Rule No. 1232 of 15 December 2005 laying down the conditions of recruitment and employment of temporary staff members from 1 January 20061
Part I – Definition 2
Part II – General provisions 2
Part III – Conditions 4
APPENDIX I: LIST OF STANDARD DUTIES FOR TEMPORARY CONTRACTS 11
APPENDIX II: REMUNERATION OF TEMPORARY TRANSLATORS 12
The Secretary General of the Council of Europe,
HAVING REGARD to Resolution Res(2005)5 adopted by the Ministers’ Deputies at their 936th meeting,
CONSIDERING that rules should be laid down concerning the conditions of recruitment and employment of temporary staff members from 1 January 2006,
HAVING CONSULTED the Staff Committee in accordance with Article 5 of the Regulations on Staff Participation (Appendix I to the Staff Regulations),
Part I – Definition
1. A temporary member of staff is any person who
- is engaged for a period of time that does not exceed the limits laid down in Articles 6, 7 and 8 below,
- is under the authority of the Secretary General and
- provides temporary services to the Organisation on the basis of a contract carrying remuneration on either a monthly basis (hereafter “M contract”) or a daily basis (hereafter “J contract”).
Part II – General provisions
2.1. The following provisions of the Staff Regulations shall apply to temporary members of staff:
- Article 2 on hierarchical authority
- Article 3 on non-discrimination
- Articles 6, 7 and 10 on staff participation and representation, regard being had to the special conditions concerning length of service laid down in the Regulations on Staff Participation (Appendix I to the Staff Regulations)
- Article 14 (a) on recruitment conditions
- Article 24 on the age limit for retirement
- the provisions of Part III on the duties and obligations of staff, with the exception of Articles 29 and 32-35
- Article 40 on protection of staff members in their official capacity, Article 42.1.a and 2 on the payment of certain expenses by the Council of Europe, Article 47 on freedom of association and Article 48 on the certificate of employment
- Article 46 on personal administrative files2
- Article 50 on hours of work
- Article 52 and Appendix IX on part time work (for M contract holders only)
- Article 53 on training
- Articles 59 to 61 on disputes and
- the provisions of Part VI on discipline and Appendix X on Disciplinary Proceedings, with the exception of Article 54 paragraph 2 c) and d).3
2.2. The following privileges and immunities provided for in Article 18 of the General Agreement on Privileges and Immunities of the Council of Europe, referred to in Article 39 of the Staff Regulations, shall be granted to temporary members of staff in the interests of the Council:
- immunity from legal process in respect of words spoken or written and all acts performed by them in carrying out their tasks and duties within the limit of their authority (Article 18.a)
- exemption from taxation on salaries (Article 18.b)
- exemption from aliens’ registration (Article 18.c) and
- exchange and repatriation facilities (Article 18.d and e), except in the case of temporary members of staff who are nationals of the country in which they carry out their duties and who, before taking up their duties, were ordinarily resident in that country.
3.1. Temporary contracts shall be concluded for specified periods of time.
3.2. They shall terminate without prior notice on the date stipulated therein.
3.3. They may be renewed in accordance with the conditions laid down in this Rule, but renewal shall not confer entitlement to further renewal or to conversion into another type of contract.
4.1. The contracts of temporary members of staff may also be terminated:
a. without prior notice, where the termination has been imposed as a disciplinary measure in the manner prescribed by the provisions of Part VI of the Staff Regulations and the Regulations on Disciplinary Proceedings (Appendix X to the Staff Regulations);4
b. without prior notice, if they knowingly made false statements in their application for employment or at the time of their engagement;5
c. with the requisite notice and after a written warning, for manifest unsuitability or unsatisfactory work on their part; no written warning shall be issued before the temporary staff members concerned have been heard by the Director of Human Resources; at their meeting with the Director of Human Resources, the staff members concerned may be assisted by a person of their own choice; the Director of Human Resources shall have the right to ask a person of his or her choice to attend the meeting.
4.2. In the cases referred to in paragraph 4.1 b. and c. above6 the decision to terminate a contract, which shall be accompanied by reasons, shall be taken after the temporary member of staff concerned has been heard by the Director of Human Resources and given an opportunity to consult his or her file. At their meeting with the Director of Human Resources, the staff members concerned may be assisted by a person of their own choice; the Director of Human Resources shall have the right to ask a person of his or her choice to attend the meeting.
5. Rule No. 1134 of 8 February 2005 on Mediation and Instruction No. 44 of 7 March 2005 on the protection of human dignity in the Council of Europe shall apply to temporary members of staff.
Part III – Conditions
III.1 Conditions of recruitment
6. J contracts shall be concluded for periods of less than four weeks. They may not total more that 100 working days in any calendar year.
7. M contracts shall be concluded for periods of one or more months up to a maximum of 9 months7 in any calendar year. They may be renewed, subject to the above-mentioned maximum.
8. For the purposes of calculating the maximum yearly contracts, should a temporary staff member be engaged on both J and M contracts during the year, each five days of J contracts shall be considered as equivalent to one week under an M contract.
III.2 Conditions of employment
9. Temporary contracts shall specify the amount of remuneration and their duration as well as their holders’ duties in accordance with the list of standard duties appearing in Appendix I and all other conditions of employment.
10. The remuneration of temporary members of staff shall be calculated by reference to the first step of the basic salary for the appropriate grade on the lists appearing in Appendix I.
In the case of temporary staff translators, the remuneration will take account of the temporary staff member’s qualifications and experience in accordance with Appendix II.
11. In the case of M contracts, the remuneration shall follow the development of the reference scale. Adjustments shall take place in the same conditions as for permanent staff. However, should there be any retroactive effect it may not extend beyond the financial year preceding the change in the reference scale.
12. The Director General of Administration and Logistics may lay down special scales of remuneration for categories of J contract-holders whose duties cannot be assimilated to any of those listed in Appendix I, including session staff and staff engaged for the operation of the television studio.
13. In the case of J contracts, the remuneration shall be equal to 1/22nd of the reference salary and, unless the contract expressly provides otherwise, shall be payable only for days actually worked.
14. In the case of M contracts, the remuneration shall be equal to the monthly reference salary.
15. Remuneration shall be payable at the end of the month during which the contract period ends in the case of J contracts and at the end of each calendar month in the case of M contracts.
16. The above-mentioned forms of remuneration are fixed amounts. Subject to any exceptional provisions laid down by the Director General of Administration and Logistics and specified in the contract, the remuneration shall be exclusive of all bonuses or allowances, including all payments for overtime. Compensation for overtime shall be secured through the overall adjustment of working hours, save in exceptional cases where the temporary staff member is required to work on Sundays and public holidays, in respect of which remuneration shall be paid at 1.5 times the daily rate.
17. In the case of J contracts, wherever possible, the working hours for the first and/or last day of the contract shall be so arranged that the temporary staff member may make the journey(s) during the contract period. However, where such arrangements prove impossible, temporary staff members residing more than 200 km from their duty station at the time of their recruitment shall receive in addition half-a-day’s remuneration for the outward journey and the same amount for the return journey.
Daily subsistence allowance
18. A temporary staff member is considered as having been locally recruited if he or she was already at the place of the duty station or within a range of 100 km from that place, at the moment at which the contract offer was made, whatever the reason for such presence (studies, training, former employment of whatever length, family or personal reasons) or its duration.
19.1. In the case of J contracts, a daily subsistence allowance shall be payable for each day’s presence at the duty station to temporary staff members who are not locally recruited.
19.2. In the case of temporary staff members residing more than 200 km from their duty station, one half of such allowance shall in addition be payable for the outward journey and also for the return journey if it is not stipulated in the contract that the temporary staff member may travel during the contract period.
19.3. Special arrangements may be provided for in the case of temporary staff members residing between 50 and 100 km of the place of their duty station if their presence is requested between 8 p.m. and 7 a.m.
19.4. This allowance shall be equal to 57.62%8 of the daily allowance payable to permanent staff. The daily allowance(s) for temporary staff shall be adjusted at the same intervals as the scales for permanent staff, without retroactive effect.
20. In the case of M contracts, the daily subsistence allowance shall be replaced by a monthly residence allowance representing 15 % of the remuneration for temporary staff members who are not recruited locally. The amount of this allowance shall be specified in the contract.
20a. The allowance provided for in Article 20 shall be paid during a maximum period of six consecutive months.9
21. Travel expenses for journeys from and back to the temporary staff member’s place of residence at the time of recruitment shall be borne by the Council of Europe, on the same conditions as those laid down in respect of permanent staff members, except where the temporary staff member uses a private car, in which case he or she shall be reimbursed on the basis of the second-class rail fare or the air fare. In any event, only travel expenses actually incurred shall be repayable.
22. Temporary members of staff shall arrange to travel as cheaply as possible and, wherever possible, shall take advantage of any reduced fares available (excursion fares, weekend fares, etc).
23. The term “travel expenses” denotes rail and air fares, airport charges and bus fares for journeys outside urban areas, to the exclusion of all other expenses (local public transport, taxis etc). Expenses incurred in switching from one means of transport to another or in travelling from the home address or the place of work to the railway station or airport and vice-versa shall be reimbursed on a lump-sum basis, whatever the means of transport used, within the limit of the fare by the appropriate public transport service.
24. The Council of Europe shall inform all temporary staff that their employment with the Council of Europe is not subject to any national unemployment insurance scheme or any similar private scheme.
25. Allowances in respect of dependent and handicapped children shall be payable to holders of M contracts on the conditions laid down for permanent staff.
26. Temporary staff members’ contributions to the different social insurance schemes described below shall be deducted from their salaries.
Temporary staff members employed in France
27. Holders of M and J contracts shall be affiliated to the French social security scheme and a supplementary pension scheme.
Holders of M contracts shall also be affiliated to a compulsory supplementary insurance scheme which provides cover in respect of sickness, accident, maternity, death and invalidity.
28. The Directorate of Human Resources may decide to make affiliation to the social security scheme and the supplementary pension fund optional for temporary staff not resident in France or, in exceptional cases, resident in France, who provide satisfactory evidence that they are already adequately insured. If the latter express the wish not to be affiliated to the social security scheme, they shall be insured with a private insurance company against death and invalidity resulting from an accident occurring during their contract period and in respect of the cost of treatment occasioned by an accident or by sickness occurring during the same period.
Temporary staff members employed outside France (except in Portugal and Belgium)
29. Holders of M contracts shall be covered by the Council’s compulsory insurance scheme in respect of sickness, accident, maternity, death and invalidity (CEMSIS). They shall also be affiliated to a compulsory pension scheme established by the Council for this purpose.
30. Holders of J contracts shall be insured with a private insurance company against death and invalidity resulting from an accident occurring during their contract period and in respect of the cost of treatment occasioned by an accident or by sickness occurring during the same period.
Temporary staff members employed in Portugal and Belgium
31. Holders of M contracts shall be affiliated to the respective country’s social security scheme. They shall also be covered by compulsory supplementary insurance schemes in respect of sickness, accident, maternity, death, invalidity and old age.
32. Wherever possible, holders of J contracts shall be affiliated to the respective country’s social security scheme. In all other cases, they shall be insured with a private insurance company against death and invalidity resulting from an accident occurring during their contract period and in respect of the cost of treatment occasioned by an accident or by sickness occurring during the same period.
33. Holders of M contracts shall be entitled to two-and-a-half working days’ leave with pay for every month of service. They must use up their leave entitlement before the final expiry of their contracts.
Holders of M contracts shall be entitled to special leave for the same periods as permanent staff, on the following grounds:
- birth or adoption of a child,
- death of a child,
- death of a spouse or partner,
- death of a parent, brother or sister.
Holders of M contracts shall be entitled to special leave to care for sick children under the same conditions as permanent staff. The entitlement shall be 0.5 days in respect of each month covered by the contract, up to a maximum of 3 days for every 6-month period.
Effect of sickness, maternity/paternity
34. Holders of M or J contracts who are obliged to stop working because of sickness or an accident shall immediately inform their administrative unit and send a medical certificate to the Directorate of Human Resources within 48 hours.
35. Where the sickness is duly attested by a medical certificate, temporary staff members shall continue to receive their salary from the Council of Europe for a period of three days. For M contract holders, this period is extended by two days for every month of service completed during the preceding 24 months, to a maximum of 30 days and the provisions of Article 36 below shall be applied.
36.1. Should temporary staff members be unable to resume work at the end of the above-mentioned period, they will no longer be remunerated by the Council of Europe but shall continue to draw such allowances as may be payable under the relevant social security system and/or under CEMSIS provided they meet the relevant requirements.
36.2. To this end, for a period of up to three months from the end of the period defined in Article 35 above the Organisation will maintain in full the temporary staff members salaries until their return to work or, at the latest, until the expiry of their contract with the Organisation, in the event that the contract expires before the end of the absence on account of illness and marks the end of their employment with the Organisation.
36.3. During that period of up to three months the allowances paid under the relevant social security system and CEMSIS will be paid to the Council of Europe.
36.4. After the expiry of the three-month period the employment of temporary staff members unable to resume work shall be suspended until their return to work and any payments due under the relevant social security system or, where applicable, CEMSIS, will be paid directly to them.
36.5. Should the temporary staff member’s employment with the Organisation end prior to this three-month period, any payments due under the relevant social security system or, where applicable, CEMSIS, will be paid directly to the former temporary staff member.
36.6. The Council of Europe shall continue to pay temporary staff members any family benefits and subsistence allowance to which they are entitled as long as they remain in employment, including during a period of suspension of the contract.
37. In the event of maternity or paternity, temporary members of staff under M contracts shall continue to receive their salary for the entire duration of their maternity or paternity leave as stipulated in the relevant rule concerning permanent staff or until expiry of their contract with the Organisation, in the event that the contract expires before the end of the maternity or paternity leave. In such a case, for entitlement to the daily social insurance allowance, temporary staff shall be subject, after expiry of the contract, to the conditions of the relevant social security system.
Termination of contracts
38. Unless otherwise stipulated in the contract, the first week’s work covered by a first contract shall constitute a trial period. If the term of the initial contract exceeds one month, the trial period shall be for one week in respect of each month covered by the contract, up to a maximum of one month. During this period the contract may be terminated by either party without prior notice.
39. The contract may be terminated by the Organisation without prior notice in the cases specified in Article 4.1.a above, and with one month’s notice for M contracts of more than one month in the cases specified in Article 4.1.b and 4.1.c above. A temporary staff member may resign on giving one week’s notice for each month of his or her contract served, to a maximum of four weeks.
Part IV: Conference interpreters
40. The conditions of employment of conference interpreters paid on a daily basis, who are for the duration of their contracts temporary staff members subject to the authority of the Secretary General, are governed by a special Rule.
Part V: Field and Information Offices
41. The conditions of recruitment and employment of locally recruited staff members working in Information and Field Offices are governed by a special Rule.
Part VI: Notice figuring in all contracts
42. The following notice shall be inserted into every contract:
It is brought to your attention that
- this temporary contract will terminate without prior notice on the stipulated date;
- your employment with the Council of Europe is not subject to any national unemployment insurance scheme or any similar private scheme;
- any renewal of the contract will not confer entitlement to further renewal or to conversion into another type of contract. In particular, a temporary member of staff may hold a permanent post or position only if appointed after a recruitment procedure in accordance with the Regulations on Appointments."
Part VII: Final provisions
43. This Rule shall enter into force on 1 January 2006.
44. Rule No. 821 only applies to temporary staff members covered by Article 4 bis, Article 4 ter, Article 4 quater and Article 8 (a) thereof.10
45. Notwithstanding Appendix II11, temporary staff members having had A-grade contracts in 2005 shall be able to receive contracts with the same grade for the periods specified under 6-8 of this Rule, provided that this is justified by the nature of the duties assigned to them. The question of the basic salary aside, the employment conditions of these staff members shall be exclusively governed by this Rule.12
Strasbourg, 15 December 2005
The Secretary General
APPENDIX I: LIST OF STANDARD DUTIES FOR TEMPORARY CONTRACTS
Novice driver, messenger (less than 2 years or 700 days), distributor, storehand and equivalent
Guillotine operator, messenger (more than 2 years or 700 days), duplicator operator, keyboard operator, usher, experienced driver and equivalent, assistant photographer
Caretaker, chief usher
Novice radio technician, specialist technical assistant, technician or equivalent
Chief technician and equivalent
Radio technician, photographer
Assistant and typist (less than 2 years’ or 700 days’ seniority) with the exception of seconded staff, junior clerk, documents auxiliary, press trainee, novice switchboard operator and equivalent;
Assistant and typist (more than 2 years’ or 700 days’ seniority), clerk, experienced switchboard operator, novice proof-reader, library assistant, reader, receptionist and equivalent;
Senior clerk, nurse, reader-proof-reader, chief receptionist, assistant laboratory technician, novice administrative assistant and equivalent
B3 + ISB B3/4
Administrative assistant and equivalent
Principal administrative assistant and equivalent
APPENDIX II: REMUNERATION OF TEMPORARY TRANSLATORS
Reference grade and step
500 days’ experience
1800 days’ experience at level II or 2300 days in total
1000 days’ experience at level III (AITC grades RII and RIII)
When calculating the length of experience, account will be taken of employment with the Council of Europe as well as of certified periods of activity with other international organisations.