c) Except in the case of special leave without pay, if maternity benefits are paid to the staff member by the Austrian Health Insurance Scheme for an additional period of maternity leave recognized as such by that scheme but which falls outside the periods provided for under subparagraphs (1) and (2) above, these benefits will be deducted from the staff member’s salary for the corresponding period.

(B) No sick leave shall be granted during the period of maternity leave.

(C) Annual leave shall accrue during the period of maternity leave.

(D) A staff member shall be entitled to time off for two 30-minute periods or a one-hour period daily in order to nurse her child.

Rule 7.04.3 – Paternity leave22

(A) Paternity leave on full pay shall be granted to a staff member to provide care for his newly born child in accordance with the following provisions:

(1) The duration of paternity leave shall be for a period not exceeding four weeks, except as provided for in paragraphs (2) and (3) below.

(2) Paternity leave for an additional period of up to four weeks may also be exceptionally granted to a staff member for the following reasons:

(a) death of the mother of the child; or

(b) complications encountered during pregnancy or birth; or

(c) for other valid reasons recognized by the Director General.

(3) Paternity leave may be taken at any time within a one year period following the child’s birth subject to the exigencies of service:

(a) as one continuous period; or

(b) in two periods of equal or different duration; or

(c) as half-time paternity leave combined with half-time work.

(4) A staff member shall only be entitled to paternity leave upon the birth of his child if that child is born after the staff member has completed six months’ continuous service in the Agency.

(5) In case of twins or other multiple births, a staff member shall only be granted one paternity leave entitlement.

(6) A staff member shall be entitled to a further period of paternity leave in respect of any subsequently born child provided that one year has elapsed since the starting date of the paternity leave under the previous paternity leave entitlement.




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(B) A staff member who does not exercise all or part of his paternity leave entitlement shall not receive payment in lieu of the unused portion nor convert it to annual leave credit.

(C) Annual leave shall accrue during the period of paternity leave.

(D) No sick leave shall be granted during the period of paternity leave.

Rule 7.04.4 – Adoption leave23

(A) Adoption leave on full pay shall be granted to a staff member to enable him/her to take care for a newly adopted child who resides with the adoptive staff member and is less than 18 years old at the date of adoption. Adoption leave may also be granted in order to take care for a child who is less than 18 years old and who is recognized by the Agency as a “child” of the staff member pursuant to Staff Rule 5.03.2(C)(3). Adoption leave shall be granted in accordance with the following provisions:

(1) The duration of adoption leave shall be for a period not exceeding eight weeks.

(2) If both adoptive parents are staff members and both request adoption leave, the combined length of the adoption leave taken by both parents may not exceed 12 weeks.

(3) If the staff member’s spouse works at another international organization applying the benefits and entitlements of the United Nations Common System and also requests adoption leave, the combined length of the adoption leave taken by the staff member and his or her spouse may not exceed 12 weeks.

(4) Adoption leave may be taken at any time within a one year period following the date of adoption, subject to the exigencies of service:

(a) as one continuous period; or

(b) in two periods of equal or different duration; or

(c) as half-time adoption leave combined with half-time work.

(5) Following the completion of the legal arrangements for adoption/guardianship/fostering, up to four weeks’ previously approved leave (annual leave or other) taken in connection with and before the adoption/guardianship/fostering may be retroactively converted to adoption leave.

(6) A staff member shall only be entitled to adoption leave upon the adoption of his/her child if that child is adopted after the staff member has completed six months’ continuous service in the Agency.

(7) In case of the adoption of more than one child within a three month period, a staff member shall only be granted one adoption leave entitlement.

(8) A staff member shall be entitled to a further period of adoption leave in respect of any subsequently adopted child provided that one year has elapsed since the starting date of the adoption leave under the previous adoption leave entitlement.

(9) For the purposes of this Staff Rule only, the terms “adoption” and “adopted” shall refer to both official adoption and the recognition by the Agency that a child is a child of the staff member pursuant to Staff Rule 5.03.2(C)(3).

(B) A staff member, who does not exercise all or part of his/her adoption leave entitlement, shall not receive payment in lieu of the unused portion nor convert it to annual leave credit.

(C) Annual leave shall accrue during the period of adoption leave.

(D) No sick leave shall be granted during the period of adoption leave.




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ARTICLE VIII SOCIAL SECURITY

PENSION SCHEME REGULATION 8.01

Provision shall be made for the participation of eligible staff members in the United Nations Joint Staff Pension Fund in accordance with the Regulations of that Fund. The Director General shall determine which categories of locally-recruited staff shall participate in the Austrian social security system and the terms of such participation.

Rule 8.01.1 – Participation in the United Nations Joint Staff Pension Fund

Staff members shall participate in the United Nations Joint Staff Pension Fund if eligible under Article 21 (a) of the Regulations of that Fund, except those authorized to participate in another pension insurance scheme in accordance with Staff Rule 8.01.5.

Rule 8.01.2 – Pensionable remuneration, United Nations Joint Staff Pension Fund

(A) Pensionable remuneration for the purpose of contributions to and benefits from the United Nations Joint Staff Pension Fund shall be in accordance with the Regulations of that Fund, as may be amended from time to time.

(B) If, as a result of promotion from the General Service category to the Professional category, the pensionable remuneration of a staff member would be lower in terms of US dollars, the staff member's pensionable remuneration in terms of US dollars in the last month of service in the General Service category shall continue to serve as the basis for calculating contributions to the United Nations Joint Staff Pension Fund until such time as the staff member's pensionable remuneration in the Professional category matches or exceeds that level.

Rule 8.01.3 – Participation in the Austrian Pension Insurance Scheme

Staff members at Headquarters who are ineligible for participation in the United Nations Joint Staff Pension Fund under Article 21(a) of the Regulations of that Fund and who do not participate in another pension insurance scheme in accordance with Staff Rule 8.01.5, may upon taking up their appointment with the Agency avail themselves of the possibility to participate in the Austrian Pension Insurance Scheme for the period of their ineligibility. This option shall be exercised within three months of the date of entry on duty.24

Rule 8.01.4 – Pensionable remuneration, Austrian Pension Insurance Scheme

The basis for calculating the contributions to the Austrian Pension Insurance Scheme shall be the pensionable remuneration for the corresponding grade and step to which shall be added any language allowance and non-resident’s allowance, but shall not exceed the maximum contributory basis established under the Austrian Pension Insurance Scheme.

Rule 8.01.5 – Participation in other pension insurance schemes

Staff members may be authorized, for special reasons recognized by the Director General, to continue to participate in a national governmental pension insurance scheme or the pension insurance scheme of their former

24 Effective as of 1 December 2000 with the entry into force of the new Social Security Agreement with Austria.



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employer. Such staff members are not entitled to have part or all of that period included in their contributory service if they become participants in the United Nations Joint Staff Pension Fund at a later stage.

Rule 8.01.6 – Participation in the Austrian Unemployment Insurance Scheme

Staff members participating in the United Nations Joint Staff Pension Fund or in the Austrian Pension Insurance Scheme may upon taking up their appointment with the Agency avail themselves of the possibility to participate in the Austrian Unemployment Insurance Scheme. This option shall be exercised within three months of the date of entry on duty.

Rule 8.01.7 – The Agency’s contribution towards the cost of participation in pension and unemployment insurance schemes

The Agency shall contribute towards the cost of participation:

(A) In the United Nations Joint Staff Pension Fund in accordance with the Regulations of that Fund;

(B) In the Austrian Pension Insurance Scheme in accordance with the Regulations of that Scheme; and

(C) In another pension insurance scheme and in the Austrian Unemployment Insurance Scheme as determined by the Director General.25

REGULATION 8.02

The Director General may reimburse the cost of continuation of such social security measures as health insurance and pension fund participation to the employer from whom a staff member has been released on leave of absence. Staff members who choose this alternative will be ineligible to participate in the United Nations Joint Staff Pension Fund.

HEALTH INSURANCE REGULATION 8.03

The Director General may, with the approval of the Board of Governors, establish, either by a fund financed by the Agency or by contracting with a commercial organization, a scheme of insurance for medical and hospital expenses for staff members who may not be covered by any other scheme of health insurance. Membership in such an Agency scheme may be made compulsory for all staff members, who may also be required to contribute all or part of its cost.

Rule 8.03.1 – Health insurance

(A) Staff members shall participate in one of the following health insurance schemes:

(1) The Full Medical Insurance Plan and the Temporary Disability Insurance Plan, provided, however, that staff members holding fixed-term appointments of less than one year shall be ineligible for participation in the Temporary Disability Insurance Plan;

(2) The Austrian Health Insurance Scheme (Gebietskrankenkasse); or

(3) Another health insurance scheme of their choice.

(B) Staff members participating in the Austrian Health Insurance Scheme who hold an appointment for six months or longer or who have completed a minimum of six months of continuous service in the Agency, may, in

25 See AM.II/7.



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addition, participate in a supplementary health insurance scheme in accordance with arrangements made by the Agency.

Rule 8.03.2 – Health insurance in case of retirement, early retirement, disability or death

Retired staff members and their dependants or the dependants surviving deceased or retired deceased staff members may continue to participate in health insurance schemes available to staff members in accordance with arrangements made by the Agency.

Rule 8.03.3 – The Agency’s contribution towards the cost of participation in health insurance schemes

The contribution by the Agency towards the cost of participation in any of the health insurance schemes mentioned in Staff Rule 8.03.1 and Staff Rule 8.03.2 shall be as determined by the Director General.26

COMPENSATION IN EVENT OF DEATH, INJURY OR ILLNESS ATTRIBUTABLE TO THE PERFORMANCE OF OFFICIAL DUTIES REGULATION 8.04

The Director General shall, with the approval of the Board of Governors, draw up a scheme for the compensation of staff members in the event of their suffering accident, illness or death attributable to the performance of official duties on behalf of the Agency.

Rule 8.04.1 – Compensation for death, injury or illness attributable to the performance of official duties

(A) For staff members, except those mentioned in paragraph (B) below, compensation in the event of death, injury or illness attributable to the performance of official duties shall be payable in accordance with the provisions of Appendix D to these Rules.

(B) Staff members participating in the Austrian Pension Insurance Scheme shall participate in the Austrian Accident Insurance Scheme at the Agency's cost. For such staff members compensation in the event of death, injury or illness attributable to the performance of official duties shall be payable in accordance with that Scheme. Leave taken in connection with injury or illness attributable to the performance of official duties shall not be deducted from sick leave entitlements.

ARTICLE IX TRAVEL AND REMOVAL EXPENSES

TRAVEL EXPENSES REGULATION 9.01

(a) Subject to Rules to be promulgated by the Director General, the Agency shall, in appropriate cases, pay the travel expenses for official travel of staff members, and their dependants.

(b) Official travel shall, in all instances, be by the most economical route between the point of origin and the destination, taking into account the purpose and objectives of the travel as well as the safety of the traveller.

26 See AM.II/7.



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Rule 9.01.1 – Official travel of staff members

(A) Subject to these Rules, the Agency shall pay the expenses of an eligible staff member under the following circumstances:

(1) On appointment;

(2) When required to travel on official business (duty travel);

(3) On change of duty station;

(4) On home leave in accordance with Staff Rule 7.02.1;

(5) On family visit in accordance with paragraph (B) below;

(6) On separation from service in accordance with Staff Rule 4.06.6; and

(7) On travel authorized for medical or security reasons or in other appropriate cases, when, in the opinion of the Director General, there are compelling reasons for paying such expenses.

(B)

The Agency shall pay the travel expenses of a staff member who is considered to be internationally recruited under Staff Rule 3.03.4 for the purpose of visiting his/her spouse and dependent child or children at the place of recruitment, the place of home leave or the previous duty station once every two years provided that, during the preceding twelve months, neither the spouse nor a dependent child has been present at the duty station after travel at the Agency’s expense, except on education grant travel.

(C) Each staff member upon return from duty travel must submit a report to the Director General on the results of his/her activities away from his/her duty station, except for Staff Council representatives travelling on Staff Council business.

Rule 9.01.2 – Official travel of dependants

(A) Subject to these Rules, the Agency shall pay the travel expenses of a staff member’s spouse and dependent child or children under the following circumstances:

(1) On or after the staff member’s appointment to his/her duty station, provided that the staff member is considered to be internationally recruited, that the appointment is for a period of one year or more, that the staff member’s services are expected to continue for at least six months after their arrival and that the spouse and dependants will reside with the staff member for a reasonable period at the duty station;

(2) On completion by the staff member of one year of continuous service, to his/her duty station, provided that the staff member’s services are expected to continue for at least six months after their arrival and that the spouse and dependants will reside with the staff member for a reasonable period at the duty station;

(3) On change of duty station, provided that the assignment is for at least one year, that the staff member’s services are expected to continue for at least six months after their arrival at the new duty station and that the spouse and dependants will reside with the staff member for a reasonable period at the duty station;

(4) On home leave, in accordance with Staff Rule 7.02.1;

(5) On travel authorized in connection with the education of a child in accordance with Staff Rule 5.04.1 (H);

(6) On separation of the staff member from service, in accordance with Staff Rule 4.06.6, provided that they have resided with him/her continuously for a reasonable period at the duty station;



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(7) On travel authorized for medical or security reasons or in other appropriate cases when, in the opinion of the Director General, there are compelling reasons for paying such expenses;

(8) On travel of the spouse to the duty station, in lieu of the staff member’s family visit under Staff Rule 9.01.1 (A)(5), subject to the conditions specified in Staff Rule 9.01.1 (B); and

(9) On travel of the spouse or a family member over the age of 18 to accompany a disabled staff member on duty travel if the staff member is unable to travel alone because of the severity of the disability.

(B) The Director General may, in accordance with Staff Regulation 5.04 authorize the travel expenses of a staff member’s child who is no longer recognized as dependent under Staff Rule 5.03.2 for travel in accordance with the provisions of Staff Rule 5.04.1 (H):

(1) To and from an educational institution outside the staff member’s duty station provided the staff member is in receipt of an education grant in respect of that child.

(2) From the place of the educational institution to the staff member’s duty station or from the place of the educational institution to the country of home leave as defined for the purposes of home leave under Staff Rule 7.02.1, provided that such journey takes place either:

(a) within one year from the date on which the child’s dependency status ceases; or

(b) on completion of the child’s continuous full-time attendance at a school, university or similar educational institution, provided that such attendance commenced during the period of recognized dependency status.

(C) The Director General may authorize payment of travel expenses for the repatriation of a former spouse of a staff member provided that the Agency had paid the travel expenses for that spouse to the staff member’s duty station.

(D) It is the responsibility of staff members to ensure that, prior to departure on official travel, their spouse and/or dependent children, as relevant, complete the appropriate security clearance/travel notification procedures for the area to be visited.

Rule 9.01.3 – Combination of official travel and of official and private travel

(A) A staff member shall, to the extent possible, combine the different types of official travel under Staff Rules 9.01.1 and 9.01.2 above, due regard being paid to the interest and safety of the staff member and his/her spouse and dependent child or children.

(B) If a reduction in costs due to a change in duration or routing results from the combination of private and official travel, only the reduced costs of the official travel are payable by the Agency.

Rule 9.01.4 – Authorization for travel

(A) All official travel shall, even if such travel is undertaken at no cost to the Agency, be by a route, mode and standard of transportation which has been approved by the Director General in advance, and in writing. A staff member shall be personally responsible for ensuring that he/she has the proper authorization before commencing official travel. In exceptional cases, a staff member may be authorized to travel on the basis of oral instructions, but such authorization requires written confirmation as soon as possible thereafter.

(B) Travel expenses and travel time shall in all instances be limited to the route, mode and standard of transportation authorized in accordance with paragraph (A).

(C) Travel reservations must be made and related air tickets issued at least 14 days prior to departure, failing which an appropriate justification must be entered into ATLAS by the Allotment Manager except for countries where the United Nations Department of Safety and Security (UNDSS) grants security clearance no more than 7



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days prior to travel. In this case, air tickets must be issued immediately upon receipt of that clearance. In all instances, the security clearance procedure must be completed before initiating the travel.

Rule 9.01.5 – Medical and security requirements before travel

(A) Prior to his/her official travel a staff member may be required to:

(1) Undergo such medical examinations and receive such immunizations determined by the Medical Director; and

(2) Obtain from the Medical Service appropriate advice for preventive care relevant to his/her destination.

(B) It is the responsibility of the staff member who has been authorized to undertake official travel to obtain, prior to departure, the appropriate security clearance for the area to be visited. Security clearance is mandatory for all official travel regardless of the Security Level in place.

(C) A staff member is responsible for checking his/her visa requirements with the Visa and Customs Unit, MTGS, prior to travel. The Visa and Customs Unit will ensure that he/she has the appropriate visa(s) for entering the country/countries of official travel.

Rule 9.01.6 – Purchase of tickets

All tickets for official travel shall be purchased in advance by the Agency or its authorized representative, unless a staff member is authorized in writing to make other arrangements.

Rule 9.01.7 – Route and mode of transportation

(A) Travel by air by the lowest logical fare shall be regarded as the normal mode for all travel undertaken at the Agency’s expense. Subject to the following, the lowest logical fare is the lowest fare which is available for the most direct route between the point of origin and the destination of duty on an air carrier adhering to the Aviation Safety Rating system, taking into account the purposes and objectives of the travel, the duty period involved, the safety of the traveller, the standard of transportation to which the traveller is entitled under these Rules and the UN Commercial Aviation Safety Guidelines. The lowest logical fare may be selected by the Agency from flights, including flights that do not take the most direct route but do not include an additional stopover, with a total round-trip travel time that does not exceed the shortest available travel time

(i) by more than a total of one hour when the one way scheduled flying time is seven hours or less provided that the flights selected produce a saving of €50 or more as compared with the cost of the flights with the shortest available travel time, or

(ii) by more than a total of two hours when the one way scheduled flying time exceeds seven hours provided that the flights selected produce a saving of €200 or more as compared with the cost of the flights with the shortest available travel time.

(B) An alternative route or mode of transportation may be authorized when, in the opinion of the Director General, such an alternative is:

(1) more cost effective;

(2) required for operational purposes; or

(3) otherwise in the best interest of the Agency.

(C) Staff members who wish to use a different route or mode of transportation for personal convenience must obtain advance authorization to do so, and pay any additional costs in advance.



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(D) The liability of the Agency shall be limited to the cost of transportation for official travel actually authorized and used.

Rule 9.01.8 – Standard of transportation

(A)

(1) When travel is by air, staff members at or below the D-2 level shall be provided with transportation in economy class. For travel on appointment, official business, change of duty station or separation from service, if the time for the journey as scheduled by the carrier exceeds seven hours, such staff members shall be provided with transportation in the class immediately below first class.

(2) Staff members at or above the Deputy Director General level shall be provided with transportation in the class immediately below first class. For travel on appointment, official business, change of duty station or separation from service, if the time for the journey as scheduled by the carrier exceeds seven hours, such staff members shall be provided with first class transportation.

(B) When travel is by train, staff members shall be provided with transportation in first class, with single sleeper if applicable, provided that the total cost to the Agency does not exceed the total cost of travel by air at the standard of transportation to which the staff member is entitled. Where the total cost for travel by train would exceed that for travel by air, the staff member shall normally only be authorized to travel by air. A transit allowance at the rate established for that purpose by the Director General shall be paid for overnight train travel to cover any expenses during the journey.

(C) Family members authorized to travel at the Agency’s expense shall, in respect of official travel, be entitled to the same standard of transportation as the staff member. However, a child travelling in connection with education grant shall be provided with transportation in the class which is available for the lowest fare, including special student’s rates if available, or its equivalent by second class train with tourist class sleeper.

(D) On travel authorized for medical or security reasons or in other appropriate cases when, in the opinion of the Director General, there are compelling reasons for paying travel expenses, staff members and their spouses and dependent child or children shall be provided with the appropriate standard of transportation as determined by the Director General.

(E) If the standard of transportation used on any approved travel is lower than the approved entitlement, the calculation of costs to the Agency is based on this lower standard.

Rule 9.01.9 – Travel by car

(A) Travel by car will normally only be authorized if the travel distance does not exceed 500 km.

(B) When travel is by car, a staff member shall normally be provided with a rental car to be arranged in advance by the Agency, or its authorized representative, or an Agency or United Nations car. Costs associated with the rental car, including the cost of full insurance coverage, shall be borne by the Agency. The type of rental car used shall be determined on a case by case basis taking into account the safety and the number of travellers, the requirements of the journey and the cost involved (as detailed in Appendix B to the Staff Travel Procedures (AM.II/9)).

(C)

When a staff member or his/her spouse and dependent child or children is exceptionally authorized to travel by private car, he/she shall be reimbursed at the mileage rate established for that purpose by the Director General. This mileage rate shall be payable to only one of two or more persons travelling together on the same trip and in the same car, subject to evidence of the actual costs incurred. The staff member shall submit relevant documentation such as car plate numbers, petrol bills evidencing the duration of the journey and receipts for tolls and ferry fees. The travel distance shall be calculated on the basis of published road maps used by the Agency.



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(1) In calculating the total distance travelled by car, any part of a journey which is made by ferry shall not be included. However, the Agency will bear the cost of transporting the car by the least expensive ferry and will also pay for the ferry fares of the occupants of the car provided such occupants are authorized to travel at the Agency’s expense.

(2) The amount reimbursed according to paragraph (C) and subparagraphs (C(1)) above and paragraph (D) below shall be deemed to cover all costs including the cost of appropriate insurance cover.

(3) The Agency will not assume liability for any third-party claims arising from any accidents caused by, or for any damage to, a private car. A staff member authorized to travel by private car will be required to sign an exclusion of liability form to hold harmless the Agency for any damage to this car or third-party claims arising in the course of such travel.

(4) The following costs of travelling by private car shall not be reimbursed:

(a) to a destination within a radius of 50 km from the duty station; and

(b) for commuting between the place of residence and the duty station.

(D) Notwithstanding paragraph (A) above, in case travel by car is authorized for a travel distance exceeding 500 km, a transit allowance at the rate established for that purpose by the Director General shall be paid to all persons authorized to travel by car at the Agency’s expense on the basis of every 500 km travelled per day, provided that the journey has actually been interrupted overnight. The staff member shall submit the relevant documentation referred to in paragraph (C) above.

(E) The total reimbursement for travel by car, which includes any mileage, ferry cost and transit allowance in respect of a particular journey, shall be limited to the maximum travel expenses based on the lowest logical fare to which the staff member would have been entitled had he/she and/or his/her spouse and dependent child or children travelled by air or, where travel by air is not available, by rail.

Rule 9.01.10 – Travel time

(A) For the purpose of these Staff Rules, travel time shall be:

(1) The time for the journey as scheduled by the carrier; plus

(2) Any necessary scheduled waiting period between connections; plus

(3) In the case of travel by air, a nominal three hour period to allow for two hours for embarkation and one for disembarkation; plus

(4) The scheduled time for a train journey or one hour per completed 50 km for a road journey following or preceding air travel, provided that this journey is in excess of 50 km.

(B) The Director General may establish a fixed nominal travel time for journeys between specific locations.

(C) When a journey is authorized by car for the convenience of the staff member, the travel time shall be that which would have been applicable if the travel had been by air.

(D) In case travel by air is not possible, travel time shall be computed as follows:

(1) If travel by car has been authorized exceeding a travel distance of 500 km, on the basis of 500 km per day by the authorized route;

(2) If travel is by train, on the basis of the time required for the train journey by the authorized route.

(E) When the duty period starts on a Monday or finishes on a Friday, weekends are to be used as travel days, except in cases where for operational reasons a different schedule is required.



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Rule 9.01.11 – Rest periods

(A) For travel by air on duty travel or change of duty station, staff members shall be entitled to rest periods as follows:

(1) If the travel time is between 6 and 9 hours, and arrival at the final destination is between 01:00 and 08:00 (i.e. landing between midnight and 07:00), or the departure from the duty station or the place of duty is between 22:00 and 05:00 (i.e. takeoff between midnight and 07:00) the staff member shall not be required to commence duty on the day of arrival.

(2) If the travel time is between 9 and 12 hours, the staff member shall not be required to commence duty within 12 hours of arriving at his/her final destination, or before the morning of the day after arrival, whichever is later.

(3) If the travel time is more than 12 hours, the staff member shall not be required to commence duty within 24 hours of arriving at his/her final destination, or before the morning of the day after arrival, whichever is later.

(B) For the purpose of the above:

(1) Departure shall be deemed to be two hours before the scheduled departure of the flight;

(2) Arrival at the final destination shall be deemed to be one hour after the actual time of arrival of a flight at the airport of the place of duty;

(3) The time of arrival or departure shall be adjusted to take into account any necessary additional travel of more than 50 km to or from the place of duty by any other means as defined in Staff Rule 9.01.10 (A)(4).

Rule 9.01.12 – Travel expenses

(A) Travel expenses to be paid or reimbursed by the Agency, subject to the conditions laid down elsewhere in these Rules, shall comprise:

(1) Cost of transportation by the approved route, mode and standard in accordance with Staff Rule 9.01.4;

(2) Subsistence allowances in accordance with Staff Rule 9.01.13;

(3) Terminal expenses in accordance with Staff Rule 9.01.14;

(4) Necessary additional expenses incurred in connection with travel in accordance with Staff Rule 9.01.15;

(5) Expenses for excess baggage in accordance with Staff Rule 9.01.18; and

(6) Unaccompanied shipment of personal and household effects in connection with official travel in accordance with Staff Rule 9.01.19.

(B) Staff members shall exercise the same care in incurring travel expenses that a prudent person would exercise if travelling at his/her own expense.

(C) Any benefits, savings, gifts or other compensation resulting from official travel and, in particular, any savings that result from the use of a lower standard of transportation, shall accrue to the Agency, unless the Director General decides otherwise. However, benefits, savings, gifts or other compensation of nominal value which are provided to the staff member as a result of delayed flights or other inconveniences or provided as promotional items, shall remain the property of the staff member.



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Rule 9.01.13 – Subsistence allowance

(A) Subject to the provisions of paragraph (E) below, a subsistence allowance shall be paid to a staff member at rates established by the International Civil Service Commission from time to time for each overnight stay at a destination to which he/she has travelled on official business.

(B) The subsistence allowance shall not be paid for any period of leave with the exception of those days on which a staff member is required to perform official duties while on home leave or annual leave outside the duty station.

(C) The subsistence allowance consists of a lodging component (including breakfast), a meals component (covering lunch and dinner) and an incidental component for gratuities, exchange rate differences, bank charges, costs for public transportation and other miscellaneous expenditures. Except as provided for in Staff Rule 9.01.15, any expenditures incurred in excess of the allowance shall be borne by the staff member.

(D) The standard rates of subsistence allowance shall be adjusted as follows:

(1) The standard rates for the area plus 15 per cent rounded to the nearest US dollar are payable to staff members in grades D-2 and D-1;

(2) The standard rates for the area plus 40 per cent rounded to the nearest US dollar are payable to staff members at the Assistant Director General and the Deputy Director General level.

(E) Special rates of subsistence allowance shall apply in the following circumstances:

(1) When airline vouchers are used for accommodation, meals, and/or in lieu of terminal expenses, the applicable rate of subsistence allowance and terminal expenses shall be adjusted accordingly.

(2) Where the Agency has negotiated a special lodging rate, this special rate must be used and the lodging component of the applicable rate of subsistence allowance shall be reduced to the level of the negotiated rate.

(3) When lodging is arranged and paid for by the Agency, or when free lodging is officially provided by the Agency, by a Government or any other related organization, only the non-lodging components (meals component and incidental component) of the applicable rate of subsistence allowance shall be paid.

(4) When a free meal or a voucher for such is officially provided by the Agency, by a Government or any other related organization, the applicable rate of subsistence allowance shall be reduced by the component for that free meal.

(5) When free board (lunch and dinner) or a voucher for board is officially provided by the Agency, by a Government or any other related organization, the applicable rate of subsistence allowance shall be reduced by the meals component.

(6) When free board and lodging (or a voucher for either component) is officially provided by the Agency, by a Government or any other related organization, only the incidental component of the applicable rate of subsistence allowance shall be paid.

(7) When, in unavoidable circumstances, the hotel costs are higher than the lodging component of the applicable rate of subsistence allowance, a supplement of up to 30% of the full subsistence allowance may be paid.

(8) When an International Civil Service Commission special rate hotel is used, its use should be authorized in advance.

(9) When the Director General, in exceptional circumstances, authorizes a reasonable increase in the room rate and non-lodging component to be paid to a staff member who is required to accompany a senior official and whose duties while on duty travel require that his/her additional living expenses be established at a rate substantially higher than that contemplated in setting the allowance for his/her grade.



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(10) When, in the opinion of the Director General, exceptional circumstances other than those in paragraph (9) above warrant a variation in the normal rate of subsistence allowance for a particular journey.

(11) When a staff member is on sick leave while in travel status on official business, subsistence allowance shall continue to be paid. If the staff member is hospitalized while in travel status on official business, normally only the incidental component of the applicable rate of subsistence allowance shall be paid.

(12) When a staff member is on duty travel status for more than 10 hours beyond a radius of 50 km from the duty station but not overnight, only the non-lodging components of the applicable rate of subsistence allowance shall be paid.

(13) When a staff member remains, while on duty travel, at one place for a period of duty exceeding 60 or 120 days, the reduced rates of subsistence allowance established by the International Civil Service Commission shall be paid.

(14) When travel at the Agency’s expense is authorized for medical, security or other reasons, an appropriate amount of subsistence allowance may be paid at the discretion of the Director General.

Rule 9.01.14 – Terminal expenses

(A) Terminal expenses as determined by the Director General shall be paid to a staff member and each family member authorized to travel at the Agency’s expense for official travel other than by car in respect of each end of a particular journey or leg of a journey as shown in the Travel Authorization. Terminal expenses are deemed to cover all expenditure for local transportation to and from the airport, or other point of arrival or departure, transfer of authorized accompanied baggage and other incidental charges.

(B) Terminal expenses shall be paid in respect of an intermediate stop that is authorized in the Travel Authorization/claim; and:

(1) involves leaving the airport; or

(2) is for more than four hours and is exclusively for the purpose of making an onward connection.

(C) Terminal expenses shall not be paid if transportation is provided officially at no cost to the staff member or if airline vouchers are provided for this purpose.

Rule 9.01.15 – Necessary additional travel expenses incurred in connection with travel

(A) Necessary additional expenses incurred by a staff member in connection with travel on official business shall be reimbursed by the Agency on completion of travel, provided that the necessity and the nature of the expenses are satisfactorily explained and supported by proper receipts.

(B) Such expenses, for which advance authorization should normally be obtained, may include the following:

(1) Local transportation other than expenses provided for under Staff Rules 9.01.13 and 9.01.14;

(2) Cost of communications in connection with official business;

(3) Hire of meeting rooms or other space for official use;

(4) Business services or equipment in connection with official business;

(5) Transportation or storage of authorized baggage or property; and

(6) Transit allowance for travel by boat at the home duty station at the rate established for that purpose by the Director General. If board or lodging on the boat is paid by the staff member, this will be reimbursed upon presentation of receipts; and



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(7) Such other expenses as the Director General considers reasonable.

(C) The Agency shall also reimburse the staff member for visa costs that he/she incurred for himself/herself or his/her eligible family members authorized to travel at the Agency’s expense in connection with authorized official travel.

(D) No receipts shall be submitted for reimbursement unless their cumulative total value exceeds €5.

Rule 9.01.16 – Travel advances

The Agency may provide an advance of funds for travel on official business up to the estimated reimbursable travel expenses.

Rule 9.01.17 – Finalization of Travel Expenses

(A) A travel claim form represents finalization of travel and must be submitted within one month of the completion of travel whether or not the staff member has received a travel advance or expenses were incurred. If the claim is not presented within the established time limit, any travel advance may be deducted from the staff member’s next monthly salary payment. Travel claims shall normally be processed within two months after submission.

(B) The claim shall be settled in the same currency as the advance, i.e. Euros, US Dollars, or the currency of the staff member’s duty station upon the staff member’s request.

(C) If the total of reimbursable travel expenses is less than the amount advanced, the balance due to the Agency shall be refunded by the staff member following approval of the travel claim, normally by deduction from the staff member’s next monthly salary payment. Travel claims resulting in payment or deduction of less than €20 due to changes in the subsistence allowance or exchange rates will not be reimbursed or recovered.

(D) The Director General may reject any claim for payment or reimbursement of travel expenses which are incurred by a staff member in contravention of any provision of these Staff Rules.

Rule 9.01.18 – Excess baggage

(A) Accompanied baggage not carried free of charge shall be considered excess baggage within the meaning of this Rule.

(B) Staff members shall be entitled to reimbursement by the Agency of charges incurred for excess baggage in connection with official duty travel by air, provided that:

(1) Reimbursement has been authorized in advance, to the extent so authorized; or

(2) If it was not possible to authorize reimbursement in advance, and in the opinion of the Director General the circumstances under which the staff member has travelled warrant the reimbursement of charges not so authorized.

(C) Staff members shall be entitled to reimbursement by the Agency of charges incurred for excess baggage in connection with common staff cost travel when travel is by air, provided that the air ticket is purchased by the Agency in economy class. In that case, charges will be reimbursed for one additional piece of baggage within the excess baggage allowance of the airline used. Staff members are not entitled to reimbursement of such charges in cases of business class travel or when a lump sum is selected.

(D) The Agency shall not bear the cost of insuring excess baggage, but compensation may be paid for the loss of or damage to such baggage during travel at the Agency’s expense in accordance with Staff Regulation 13.04 and the limits, terms and conditions established thereunder.



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Rule 9.01.19 – Unaccompanied shipments of personal and household effects

(A) An internationally recruited staff member shall be entitled to payment by the Agency of costs for unaccompanied shipment of personal and household effects on travel on appointment of at least one year, change of duty station of at least one year, separation from service after service of at least one year, or on travel authorized for medical or security reasons where the staff member is not entitled to removal costs under the provision of Staff Rule 9.02.1.

(1) He/she shall be reimbursed for the expenses in transporting personal and household effects by land and/or sea by the most economical route, between the places of departure and destination of the authorized travel of the staff member and his/her family members or between any other places authorized by the Director General in exceptional cases on such terms as he/she deems appropriate, up to a maximum of:

(a) 1000 kg for the staff member;

(b) 500 kg for the spouse or, in case there is no spouse, for the first dependant; and

(c) 300 kg for each additional dependant authorized to travel at the expense of the Agency.

(2) Shipment shall be made within six months of the date of appointment or change of duty station. In case of separation, shipment shall be made within two years. However, when both spouses are staff members of the Agency, or in case of a staff member whose spouse is a staff member of another organization applying the entitlements and benefits of the United Nations Common System, and the spouse who separates first is an Agency staff member entitled to unaccompanied shipment of personal and household effects, his/her entitlement shall not cease until two years after the separation of the other spouse.

(3) Where both spouses are staff members, and each is entitled to unaccompanied shipment under this Rule, the maximum weight that shall be removed at Agency expense shall be, if neither has dependent children, that provided under subparagraph (1)(a) and (b) above for a staff member with a spouse. If either staff member has a dependent child or children, the maximum weight shall be increased by the amount provided under subparagraph (1)(c) above for each dependent child.

(B) On travel on appointment, change of duty station or separation from service, a staff member with an appointment of at least six months but less than one year, shall be reimbursed the expenses for transporting personal and household effects by air by the most economical route, up to a maximum of 100 kg. Where the appointment or assignment is extended for a total period of one year or longer the staff member shall be paid the expenses for an additional shipment of personal and household effects up to the maximum entitlement established in paragraph (A)(1)(a) or to that in paragraph (A)(1)(b) and (c) above in case of a spouse and dependants travelling to the duty station in accordance with Staff Rule 9.01.2 (A)(2).

(C) On home leave, a staff member shall be reimbursed for the actual cost of unaccompanied shipment of personal and household effects required for home leave by any mode of transportation, provided that the total cost to the Agency shall not exceed the equivalent of the cost of shipping 50 kg per person, for himself/herself, his/her spouse and dependent child or children who actually travelled, by sea or land to and from the place of home leave.

(D) On travel authorized in connection with the education of a staff member’s child, the actual cost of unaccompanied shipment of personal effects by any mode of transportation once from the duty station or the country of home leave to the educational institution and back shall be reimbursed provided that the total cost to the Agency shall not exceed the equivalent of the cost of shipping 200 kg by sea or land.

(E) Shipments made under paragraphs (A), (B), (C) and (D) above shall be made in one consignment unless otherwise warranted by exceptional circumstances, up to the established entitlements including the weight of packing, but excluding that of crating. Storage charges other than those directly incidental to the shipment shall not be reimbursed.



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(F) Surface shipment by the most economical means of transport shall be regarded as the normal mode of shipment. However, in cases of paragraphs (A), (C) and (D) above, shipment by air freight of half the weight established in paragraphs (A)(1), (C) and (D) above may be authorized, upon request of the staff member. Exceptionally, air freight at the full entitlement may be authorized if:

(1) there is an extraordinary risk of damage to, or loss of, a surface shipment;

(2) a delay of more than three months is expected before the surface shipment reaches the authorized destination; or

(3) the total costs for the air freight shipment do not exceed those for the surface shipment.

(G) The Agency shall provide insurance coverage of unaccompanied shipments authorized under Staff Rule 9.01.19 (A) and (B) above, up to a value determined by the Director General. The cost of insuring articles of value for which special premium rates are charged, will not be paid by the Agency.

REMOVAL OF PERSONAL AND HOUSEHOLD EFFECTS REGULATION 9.02

(a) A staff member appointed for a period of not less than two years, or transferred from one duty station to another for a period of not less than two years, shall in principle be entitled to be paid the cost of removal of his/her personal and household effects subject to Rules promulgated by the Director General. Where, however, the Director General considers that it is in the interest of the Agency to do so, having regard to the cost of removal and the probable period of appointment or transfer, he/she may elect not to offer to pay the cost of removal of personal and household effects and to pay instead charges incurred by the staff member for storing his/her household effects.

(b) On separation from service, a staff member whose removal expenses have been paid by the Agency, and whom the Agency is obliged to repatriate, shall be entitled to the cost of removal of his/her personal and household effects, subject to rules promulgated by the Director General.

Rule 9.02.1 – Removal costs

(A) Internationally recruited staff members shall be entitled to reimbursement of expenses in connection with the removal of their personal and household effects. Such entitlement may be replaced by the payment of the charges incurred for storing the household effects of staff members:

(1) On appointment, provided the appointment is for a period of two years or longer;

(2) On appointment for an initial period of one year for Cost-free Experts appointed under a type A arrangement, provided the donor State has: (i) already explicitly expressed that it will fund a second year of the appointment; and (ii) paid the full cost of the removal;

(3) If the appointment is for a period of less than two years, on extension of appointment so as to bring the total duration of the assignment up to not less than two years provided that the remaining period of service is at least one year or longer;

(4) On change of duty station for a period of not less than two years; or

(5) Upon separation from service, provided service has been for a period of two years or longer.

(B) Under paragraph (A)(1) and (2) above, the Agency shall pay the expenses of removing a staff member’s personal and household effects either from the place of recruitment or from the place recognized as his/her home for purposes of home leave under Rule 7.02.1, provided that the effects were in his/her possession at the time of the appointment, and are being transported for the staff member’s use or for that of his/her spouse or dependent child or children. Payment of removal expenses from a place other than those specified may be authorized by the Director General in exceptional cases, on such terms and conditions as he/she deems appropriate.



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(C) Under paragraph (A)(3) and (4) above, the Agency shall pay the expenses of removing a staff member’s personal and household effects from one duty station to another or from his/her duty station to any one place to which he/she is entitled to be returned, or any other place authorized by the Director General in exceptional cases on such terms and conditions as he/she deems appropriate, provided the effects were in the staff member’s possession at the time of change of duty station or of separation, and are being transported for the staff member’s use or for that of his/her spouse or dependent child or children.

(D)

(1) A staff member who resigns before completing two years of service shall not normally be entitled to payment of removal expenses unless he/she is separated from the Agency by reason of an illness or injury within the scope of Appendix D to these Rules.

(2) Normally, transportation on separation should take place in a single shipment. Entitlement to removal expenses on separation from service shall cease if removal has not commenced within two years after the date of separation.

(3) However, where both spouses are staff members of the Agency, or in case of a staff member whose spouse is a staff member of another organization applying the entitlements and benefits of the United Nations Common System, and the spouse who separates first is an Agency staff member and is entitled to removal expenses, his/her entitlement shall not cease until two years after the separation of the other spouse.

(4) Staff members may, at their request, be authorized to advance the repatriation of their dependants and the removal of their personal and household effects within the limits set forth in paragraph (F) below. Staff members may also request an advance removal of personal and household effects for their non-dependent children undertaking final travel to the staff member’s country of home leave in accordance with Staff Rule 9.01.2 (B)(2).

(E) For the purpose of paragraph (A)(1), (2), (3) and (4) above, personal effects and household effects shall include all effects normally required for personal or household use provided that animals, boats, automobiles, motor cycles, trailers and other power-assisted conveyances shall not be considered as such effects.

(F) Payment by the Agency of removal expenses shall be subject to the following conditions:

(1) The maximum weight for which entitlement to removal at Agency expense exists shall be as follows: 4,890 kg including the weight of packing, but excluding lift vans for a staff member without a spouse or dependent child or children, and 8,150 kg for a staff member with a spouse or dependent child or children residing with him/her or who will reside with him/her at the duty station. On repatriation the weight of items stored in the country of home leave at the expense of the Agency are to be deducted from the overall entitlement prescribed above.

(2) A maximum of 45 days storage charges may be reimbursed when incidental to removal of effects in connection with the collection and delivery of a shipment from residence into storage or from storage into residence, upon appointment, change of duty station or separation.

(3) Transportation shall be by the most economical means as determined by the Director General. Reasonable costs of packing, crating, cartage, unpacking and uncrating of such shipments shall be reimbursed within the limits of authorized weight. In case of excess weight, any additional costs shall be paid by the staff member. Normally transportation on appointment or change of duty station should take place in a single shipment, and within a period of six months after the entitlement arises.

(4) If surface shipment is the most economical means of transportation a staff member may send in advance by air freight essential effects up to a maximum of 225 kg inclusive of the weight of packing and crating for the staff member, 150 kg for the spouse or first dependent child and 75 kg for each additional dependent child authorized to travel at the expense of the Agency. Twice the weight of any such advance shipment permitted shall be deducted from the maximum weight to which the staff member is entitled under subparagraph (1) above.



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(5) If, after taking account of the weight of the advance shipment authorized under subparagraph (4) above, the balance of effects is so small that a single air shipment would be the most economical means of transportation, shipment by air freight of the whole lot in a single consignment may be authorized.

(6) The cost of insurance in transit of personal and household effects transported at Agency expense (excluding any articles of value for which special rates of premium are charged) shall be reimbursed up to the value for which they are ordinarily insured by the staff member, subject to a maximum value representing €16 per kg of the staff member’s maximum shipment entitlements applicable and to review and approval of the valuation by the Director General. The Agency shall in no case be responsible for loss of or damage to shipments.

(G) Where both spouses are staff members, and each is entitled to removal of personal and household effects under this Rule, the maximum weight that may be removed at Agency expense for both of them shall be that provided for a staff member with dependants residing with him/her at his/her duty station (see paragraph (F)(1) above).

(H) In case of marriage after appointment, the costs of removal of the spouse’s personal and household effects may be authorized additionally under the following conditions:

(1) such an entitlement would have existed had the staff member been married at the time of recruitment;

(2) the costs may not exceed the costs of the removal of personal and household effects for a staff member with a spouse residing with him/her at the duty station as specified in paragraph (F)(1) above from the place of home leave within the staff member’s country of home leave; and

(3) the staff member did not exercise an entitlement for removal in respect of a spouse at the time of recruitment.

Rule 9.02.2 – Storage

The Director General may authorize the reimbursement of charges incurred by a staff member for storing his/her entire household effects, or part thereof, under the following conditions:

(A) The total cost to the Agency in respect of the effects left in storage for the permitted period established in paragraph (C) below and those actually transported (initial shipment and any subsequent shipments) to the duty station, if any, shall not exceed twice the estimated cost of shipping the personal and household effects in the possession of the staff member at the time of recruitment or change of duty station through the lowest bidder, within the entitlement established in Staff Rule 9.02.1 (F)(1).

(B) Storage charges shall only be reimbursed if the effects are stored in a warehouse for which the staff member is required to pay charges.

(C) Storage charges shall be reimbursed for the period of the staff member’s service with the Agency but not exceeding seven years. In addition to that period, a total of up to 45 days may be reimbursed, within the maximum cost established in paragraph (A) above, when incidental to removal of effects from residence into storage or from storage into residence and outside of the staff member’s period of service with the Agency. On expiration of the period for which storage is payable the staff member may transport the effects left in storage in one final shipment within a period of six months, provided that the cost of any such shipment shall be limited to the difference between the amount already paid by the Agency in respect of storage and transportation on behalf of the staff member and the maximum established in paragraph (A) above.

(D) Reimbursement of insurance costs shall be limited to coverage in respect of transportation into and from storage. Such payments will be charged against the maximum established under paragraph (A) above.



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ASSIGNMENT GRANT REGULATION 9.03

Staff members whose travel upon appointment or reassignment has been authorized by the Agency may receive an assignment grant in accordance with rules promulgated by the Director General.

Rule 9.03.1 – Assignment grant

(A) A staff member who has been internationally recruited or who has been assigned to another duty station shall, in respect of himself/herself and his/her spouse and dependent child or children be entitled to an assignment grant on appointment or change of duty station, provided that his/her travel expenses on such appointment or change of duty station are borne by the Agency and his/her service at the duty station is expected to continue for a period of not less than one year.

(B) Staff members who have resided at the duty station immediately before appointment by the Agency will not be entitled to an assignment grant with the following two exceptions:

(1) In cases where a non-locally recruited short-term staff member or a person on another type of temporary appointment is given a fixed-term appointment, the assignment grant shall be paid, provided the duration of the preceding short-term appointment and that of the new fixed-term appointment amount together to a period of not less than one year.

(2) If the staff member has resided at the duty station before joining the Agency an assignment grant may be authorized under paragraph (J) below if it can be demonstrated that the staff member has had to change dwelling as a result of the appointment (such as moving out of a house provided by the Government or his/her former employer). The amount of the grant will be reduced by half.

(C) When travel costs are paid in cases of marriage after appointment, assignment grant will also be paid at the rates applicable to a spouse in accordance with this Rule. A staff member shall only be entitled once to the payment of an assignment grant in respect of a spouse.

(D) The assignment grant payable to the staff member shall be the equivalent of the daily subsistence allowance calculated at the prevailing rate on the date of arrival applicable to the duty station, and 50 per cent of that amount for his/her spouse and dependent child or children, and shall be paid for a period of 30 days after the arrival at the duty station.

(E) The Director General may, if circumstances so warrant, increase the time-limit in paragraph (D) above to a maximum of 90 days.

(F) The assignment grant shall be increased by a lump sum for staff members without a removal entitlement under Staff Regulation 9.02:

(1) At duty stations in category “H”27: one month’s net base salary plus post adjustment at the staff member’s grade and step.

(2) At all other duty stations: two months’ net base salary plus post adjustment at the staff member’s grade and step. If, however, the staff member’s expected period of assignment to the duty station is two years or less, only one month is payable; the second month is payable at the start of the third year at the duty station if the staff member’s assignment is extended to a total of at least three years.

(G) In the case of a staff member for whom an entitlement to removal of household goods exists and who is assigned for one year or more to a duty station in a category other than “H” the lump sum shall be the equivalent of one month’s net base salary plus post adjustment at the staff member’s grade and step.

27 Headquarters, North American, European and other duty stations designated by the International Civil Service Commission as belonging to this category.



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(H) If a change of duty station represents a return to a place at which the staff member was previously stationed, the full amount of assignment grant shall not be payable unless the staff member has been absent from such place for at least two years. In the case of a shorter absence, the amount payable shall be that proportion of the full grant which the completed months of absence bear to two years.

(I) When both spouses are staff members travelling at the Agency’s expense to the same duty station, the daily subsistence portion of the grant shall be paid to each in respect of himself or herself. If they have a dependent child or children, the assignment grant in respect of such child or children shall be paid to the staff member on whom each child is recognized to be dependent. With respect to the lump sum portion of the grant, this shall only be paid to the spouse whose entitlement yields the higher amount.

(J) The Director General may, at his/her discretion, authorize payment of all or part of the assignment grant in cases where the Agency has not been required to pay travel expenses upon the appointment of a staff member.

(K) An assignment grant shall not be payable in connection with travel under an education grant.

ARTICLE X STAFF RELATIONS

STAFF COUNCIL REGULATION 10.01

(a) A Staff Council, elected by the staff members, shall be established for the purpose of ensuring continuous contact between the staff members and the Director General.

(b) The Staff Council shall be composed in such a way as to afford equitable representation to all categories of the staff.

Rule 10.01.1 – Staff Council

(A) Election of the Staff Council shall take place once every two years under regulations drawn up by the Staff Council and agreed to by the Director General.

(B) The Staff Council shall be consulted on questions relating to staff welfare and administration, including policy on appointments, promotions and terminations, and on salaries and related allowances, and shall be entitled to make proposals to the Director General on behalf of the staff on such questions.

(C) Except for instructions to meet emergency situations, general administrative issuances on questions within the scope of paragraph (B) above shall be transmitted in advance to the Staff Council for consideration and comment prior to finalization and being placed in effect.

JOINT MANAGEMENT/STAFF BODIES REGULATION 10.02

The Director General shall establish administrative machinery with staff participation to advise him/her regarding personnel policies, general questions of staff welfare and relevant administrative issuances and to make to him/her such proposals as it may desire for amendment of the Staff Regulations and Rules.

Rule 10.02.1 – Joint Advisory Committee

(A) A Joint Advisory Committee shall be established to advise the Director General in accordance with Staff Regulation 10.02.

(B) The Joint Advisory Committee shall consist of:



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(1) Three members and three alternate members designated by the Director General;

(2) Three members and three alternate members designated by the Staff Council;

(3) A Chairperson and an alternate Chairperson elected from among the members themselves;

(4) A Secretary designated by the Director General.

(C)

(1) Meetings shall be held whenever necessary, at the request of either side.

(2) At the invitation of the Committee, persons other than those mentioned in paragraph (B) above may participate in the Committee’s consideration of particular agenda items.

(D) The Agenda shall consist of items requested by either side. In preparation for each meeting the side requesting a particular agenda item shall prepare relevant working papers in advance. The Committee shall not consider cases of individual staff members.

(E) Working groups to advise on special agenda items may be set up by the Committee as the need arises.

(F) The Committee shall establish its own rules and procedures.

Rule 10.02.2 – Personnel Advisory Panels

(A) The Director General shall establish one or more Personnel Advisory Panels28 with the object of advising him/her in matters relating to:

(1) The selection of candidates to fill vacancies in certain categories of posts, (Joint Advisory Panel on Professional Staff/Joint Advisory Panel on General Service Staff);

(2) The selection of staff members to be recommended for promotion (Joint Advisory Panel on Professional Staff/Joint Advisory Panel on General Service Staff);

(3) The imposition of disciplinary measures (Joint Disciplinary Board) (see Article XI);

(4) Appeals by staff members against administrative decisions (Joint Appeals Board) (see Article XII).

(B) The Director General may establish additional joint management/staff bodies and abolish, modify the functions, or change the composition of the existing ones.

(C) In addition to the members nominated by the Director General, the Staff Council shall designate every two years one member and an alternate member to the Personnel Advisory Panels referred to in paragraph (A)(1) and (2) above.

ARTICLE XI DISCIPLINARY MEASURES

MISCONDUCT REGULATION 11.01

The Director General may impose such disciplinary measures as are in his/her opinion appropriate on staff members whose conduct is unsatisfactory. He/she may summarily dismiss a staff member for serious misconduct.

28 For composition of the Personnel Advisory Panels see AM II/13.



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Rule 11.01.1 – Misconduct

(A) Misconduct is defined as “failure by a staff member to comply with his or her obligations under the Statute of the Agency, the Staff Regulations and Rules or other administrative issuances, or to observe the standards of conduct expected of an international civil servant”.

(B) Misconduct includes but is not limited to:

(1) Acts or omissions in conflict with the general obligations of staff members set forth in Article I of the Staff Regulations and Rules as well as administrative issuances implementing it;

(2) Unlawful acts (e.g. theft, fraud, possession or sale of illegal substances, smuggling) on or off Agency premises, and regardless whether or not the staff member was officially on duty at the time;

(3) Misrepresentation or false certification in connection with any Agency claim or benefit, including failure to disclose a fact material to that claim or benefit;

(4) Assault upon, harassment of, or threats to other staff members;

(5) Deliberately false allegations of misconduct against another staff member;

(6) Retaliation by a staff member against another staff member who in good faith has reported suspected misconduct;

(7) Misuse of Agency equipment or files, including electronic files;

(8) Misuse of office; abuse of authority; breach of confidentiality; abuse of Agency privileges and immunities; and

(9) Acts or behaviour that may discredit the Agency.

Rule 11.01.2 – Disciplinary measures

(A) Disciplinary measures under Staff Regulation 11.01 shall consist of written censure, suspension without pay, fine, demotion or dismissal for misconduct and summary dismissal.

(B) Disciplinary measures under Staff Regulation 11.01 shall not be imposed until the matter has been referred for advice to the Joint Disciplinary Board established under Staff Rule 10.02.2 except that no such advice shall be required:

(1) if referral to the Joint Disciplinary Board is waived by mutual agreement of the staff member concerned and the Director General;

(2) in cases where the alleged offence is construed as serious misconduct warranting summary dismissal and the circumstances are such that dismissal promptly after the commission of the offence is justified and appropriate and that no further investigation is required.

Rule 11.01.3 – Joint Disciplinary Board

(A) The Joint Disciplinary Board shall advise the Director General on the imposition of disciplinary measures as provided for in Staff Regulation 11.01 and Staff Rule 11.01.2 (A).

(B)

(1) The Joint Disciplinary Board shall consist of:

(a) A Chairperson designated by the Director General for each case from a panel of staff members, appointed by him/her after consultation with the Staff Council;

(b) One member to be appointed by the Chairperson from a list of five staff members, nominated by the Director General after consultation with the Staff Council;



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(c) One member (or one of the two alternates), elected by the staff every three years and ranked according to the number of votes received, from the group to which the staff member concerned belongs:

Group I – Staff in the General Service category;

Group II – Staff in the Professional category up to and including the level of P-3;

Group III – Staff in the Professional and higher categories at the level of P-4 and above.

(d) A Secretary appointed by the Director General.

(2) The Chairperson, at the request of either party, may disqualify himself/herself or any member from the consideration of a specific case, if in the opinion of the Chairperson such action is warranted by the relation of himself/herself or of that member to the staff member whose case is to be considered or by any possible conflict of interest. The Chairperson may also excuse any member at that member’s request from the consideration of a specific case.

Rule 11.01.4 – Suspension during investigation and disciplinary proceedings

(A) If the Director General considers that there is prima facie evidence of misconduct by a staff member, he/she may suspend the staff member from duty, with or without pay, during investigation or pending completion of disciplinary proceedings, for a period which should normally not exceed three months. Suspension during investigation and disciplinary proceedings shall not be considered as a disciplinary measure.

(B) If a suspension during investigation is without pay and the charge of misconduct is subsequently not sustained, any salary withheld shall be restored promptly. This also applies if written censure, fine or demotion under Staff Rule 11.01.2 (A) has been imposed. In the event of suspension without pay, dismissal or summary dismissal under Staff Rule 11.01.2 (A), these disciplinary measures may be made effective from the date of suspension; in these cases no entitlement shall accrue during the period of suspension without pay.

ARTICLE XII APPEALS

JOINT APPEALS BOARD REGULATION 12.01

The Director General shall establish administrative machinery with staff participation to advise him/her in case of any appeal by a staff member against an administrative decision in which the staff member alleges the non-observance of the terms of his/her appointment, including all pertinent Regulations and Rules.

Rule 12.01.1 – Joint Appeals Board

(A) A Joint Appeals Board shall be established to advise the Director General regarding appeals by staff members under Staff Regulation 12.01.

(B)

(1) The Joint Appeals Board shall consist of:

(a) A Chairperson designated by the Director General for each case from a panel of staff members, appointed by him/her after consultation with the Staff Council;

(b) One member to be appointed by the Chairperson from a list of five staff members, nominated by the Director General after consultation with the Staff Council;



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(c) One member (or one of the four alternates) elected by the Staff every three years and ranked according to the number of votes received;

(d) A Secretary appointed by the Director General.

(2) The Chairperson, at the request of either party, may disqualify himself/herself or any member from consideration of a specific case, if in the opinion of the Chairperson such action is warranted by the relation of himself/herself or of that member to the staff member whose case is to be considered or by any possible conflict of interest. The Chairperson may also excuse any member at that member’s request from the consideration of a specific case.

(C)

(1) The Joint Appeals Board shall be competent to hear appeals by staff members against administrative decisions alleging the non-observance of terms of appointment.

(2) In cases of termination or other action on grounds of inefficiency or relative efficiency, the Board shall not consider the substantive question of efficiency, but only evidence that the decision has been motivated by prejudice or by some other extraneous factor.

(3) The Joint Appeals Board shall decide questions regarding its own competence.

(D)

(1) A staff member who, under the terms of Staff Regulation 12.01 wishes to appeal against an administrative decision, shall, as a first step, address a letter to the Director General, requesting that the administrative decision be reviewed or reconsidered by him/her. Such letter must be sent within two months from the time the staff member received notification of the decision in writing.

(2) If the staff member wishes to appeal against the answer received from the Director General he/she shall submit his/her appeal in writing to the Secretary of the Joint Appeals Board within one month from the date of receipt of the answer. If no answer has been received from the Director General within one month of the date the letter under subparagraph (1) above was sent to him/her, the staff member shall, within the following month, submit his/her appeal in writing to the Secretary of the Joint Appeals Board.

(3) An appeal shall not be considered by the Joint Appeals Board unless the above time limits have been met, provided that the Board may waive the time limits in exceptional circumstances.

(4) Before the Joint Appeals Board undertakes consideration of an appeal, the staff member concerned shall be notified of the composition of the Board.

(5) A staff member may arrange to have his/her appeal presented to the Joint Appeals Board on his/her behalf by another serving or retired staff member. He/she may not, however, be represented before the Board by a person who is not a member or a retired member of the staff of the Agency.

(6) The filing of an appeal with the Joint Appeals Board shall not have the effect of suspending action on an administrative decision which is the subject of the appeal.

(7) The Board shall have authority to call members of the staff who may be able to provide information concerning the issues before it, and to request the production of documents.

(8) The Joint Appeals Board shall, by majority vote, adopt and submit a report to the Director General. The report shall be considered as constituting a record of the proceedings of the appeal and may include a summary of the matter as well as the Board's recommendation. Votes on the recommendation shall be recorded, and any member of the Board may have his/her dissenting opinion included in the report. The Secretary of the Joint Appeals Board shall have no right to vote.

(9) In considering an appeal, the Joint Appeals Board shall act with the maximum of dispatch consistent with a fair review of the issues before it. The Board shall submit its report to the Director



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General within three months after undertaking consideration of an appeal. The Board may, however, with the agreement of the Director General, extend this time limit in exceptional circumstances.

(10) The final decision in the matter, together with a copy of the Board’s report, shall normally be forwarded by the Director General to the staff member within 30 days after the Board has taken its decision. The Director General's decision and a copy of the Board's report shall also be transmitted to the Staff Council.

REGULATION 12.02

The Board of Governors shall make arrangements for the hearing by an independent tribunal of an appeal by a staff member against any administrative decision directly affecting him/her.

Rule 12.02.1 – Administrative Tribunal

(A) Staff members shall have the right to appeal to the Administrative Tribunal of the International Labour Organization, in accordance with the provisions of the Statute of that Tribunal, against administrative decisions taken after reference to the Joint Appeals Board and against disciplinary action taken after reference to the Joint Disciplinary Board.

(B) A staff member may, in agreement with the Director General, waive the jurisdiction of the Joint Appeals Board and appeal directly to the Administrative Tribunal of the International Labour Organization, in accordance with the provisions of the Statute of that Tribunal.

ARTICLE XIII GENERAL PROVISIONS

REGULATION 13.01

The Staff Regulations may be supplemented or amended by the Board of Governors without prejudice to the acquired rights of members of the Secretariat.

REGULATION 13.02

The Board of Governors shall report annually to the General Conference all such amendments.

REGULATION 13.03

Subject to the availability of funds, the Director General is authorized to implement United Nations General Assembly decisions taken in respect of recommendations made under Article 10 of the Statute of the International Civil Service Commission subject to approval by the Board of Governors of amendments to these Regulations. The Director General shall report on such implementation, and submit proposals for amendments to the Staff Regulation(s) concerned, to the Board of Governors at its next meeting.

Rule 13.03. 1 – Exceptions to Staff Rules

Exceptions to the Staff Rules may be made by the Director General provided that any such exception is not inconsistent with any Staff Regulation or other decision of the Board of Governors or of the General Conference, and provided further that it is agreed to by the staff member directly affected and is, in the opinion of the Director General, not prejudicial to the interests of any other staff member or group of staff members.



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REGULATION 13.04

Staff members shall be entitled, within the limits and under the terms and conditions as may be established by the Director General, to reasonable compensation in the event of loss of or damage to their personal effects determined by the Director General to be directly attributable to the performance of official duties on behalf of the Agency.

REGULATION 13.05

The Director General shall make provisions to avoid duplication of benefits if the spouse of a staff member of the Agency is employed in the Agency or another organization applying the entitlements and benefits of the United Nations Common System. Without prejudice to the above, the Director General may decide to maintain certain separate entitlements and benefits if the spouse’s duty station is different from that of the staff member.

ARTICLE XIV DEFINITIONS

REGULATION 14.01

Members of the Secretariat shall mean the Director General and staff members appointed by him/her, whether on a secondment basis or by direct appointment, to full-time or part-time duties with the Agency, whose contracts specify that they are subject to these Regulations.

REGULATION 14.02

Staff members shall mean persons appointed by the Director General, whether on a secondment basis or by direct appointment, to full-time or part-time duties with the Agency, whose contracts specify that they are subject to these Regulations.

Documents

STAFF REGULATIONS AND STAFF RULESPART II PERSONNEL ADMINISTRATION AND STAFF WELFARE AM.II/1 Page iv Section 1 Staff Regulations and Staff Rules Issued: 2014-02-03 Rule 5.01.2 – Adjustment