STAFF REGULATIONS AND STAFF RULES OUTLINE. Source: Regulations 12.1 and 12.2 of the Staff Regulations.

Transcription

1 36 C 36 C/38 23 September 2011 Original: English Item 11.1 of the provisional agenda STAFF REGULATIONS AND STAFF RULES OUTLINE Source: Regulations 12.1 and 12.2 of the Staff Regulations. Background: As stated in Regulation 12.1 of the Staff Regulations, These Regulations may be supplemented or amended by the General Conference subject to the maintenance of the acquired rights of staff members and in Regulation 12.2 The Director-General shall report to each session of the General Conference such Staff Rules and amendments thereto as he may make to implement these Regulations. Purpose: This report contains the amendments to the Staff Regulations proposed by the Director-General in the framework of the Human Resources Management Strategy These amendments concern the time limits for the publication of post vacancies. The proposed amendments to the text of the Staff Regulations are reproduced below. This report also contains the amendments made by the Director-General to the Staff Rules since the 35th session of the General Conference. These amendments affect the Rules concerning the education grant, the transportation of personal effects, the classified and unclassified posts, the definition of Spouse, and the limitation on employment. The Rules as amended are reproduced in the annex to this document. Decision required: Paragraph 20.

2 36 C/38 STAFF REGULATIONS Source 1. The paragraph of the introductory part of the Staff Regulations and Staff Rules entitled purpose reads as follows: The Staff Regulations embody the fundamental conditions of service and the basic rights, duties and obligations of members of the Secretariat of UNESCO, as approved by the General Conference. 2. Regulation 12.1 of the Staff Regulations provides in this connection that the Regulations may be supplemented or amended by the General Conference subject to the maintenance of the acquired rights of staff members. Purpose 3. In the framework of the Human Resources Management Strategy as reported in document 36 C/40, new actions have been developed in order to streamline the recruitment process. One of the actions addresses the recruitment delays. 4. In order to fully implement this action, certain amendments would need to be introduced into two of the Staff Regulations which includes a provision for external advertisement to be for two months. It is proposed that this period be reduced to one month; detailed justification is described in paragraphs 5 and 6 below. 5. First, this concerns Regulation 4.3.2, which reads as follows: Recruitment and appointments shall be made on a competitive basis following formal advertisement of the posts. In case of external recruitment, posts will be advertised for two months. This provision was amended by the General Conference in 2003; before that, the advertisement period was three months. Given the current technology and means of communication, it could reasonably be considered that the time frame of one month will allow enough time for interested candidates to submit their respective applications. All vacancy notices are published on UNESCO s website and thus are immediately accessible and visible for prospective candidates. In addition, vacancy notices for Director and above posts are ed to all Permanent Delegations to UNESCO (rather than sent by regular mail, as was done before). Furthermore, the Director-General retains the authority to set out a longer advertisement period where required. The text of the amendment to Staff Regulation is reproduced in paragraph The second Regulation to be amended is Regulation 4.4, which reads as follows: Subject to the provisions of Regulations 4.2, 4.3, and 4.3.2, and without prejudice to the recruitment, at all levels, of fresh talent, staff members (and former staff members with at least one year s service, separated during the previous two years owing to the abolition of posts) shall be given priority of consideration for vacant posts. In the case of internal recruitment, posts shall be advertised for one month. The Director-General may limit eligibility to apply for vacant posts to internal candidates as defined by the applicable Staff Rules. Next priority, with regard to externally advertised posts, shall be given, subject to reciprocity, to applicants already in the service of the United Nations and other Specialized Agencies. This regulation was amended by the General Conference in 2005 in order to introduce the notion of internal recruitment in the Staff Regulations and confer the authority to the Director-General to determine the eligibility to apply for vacant posts advertised internally by amending the relevant Staff Rules. The purpose was to promote the career of staff members by providing for the advertisement of post vacancies of grades P-1 to P-5 in two stages: first stage for candidates who are staff members, and subsequently, if a qualified candidate has not been identified internally, the vacant post will be advertised externally. The purpose of the proposed amendment to Staff Regulation 4.4 is to avoid defining the precise advertisement period in the Staff Regulations. These references/precisions will be defined in the Staff Rules and/or in the HR Manual item which is the case of the United Nations Secretariat. The text of the amendment to Staff Regulation 4.4 is reproduced in paragraph 12.

3 36 C/38 page 2 STAFF RULES Source 7. In the introductory section of the Staff Regulations and Staff Rules, it is stipulated under the heading Implementation that The Director-General, in his capacity as Chief Administrative Officer of the Organization, shall give effect to the present Regulations; he shall lay down and enforce rules and provisions consistent therewith. Furthermore, Rule 112.2(a) provides that These Rules may be amended by the Director-General in a manner consistent with the Staff Regulations. 8. In this connection, Regulation 12.2 provides that The Director-General shall report to each session of the General Conference such Staff Rules and amendments thereto as he may make to implement these Regulations. Purpose 9. In pursuance of the aforesaid Regulation 12.2, the Director-General duly informs the General Conference that the following amendments have been made to the Staff Rules since its 35th session (2009). 10. The amendments in question and the purpose thereof are indicated below: Amendments effective 9 June 2010 Rules (c), (d) (Calculation of the education grant), Rules (m) (Reimbursement of private tuition) and Rules (u) (Currency of the calculation of the education grant) were amended to align UNESCO s practice on United Nations Common System practice. Rules (b) (Transportation of personal effects) and Rules (c) (Removal of household goods) were amended to correct inconsistencies in the formulae used to convert entitlements from weight into volume, and vice versa. Amendments effective 30 March 2011 Rule (a) ter (definition of National Officer ) and Rule (classified and unclassified posts) were amended to reflect the new post classification policy as adopted by the Director- General. The purpose of this post classification policy is to define the principles and procedures relating to the classification of posts in UNESCO. Amendment effective 11 April 2011 A new Rule (a) quater (definition of Spouse ), was introduced in the Staff Rules in order to encompass domestic partnerships legally recognized by a competent national authority and having the same effects as a marriage. The validity of marriages and domestic partnerships will continue to be determined by reference to the law of the country where the marriage or partnership was contracted. Amendment effective 1 July 2011 Rule (Limitation on employment) was amended to allow the employment of a spouse on the condition that he/she is fully qualified for the post and that no preference is given by virtue of the relationship. The employment of blood relatives, however, remains not possible. By this amendment, UNESCO aligns its provisions on those already adopted by the United Nations Secretariat and by other United Nations agencies. Furthermore, the International Civil Service Commission (ICSC) has recently decided to urge Organizations to develop appropriate solutions for spouse employment such as negotiating agreements with host countries through Resident Coordinators and removing restrictions on spouses being employed in the same organization as long as there is no reporting relationship between spouses (A/65/30, paragraph 27 (a) vi).

4 36 C/38 page 3 Update on contractual arrangements 11. In order to further harmonize the contractual arrangements across the United Nations common system, ICSC recommended the phasing out of appointments of limited duration (ALD contracts) in United Nations agencies by 31 December However, considering the arguments put forward by UNESCO, ICSC agreed to extend the phase-out date for UNESCO to 31 December Further to the decision of the Executive Board at its 186th session to continue to ensure UNESCO s participation in the work of the ICSC and to take into account its report, the Secretariat is developing a proposal for a new contractual modality (Project Appointments (PAs)) to implement the phase-out of ALDs while ensuring the required flexibility in terms of hiring and deployment, harmonization with the ICSC contractual framework which stipulates that the contracts fall within three categories (continuous, fixed-term and temporary). 13. The proposed PAs are designed to: (i) meet the medium-term operational needs of the Organization within the framework of the implementation of projects activities of a clearly timelimited duration financed by extrabudgetary funds in the field and at Headquarters and for technical cooperation in UNESCO category I institutes and centres; and (ii) fit into ICSC contractual framework by applying similar conditions of service to those of the fixed-term appointments. 14. The PAs will have the following features: Non-career appointments, applicable to Professional and General Service categories of staff; Tied to a specific function related to the implementation of the activities of extrabudgetary projects in the field and at Headquarters and for technical cooperation in UNESCO category I institutes and centres with no expectation, legal or otherwise, of redeployment if the function is no longer required or funded; Streamlined hiring procedures: In order to ensure that the highest standards of efficiency, competence and integrity will be the paramount consideration in the recruitment of PA staff, sectors, bureaux/offices and field offices will be requested to further consider geographical distribution and gender balance when selecting PA staff where there is an equal level of competence among candidates from the different geographical regions; Entitlements of PA staff will be based on the fixed-term category appointment; PA staff will be considered as external candidates when applying for a vacant post in UNESCO. PA staff will carry no expectation, legal or otherwise, of extension, renewal or conversion of their PA contracts, irrespective of the length of service in UNESCO. 15. In light of the above, the Staff Rule (c) (ii) will need to be amended by including this new contractual modality while keeping ALDs until 31 December It is proposed to revise the Rule as follows: The Advisory Board on Individual Personnel Matters shall not be consulted on: (ii) appointments to Head of Field Office posts, appointments of limited duration, projects appointments, appointments to associate expert posts and local field posts;. Language requirements 17. In line with 35 C/Resolution 91 whereby the General Conference reaffirmed the importance for the Organization of staff with a good knowledge of one of the two working languages of the

5 36 C/38 page 4 Secretariat and having acquired a sufficient knowledge of the second working language in a reasonable time frame, taking into account operational requirements, urged the Director-General to continue appropriate measures for the effective implementation of the Staff Rules so as to facilitate and strongly encourage the learning of the second working language of the Secretariat by staff in the Professional category and above. The paragraphs below reports on this matter. 18. The Staff Rule (b) on Limitations on Employment requires a good knowledge of one of the working languages of the Secretariat for posts in the Professional category. Based on past experience, asking for a good knowledge in both working languages may prevent the reduction of a competent pool of experts/candidates especially in light of UNESCO s many specialized fields. Therefore, and with a view of streamlining the recruitment process, specific measures have been introduced aimed at linking language requirements more closely to the nature and requirements of the job. In order to attract the best qualified candidates and to widen the geographical pool, vacancy announcements, in particular for the recruitment of the senior management team in 2009/2010, asked for an excellent knowledge of one working language with knowledge of the other strongly desirable. Individual language training courses are organized throughout the year. Intensive short-term language lessons are also provided during the summer months. Intensive lessons in both the working languages of the Secretariat comprising professional competencies are being organized for staff members to support geographical mobility as restrictive language knowledge may hinder the effective implementation of the mobility policy. In addition, the multimedia centre at Headquarters provides staff and delegations with e-learning opportunities in the six official languages. For the field, staff can benefit from the delegated training budget to follow language training in both working languages at affiliated recognized institutes in their duty stations. 19. The Staff Rules amended are reproduced as an Annex. Decision required 20. The General Conference may wish to adopt a draft resolution along the following lines: The General Conference, Having examined document 36 C/38, Takes note of the information provided in that document; Decides to amend Regulation and to amend Regulation 4.4 as follows: Regulation Recruitment and appointments shall be made on a competitive basis following formal advertisement of the vacant posts. Regulation 4.4 Subject to the provisions of Regulations 4.2, 4.3, and 4.3.2, and without prejudice to the recruitment, at all levels, of fresh talent, staff members (and former staff members with at least one year s service, separated during the previous two years owing to the abolition of posts) shall be given priority of consideration for vacant posts. The Director-General may limit eligibility to apply for vacant posts to internal candidates as defined by the applicable Staff Rules. Next priority, with regard to externally advertised posts, shall be given, subject to reciprocity, to applicants already in the service of the United Nations and other Specialized Agencies.

6 36 C/38 Annex ANNEX Amendments to the UNESCO Staff Rules 1. AMENDMENTS EFFECTIVE 9 JUNE 2010 Staff Rule Education grant (amendments in italics) (c) (d) Where the period of service of the staff member is less than two thirds of the academic year, the amount of the grant shall be calculated on a pro-rata basis. Where school attendance is for less than two thirds of the academic year, the amount of the grant shall be calculated on a pro-rata basis. Where the period of school attendance and/or service of the staff member is less than the full academic year, the amount of the grant relating to the flat sum for boarding shall be calculated on a pro-rata basis, even when such period covers more than two thirds of the academic year. (m) Private tuition shall be reimbursable only for the learning of the language of the country in which the staff member s recognized home is situated and if the Director-General considers that it is not possible to learn this language at the duty station; however, the Director-General may authorize payment of the grant in respect of private tuition by duly qualified tutors to supplement authorized correspondence courses, or for special coaching required in a subject taught by the school or any other subject which is required for the child s subsequent education. (u) For admissible expenses incurred in certain countries determined by the Director- General on the basis of United Nations common system criteria, the amounts of the entitlements specified under the present Staff Rule are established in local currency. For other countries, the amounts of the entitlements shall be calculated on the basis of the exchange rate of the US dollar into the currency in which the expenses were incurred into the US dollar on the date of payment of the grant. The other paragraphs of Rule remain unchanged. Staff Rule Removal of Household Goods (Amendments in italics) (b) If the staff member is appointed or transferred from one duty station to another for a period of less than one year but not less than three months, he or she shall be entitled to have the following quantities transported in one shipment: (i) (ii) 150 kg (330 lb) in net weight or 1.2 cubic metres (42 cubic feet) in volume by land and/or sea or by air freight if that mode of transportation is more economical; or, if the staff member travels by air and if he or she so chooses, 30 kg of excess baggage or its equivalent transported by air freight; (c) The following quantities of household goods may be transported at the expense of the Organization: kg (8250 lb) in gross weight or 30 cubic metres (1050 cubic feet) in volume if the staff member is not accompanied by any member of his or her family travelling at the expense of the Organization, kg (11000 lb) in gross weight or 40 cubic metres (1400 cubic feet) in

7 36 C/38 Annex page 2 volume if the staff member is accompanied to the duty station or joined there by at least one member - of his or her family travelling at the expense of the Organization. However, where the staff member is also entitled to transportation of his or her personal effects under Rule 107.9, the following deductions shall be made from the above quantities: (i) (ii) the total weight or volume transported under that Rule by land and/or sea, or by air freight if transportation by another mean is not available, is impractical in view of the geographical circumstances of the duty station or is more expensive; twice the weight or volume transported by air freight in all other cases. When weight has to be converted into volume, it is assumed that 100kg = 0.8 cubic metres (10 lb = 1 cubic foot) or, conversely, that 1 cubic metre = 125 kg The other paragraphs of Rule remain unchanged. 2. AMENDMENTS EFFECTIVE 30 MARCH 2011 Rule Definitions (amendments in italics) (a) (b) bis Staff member of the General Service category means a staff member of the Office Employee group at Head quarters (G-1 to G-7) or, at duty stations away from Headquarters or, a staff member of corresponding groups; ter Staff member in the National Officer Category means a staff member of the locally recruited National Professional Officer group. The other paragraphs of Rule remain unchanged. Rule Classified and unclassified post (amendments in italics) Posts other than those of Deputy or Assistant Director-General, are classified in categories and grades according to standards or criteria established by the Director-General and related to the nature of the duties and the level of responsibilities; such posts shall be known as classified posts. The Director Category comprises two grades: D-1 and D-2; The Professional Category comprises five grades: P-1, P-2, P-3, P-4, P-5; The National Officer Category comprises five grades: NOA, NOB, NOC, NOD, NOE; The General Service category comprises seven grades: G-1, G-2, G-3, G-4, G-5, G-6, G AMENDMENT EFFECTIVE 11 APRIL 2011 Rule Definitions (amendments in italics) New paragraph (a) quater Spouse means a person with whom a staff member is affiliated by virtue of a marriage or a domestic partnership legally recognized by a competent national authority and having the same effects as a marriage.

8 36 C/38 Annex page 3 4. AMENDMENT EFFECTIVE 1 JULY 2011 Rule Limitation on employment (a) Except when another person equally well qualified cannot be recruited, an appointment shall not be granted to: (i) (ii) a candidate who is not a citizen of a Member State; a candidate who is the father, mother, son, daughter, brother or sister of a staff member. (a) (a) bis The spouse of a staff member may be appointed provided that he/she is fully qualified for the post for which he or she is being considered and that the spouse is not given any preference by virtue of the relationship to the staff member. ter A staff member who bears to another staff member any of the relationships specified in (a)(ii) or (a) bis above: (iii) (i) shall not be assigned to serve in a post which is superior or subordinate in the line of authority to the staff member to whom he or she is related, and/or where there may be a conflict of interest between the two posts. Such a candidate, if appointed, shall not be assigned to service in the same sector or bureau as the person related to him/her. (iv) (ii) shall not participate in the process of reaching or reviewing an administrative decision affecting the status or entitlements of the staff member to whom he or she is related. The other paragraphs of Rule remain unchanged. Printed on recyled paper