APPENDIX VIII: Regulations on extra duties and night work1
Article 1 – Scope
These Regulations, issued in accordance with Article 51 of the Staff Regulations and pursuant to Article 10 of the Appendix IV to the said Regulations, lay down the conditions under which staff members may be required to carry out extra duties outside normal working hours and to perform night work, and prescribe the rules governing compensation for extra duties.
Article 2 – Obligations
1. In the case of urgency, an excessive workload or other exigencies of the service staff members shall be required to carry out duties outside normal working hours when formally requested to do so.
2. This obligation shall apply equally on Saturdays and, exceptionally, on Sundays, public holidays as defined by the internal regulations and other non-working days fixed by the Secretary General.
Article 3 – Definitions
1. For the purposes of these Regulations ‘‘overtime’’ means any hours worked outside the applicable working hours on the instructions of the competent superior authority.
2. “Night work” is any work done in this way between 10 p.m. and 7 a.m. on the instructions of the competent superior authority.
Article 4 – Competent authority – authorisation
1. Subject to paragraphs 2 and 3 of this Article, Directors and Heads of Department shall decide whether overtime is to be worked.
2. Night work and work on Sundays, public holidays and non-working days shall require the prior authorisation of the Head of Human Resources Division.
3. The prior authorisation of the Head of Human Resources Division is also required for any overtime which may give rise to financial compensation.
Article 5 – Limitation of extra duties
1. Extra duties shall be kept to a minimum.
2. Total overtime required of a member of staff shall not exceed 15 hours per week and 30 hours per month. In exceptional cases this monthly limit may be exceeded provided that the member of staff does not work more than 150 hours of overtime per half year.
Article 6 – Compensation - Basic principles
1. Overtime worked by staff in categories A and L shall not give rise to compensation. However, in exceptional cases compensatory time off may be granted to staff of these categories if they are repeatedly required to perform very considerable periods of overtime.
2. Overtime worked by staff in categories B and C shall entitle them to compensatory leave.
3. If the exigencies of the service are such that compensatory leave cannot be granted an allowance in lieu may be paid to staff in category C and grades B1, B2 and B3.
4. Overtime shall not qualify for compensation unless it exceeds 30 minutes.
Article 7 – Rules governing compensation for overtime
1. Overtime worked by staff in categories B and C shall entitle them to compensation in accordance with the conditions set out below:
a. every hour of overtime shall entitle the member of staff to a corresponding period of compensatory leave; if the overtime is worked on a Sunday, a public holiday or between 10 p.m. and 7 a.m. the compensatory leave shall be increased by 50%. Such leave shall be granted in the week or weeks following the overtime;
b. if the exigencies of the service are such that full compensatory leave cannot be granted the staff members concerned shall receive, in the cases provided for in paragraph 3 of Article 6, overtime payment at the rate of 0.06% of the average annual salary of the staff member’s grade increased by 50% for work done on Sundays and public holidays or between 10 p.m. and 7 a.m.
2. Compensation for overtime may not be given solely in the form of a payment and compensatory leave must be taken for at least 20% of the total monthly overtime. This provision shall not apply to overtime worked by drivers.2
3. Compensation may not be granted for more than 20 hours per month. Nevertheless certain staff members working in special conditions and whose work regularly exceeds the working hours of staff in general may, by virtue of a decision by the Secretary General, claim payment for a maximum of 30 hours of overtime per month or a lump sum allowance the amount of which shall be fixed by the Secretary General and not exceed the equivalent of 30 hours overtime.
Article 8 – Night work
1. Night work may not be prejudicial to the daily rest of staff members, which must average at least 11 hours over the course of a working week, and may not be less than eight hours.
2. In no circumstances may pregnant women be required to do night work.
3. No member of staff may be called upon to perform night work regularly without undergoing a prior medical examination.
Article 9 – Shift work
1. Members of staff on shift work shall not thereby be entitled to compensation if the duration of their work, calculated over a three-monthly period, does not exceed that of the other members of staff.
2. However, where this is justified by the regular nature of the shifts and other circumstances, the Secretary General may grant a monthly lump sum payment or additional leave to such members of staff for particularly long periods of work performed at night or on Sundays. This payment may not exceed 0.5% of the annual average salary for grade C3.
Article 10 – Official journeys
1. Time taken to travel to the place of work or to make an official journey cannot be considered to constitute overtime within the meaning of these Regulations.
2. Working hours on duty while away shall be according to needs.
Hours worked on duty from Monday to Friday while away cannot constitute overtime.
3. Hours worked on the occasion of a Council of Europe meeting away from headquarters on Saturdays, Sundays, public holidays or non-working days shall be considered to be overtime when they exceed half a day and are in the performance of the normal professional duties of the member of staff.
In such cases the provisions of Articles 6 and 7 above shall apply.
Mere attendance at a colloquy, ceremony or official visit shall not be considered as overtime.
4. The provision contained in paragraph 1 of this Article shall not prevent the exceptional granting of compensatory time off following the official journey when the journey has been made in particularly arduous circumstances.