Rule No. 1234 of 15 December 2005 laying down the conditions of recruitment and employment of locally recruited temporary staff members working in Council of Europe Duty Stations located outside of France 1
PART I: SCOPE AND DEFINITIONS 1
PART II: GENERAL PROVISIONS 2
PART III: CONDITIONS 4
PART IV: FINAL PROVISIONS 7
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 locally recruited temporary staff members working in Council of Europe Duty Stations located outside of France,2
HAVING CONSULTED the Staff Committee in accordance with Article 5 of the Regulations on Staff Participation (Appendix I to the Staff Regulations),
PART I: SCOPE AND DEFINITIONS
1. This rule applies to all locally recruited temporary staff members working in Council of Europe Duty Stations located outside of France.3
2. A “locally recruited temporary staff member” is a person already present in the host country at the time of recruitment, whatever the reason for such presence (permanent residence, studies, training, former employment of whatever length, family or personal reasons), who is engaged for a limited period of time to work for the Organisation, under the authority of the Secretary General, on the basis of a contract drawn up in accordance with this Rule.
3. “Host country” is the country where a Duty Station is based.4 .
PART II: GENERAL PROVISIONS
4. Given the time-limited nature of temporary employment, the following provisions of Staff Regulations shall apply to locally recruited temporary staff members:
a. Article 2 on hierarchical authority
b. Article 3 on non-discrimination
c. 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)
d. Article 24 on the age limit for retirement
e. the provisions of Part III on the duties and obligations of staff
f. Article 40 on protection of staff members in their official capacity, Articles 42.1a 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
g. Article 46 on personal administrative files5
h. Article 52 and Appendix IX on part-time work
i. Article 53 on training
j. the provisions of Part VI on discipline and Appendix X on Disciplinary Proceedings6 and
k. Articles 59, 60 and 61 on disputes.
4 bis.7 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 locally recruited temporary staff members 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 salary (Article 18.b).
Following negotiations pertaining to Duty Stations in host countries which are not Council of Europe member states, the Secretary General may decide, where appropriate and on a case-by-case basis, that one or both of these exemptions shall not be granted to locally recruited temporary staff members of certain Duty Stations in such countries.89
5. The employment contracts of locally recruited temporary staff members shall be concluded for specified periods of time. They may be renewed as long as the Duty Station exists, but renewal shall not confer entitlement to further renewal or to conversion into another type of contract.10
6. Unless otherwise stipulated in the contract, if the length of the initial employment contract is from one month to six months, the trial period shall be for one week in respect of each month covered by the employment contract. For longer contracts, the first two months of the work shall be regarded as a trial period. During the trial period the employment contract may be terminated by either party without prior notice.
7. The employment contracts shall terminate without prior notice on the date stipulated therein.
8. The employment contracts of locally recruited temporary staff members may be terminated by the Secretary General:
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);11
b. without prior notice, if they knowingly made false statements in their application for employment or at the time of their engagement;12
c. with one month’s notice and after a written warning, for manifest unsuitability or unsatisfactory work on their part;
d. with three months’ prior notice, for a lack of available financing.13
9. In the cases referred to in paragraph 8 b. and c. above14 the reasoned decision to terminate an employment contract shall be taken after the locally recruited temporary staff member concerned has been heard by his or her hierarchical superior.15
10. Employment contracts up to 12 months may be terminated by staff members with one month’s prior notice. In the event of a contract being extended beyond a period of 12 months, the period of prior notice shall be three months.
PART III: CONDITIONS
III.1 Conditions of recruitment
11. A contract of a locally recruited temporary staff member may be offered by the Director of Human Resources, with the agreement of the Head of the Major Administrative Entity concerned, to persons within the definition laid down in Article 2 who are selected on the basis of the qualifications and experience required for the job for which they are being considered.
12. A candidate may be engaged on such a contract only if he or she is a national of a member state of the Organisation or of the host country.
13. The aim of recruitment shall be to employ staff of the highest ability, efficiency and integrity.
III.2 Conditions of employment
2.1 Offer of employment
14. The offer of employment shall set out the various items of remuneration as well as any deductions for social insurance etc. It shall also specify the duration of the contract, the grade corresponding to the duties to be performed by the locally recruited temporary staff member (in accordance with the list of standard duties appearing in the Appendix hereto), the working hours and all other conditions of employment.
2.2 Physical Ability and medical examination
15. The candidate may be engaged only if he or she meets the physical requirements for performance of the contractual duties and presents a medical certificate attesting to that fact, written in one of the two official languages of the Organisation.
16. Remuneration shall comprise a basic salary and, where appropriate, one or more of the following allowances, payable on the conditions set out in the Regulations governing Staff Salaries and Allowances (Appendix IV to the Staff Regulations):
- allowance in respect of dependent children
- allowance for handicapped children.
Locally recruited temporary staff members will be required to provide the necessary documentary evidence (translated into one of the official languages of the Organisation) as well as a declaration on their honour indicating what, if any, allowances in respect of dependent or handicapped children they receive from any other source.
Any such amounts will be deducted from the allowances payable under this article.
17. The provisions of the rule on hazard allowance shall apply.
18. The salaries of locally recruited temporary staff members shall be based on the scales of the Co-ordinated Organisations. Where such scales do not exist, salaries shall be based on UN scales for the General Service Category in the country concerned, or if not on any other equivalent scale.
The basic salary shall be fixed by reference to the first step of the grade corresponding to the duties of the locally recruited staff member, who shall be entitled to salary-scale increments in accordance with Article 3 of the Regulations governing staff salaries and allowances (Appendix IV to the Staff regulations).
However, the Director of Human Resources, with the agreement of the Head of the Major Administrative Entity concerned, may, in exceptional circumstances, and having stated the reasons for this decision, allow additional seniority in the grade on initial recruitment in order to take account of the staff member’s training, relevant experience and/or specific responsibilities.
The remuneration shall be adjusted in accordance with the development of the reference scale. Should there be any retroactive effect it may not extend beyond the financial year preceding the change in the reference scale.
The Director of Human Resources, with the agreement of the Head of the Major Administrative Entity concerned, may lay down special remuneration scales for locally recruited temporary staff members whose duties cannot be assimilated to any of those listed in the Appendix hereto.
19. Remuneration shall be paid:
a. in the currency of the applicable scale of the Co-ordinated Organisations; or
b. in Euro where it is based on a United Nations salary scale or equivalent. If the reference salary is in a currency other than the Euro, the relevant conversion rate shall be fixed by the Secretary General once a year in order to limit fluctuations in salaries. Should such a conversion result in a reduction in remuneration, the Secretary General may decide to maintain the previous remuneration as long as is necessary.16
20. Remuneration shall be paid monthly at the end of each calendar month.
The above-mentioned forms of remuneration are fixed amounts and are exclusive of all bonuses or allowances.17
Compensation for overtime shall be secured through the overall adjustment of working hours and/or by the granting of compensatory time-off by the locally recruited staff member’s Head of Office.
2.4 Social insurance
21. Locally recruited temporary staff members shall be affiliated to the Council of Europe’s compulsory insurance scheme (CEMSIS) and a compulsory pension scheme established by the Council of Europe for this purpose, unless agreements with the host State provide otherwise.18
22. 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.
23. Locally recruited temporary staff members’ contributions to the social insurance schemes shall be deducted from their salaries.
2.5 Effect of sickness and maternity/paternity19
27. Locally recruited temporary staff members shall be entitled to annual leave in the same conditions as permanent staff. They must use up their leave entitlement before the final expiry of their employment contracts, and to this end the Head of Office must ensure that they are able to do so.
28.a. Locally recruited temporary staff members shall be entitled to short periods of special leave granted on the same grounds and for the same periods as for permanent staff. They shall also have the same overall entitlement as staff members employed in France with regard to public holidays and other non-working days.
b. Locally recruited temporary staff members shall be entitled to special leave after completing six months of service.
c. Notwithstanding the provision of paragraph b, the entitlement to special leave on the following grounds shall take effect on the first day of employment:
- birth or adoption of a child,
- death of a child,
- death of a spouse or partner,
- death of a parent, brother or sister.
29. Locally recruited temporary staff members shall be entitled to special leave to care for sick children in the same conditions as permanent staff.
2.7 Official journeys
30. Locally recruited temporary staff members may be sent on an official journey within the context of the duties assigned to them and relevant instructions on official journeys shall apply.
31. The rules governing appraisal of permanent staff shall apply to locally recruited temporary staff members.
PART IV: FINAL PROVISIONS
32. Every employment contract of locally recruited temporary staff members shall include the following notice:
“It is brought to your attention that
- this employment contract will terminate without prior notice on thestipulated 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 employment contract will not confer entitlement to further renewal or to conversion into another type of contract.”
33. This Rule shall enter into force on 1 January 2006.
Strasbourg, 15 December 2005
The Secretary General
APPENDIX: List of indicative job profiles for contracts of locally recruited staff members20
Job profiles (non-exhaustive)
Conference or Office Technician
Project Support Assistant
Office Support Assistant
(Project) Financial assistant / Linguistic assistant / IT assistant / Logistics assistant
Project Officer/ Communication Officer / Senior Financial Assistant
Senior Project Officer
Programme/Project Manager Policy Advisor