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CM(2007)147 Corrigendum 26 September 20071
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1009 Meeting, 24 October 2007
11 Administration and Logistics


11.5 Management of Staff Under-performance

Draft Resolution adding Article 22bis to the Staff Regulations and amending Article 23 thereof
Secretariat memorandum prepared by the Directorate General of Administration and Logistics

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This corrigendum takes into account the amendments proposed during the GR-AB meeting on 25 September 2007. In the absence of possible comments by Monday, 1 October 2007 at 5 p.m., it was agreed to submit the revised draft resolution for adoption by the Deputies at their 1007th meeting (10 October 2007).

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Revised draft Resolution Res(200)…
adding Article 22bis to the Staff Regulations and amending Article 23 thereof
(Adopted by the Committee of Ministers on … 2006
at the … meeting of the Ministers' Deputies)

The Committee of Ministers, under the terms of Article 16 of the Statute of the Council of Europe,

Considering that an article dealing with under-performance should be added to Staff Regulations,

Considering that Article 23 of the Staff Regulations must be amended accordingly,

Considering that consistency in terminology requires the modification of one of the terms used in Article 5 of the Regulations on Appointments (Appendix II to the Staff Regulations) must be changed,

On a proposal of the Secretary General,

Resolves as follows:

1. Article 22 bis should be inserted in the Staff Regulations reading as follows:

“Article 22 bis - Under-performance

    1. The Head of a Major Administrative Entity who, taking due account of further to the results of appraisal concluding considers that the performance of one of his/her staff members is not satisfactory shall initiate an individual-performance-enhancement process for the benefit of the staff member. This process, which shall be run with the assistance of the Directorate of Human Resources of the Directorate General of Administration and Logistics, shall involve regular monitoring of the attainment of appropriate objectives by the staff member concerned. It shall last at least six months and cannot exceed one year. If at the end of the process, the Head of the Major Administrative Entity continues not to consider noting that the performance of the staff member in question remains unsatisfactory, s/he the Head of the Major Administrative Entity shall propose an under-performance measure to the Secretary General.

    2. The Secretary General may, depending on the degree of under-performance by the staff member concerned, impose on him/her one of the following under-performance measures:

- deferment of advancement to a higher step,
- relegation in step,
- downgrading,
- termination of contract.

    3. The Secretary General may impose an under-performance measure only after s/he has consulted the Board on Under-performance, which shall consist of the Chair of the Disciplinary Board and four staff members chosen according to the procedure laid down for the Disciplinary Board. The Secretary General shall transmit a proposal to the Board which shall hear both the staff member concerned, who may be assisted by a person of his or her choice, and the Head of his/her Major Administrative Entity. It shall formulate, within one month, an opinion with reasons for the Secretary General. A termination-of-contract measure shall carry prior notice of at least three months.

    4. The Secretary General shall issue a Rule for the implementation of the provisions of this Article.”

2. Point iii in Article 23 paragraph 3 b of the Staff Regulations should read as follows:

    “iii. manifest unsuitability or unsatisfactory work on the part of the staff member, calling for the imposition of a termination-of-contract under-performance measure under Article 22bis, in cases where the individual-performance-enhancement process has not had any positive results. A termination-of-contract measure shall carry prior notice of at least three months.2

3. The words “Major Administrative Units” in Article 5 paragraph 3 of the Regulations on Appointments (Appendix II to the Staff Regulations) should be replaced by the words “Major Administrative Entities”.

4. This Resolution shall enter into force on 1 December 2007.

Note 1 This document has been classified restricted at the date of issue; it will be declassified in accordance with Resolution Res(2001)6 on access to Council of Europe documents..
Note 2 Amendment proposed by the Swiss delegation subsequent to the GR-AB meeting.


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