STAFF REGULATIONS FOR THE REGISTRY 

The Hague, 17 March 2011

 

 

incorporant les articles et les dispositions applicables du

STATUT DU PERSONNEL DES NATIONS UNIES (ST/SGB/2010/6)

RÈGLEMENT DU PERSONNEL DES NATIONS UNIES

(ST/SGB/2010/6)

incorporating the applicable provisions of the

STAFF REGULATIONS OF THE UNITED NATIONS (ST/SGB/2010/6)

UNITED NATIONS STAFF RULES

(ST/SGB/2010/6)

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Contents

Staff Regulations for the Registry                                                                

Annex I:     Letter of Appointment                                                                    

Annex II:    Provisions of the United Nations Staff Regulations and Rules applicable to the Staff of the Registry                                                                                        

A ‑  Staff Regulations of the United Nations, Regulations applicable            

B ‑  United Nations Staff Rules, Rules applicable                                       

C ‑  Former United Nations Staff Rules ST/SGB/2002/1, Rules applicable 

Annex III:   Salary Scales for General Service Category Showing Annual Gross and Net after Application of Staff Assessment (not reproduced)        

Annex IV:  Salary Rates for Conference and Other Short‑Term Staff, as referred to in Article 12, paragraph 1 (c), of the Staff Regulations for the Registry       

A ‑  Monthly Salary Rates for Staff in the Professional and Higher Categories (not reproduced)                                                                              

B ‑  Salary Rates for Translators and Revisers (not reproduced)             

C ‑  Salary Rates for Interpreters (not reproduced)                                 

D ‑  Salary Rates for Conference and Other Short‑Term Staff (not reproduced)     

Annex V:

A ‑  Conditions governing Compensation for Overtime Work                 

B ‑  Rules as to Night Differential                                                           

Annex VI:  Proceedings before the Conciliation Committee                               

Staff Regulations of the United Nations, text of the Regulations applicable                                                    

United Nations Staff Rules, text of the Rules applicable           

Former United Nations Staff Rules, text of the Rules applicable  

 

 

 

STAFF REGULATIONS FOR THE REGISTRY OF THE
INTERNATIONAL COURT OF JUSTICE[1]

 

Approved by the Court on 7 March 1979
and amended by the Court on 19 November 1987,
11 July 1996, 16 April 1997, 5 December 2000, 24 September 2002, 19 May 2006,
1 July 2009

Staff Regulations for the Registry of the International Court of Justice[2]
approved by the Court on 7 March 1979 and amended by the Court on
19 November 1987, 11 July 1996, 16 April 1997, 5 December 2000, 24 September 2002, 19 May 2006, 1 July 2009

Article 1

          The present Regulations apply to all staff members of the Registry, with the exception of Articles 5, 6, 10 and 11, which do not apply to the Registrar or the Deputy‑Registrar.

Article 1bis

          1. The Registrar shall ensure that the rights and duties of staff members of the Registry, as set out in these Staff Regulations for the Registry, pursuant to the Statute and Rules of Court, are respected.

          2. In exercising his or her authority, the Registrar shall, when the circumstances so require, seek to ensure that all necessary safety and security arrangements are made for staff carrying out the responsibilities entrusted to them.

Article 2

          1. In the performance of their duties staff members of the Registry shall neither seek nor accept instructions from any Government or from any other source external to the Court.

          2. By accepting appointment, staff members pledge themselves to discharge their functions and regulate their conduct with the interests of the Court only in view, and with loyalty to the aims, purposes and principles of the United Nations, as set forth in its Charter, of which the Statute of the Court forms an integral part.

Article 3

          1. Staff members of the Registry shall uphold and respect the principles set out in the Charter, of which the Statute of the Court forms an integral part, including faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women.  Consequently, staff members shall exhibit respect for all cultures;  they shall not discriminate against any individual or group of individuals or otherwise abuse the power and authority vested in them.

          2. Staff members of the Registry shall uphold the highest standards of efficiency, competence and integrity.  The concept of integrity includes, but is not limited to, probity, impartiality, fairness, honesty and truthfulness in all matters affecting their work and status.

          3. While staff members’ personal views and convictions, including their political and religious convictions, remain inviolable, staff members shall ensure that those views and convictions do not adversely affect their official duties or the interests of the Court.  They shall conduct themselves at all times in a manner befitting their status as international civil servants and shall not engage in any activity that is incompatible with the proper discharge of their duties with the Court.  They shall avoid any action and, in particular, any kind of public pronouncement that may adversely reflect on their status, or on the integrity, independence and impartiality that are required by that status.

Article 4

          The privileges and immunities deriving from Article 105 of the Charter of the United Nations, the Convention on the Privileges and Immunities of the United Nations of 13 February 1946, General Assembly resolution 90 (1) of 11 December 1946, and the exchange of letters between the President of the Court and the Minister for Foreign Affairs of the Netherlands of 26 June 1946, are conferred in the interests of the Court and the Organization.  These privileges and immunities furnish no excuse to the staff members who enjoy them for non‑performance of their private obligations or failure to observe laws and police regulations.  In any case where these privileges and immunities arise, the staff member shall immediately report to the Registrar.

Article 5

          1. Staff members of the Registry shall be appointed by the Court on proposals submitted by the Registrar.

          2. Appointments of staff members in the General Service category shall however be made by the Registrar with the approval of the President, and appointments of short‑term staff shall be made by the Registrar.

          3. On appointment, staff members shall receive a letter of appointment drawn up in accordance with Annex I hereto.  Such letter of appointment shall contain expressly or by reference all the terms and conditions of employment.

Article 6

          1. The age limit for members of the staff shall be 62 years[3].

          2. The Court may, however, on the proposal of the Registrar, decide to retain an official in the service beyond this age limit.  For staff members in the General Service category, the decision whether to grant an extension shall be taken by the Registrar, with the approval of the President.

          3. Any such extension shall be only for one year at a time.

Article 7

          1. The normal hours of work shall be from 9 a.m. to 6 p.m. from Monday to Friday, with a luncheon interval of one hour and a half.

          2. The Registry shall normally observe public holidays in the Netherlands. One additional day’s holiday shall be given on a day selected by the Registrar during the Christmas period.

          3. Exceptions to the rules in the foregoing paragraphs may be made by the Registrar as the needs of the service require.

Article 8

          1. Registry staff members in the General Service category shall be entitled to compensation for overtime work done on the instructions of the Registrar outside the normal hours or on other than working days.  Such compensation shall take the form of either compensatory leave or a supplementary payment, on the terms stated in Annex V.

          2. Staff members other than those in the General Service category may be given compensatory leave if they have worked considerable or frequent overtime periods.

Article 9

          1. A Staff Committee elected by the staff (other than short‑term staff) shall be established;  it shall consist of three staff members, of whom one shall be a staff member in the General Service category, one shall be a staff member in the Professional or Director category, and the third a staff member in any category.

          2. The Staff Committee shall be entitled to make proposals to the Registrar, and to be consulted, on general problems of staff welfare, conditions of work and general personnel policies.  General administrative instructions on such questions shall, except in cases of urgency, be shown in advance to the Committee for consideration and comment.

          3. Individual staff members shall remain entitled to approach the Registrar directly in any matter relating to their own rights and duties, and the Staff Committee shall not intervene in any such matter unless requested to do so by the staff member concerned.

          4. The Registrar shall afford facilities for meetings of the staff and of the Staff Committee, and shall allow members of the Staff Committee sufficient time for the performance of their functions, during office hours.

Article 10

          The Registrar may impose disciplinary measures on staff members whose conduct is unsatisfactory.  He or she may summarily dismiss a member of the staff for serious misconduct.

Article 11

          1. There is hereby established a Conciliation Committee, consisting of three staff members of the Registry selected as follows:

(a)   one member designated by the Registrar;

(b)   one member elected by the staff as a whole, by simple majority;  and

(c)   a Chair chosen by the above two members or, if there has been a failure of agreement between them, designated by the President of the Court.

          2. Each member of the Conciliation Committee selected in accordance with paragraph 1 of this Article shall have an alternate chosen in the same manner, who shall sit in the event of it being impossible for the full member to do so for the reasons set forth in paragraph 3 below or for any other compelling reason, such as ill‑health.

          3. Members of the Conciliation Committee and their alternates may not deal with any case in which they have previously taken part, in whatever capacity, or the decision of which could be of direct concern to them.

          4. Members of the Conciliation Committee and their alternates shall be appointed for three years and as soon as practicable after each triennial renewal of the Court[4].  In case of a casual vacancy, a member shall be appointed as soon as practicable for the remainder of his or her predecessor’s term;  the choice shall be made in the manner prescribed above for the original appointment.  A member shall hold office until replaced but, though replaced, shall finish any case with which he or she may have begun to deal before his or her replacement, provided that he or she remains a staff member of the Registry.

          5. A staff member of the Registry may lodge a complaint with the Conciliation Committee

(a)   against an administrative decision which constitutes in his or her view a breach of his or her contract or of his or her terms of employment, the words “contract” and “terms of employment” comprising all provisions of the Staff Regulations for the Registry, and of the texts referred to therein, as may have been in force at the time of the alleged non‑observance;  or

(b)   against any disciplinary actions taken against him or her.

          6. The Conciliation Committee shall operate as a neutral instance. It shall hear the staff member and the Registrar without other persons present and endeavour to settle the matter by way of conciliation in accordance with the applicable provisions of Annex VI. The Committee shall present its views in a written report which provides a statement of reasons, fact and law.

          7. In the event of a failure to achieve a conciliation, the administrative decision or disciplinary action may be the subject of an Application to the United Nations Appeals Tribunal, in accordance with the Statute of that Tribunal and under the conditions to be determined in an exchange of letters between the President of the Court and the Secretary‑General of the United Nations.

          8. In the event of difficulty in the application of the present Article and of Annex VI, the Court will decide.

Article 12[5]

          1. Subject always to the present Staff Regulations for the Registry, all questions concerning the conditions of employment, rights, duties and obligations of the staff members of the Registry shall be dealt with

(a)   in the case of all staff members of the Registry, according to the provisions of the Staff Regulations of the United Nations listed in Annex II, Section A, hereto;

(b)   in the case of all staff members of the Registry other than short‑term staff, according to the provisions of the Staff Rules of the United Nations listed in Annex II, Section B, hereto;

(c)   in the case of short‑term staff of the Registry, according to the provisions of the Staff Rules of the United Nations listed in Annex II, Section C, hereto;

in each case as interpreted, implemented and applied by the relevant administrative instructions, administrative circulars and information circulars issued by or on behalf of the Secretary‑General.

          2. Exceptions to the provisions applicable to Registry staff members may be made by the Registrar provided such exception is agreed to by the staff member directly affected and is not prejudicial to the interests of any other staff member or group of staff members.

Article 13

          1. Any amendments or other modifications, however effected, of the provisions of the United Nations Staff Regulations and Staff Rules referred to in subparagraphs (a), (b) and (c) of Article 12, paragraph 1, as well as the administrative instructions, administrative circulars and information circulars referred to in that paragraph, shall be promulgated in the Registry by the Registrar as soon as practicable after they come to his or her notice, with an indication of the date from which they take effect.  Unless otherwise indicated, where changes affect the financial and other benefits of staff members, they shall be applied for the benefit of Registry staff with effect from the date on which they took effect for Secretariat staff.

          2. In exceptional cases, if the Registrar considers that such an amendment or modification should be examined by the Court before taking effect in the Registry, he or she may postpone promulgation of the amendment or modification, and shall in such case report the matter forthwith to the Court.

          3. United Nations Staff Rules referred to in subparagraphs (b) and (c) of Article 12, paragraph 1, of the Registry Staff Regulations, and amendments thereto, shall not give rise to acquired rights within the meaning of Article 14 of those Regulations for Registry staff members for so long as they are prevented under Article 12 of the United Nations Staff Regulations from giving rise to acquired rights for United Nations Secretariat staff members.

          4. The text of amendments and modifications to which this Article applies shall be communicated to the Court by the Registrar as soon as promulgated. 

Article 14

          The present Regulations may be supplemented or amended by the Court, without prejudice to the acquired rights of staff members.  Modifications made by the Court pursuant to this Article take effect on the date of their adoption by the Court, unless otherwise decided by the Court.

Article 15

          Staff members may suggest to the Registrar amendments to the present Regulations.

 

___________

Annex I

Letter of Appointment

(a)   The letter of appointment shall state:

  (i)   that the appointment is subject to the provisions of the Staff Regulations applicable to the category of appointment in question, and to changes which may be duly made in such Regulations from time to time;

(ii)   the nature of the appointment;

(iii)   the date at which the staff member is required to enter upon his or her duties;

(iv)   the period of appointment, the notice required to terminate it, and period of probation, if any;

(v)   the category, level, commencing rate of salary, and if increments are allowable, the scale of increments, and the maximum attainable;

(vi)   any special conditions which may be applicable.

(b)   A copy of the Staff Regulations shall be transmitted to the staff member with the letter of appointment.  In accepting appointment the staff member shall state that he or she has been made acquainted with and accepts the conditions laid down in the Staff Regulations.

 

___________

 

Annex II

Provisions of the United Nations Staff Regulations and Rules
applicable to the Staff of the Registry

          For the purposes of application of these texts to the staff of the Registry, except where otherwise indicated in a footnote, read:  “Court” for “Organization”, “United Nations” or “United Nations Office at Geneva”;  “Registry” for “Secretariat”;  and “Registrar” for “Secretary‑General”.

          Whenever, under a particular provision, the Secretary‑General is to take certain measures or decisions for its application, the measures or decisions thus adopted by him or her are applicable to the Registry in accordance with Articles 12 and 13 of the Staff Regulations for the Registry.

A

Staff Regulations of the United Nations

 

 

B

United Nations Staff Rules

Rules applicable

 

1.2     (a), (b), (e), (f), (g), (h),(j), (p), (r), (s), (t), (u), (v) 1.3[15] and [16] 1.5 1.6 1.7 1.8 1.9 2.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 (a), (c)

3.9 3.10 3.12 3.13[17] 3.15 3.16 3.17 (except (c) (iv)) 3.18 3.19 4.2 4.3 4.4[18] 4.5 4.6 4.7 4.9 (b)

4.11 4.12 4.13[19] 4.14 (a), (c) 4.17 4.18 4.19 5.1[20] 5.2 5.3 6.1 6.2 6.3 6.4 6.5 7.1[21]

7.2 7.3 7.4 7.5 7.6 7.7 7.8 7.9 7.10 7.11 7.12 7.13 7.14 7.15 7.16[22] 7.17

7.18 7.19 9.1 9.2 9.3 9.4 9.5 9.6 (except (g)) 9.7 9.8 9.9 9.10 9.11 9.12 12.1 12.2 a)

 

B

United Nations Staff Rules

Rules applicable (Transitional measures and appendixes)

 

 

 

C

Former United Nations Staff Rules ST/SGB/2002/1

Rules applicable

 

 

 

Annex III

The Hague.  Salary Scales for General Service Category Showing
Annual Gross and Net after Application of Staff Assessment

[Not reproduced]

 

 

___________

 

 

Annex IV

Salary Rates for Conference and Other Short‑Term Staff, as referred to in Article 12,
paragraph 1 (c), of the Staff Regulations for the Registry

A

Monthly Salary Rates for Staff in the Professional and Higher Categories

[Not reproduced]

B

Salary Rates for Translators and Revisers

[Not reproduced]

C

Salary Rates for Interpreters

[Not reproduced]

D

Salary Rates for Conference and Other Short‑Term Staff

[Not reproduced]

 

 

___________

Annex V

A

Conditions governing Compensation for Overtime Work

          Pursuant to Article 8, paragraph 1, of the Staff Regulations, staff members in the General Service category who are required to work overtime shall be given compensatory time off or additional payment in accordance with the following provisions:

  (i)   Overtime in the Registry means time worked in excess of the scheduled work day or in excess of the scheduled work week or time worked on official holidays.

(ii)   The scheduled work day in the Registry means the duration of the working hours on any day of the scheduled work week less one hour and a half for a meal.

(iii)   The scheduled work week in the Registry consists of the five working days assigned to the staff member during seven consecutive calendar days.  It may be modified by the adoption of a shift or rota system, also on the basis of the number of scheduled hours.

(iv)   Compensation shall take the form of an equal amount of compensatory time off for overtime in excess of the scheduled work day up to a total of eight hours of work on the same day.  If, upon separation from service, a staff member has accrued compensatory time off, he or she may be paid in lieu thereof a sum of money corresponding to the net base salary for an equivalent number of hours.

(v)   Compensation shall take the form of an additional payment for overtime in excess of a total of eight hours of work or any day of the scheduled work week, or when it takes place on the sixth or seventh day of the scheduled work week, or on an official holiday;  however, if the exigencies of the service permit, any overtime may be compensated by time off, if the staff member concerned so requests, and his or her Head of Department agrees.

(vi)   The additional payment referred to in subparagraph (v) above shall be calculated as follows:

(a)   for overtime worked before 9 p.m., or before 12 noon on the sixth day of the work week (normal overtime), the additional payment shall be made at the rate of one‑and‑a‑half times the aggregate of the staff member’s base salary and language or non‑resident’s allowances, if any;

(b)   for overtime worked after 9 p.m., after 12 noon on the sixth day of the work week, on the seventh day of the work week or on an official holiday (special overtime), the additional payment shall be made at a rate of twice the aggregate of the staff member’s base salary and allowances, as above.

(vii)   Compensation for overtime shall be reckoned to the nearest half‑hour;  casual overtime of less than one half‑hour on any day during the scheduled work week shall be disregarded.  A staff member who is required to work on the sixth or seventh day of the week or on an official holiday shall receive no less than four hours of overtime compensation.

(viii)  For the purposes of overtime calculation, authorization absences on an official holiday, and any other leave, shall be deducted from the normal length of the scheduled work week.

(ix)   Week‑end premium will be paid to staff for whom the scheduled work week has been modified by the adoption of a shift or roster system, also on the basis of the number of scheduled hours.  The rate and the conditions under which this premium will be paid are as follows:

(a)   50 per cent of the hourly base salary corresponding to the level and step of the staff member concerned;

(b)   the premium will be payable for any period of duty between 7 a.m. on Saturday and 7 a.m. on Monday;

(c)   the premium may be paid in addition to night differential, if applicable, but is not payable if the provisions of paragraph (vi) above apply.

(x)   In the interest of the health of the staff and the efficiency of the service, supervisors shall not require a staff‑member to work more than 40 hours of overtime during any one month, except where unusual exigencies of the service so require.

B

Rules as to Night Differential

          The conditions of the implementation of United Nations Staff Rule 3.12 in its application to the Registry are as follows:

          1. If a full‑time staff member is required to observe regular working hours any part of which falls between 7.30 p.m. and 8 a.m., he or she shall be entitled in respect of the hours worked between those times to a night differential amounting to:

(a)   10 per cent of base salary for a staff member in the Professional category or above;

(b)   25 per cent of base salary for a staff member in the General Service category;

provided the staff member has worked not less than four night hours in one calendar week.

          2. Payments shall be reckoned to the nearest hour, and work periods of less than one half‑hour shall not be taken into consideration.

 

___________

 

Annex VI

Proceedings before the Conciliation Committee

          1. A staff member of the Registry who wishes to lodge a complaint under Article 11, paragraph 5, of the Staff Regulations for the Registry shall first address a letter to the Registrar requesting a review of the administrative decision or disciplinary action complained of.  The letter must be sent within 30 days of the date on which the staff member received notification or became aware of the decision or action.

       2.  (a)   The staff member may proceed with his or her complaint if the Registrar, by his or her reply, rejects in whole or in part his or her request, or if no reply is received by him or her within 30 days of the date on which his or her letter was addressed to the Registrar.

            (b)   The complaint shall be in writing and shall be lodged by the staff member with the Conciliation Committee within 30 days of receipt of the Registrar’s reply, or, if there is no reply within 30 days of the date on which the staff member’s letter was sent to him or her, within the next 30 days.

          3. In the case of disciplinary action, the staff member may lodge his or her complaint with the Conciliation Committee either in conformity with paragraphs 1 and 2 above or within 30 days of the date on which he or she received notification or became aware of the action complained of.

          4. When lodging his or her complaint the staff member shall send a copy to the Registrar.  Within 30 days of receiving the copy, the Registrar shall send his or her answer in writing to the Conciliation Committee and, at the same time, a copy to the staff member.  The Chair of the Committee shall ensure that those copies have in fact been received by the addressees.

          5. As soon as practicable after receiving the Registrar’s answer, the Conciliation Committee shall endeavour to conciliate between the parties and shall hear them for that purpose.  In the event of a successful conciliation, it shall record the agreement of the parties in a Minute. In the event of failure, it shall draw up a report summarizing the procedure followed, the arguments of the parties and the recommendations made by the Committee during the proceedings, and containing a statement of the relevant facts and law.  That report shall be transmitted to the Registrar and to the staff member.  By virtue of Article 7, paragraph 11, of the Staff Regulations for the Registry, and within the time‑limit indicated by the exchange of letters for which provision is made in that paragraph, the staff member shall be entitled to submit an Application to the United Nations Appeals Tribunal.

 

___________

 

 

 

Staff Regulations of the United Nations

Text of the Regulations Applicable

(Annex II, Section A, of the Staff Regulations for the Registry)

 

Article I. Duties, obligations and privileges

Regulation 1.1:  Status of staff

(a)   Staff members are international civil servants. Their responsibilities as staff members are not national but exclusively international;

[...]

(d)   The Secretary‑General shall seek to ensure that the paramount consideration in the determination of the conditions of service shall be the necessity of securing staff of the highest standards of efficiency, competence and integrity;

[…]

Regulation 1.2:  Basic rights and obligations of staff

[…]

General rights and obligations

[...]

(g)   Staff members shall not use their office or knowledge gained from their official functions for private gain, financial or otherwise, or for the private gain of any third party, including family, friends and those they favour. Nor shall staff members use their office for personal reasons to prejudice the positions of those they do not favour;

(h)   Staff members may exercise the right to vote but shall ensure that their participation in any political activity is consistent with, and does not reflect adversely upon, the independence and impartiality required by their status as international civil servants;

(i)    Staff members shall exercise the utmost discretion with regard to all matters of official business. They shall not communicate to any Government, entity, person or any other source any information known to them by reason of their official position that they know or ought to have known has not been made public, except as appropriate in the normal course of their duties or by authorization of the Secretary‑General. These obligations do not cease upon separation from service;

Honours, gifts or remuneration

(j)    No staff member shall accept any honour, decoration, favour, gift or remuneration from any Government;

[...]

(l)    No staff member shall accept any honour, decoration, favour, gift or remuneration from any non‑governmental source without first obtaining the approval of the Secretary‑General;

Conflict of interest

(m)  Staff members shall not be actively associated with the management of, or hold a financial interest in, any profit‑making, business or other concern, if it were possible for the staff member or the profit‑making, business or other concern to benefit from such association or financial interest by reason of his or her position with the United Nations;

[...]

Outside employment and activities

(o)   Staff members shall not engage in any outside occupation or employment, whether remunerated or not, without the approval of the Secretary‑General[32];

(p)   The Secretary‑General may authorize staff members to engage in an outside occupation or employment, whether remunerated or not, if:

  (i)   The outside occupation or employment does not conflict with the staff member’s official functions or the status of an international civil servant;

(ii)   The outside occupation or employment is not against the interest of the United Nations;  and

(iii)   The outside occupation or employment is permitted by local law at the duty station or where the occupation or employment occurs³²;

Use of property and assets

(q)   Staff members shall only use the property and assets of the Organization for official purposes and shall exercise reasonable care when utilizing such property and assets;

(r)   Staff members must respond fully to requests for information from staff members and other officials of the Organization authorized to investigate possible misuse of funds, waste or abuse.

Regulation 1.3:  Performance of staff

(a)   Staff members are accountable to the Secretary‑General for the proper discharge of their functions. Staff members are required to uphold the highest standards of efficiency, competence and integrity in the discharge of their functions, and their performance will be appraised periodically to ensure that the required standards of performance are met.

[…]

Article II. Classification of posts and staff

Regulation 2.1

          In conformity with principles laid down by the General Assembly, the Secretary‑General shall make appropriate provision for the classification of posts and staff according to the nature of the duties and responsibilities required[33].

Article III. Salaries and related allowances

Regulation 3.1

          Salaries of staff members shall be fixed by the Secretary‑General in accordance with the provisions of annex I to the present Regulations.

Regulation 3.2

(a)   The Secretary‑General shall establish terms and conditions under which an education grant shall be available to a staff member residing and serving outside his or her recognized home country whose dependent child is in full‑time attendance at a school, university or similar educational institution of a type that will, in the opinion of the Secretary‑General, facilitate the child’s reassimilation in the staff member’s recognized home country. The grant shall be payable in respect of the child up to the end of the fourth year of post‑secondary studies or the award of the first recognized degree, whichever is the earlier. The amount of the grant per scholastic year for each child shall be 75 per cent of the admissible educational expenses actually incurred, subject to a maximum grant as approved by the General Assembly. Travel costs of the child may also be paid for an outward and return journey once in each scholastic year between the educational institution and the duty station, except that in the case of staff members serving at designated duty stations where schools do not exist that provide schooling in the language or in the cultural tradition desired by staff members for their children, such travel costs may be paid twice in the year in which the staff member is not entitled to home leave. Such travel shall be by a route approved by the Secretary‑General but not in an amount exceeding the cost of such a journey between the home country and the duty station;

(b)   The Secretary‑General shall also establish terms and conditions under which, at designated duty stations, an additional amount of 100 per cent of boarding costs subject to a maximum amount per year as approved by the General Assembly may be paid in respect of children in school attendance at the primary and secondary levels;

(c)   The Secretary‑General shall also establish terms and conditions under which an education grant shall be available to a staff member serving in a country whose language is different from his or her own and who is obliged to pay tuition for the teaching of the mother tongue to a dependent child attending a local school in which the instruction is given in a language other than his or her own;

(d)   The Secretary‑General shall also establish terms and conditions under which an education grant shall be available to a staff member whose child is unable, by reason of physical or mental disability, to attend a normal educational institution and therefore requires special teaching or training to prepare him or her for full integration into society or, while attending a normal educational institution, requires special teaching or training to assist him or her in overcoming the disability. The amount of this grant per year for each disabled child shall be equal to 100 per cent of the education expenses actually incurred, up to a maximum amount approved by the General Assembly;

(e)   The Secretary‑General may decide in each case whether the education grant shall extend to adopted children or stepchildren.

Regulation 3.3

(a)   An assessment at the rates and under the conditions specified below shall be applied to the salaries and such other emoluments of staff members as are computed on the basis of salary, excluding post adjustments, provided that the Secretary‑General may, where he or she deems it advisable, exempt from the assessment the salaries and emoluments of staff members engaged at locality rates;

(b)    (i)    The assessment shall be calculated at the following rates for staff members whose salary rates are set forth in paragraphs 1 and 3 of annex I to the present Regulations:

Assessment

 

 

 

Staff assessment rates used in conjunction with gross base salaries

A.  Staff assessment rates for staff member with dependants

 

 

B.  Staff assessment for staff members without dependants

          Staff assessment amounts for those with neither a dependent spouse nor a dependent child would be equal to the differences between the gross salaries at different grades and steps and the corresponding net salaries at the single rate.

(ii)    The assessment shall be calculated at the following rates for staff members whose salary rates are established under paragraph 6 of annex I to the present Regulations:

 

 

(iii)    The Secretary‑General shall determine which of the scales of assessment set out in subparagraphs (i) and (ii) above shall apply to each of the groups of personnel whose salary rates are established under paragraph 5 of annex I to the present Regulations;

(iv)    in the case of staff members whose salary scales are established in currencies other than United States dollars, the relevant amounts to which the assessment applies shall be fixed at the local currency equivalent of the above‑mentioned dollar amounts at the time the salary scales of the staff member concerned are approved;

(c)   In the case of a person who is not employed by the United Nations for the whole of a calendar year or in cases where there is a change in the annual rate of payments made to a staff member, the rate of assessment shall be governed by the annual rate of each such payment made to him or her;

(d)   The assessment computed under the foregoing provisions of the present regulation shall be collected by the United Nations by withholding it from payments. No part of the assessment so collected shall be refunded because of cessation of employment during the calendar year;

(e)   Revenue derived from staff assessment not otherwise disposed of by specific resolution of the General Assembly shall be credited to the Tax Equalization Fund established by General Assembly resolution 973 A (X);

(f)    Where a staff member is subject both to staff assessment under this plan and to national income taxation in respect of the salaries and emoluments paid to him or her by the United Nations, the Secretary‑General is authorized to refund to him or her the amount of staff assessment collected from him or her provided that:

  (i)   The amount of such refund shall in no case exceed the amount of his or her income taxes paid and payable in respect of his or her United Nations income;

(ii)   If the amount of such income taxes exceeds the amount of staff assessment, the Secretary‑General may also pay to the staff member the amount of such excess;

(iii)   Payments made in accordance with the provisions of the present regulation shall be charged to the Tax Equalization Fund;

(iv)   A payment under the conditions prescribed in the three preceding subparagraphs is authorized in respect of dependency benefits and post adjustments, which are not subject to staff assessment but may be subject to national income taxation.

Regulation 3.4

(a)   Staff members whose salary rates are set forth in paragraphs 1 and 3 of annex I to the present Regulations shall be entitled to receive dependency allowances for a dependent child, for a disabled child and for a secondary dependant at rates approved by the General Assembly as follows:

  (i)   The staff member shall receive an allowance for each dependent child, except that the allowance shall not be paid in respect of the first dependent child if the staff member has no dependent spouse, in which case the staff member shall be entitled to the dependency rate of staff assessment under subparagraph (b) (i) of regulation 3.3;

(ii)   The staff member shall receive a special allowance for each disabled child. However, if the staff member has no dependent spouse and is entitled to the dependency rate of staff assessment under subparagraph (b) (i) of regulation 3.3 in respect of a disabled child, the allowance shall be the same as the allowance for a dependent child in (i) above;

(iii)   Where there is no dependent spouse, a single annual allowance shall be paid for a secondary dependant in respect of either a dependent parent, a dependent brother or a dependent sister;

(b)   If both husband and wife are staff members, one may claim, for dependent children, under subparagraph (a) (i) and (ii) above, in which case the other may claim only under subparagraph (a) (iii) above, if otherwise entitled;

(c)   With a view to avoiding duplication of benefits and in order to achieve equality between staff members who receive dependency benefits under applicable laws in the form of governmental grants and staff members who do not receive such dependency benefits, the Secretary‑General shall prescribe conditions under which the dependency allowance for a child specified in subparagraph (a) (i) above shall be payable only to the extent that the dependency benefits enjoyed by the staff member or his or her spouse under applicable laws amount to less than such a dependency allowance;

(d)   Staff members whose salary rates are set by the Secretary‑General under paragraph 5 or paragraph 6 of annex I to the present Regulations shall be entitled to receive dependency allowances at rates and under conditions determined by the Secretary‑General, due regard being given to the circumstances in the locality in which the office is located;

(e)   Claims for dependency allowances shall be submitted in writing and supported by evidence satisfactory to the Secretary‑General. A separate claim for dependency allowances shall be made each year.

Article IV. Appointment and promotion

Regulation 4.2

          The paramount consideration in the appointment, transfer or promotion of the staff shall be the necessity of securing the highest standards of efficiency, competence and integrity. Due regard shall be paid to the importance of recruiting the staff on as wide a geographical basis as possible.

Regulation 4.3

          In accordance with the principles of the Charter, selection of staff members shall be made without distinction as to race, sex or religion. So far as practicable, selection shall be made on a competitive basis.

Regulation 4.4

          Subject to the provisions of Article 101, paragraph 3, of the Charter, and without prejudice to the recruitment of fresh talent at all levels, the fullest regard shall be had, in filling vacancies, to the requisite qualifications and experience of persons already in the service of the United Nations.  This consideration shall also apply, on a reciprocal basis, to the specialized agencies brought into relationship with the United Nations.  The Secretary‑General may limit eligibility to apply for vacant posts to be filled by staff members appointed for one year or longer under the 100 series of the Staff Rules to internal candidates, as defined by the Secretary‑General.  If so, other candidates shall be allowed to apply, under conditions to be defined by the Secretary‑General, when no internal candidate meets the requirements of Article 101, paragraph 3, of the Charter as well as the requirements of the post[34].

Regulation 4.5

(a)   […]

       […] Staff members shall be granted either a temporary, fixed‑term or continuing appointment under such terms and conditions consistent with the present Regulations as the Secretary‑General may prescribe[35];

(b)   A temporary appointment does not carry any expectancy, legal or otherwise, of renewal. A temporary appointment shall not be converted to any other type of appointment;

(c)   A fixed‑term appointment does not carry any expectancy, legal or otherwise, of renewal or conversion, irrespective of the length of service;

(d)   The Secretary‑General shall prescribe which staff members are eligible for consideration for continuing appointments.

Regulation 4.6

          The Secretary‑General shall establish appropriate medical standards that staff members shall be required to meet before appointment.

Article V. Annual and special leave

Regulation 5.1

          Staff members shall be allowed appropriate annual leave.

Regulation 5.2

          Special leave may be authorized by the Secretary‑General in exceptional cases.

Regulation 5.3[36]

          Eligible staff members shall be granted home leave once in every twenty‑four months. However, in the case of designated duty stations having very difficult conditions of life and work, eligible staff members shall be granted home leave once in every twelve months. A staff member whose home country is either the country of his or her official duty station or the country of his or her normal residence while in United Nations service shall not be eligible for home leave.

Article VI. Social security

Regulation 6.1

          Provision shall be made for the participation of staff members in the United Nations Joint Staff Pension Fund in accordance with the regulations of that Fund.

Regulation 6.2

          The Secretary‑General shall establish a scheme of social security for the staff, including provisions for health protection, sick leave and maternity leave, and reasonable compensation in the event of illness, accident or death attributable to the performance of official duties on behalf of the United Nations.

Article VII. Travel and removal expenses

Regulation 7.1

          Subject to conditions and definitions prescribed by the Secretary‑General, the United Nations shall in appropriate cases pay the travel expenses of staff members, their spouses and dependent children.

Regulation 7.2

          Subject to conditions and definitions prescribed by the Secretary‑General, the United Nations shall in appropriate cases pay removal costs for staff members.

Article IX. Separation from service

Regulation 9.1

Staff members may resign from service upon giving the Secretary‑General the notice required under the terms of their appointment.

Regulation 9.3[37]

(a)   The Secretary‑General may, giving the reasons therefore, terminate the appointment of a staff member who holds a temporary, fixed‑term or continuing appointment in accordance with the terms of his or her appointment or for any of the following reasons:

  (i)   If the necessities of service require abolition of the post or reduction of the staff;

(ii)   If the services of the staff member prove unsatisfactory;

(iii)   If the staff member is, for reasons of health, incapacitated for further service;

(iv)   If the conduct of the staff member indicates that the staff member does not meet the highest standards of integrity required by Article 101, paragraph 3, of the Charter;

(v)   If facts anterior to the appointment of the staff member and relevant to his or her suitability come to light that, if they had been known at the time of his or her appointment, should, under the standards established in the Charter, have precluded his or her appointment;

(vi)   In the interest of the good administration of the Organization and in accordance with the standards of the Charter, provided that the action is not contested by the staff member concerned;

(b)   In addition, in the case of a staff member holding a continuing appointment, the Secretary‑General may terminate the appointment without the consent of the staff member if, in the opinion of the Secretary‑General, such action would be in the interest of the good administration of the Organization, to be interpreted principally as a change or termination of a mandate, and in accordance with the standards of the Charter;

(c)   If the Secretary‑General terminates an appointment, the staff member shall be given such notice and such indemnity payment as may be applicable under the Staff Regulations and Staff Rules. Payments of termination indemnity shall be made by the Secretary‑General in accordance with the rates and conditions specified in annex III to the present Regulations;

(d)   The Secretary‑General may, where the circumstances warrant and he or she considers it justified, pay to a staff member whose appointment has been terminated, provided that the termination is not contested, a termination indemnity payment not more than 50 per cent higher than that which would otherwise be payable under the Staff Regulations.

Regulation 9.4

          The Secretary‑General shall establish a scheme for the payment of repatriation grants in accordance with the maximum rates and under the conditions specified in annex IV of these Regulations.

 

Annex I[38]

Salary scales and related provisions

          1. The Secretary‑General shall establish [ ] [39] the salaries of United Nations officials in the Director category and above, in accordance with amounts determined by the General Assembly, subject to the staff assessment plan provided in staff regulation 3.3 and to post adjustments wherever applied.  If otherwise eligible, they shall receive the allowances that are available to staff members generally.  

          2. The Secretary‑General is authorized, on the basis of appropriate justification and/or reporting, to make additional payments to United Nations officials in the Director category and above to compensate for such special costs as may be reasonably incurred, in the interests of the Organization, in the performance of duties assigned to them by the Secretary‑General. Similar additional payments in similar circumstances may be made to heads of offices away from Headquarters.  The maximum total amount of such payments is to be determined in the programme budget by the General Assembly.

          3. Except as provided in paragraph 5 of the present annex, the salary scales and the scales of post adjustment for staff members in the Professional and higher categories shall be as shown in the present annex.

          4. Subject to satisfactory service, salary increments within the levels set forth in paragraph 3 of the present annex shall be awarded annually, except that any increments above step XI of the Associate Officer level, step XIII of the Second Officer level, step XII of the First Officer level, step X of the Senior Officer level and step IV of the Principal Officer level shall be preceded by two years at the previous step.  The Secretary‑General is authorized to reduce the interval between salary increments to ten months and twenty months, respectively, in the case of staff subject to geographical distribution who have an adequate and confirmed knowledge of a second official language of the United Nations.

          5. The Secretary‑General shall determine the salary rates to be paid to personnel specifically engaged for short‑term missions, conference and other short‑term service, to consultants, to Field Service personnel and to technical assistance experts.

          6. The Secretary‑General shall fix the salary scales for staff members in the General Service and related categories, normally on the basis of the best prevailing conditions of employment in the locality of the United Nations Office concerned, provided that the Secretary‑General may, where he or she deems it appropriate, establish rules and salary limits for payment of a non‑resident allowance to General Service staff members recruited from outside the local area.  The gross pensionable remuneration of such staff shall be determined in accordance with the methodology specified in Article 54 (a) of the Regulations of the United Nations Joint Staff Pension Fund and are shown in the salary scales applicable to such staff.

          7. The Secretary‑General shall establish rules under which a language allowance may be paid to staff members in the General Service category who pass an appropriate test and demonstrate continued proficiency in the use of two or more official languages.

          8. In order to preserve equivalent standards of living at different offices, the Secretary‑General may adjust the basic salaries set forth in paragraphs 1 and 3 of the present annex by the application of non‑pensionable post adjustments based on relative costs of living, standards of living and related factors at the office concerned as compared to New York.  Such post adjustments shall not be subject to staff assessment.

          9. No salary shall be paid to staff members in respect of periods of unauthorized absence from work unless such absence was caused by reasons beyond their control or duly certified medical reasons.

Annex I (continued)

Salary scale for staff in the Professional and higher categories,
showing annual gross salariesand net equivalents
after application of staff assessment

(in United States dollars)

 

[Not reproduced]

 

___________

 

Annex III

Termination indemnity

          Staff members whose appointments are terminated shall be paid an indemnity in accordance with the following provisions:

(a)   Except as provided in paragraphs (b), (c), (d) and (e) below and in regulation 9.3, the termination indemnity shall be paid in accordance with the following schedule:

 

 

 

(b)   A staff member whose appointment is terminated for reasons of health shall receive an indemnity equal to the indemnity provided under paragraph (a) of the present annex reduced by the amount of any disability benefit that the staff member may receive under the Regulations of the United Nations Joint Staff Pension Fund for the number of months to which the indemnity rate corresponds;

(c)   A staff member whose appointment is terminated for unsatisfactory service or who for disciplinary reasons is separated from service for misconduct other than by summary dismissal may be paid, at the discretion of the Secretary‑General, an indemnity not exceeding one half of the indemnity provided under paragraph (a) of the present annex;

(d)   No indemnity payments shall be made to:

  (i)   A staff member who resigns, except where termination notice has been given and the termination date agreed upon;

(ii)   A staff member who has a temporary or a fixed‑term appointment that is completed on the expiration date specified in the letter of appointment;

(iii)   A staff member who is dismissed;

(iv)   A staff member who abandons his or her post;

(v)   A staff member who is retired under the Regulations of the United Nations Joint Staff Pension Fund;

(e)   Personnel specifically engaged for conference and other short‑term service, as consultants or as experts, [ ][40] may be paid termination indemnity if and as provided in their letters of appointment.

 

___________

 

Annex IV

Repatriation grant

          In principle, the repatriation grant shall be payable to staff members whom the Organization is obligated to repatriate and who at the time of separation are residing, by virtue of their service with the United Nations, outside their country of nationality.  The repatriation grant shall not, however, be paid to a staff member who is summarily dismissed.  Eligible staff members shall be entitled to a repatriation grant only upon relocation outside the country of the duty station.  Detailed conditions and definitions relating to eligibility and requisite evidence of relocation shall be determined by the Secretary‑General.

 

 

 

 

___________

 

 

United Nations Staff Rules

Text of the Rules Applicable

(Annex II, Section B, of the Staff Regulations for the Registry)

 

Chapter I. Duties, Obligations and Privileges

Rule 1.2

Basic rights and obligations of staff

General

(a)   Staff members shall follow the directions and instructions properly issued by the Secretary‑General and by their supervisors.

(b)   Staff members must comply with local laws and honour their private legal obligations, including, but not limited to, the obligation to honour orders of competent courts.

[...]

Specific instances of prohibited conduct

(e)   Any form of discrimination or harassment, including sexual or gender harassment, as well as abuse in any form at the workplace or in connection with work, is prohibited.

(f)    Staff members shall not disrupt or otherwise interfere with any meeting or other official activity of the Organization, including activity in connection with the administration of justice system, nor shall staff members threaten, intimidate or otherwise engage in any conduct intended, directly or indirectly, to interfere with the ability of other staff members to discharge their official functions. Staff members shall not threaten, retaliate or attempt to retaliate against such individuals or against staff members exercising their rights and duties under the present Rules.

(g)   Staff members shall not intentionally misrepresent their functions, official title or the nature of their duties to Member States or to any entities or persons external to the United Nations.

(h)   Staff members shall not intentionally alter, destroy, falsify or misplace or render useless any official document, record or file entrusted to them by virtue of their functions, which document, record or file is intended to be kept as part of the records of the Organization.

[...]

(j)    Staff members shall neither offer nor promise any favour, gift, remuneration or any other personal benefit to another staff member or to any third party with a view to causing him or her to perform, fail to perform or delay the performance of any official act. Similarly, staff members shall neither seek nor accept any favour, gift, remuneration or any other personal benefit from another staff member or from any third party in exchange for performing, failing to perform or delaying the performance of any official act.

[...]

Conflict of interest

(p)   A staff member who has occasion to deal in his or her official capacity with any matter involving a profit‑making business or other concern, including a concern in which he or she holds a financial interest, directly or indirectly, shall disclose that interest to the Secretary‑General and, except as otherwise authorized by the Secretary‑General, either dispose of that financial interest or formally excuse himself or herself from participating with regard to any involvement in that matter which might give rise to the conflict of interest situation.

[...]

Outside employment and activities

(r)   Staff members shall not engage in any outside occupation or employment, whether remunerated or not, without the approval of the Secretary‑ General.

(s)   Staff members shall not, except in the normal course of official duties or with the prior approval of the Secretary‑General, engage in any outside activities that relate to the purpose, activities or interests of the United Nations. Outside activities include but are not limited to:

        (i)   Issuing statements to the press, radio or other agencies of public information;

       (ii)   Accepting speaking engagements;

      (iii)   Taking part in film, theatre, radio or television productions;

      (iv)   Submitting articles, books or other material for publication, or for any electronic dissemination. Approval may be granted in accordance with staff regulation 1.2 (p).

(t)    Membership in a political party is permitted, provided that such membership does not entail action, or an obligation to take action, by the staff member contrary to staff regulation 1.2 (h). The payment of normal financial contributions to a political party shall not be construed as an activity inconsistent with the principles set out in staff regulation 1.2 (h).

(u)   The Secretary‑General shall establish procedures whereby staff may seek in confidence clarification as to whether proposed outside activities would conflict with their status as international civil servants.

Travel and per diem for outside activities

(v)   Staff members who are authorized by the Secretary‑General to participate in activities related to the work of the Organization which are organized by a Government, intergovernmental organization, non‑governmental organization or other private source may receive from that organizing entity accommodation, travel and subsistence allowance generally in line with those payable by the United Nations. In such cases the daily subsistence allowance that may otherwise be payable by the United Nations shall be reduced as envisaged by staff rule 7.10 (a).

Rule 1.3

Performance of staff

(a)   Staff members shall be evaluated for their efficiency, competence and integrity through performance appraisal mechanisms that shall assess the staff member’s compliance with the standards set out in the Staff Regulations and Staff Rules for purposes of accountability[41].

(b)   The Secretary‑General shall seek to ensure that appropriate learning and development programmes are available for the benefit of staff.

(c)   Performance reports shall be prepared regularly for all staff members, including at the Assistant Secretary‑General level and above, in accordance with procedures promulgated by the Secretary‑General.[42]

Rule 1.5

Notification by staff members and obligation to supply information

(a)   Staff members shall be responsible for supplying the Secretary‑General with relevant information, as required, both during the application process and on subsequent employment, for the purpose of determining their status under the Staff Regulations and Staff Rules as well as for the purpose of completing administrative arrangements in connection with their employment. Staff members shall be held personally accountable for the accuracy and completeness of the information they provide.

(b)   Staff members shall also be responsible for promptly notifying the Secretary‑General, in writing, of any subsequent changes affecting their status under the Staff Regulations or Staff Rules.

(c)   A staff member who intends to acquire permanent residence status in any country other than that of his or her nationality or who intends to change his or her nationality shall notify the Secretary‑General of that intention before the change in residence status or the change in nationality becomes final.

(d)   A staff member who has been arrested, charged with an offence other than a minor traffic violation or summoned before a court as a defendant in a criminal proceeding, or who has been convicted, fined or imprisoned for any offence other than a minor traffic violation shall immediately report the fact to the Secretary‑General.

(e)   A staff member may at any time be required by the Secretary‑General to supply information concerning facts anterior to his or her appointment and relevant to his or her suitability or concerning facts relevant to his or her integrity, conduct and service as a staff member.

Rule 1.6

Staff member’s beneficiaries

(a)   At the time of appointment, each staff member shall nominate a beneficiary or beneficiaries in writing in a form prescribed by the Secretary‑General. It shall be the responsibility of the staff member to notify the Secretary‑General of any revocations or changes of beneficiaries.

(b)   In the event of the death of a staff member, all amounts due to the staff member will be paid to his or her nominated beneficiary or beneficiaries, subject to application of the Staff Rules and of the Regulations of the United Nations Joint Staff Pension Fund. Such payment shall afford the United Nations a complete release from all further liability in respect of any sum so paid.

(c)   If a nominated beneficiary does not survive, or if a designation of beneficiary has not been made or has been revoked, the amount due to the staff member will, upon the staff member’s death, be paid to his or her estate.

Rule 1.7

Financial responsibility

          Staff members shall exercise reasonable care in any matter affecting the financial interests of the Organization, its physical and human resources, property and assets.

Rule 1.8

Liability insurance

          In accordance with General Assembly resolution 22 E (I) of 13 February 1946, staff members who own or drive motor cars shall carry public liability and property damage insurance in an amount adequate to insure them against claims arising from injury or death to other persons or from damage to the property of others caused by their cars.

Rule 1.9

Propriety rights

          All rights, including title, copyright and patent rights, in any work performed by a staff member as part of his or her official duties shall be vested in the United Nations.

Chapter II. Classification of posts and staff

Rule 2.1

Classification of posts

(a)   Posts other than those of Under‑Secretary‑General and Assistant Secretary‑General shall be classified in categories and level by a competent United Nations body according to standards promulgated by the Secretary‑General and related to the nature of the duties, the level of responsibilities and the qualifications required.

(b)   Each post shall be assigned to a suitable level in any of the following categories: Professional and higher categories, Field Service category, General Service and related categories, including but not limited to National Professional Officers, Trades and Crafts and Security Service categories.

Chapter III. Salaries and Related Allowances

Rule 3.2

Staff assessment

(a)   In application of the staff assessment plan under staff regulation 3.3:

        (i)   Salaries for staff members in the Professional and higher categories and in the Field Service category shall be subject to the assessment rates specified in subparagraph (b) (i) of that regulation;

       (ii)   Salaries for staff members in the General Service and related categories shall be subject to the assessment rates specified in subparagraph (b) (ii) of that regulation.

(b)   The dependency rates of the staff assessment under staff regulation 3.3 (b) (i) shall apply when:

        (i)   The staff member’s spouse is recognized as a dependant under staff rule 3.6 below; or

       (ii)   The staff member provides main and continuing support to one or more of his or her children.

(c)   Where both spouses are staff members whose salaries are subject to the staff assessment rates specified in staff regulation 3.3 (b) (i), and taking into account staff rule 4.7 (d), the staff assessment shall apply to each at the single rate. If they have a dependent child or children, the dependency rate shall normally apply to the spouse having the higher salary level and the single rate shall apply to the other spouse.

Rule 3.3

Salary increments

(a)   Satisfactory service for the purpose of awarding a salary increment shall be defined, unless otherwise decided by the Secretary‑General in any particular case, by satisfactory service performance and conduct of staff members in their assignments as evaluated by their supervisors.

(b)   Salary and wage increments shall be effective on the first day of the pay period in which the service requirements are completed, provided that the period of service may be shortened to meet the requirements of staff rule 3.4 (b) and that such increments shall not be effective earlier than the first day of the pay period in which a staff member returns to pay status from a period of leave without pay. No increment shall be paid in the case of staff members whose services will cease during the month in which the increment would otherwise have been due.

(c)   If a staff member with satisfactory service is changed to a lower salary level, the period of service since the last increment shall be credited towards the next increment within the lower level. If a staff member whose service has not been satisfactory is changed to a lower salary level, the staff member’s eligibility for salary increment in the lower level will be based on satisfactory service at the lower level.

Rule 3.4

Salary policy

(a)   On appointment, a staff member shall normally be placed at the first step of the level of his or her post, unless otherwise decided by the Secretary‑General.

(b)   On promotion, a staff member who holds a fixed‑term or a continuing appointment shall be placed at the lowest step of the level to which he or she has been promoted that provides an increase in net base salary equal to at least the amount that would have resulted from the granting of two steps at the lower level.

Rule 3.5

Pensionable remuneration

(a)   The definition of pensionable remuneration is set out in article 54 of the Regulations of the United Nations Joint Staff Pension Fund.

(b)   The pensionable remuneration of staff members in the Field Service category shall be established in the same manner as for staff in the Professional and higher categories.

(c)   Where a promotion of a staff member from the General Service and related categories to the Professional category would result in a reduction of the pensionable remuneration used for computing the final average remuneration, the level of pensionable remuneration reached prior to the promotion shall be maintained until it is surpassed by that applicable to the staff member’s grade and step in the Professional category. Contributions payable in accordance with article 25 of the Regulations of the United Nations Joint Staff Pension Fund shall be based on either:

        (i)   The pensionable remuneration of the staff member used to determine such contributions at the time of promotion; or

       (ii)   The pensionable remuneration applicable to the staff member’s grade and step in the Professional category;

whichever is higher.

Rule 3.6

Dependency allowances

Definitions

(a)   For the purposes of the Staff Regulations and Staff Rules:

        (i)   A “dependent spouse” is a spouse whose occupational earnings, if any, do not exceed the lowest entry level of the United Nations General Service gross salary scales in force on 1 January of the year concerned for the duty station in the country of the spouse’s place of work. Nonetheless, in the case of staff in the Professional and higher categories and in the Field Service category, the amount of the occupational earnings shall not at any duty station be less than the equivalent of the lowest entry level salary at the base of the salary system (G‑2, step I, for New York);

       (ii)   A “child” is any of the following children for whom the staff member provides main and continuing support:

a.  A staff member’s natural or legally adopted child; or

b.  A staff member’s stepchild who is residing with the staff member; or

c.  A child who cannot be legally adopted, for whom the staff member has legal responsibility and who is residing with the staff member;

      (iii)   A “dependent child” is a child for whom the staff member provides main and continuing support and who meets one of the following criteria:

a.  The child is under the age of 18 years;

b.  The child is between the age of 18 and 21 years and attends university or its equivalent full‑time; the requirement of residing with the staff member does not apply in this case;

c.  The child is of any age and has a disability that is permanent or for a period that is expected to be long‑term that prevents substantial gainful employment;

      (iv)   A staff member claiming a child as a dependant must certify that he or she provides main and continuous support. This certification must be supported by documentary evidence satisfactory to the Secretary‑General, if a child:

a.  Does not reside with the staff member;

b.  Is married; or

c.  Is recognized as a dependant under subparagraph (a) (iii) c. above;

       (v)   A father, mother, brother or sister of a staff member shall be considered as a secondary dependant if the staff member provides such a person with not less than half of that person’s financial resources, and in any case with not less than twice the amount of the dependency allowance. The conditions regarding age, school attendance and disability are the same for a brother or sister as those applicable to a staff member’s child in subparagraph (iii) above.

Amount of allowance

(b)   The dependency rates, which are applicable to the different categories of staff, shall be published by the Secretary‑General. The dependency allowance shall normally be payable in accordance with such rates, unless otherwise provided by the Secretary‑General.

(c)   Subject to the provisions of staff regulation 3.4 (a), the full amount of the dependency allowance provided under that regulation and under the Staff Rules in respect of a dependent child shall be payable, except where the staff member or his or her spouse receives a direct governmental grant in respect of the same child. Where such a governmental grant is made, the dependency allowance payable under this rule shall be the approximate amount by which the governmental grant is less than the dependency allowance set out under the Staff Regulations and Staff Rules. In no case shall the sum of the two payments be less than the rate set out under the Staff Regulations and Staff Rules.

(d)   Staff members shall be responsible for notifying the Secretary‑General in writing of claims for dependency allowance and may be required to support such claims by documentary evidence satisfactory to the Secretary‑General. Staff members shall be responsible for reporting to the Secretary‑General any change in the status of a dependent that may affect the payment of this allowance.

(e)   A secondary dependency allowance shall be paid in respect of not more than one secondary dependent and such payment shall not be made when a payment is being made for a dependent spouse. Staff members in the General Service and related categories shall receive a dependency allowance with respect to a secondary dependant when local conditions and/or the practices of comparator employers call for the establishment of such an allowance, under conditions established by the Secretary‑General.

Rule 3.7

Post adjustment and rental subsidy

(a)   Post adjustment is an amount paid to staff members serving in the Professional and higher categories and in the Field Service category, in accordance with annex I, paragraph 8, of the Staff Regulations, to insure equity in purchasing power of staff members across duty stations.

(b)   A staff member who is entitled to salary at the dependency rate shall be paid post adjustment calculated on the basis of such salary regardless of where the dependants reside.

(c)   While the salary of a staff member is normally subject to the post adjustment of his or her duty station during assignments for one year or more, alternative arrangements may be made by the Secretary‑General under the following circumstances:

        (i)   When a staff member is assigned to a duty station whose post adjustment classification is lower than that of his or her previous duty station, he or she may continue to receive for up to six months the post adjustment applicable to the previous duty station while at least one member of his or her immediate family (spouse and children) remains at that duty station;

       (ii)   When a staff member is assigned to a duty station for less than one year, the Secretary‑General shall decide at that time whether to apply the post adjustment applicable to the duty station and, if appropriate, to pay an assignment grant under staff rule 7.14 and the hardship and non‑removal elements of the mobility and hardship allowance under staff rules 3.13, 3.14 and 7.16 (h) or, in lieu of the above, to authorize appropriate subsistence payments;

      (iii)   When a staff member is assigned to a United Nations field mission for a period of three months or less, the Secretary‑General shall decide at that time whether to apply the post adjustment applicable to the duty station and, if appropriate, to pay an assignment grant under staff rule 7.14 and the hardship and non‑removal elements of the mobility and hardship allowance under staff rules 3.13 […] and 7.16 (h) or, in lieu of the above, to authorize appropriate subsistence payments.

(d)   At duty stations where the average rental cost used in calculating the post adjustment index is based on the cost of housing provided by the United Nations, by a Government or by a related institution, eligible staff members who have to rent housing accommodation at substantially higher commercial rates will be paid a supplement to the post adjustment in the form of a rental subsidy under conditions established by the Secretary‑General.

Rule 3.8

Salary and wage increments

Language allowance

(a)   A staff member in the General Service, Security Service or Trades and Crafts category, or in the Field Service category up to and including level FS‑5, holding a fixed‑term or a continuing appointment may be entitled to a pensionable language allowance, under rates and conditions determined by the Secretary‑ General, provided that he or she has demonstrated proficiency in two United Nations official language as follows:

        (i)   If the staff member’s mother tongue is one of the official languages of the United Nations, he or she must successfully pass the prescribed test in any other official United Nations language, which may be the language in which proficiency is required for the purpose of his or her appointment;

       (ii)   If the staff member’s mother tongue is not one of the official United Nations languages, he or she must successfully pass the prescribed test in any official United Nations language other than the one in which proficiency is required for the purpose his or her appointment.

[…]

(c)   The language allowance shall be taken into account in determining United Nations Joint Staff Pension Fund, medical and group insurance contributions; overtime and night differential compensation; and payments and indemnities on separation.

Rule 3.9

Education grant

Definitions

(a)   For the purposes of the present rule:

        (i)   “Child” means a child of a staff member who is dependent on the staff member for main and continuing support as defined in staff rule 3.6 (a) (ii);

       (ii)   “Child with a disability” means a child who is unable, by reasons of physical or mental disability, to attend a regular educational institution and who requires special teaching or training to prepare him or her for full integration into society or, while attending a regular educational institution, who requires special teaching or training to assist him or her in overcoming the disability;

      (iii)   “Home country” means the country of home leave of the staff member under staff rule 5.2. If both parents are eligible staff members, “home country” means the country of home leave of either parent;

      (iv)   “Duty station” means the country, or area within commuting distance notwithstanding national boundaries, where the staff member is serving.

Eligibility

(b)   Subject to conditions established by the Secretary‑General, a staff member who holds a fixed‑term or a continuing appointment shall be entitled to an education grant in respect of each child, provided that:

        (i)   The staff member is regarded as an international recruit under staff rule 4.5 and resides and serves at a duty station which is outside his or her home country; and

       (ii)   The child is in full‑time attendance at a school, university or similar educational institution.

(c)   If a staff member eligible under paragraph (b) above is reassigned to a duty station within his or her home country in the course of a school year, he or she may receive the education grant for the balance of that school year.

Duration

(d)    (i)   The grant shall be payable up to the end of the school year in which the child completes four years of post‑secondary studies;

       (ii)   The grant will not normally be payable beyond the school year in which the child reaches the age of 25 years. If the child’s education is interrupted for at least one school year by national service, illness or other compelling reasons, the period of eligibility shall be extended by the period of interruption.

Amount of grant

(e)   The amount to which a staff member may be entitled under the grant are set out in appendix B to the present Rules.

(f)    The amount of the grant to be paid when the staff member’s period of service or the child’s school attendance does not cover the full school year shall be prorated under conditions to be defined by the Secretary‑General. If a staff member in receipt of the education grant dies while in service at the beginning of the school year, the full entitlement for that particular school year shall be granted.

Travel

(g)   A staff member to whom an education grant is payable under paragraphs (i), (ii) or (iv) of appendix B to the present Rules in respect of the child’s attendance at an educational institution shall be entitled to travel expenses for the child of one return journey each scholastic year between the educational institution and the duty station, under conditions established by the Secretary‑General. If travel to the duty station by the child is not possible, return travel by the staff member or spouse may be authorized in lieu of travel by the child, under conditions established by the Secretary‑General.

(h)   Two return journeys may be paid for children of eligible staff members serving at designated duty stations, under conditions established by the Secretary‑General.

Tuition in the mother tongue

(i)    Tuition for teaching in the mother tongue under staff regulation 3.2 (c) may be reimbursed subject to conditions established by the Secretary‑General.

Special education grant for a child with a disability

(j)    A special education grant for a child with a disability shall be available to staff members in all categories, whether serving in their home country or not, provided that they hold a fixed‑term or a continuing appointment. The amount to which a staff member is entitled under the grant is set out in appendix B to the present Rules, under conditions established by the Secretary‑General.

Claims

(k)   Claims for education grant shall be made in accordance with conditions established by the Secretary‑General.

Rule 3.10

Special post allowance

(a)   Staff members shall be expected to assume temporarily, as a normal part of their customary work and without extra compensation, the duties and responsibilities of higher level posts.

(b)   […] A staff member holding a fixed‑term or continuing appointment who is called upon to assume the full duties and responsibilities of a post at a clearly recognizable higher level than his or her own for a temporary period exceeding three months may, in exceptional cases, be granted a non‑pensionable special post allowance from the beginning of the fourth month of service at the higher level.

(c)   In the case of a staff member holding a fixed‑term or continuing appointment who is assigned to serve in a mission, or when a staff member in the General Service category is required to serve in a higher level post in the Professional category, or when a staff member in any category holding a fixed‑term or continuing appointment is required to serve in a post which is classified more than one level above his or her level, the allowance may be paid immediately when the staff member assumes the higher duties and responsibilities.

(d)   The amount of the special post allowance shall be equivalent to the salary increase (including post adjustment and dependency allowances, if any) which the staff member would have received had the staff member been promoted to the next higher level.

Rule 3.12

Night differential

(a)   A staff member in the General Service, Security Service or Trades and Crafts category, or in the Field Service category up to and including level FS‑5, who is assigned to regularly scheduled night‑time tours of duty shall receive a night differential at a rate and under conditions established by the Secretary‑General.

(b)   Unless otherwise specifically prescribed by the Secretary‑General, night differential shall not be paid for the same work for which overtime payment or compensatory time off is allowed or for any hours when the staff member is on leave or in travel status.

Rule 3.13

Mobility allowance[43]

(a)   A non‑pensionable mobility allowance may be paid under conditions established by the Secretary‑General to staff members in the Professional and higher categories, in the Field Service category, and to internationally recruited staff in the General Service category pursuant to staff rule 4.5 (c), provided that they:

  (i)   Hold a fixed‑term or continuing appointment;

(ii)   Are on an assignment of one year or more and are installed at the new duty station; and

(iii)   Have served for five consecutive years in the United Nations common system of salaries and allowances;

The mobility allowance shall be discontinued upon receipt of such allowance for five consecutive years at the same duty station.

(b)   The amount of the mobility allowance, if any, and the conditions under which it will be paid, shall be determined by the Secretary‑General taking into account the length of the staff member’s continuous service in the United Nations common system of salaries and allowances, the number and the category of duty stations at which he or she has previously served, and the length of time served at each duty station.

Rule 3.15

Salary advances

(a)   Salary advance may be made to staff members under the following circumstances and conditions:

  (i)   Upon departure on extended official travel or on approved leave involving absence from duty for seventeen or more calendar days, including the end‑month pay day in the amount that would fall due for payment during the anticipated pay period(s) occurring during the staff member’s absence;

(ii)   In cases where staff members have not received their regular pay, through no fault of their own, in the amount due;

(iii)   Upon separation from service, where final settlement of pay accounts cannot be made at the time of departure, subject to the advance not exceeding 80 per cent of the estimated final net payments due;

(iv)   In cases where new staff members arrive without sufficient funds, in such amount as the Secretary‑General may deem appropriate;

(v)   Upon change of official duty station, in such amounts as the Secretary‑General may deem appropriate.

(b)   The Secretary‑General may, in exceptional and compelling circumstances, and if the request of the staff member is supported by a detailed justification in writing, authorize an advance for any reason other than those enumerated above.

(c)   Salary advances other than those referred to in subparagraphs (a) (i), (ii) and (iii) above shall be liquidated at a constant rate as determined at the time the advance is authorized, in consecutive pay periods, commencing not later than the period following that in which the advance is made.

Rule 3.16

Retroactivity of payments

          A staff member who has not been receiving an allowance, grant or other payment to which he or she is entitled shall not receive retroactively such allowance, grant or payment unless the staff member has made written claim:

  (i)   In the case of the cancellation or modification of the staff rule governing eligibility, within three months following the date of such cancellation or modification;

(ii)   In every other case, within one year following the date on which the staff member would have been entitled to the initial payment.

Rule 3.17

Deductions and contributions

(a)   Staff assessment shall be deducted, each pay period, from the total payments due to each staff member, at the rates and subject to the conditions prescribed in staff regulation 3.3 and staff rule 3.2.

(b)   Contributions of staff members who are participating in the United Nations Joint Staff Pension Fund shall be deducted, each pay period, from the total payments due to them.

(c)   Deductions from salaries and other emoluments may also be made for:

  (i)   Contributions, other than to the United Nations Joint Staff Pension Fund, for which provision is made under the present Rules;

(ii)   Indebtedness to the United Nations;

(iii)   Indebtedness to third parties when any deduction for this purpose is authorized by the Secretary‑General;

[…]

(v)   Contributions to a staff representative body established pursuant to staff regulation 8.1, provided that each staff member has the opportunity to withhold his or her consent to or at any time to discontinue such deduction, by notice to the Secretary‑General.

Rule 3.18

Repatriation grant

Purpose

(a)   The purpose of the repatriation grant provided by staff regulation 9.4 is to facilitate the relocation of expatriate staff members to a country other than the country of the last duty station, provided that they meet the conditions contained in annex IV to the Staff Regulations and in this rule.

Definitions

(b)   The following definitions shall be used in ascertaining whether the conditions contained in annex IV to the Staff Regulations and this rule are met:

  (i)   “Country of nationality” shall mean the country of nationality recognized by the Secretary‑General;

(ii)   “Dependent child” shall mean a child recognized as dependent under staff rule 3.6 (a) (ii) at the time of the staff member’s separation from service;

(iii)   “Home country” shall mean the country of home leave entitlement under staff rule 5.2 or such other country as the Secretary‑General may determine;

(iv)   “Obligation to repatriate” shall mean the obligation to return a staff member and his or her spouse and dependent children, upon separation, at the expense of the United Nations, to a place outside the country of the last duty station;

(v)   “Qualifying service” shall mean one year or more of continuous service and residence away from the home country and the country of nationality of a staff member, or the country where the staff member has acquired permanent resident status.

Eligibility

(c)   Staff members who are considered internationally recruited pursuant to staff rule 4.5 shall be eligible for payment of the repatriation grant in accordance with annex IV to the Staff Regulations provided that they meet the following conditions:

  (i)   The Organization had the obligation to repatriate the staff member upon separation after qualifying service of one year or longer;

(ii)   The staff member resided outside his or her recognized country of nationality while serving at the last duty station;

(iii)   The staff member has not been dismissed or separated from service on grounds of abandonment of post;

(iv)   The staff member has not been locally recruited under staff rule 4.4;

(v)   The staff member does not have permanent resident status in the country of the duty station at the time of separation.

(d)   A staff member holding a temporary appointment who is eligible under paragraph (c) above to receive the repatriation grant under this rule shall be paid the repatriation grant only for himself or herself in accordance with the rate for staff members with neither a spouse nor a dependent child at the time of separation as set out in annex IV to the Staff Regulations.

Evidence of relocation

(e)   Payment of the repatriation grant after separation of an eligible staff member shall require submission of documentary evidence satisfactory to the Secretary‑General that the former staff member has relocated away from the country of the last duty station.

Amount and computation of the grant

(f)    The amount of repatriation grant for eligible staff members shall be computed on the basis of annex IV to the Staff Regulations and in accordance with terms and conditions established by the Secretary‑General for determining the length of qualifying service for repatriation grant purposes.

(g)   When a staff member receives a new appointment in the United Nations common system less than twelve months after separation, the amount of any payment for repatriation grant shall be adjusted so that the number of months, weeks or days of salary to be paid at the time of the separation after the new appointment, when added to the number of months, weeks or days paid for prior periods of service, does not exceed the total of months, weeks or days that would have been paid had the service been continuous.

(h)   When both spouses are staff members and each is entitled to payment of a repatriation grant on separation from service, the amount of the grant paid to each shall be calculated in accordance with terms and conditions established by the Secretary‑General.

Payment in case of the death of an eligible staff member

(i)    In the event of the death of an eligible staff member, no payment shall be made unless there is a surviving spouse or one or more dependent children whom the United Nations is obligated to repatriate. If there are one or more such survivors, payment shall be made under terms and conditions established by the Secretary‑General.

Time limitation for submission of the claim

(j)    Entitlement to the repatriation grant shall cease if no claim has been submitted within two years after the effective date of separation, or under conditions established by the Secretary‑General. However, when both spouses are staff members and the spouse who separates first is entitled to the repatriation grant, the claim for payment of the grant by that spouse shall be considered receivable if made within two years of the date of separation of the other spouse.

Rule 3.19

Mission assignments

(a)   The Secretary‑General may designate missions as family or non‑family for which the mobility and hardship allowances under staff rules 3.13 […], the assignment grant under staff rule 7.14 and the post adjustment and rental subsidy under staff rule 3.7 shall be applicable for assignments of more than three months.

(b)   When a mission has been designated as non‑family, the spouse and/or dependent children of the staff member shall not be installed at nor shall travel to the duty station be provided at the expense of the Organization.

Chapter IV. Appointment and Promotion

Rule 4.2

Effective date of appointment

          The appointment of a staff member shall take effect from the date on which he or she enters into official travel status to assume his or her duties or, if no official travel is involved, from the date on which the staff member reports for duty.

Rule 4.3

Nationality

(a)   In the application of the Staff Regulations and Staff Rules, the United Nations shall not recognize more than one nationality for each staff member.

(b)   When a staff member has been legally accorded nationality status by more than one State, the staff member’s nationality for the purposes of Staff Regulations and the Staff Rules shall be the nationality of the State with which the staff member is, in the opinion of the Secretary‑General, most closely associated.

Rule 4.4

Staff in posts subject to local recruitment[44]

(a)   All staff in the General Service and related categories, except as stipulated in staff rule 4.5 (c) below, shall be recruited in the country or within commuting distance of each office, irrespective of their nationality and of the length of time they may have been in the country. The allowances and benefits available to staff members in the General Service and related categories shall be published by the Secretary‑General for each duty station.

(b)   National Professional Officers shall be of the nationality of the country where the office concerned is located.

(c)   A staff member subject to local recruitment under this rule shall not be eligible for the allowances or benefits indicated under staff rule 4.5 (a).

Rule 4.5

Staff in posts subject to international recruitment

(a)   Staff members other than those regarded under staff rule 4.4 as having been locally recruited shall be considered as having been internationally recruited. Depending on their type of appointment, the allowances and benefits available to internationally recruited staff members, may include: payment of travel expenses upon initial appointment and on separation for themselves and their spouses and dependent children; removal of household effects; home leave; education grant; and repatriation grant.

(b)   Staff recruited locally at a duty station for posts in the Professional and higher categories at that specific duty station are considered internationally recruited but would generally not be entitled to some or all of the allowances and benefits mentioned in paragraph (a) above as determined by the Secretary‑General.

(c)   Under special circumstances and conditions determined by the Secretary‑General, staff who have been recruited to serve in posts in the General Service and related categories may be considered internationally recruited.

(d)   A staff member who has changed his or her residential status in such a way that he or she may, in the opinion of the Secretary‑General, be deemed to be a permanent resident of any country other than that of his or her nationality may lose entitlement to home leave, education grant, repatriation grant and payment of travel expenses upon separation for the staff member and his or her spouse and dependent children and removal of household effects, based upon place of home leave, if the Secretary‑General considers that the continuation of such entitlement would be contrary to the purposes for which the allowance or benefit was created. Conditions governing entitlement to benefits for internationally recruited staff in the light of residential status shall be set by the Secretary‑General as applicable to each duty station.

Rule 4.6

Geographical distribution

          Recruitment on as wide a geographical basis as possible, in accordance with the requirements of staff regulation 4.2, shall not apply to posts in the General Service and related categories.

Rule 4.7

Family relationships

(a)   An appointment shall not be granted to a person who is the father, mother, son, daughter, brother or sister of a staff member.

(b)   The spouse of a staff member may be appointed provided that he or 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.

(c)   A staff member who bears to another staff member any of the relationships specified in paragraphs (a) and (b) above:

  (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;

(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.

(d)   The marriage of one staff member to another shall not affect the contractual status of either spouse, but their entitlements and other benefits shall be modified as provided in the relevant Staff Regulations and Staff Rules. The same modifications shall apply in the case of a staff member whose spouse is a staff member of another organization participating in the United Nations common system of salaries and allowances. Where both spouses are staff members and maintain separate households because they are assigned to different duty stations, the Secretary‑General may decide to maintain such separate entitlements and benefits, provided that this is not inconsistent with any staff regulation or other decision of the General Assembly.

Rule 4.9

Interorganization movements

[…]

(b)   The Secretary‑General may allow a staff member to serve in a specialized agency or other intergovernmental organization, provided that such movement in no way diminishes the rights or entitlements of the staff member under his or her letter of appointment with the United Nations.

Rule 4.11

Types of appointment

          A staff member may be granted a temporary, fixed‑term or continuing appointment under staff rules 4.12, 4.13 and 4.14 below.

Rule 4.12

Temporary appointments

(a)   A temporary appointment shall be granted for a period of less than one year to meet seasonal or peak workloads and specific short‑term requirements, having an expiration date specified in the letter of appointment.

(b)   The appointment of a staff member who has served for the maximum period as described in paragraph (a) above may be extended for up to one year only when warranted by surge requirements and operational needs related to field operations and special projects with finite mandates under circumstances and conditions established by the Secretary‑General.

(c)   A temporary appointment does not carry any expectancy, legal or otherwise, of renewal. A temporary appointment shall not be converted to any other type of appointment.

Rule 4.13

Fixed‑term appointment

(a)   A fixed‑term appointment may be granted for a period of one year or more, up to five years at a time, to persons recruited for service of a prescribed duration, including persons temporarily seconded by national Governments or institutions for service with the United Nations, having an expiration date specified in the letter of appointment.

(b)   A fixed‑term appointment may be renewed for any period up to five years at a time.

(c)   A fixed‑term appointment does not carry any expectancy, legal or otherwise, of renewal or conversion, irrespective of the length of service, except as provided under staff rule 4.14 (b)[45].

Rule 4.14

Continuing appointment

(a)   A continuing appointment is an open‑ended appointment.

[…]

(c)   The Secretary‑General shall prescribe the criteria determining staff members’ eligibility for consideration for continuing appointments.

Rule 4.17

Re‑employment

(a)   A former staff member who is re‑employed under conditions established by the Secretary‑General shall be given a new appointment unless he or she is reinstated under staff rule 4.18.

(b)   The terms of the new appointment shall be fully applicable without regard to any period of former service. When a staff member is re‑employed under the present rule, the service shall not be considered as continuous between the prior and new appointments.

(c)   When a staff member receives a new appointment in the United Nations common system of salaries and allowances less than twelve months after separation, the amount of any payment on account of termination indemnity, repatriation grant or commutation of accrued annual leave shall be adjusted so that the number of months, weeks or days of salary to be paid at the time of the separation after the new appointment, when added to the number of months, weeks or days paid for prior periods of service, does not exceed the total of months, weeks or days that would have been paid had the service been continuous.

Rule 4.18

Reinstatement

(a)   A former staff member who held a fixed‑term or continuing appointment and who is re‑employed under a fixed‑term or a continuing appointment within twelve months of separation from service may be reinstated in accordance with conditions established by the Secretary‑General.

(b)   On reinstatement the staff member’s services shall be considered as having been continuous, and the staff member shall return any monies he or she received on account of separation, including termination indemnity under staff rule 9.8, repatriation grant under staff rule 3.18 and payment for accrued annual leave under staff rule 9.9. The interval between separation and reinstatement shall be charged, to the extent possible, to annual leave, with any further period charged to special leave without pay. The staff member’s sick leave credit under staff rule 6.2 at the time of separation shall be re‑established; the staff member’s participation, if any, in the United Nations Joint Staff Pension Fund shall be governed by the Regulations of the Fund.

(c)   If the former staff member is reinstated, it shall be so stipulated in his or her letter of appointment.

Rule 4.19

Medical examination

(a)   A staff member may be required from time to time to satisfy the United Nations Medical Director or Medical Officer designated by the United Nations Medical Director, by medical examination, that he or she is free from any ailment likely to impair the health or safety of others.

(b)   A staff member may also be required to undergo such medical examinations and receive such inoculations as may be required by the United Nations Medical Director or Medical Officer designated by the United Nations Medical Director before going on or after returning from mission service.

Chapter v. Annual and Special Leave[46]

Rule 5.1

Annual leave

(a)   A staff member who holds a temporary appointment shall accrue annual leave while in full pay status at the rate of one and a half days per month, subject to the provisions of staff rule 5.3 (e) unless otherwise provided by the Secretary‑General. No leave shall accrue while a staff member is receiving compensation equivalent to salary and allowances under staff rule 6.4.

(b)   A staff member who holds a temporary appointment may accumulate and carry forward up to eighteen working days of annual leave by 1 April of any year or such other date as the Secretary‑General may set for a duty station, subject to staff rule 4.12 (b).

(c)   A staff member who holds a fixed‑term or a continuing appointment shall accrue annual leave while in full pay status at the rate of two and a half days per month, subject to the provisions of staff rule 5.3 (c). No leave shall accrue while a staff member is receiving compensation equivalent to salary and allowances under staff rule 6.4.

(d)   A staff member who holds a fixed‑term or a continuing appointment may accumulate and carry forward up to sixty working days of annual leave by 1 April of any year or such other date as the Secretary‑General may set for a duty station.

(e)     (i)    Annual leave may be taken in units of days and half‑days;

        (ii)    Leave may be taken only when authorized. If a staff member is absent from work without authorization, payment of salary and allowances shall cease for the period of unauthorized absence. However, if, in the opinion of the Secretary‑General, the absence was caused by reasons beyond the staff member’s control and the staff member has accrued annual leave, the absence will be charged to that leave;

       (iii)    All arrangements as to leave shall be subject to the exigencies of service, which may require that leave be taken by a staff member during a period designated by the Secretary‑General. The personal circumstances and preferences of the individual staff member shall, as far as possible, be considered.

(f)    A staff member may, in exceptional circumstances, be granted advance annual leave up to a maximum of ten working days, provided that his or her service is expected to continue for a period beyond that necessary to accrue the leave so advanced.

Rule 5.2

Home leave

(a)   Internationally recruited staff members, as defined under staff rule 4.5 (a) and not excluded from home leave under staff rule 4.5 (b), who are residing and serving outside their home country and who are otherwise eligible shall be entitled once in every twenty‑four months of qualifying service to visit their home country at United Nations expense for the purpose of spending in that country a reasonable period of annual leave. Leave taken for this purpose and under the terms and conditions set forth in this rule shall hereinafter be referred to as home leave.

(b)   A staff member shall be eligible for home leave provided that the following conditions are fulfilled:

         (i)    While performing his or her official duties:

a.  The staff member continues to reside in a country other than that of which he or she is a national; or

b.  In the case of a staff member who is a native of a non‑metropolitan territory of the country of the duty station and who maintained his or her normal residence in such non‑metropolitan territory prior to appointment, he or she continues to reside, while performing his or her official duties, outside such territory;

        (ii)    The staff member’s service is expected by the Secretary‑General to continue:

a.  At least six months beyond the date of his or her return from any proposed home leave; and

b.  In the case of the first home leave, at least six months beyond the date on which the staff member will have completed twenty‑four months of qualifying service;

       (iii)    In the case of home leave following the return from a family visit travel under staff rule 7.1 (a) (vii), normally not less than nine months of continuous service have elapsed since departure on the family visit travel.

(c)   Staff members whose eligibility under paragraph (b) above is established at the time of their appointment shall begin to accrue service credit towards home leave from that date. Staff members who become eligible for home leave subsequent to appointment shall begin to accrue such service credits from the effective date of their becoming eligible.

(d)   The country of home leave shall be the country of the staff member’s recognized nationality, subject to the following terms, conditions and exceptions:

         (i)    The place of home leave of the staff member within his or her home country shall be, for purposes of travel and transportation entitlements, the place with which the staff member had the closest residential ties during the period of his or her most recent residence in the home country. In exceptional circumstances, a change in the place in the country of home leave may be authorized, under conditions established by the Secretary‑General;

        (ii)    A staff member who has served with another public international organization immediately preceding his or her appointment shall have the place of home leave determined as though his or her entire previous service with the other international organization had been with the United Nations;

       (iii)    The Secretary‑General may authorize:

a.  A country other than the country of nationality as the home country, for the purposes of this rule, in exceptional and compelling circumstances. A staff member requesting such authorization will be required to satisfy the Secretary‑General that the staff member maintained normal residence in such other country for a prolonged period preceding his or her appointment, that the staff member continues to have close family and personal ties in that country and that the staff member’s taking home leave there would not be inconsistent with the purposes and intent of staff regulation 5.3;

b.  Home leave travel to a country other than the home country, subject to conditions established by the Secretary‑General. In such a case, the travel expenses borne by the United Nations shall not exceed the cost of travel to the home country.

(e)     (i)    A staff member’s first home leave shall fall due in the calendar year in which the staff member completes twenty‑four months of qualifying service;

        (ii)    Home leave may be taken, subject to the exigencies of service any time during the calendar year in which it falls due.

(f)    A staff member may be granted advance home leave, provided that normally not less than twelve months of qualifying service have been completed or that normally not less than twelve months of qualifying service have elapsed since the date of return from his or her last home leave. The granting of advance home leave shall not advance the calendar year in which the next home leave falls due. The granting of advance home leave shall be subject to the conditions for the entitlement being subsequently met. If these conditions are not met, the staff member will be required to reimburse the costs paid by the Organization for the advance travel.

(g)   If a staff member delays taking his or her home leave beyond the calendar year in which it falls due, such delayed leave may be taken without altering the time of his or her next and succeeding home leave entitlements, provided that normally not less than twelve months of qualifying service elapse between the date of the staff member’s return from the delayed home leave and the date of his or her next home leave departure.

(h)   A staff member may be required to take his or her home leave in conjunction with travel on official business or change of official duty station, due regard being paid to the interests of the staff member and his or her family.

(i)    Subject to the conditions specified in chapter VII of the present Rules, a staff member shall be entitled to claim, in respect of authorized travel on home leave, travel time and expenses for himself or herself and eligible family members for the outward and return journeys between the official duty station and the place of home leave.

(j)    If both spouses are staff members who are eligible for home leave, and taking into account staff rule 4.7 (d), each staff member shall have the choice either of exercising his or her own home leave entitlement or of accompanying the spouse. A staff member who chooses to accompany his or her spouse shall be granted travel time appropriate to the travel involved. Dependent children whose parents are staff members, each of whom is entitled to home leave, may accompany either parent. The frequency of travel shall not exceed the established periodicity of the home leave both with regard to staff members and to their dependent children, if any.

(k)   A staff member travelling on home leave shall be required to spend no less than seven calendar days, exclusive of travel time, in his or her home country. The Secretary‑General may request a staff member, on his or her return from home leave, to furnish satisfactory evidence that this requirement has been fully met.

(l)    Under terms and conditions established by the Secretary‑General, eligible staff members serving at designated duty stations having very difficult conditions of life and work shall be granted home leave once in every twelve months. Staff members shall be eligible for home leave provided that the following conditions are fulfilled:

  (i)   The staff member’s service is expected by the Secretary‑General to continue:

a.  At least three months beyond the date of his or her return from any proposed home leave; and

b.  In the case of the first home leave, at least three months beyond the date on which the staff member will have completed twelve months of qualifying service;

(ii)   In the case of home leave following the staff member’s return from family visit travel under staff rule 7.1 (a) (vii), normally a period of not less than three months of continuous service has elapsed since the staff member’s departure on family visit travel.

Rule 5.3

Special leave

(a)     (i)    Special leave may be granted at the request of a staff member holding a fixed‑term or continuing appointment for advanced study or research in the interest of the United Nations, in cases of extended illness, for childcare or for other important reasons for such period of time as the Secretary‑General may prescribe;

(ii)   Special leave is normally without pay. In exceptional circumstances, special leave with full or partial pay may be granted;

(iii)   In exceptional cases, the Secretary‑General may, at his or her initiative, place a staff member on special leave with full pay if he or she considers such leave to be in the interest of the Organization;

(iv)   Subject to conditions established by the Secretary‑General, family leave may be granted as follows:

a.  As special leave with full pay in the case of adoption of a child;

b.  As special leave without pay for a period of up to two years for a staff member who is the mother or father of a newly born or adopted child, with a possibility of extension for up to an additional two years in exceptional circumstances. The right of a staff member to be reabsorbed after the end of such special leave without pay shall be fully protected;

c.  As special leave without pay for a reasonable period, including necessary travel time, upon the death of a member of the immediate family of the staff member or in case of serious family emergency;

(v)   Special leave shall not be authorized for governmental service in a political office, in a diplomatic or other representational post or for the purpose of performing any functions that are incompatible with the staff member’s continued status as an international civil servant. In exceptional circumstances, special leave without pay may be granted to a staff member who is requested by his or her Government to render temporary services involving functions of a technical nature.

(b)   Subject to conditions established by the Secretary‑General, a staff member who has successfully completed the competitive examination and completed one year of service under a fixed‑term appointment or who holds a continuing appointment and who is called upon to serve in the armed forces of the State of which the staff member is a national, whether for training or active duty, may be granted special leave without pay for the duration of such military service, in accordance with terms and conditions set forth in appendix C to the present Rules.

(c)   The Secretary‑General may authorize special leave without pay for pension purposes to protect the pension benefits of staff who are within two years of achieving age 55 years and 25 years of contributory service, or who are over that age and within two years of 25 years of contributory service.

(d)   Staff members holding a temporary appointment may exceptionally be granted special leave, with full or partial pay or without pay, for compelling reasons for such period as the Secretary‑General deems appropriate.

(e)   Staff members shall not accrue service credits towards sick, annual and home leave, salary increment, seniority, termination indemnity and repatriation grant during periods of special leave with partial pay or without pay exceeding one month. Continuity of service shall not be considered broken by periods of special leave.

Chapter VI. Social Security

Rule 6.1

Participation in the United Nations Joint Staff Pension Fund

          Staff members whose appointments are for six months or longer or who complete six months of service under shorter appointments without an interruption of more than thirty calendar days shall become participants in the United Nations Joint Staff Pension Fund, provided that participation is not excluded by their letters of appointment.

Rule 6.2

Sick leave

(a)   Staff members who are unable to perform their duties by reason of illness or injury or whose attendance at work is prevented by public health requirements will be granted sick leave. All sick leave must be approved on behalf of, and under conditions established by, the Secretary‑General.

Maximum entitlement

(b)   A staff member’s maximum entitlement to sick leave shall be determined by the nature and duration of his or her appointment in accordance with the following provisions:

  (i)   A staff member who holds a temporary appointment shall be granted sick leave at the rate of two working days per month;

(ii)   A staff member who holds a fixed‑term appointment and who has completed less than three years of continuous service shall be granted sick leave of up to three months on full salary and three months on half salary in any period of twelve consecutive months;

(iii)   A staff member who holds a continuing appointment, or who holds a fixed‑term appointment for three years or who has completed three years or more of continuous service shall be granted sick leave of up to nine months on full salary and nine months on half salary in any period of four consecutive years.

Uncertified sick leave

(c)   A staff member may take uncertified sick leave for up to seven working days in an annual cycle starting 1 April of any year or such other day as the Secretary‑General may set for a duty station, when incapacitated for the performance of his or her duties by illness or injury. Part or all of this entitlement may be used to attend to family‑related emergencies.

Certified sick leave

(d)   Sick leave taken by a staff member in excess of the limits set in paragraph (c) above requires approval in accordance with conditions established by the Secretary‑General. When those conditions are not met, the absence shall be treated as unauthorized in accordance with staff rule 5.1 (e) (ii).

Sick leave during annual leave

(e)   When sickness of more than five working days in any seven‑day period occurs while a staff member is on annual leave, including home leave, sick leave may be approved subject to appropriate medical certification.

Obligations of staff members

(f)    Staff members shall inform their supervisors as soon as possible of absences due to illness or injury. They shall promptly submit any medical certificate or medical report required under conditions to be specified by the Secretary‑General.

(g)   A staff member may be required at any time to submit a medical report as to his or her condition or to undergo a medical examination by the United Nations medical services or a medical practitioner designated by the United Nations Medical Director. When, in the opinion of the United Nations Medical Director, a medical condition impairs a staff member’s ability to perform his or her functions, the staff member may be directed not to attend the office and requested to seek treatment from a duly qualified medical practitioner. The staff member shall comply promptly with any direction or request under this rule.

(h)   A staff member shall immediately notify a United Nations medical officer of any case of contagious disease occurring in his or her household or of any quarantine order affecting the household. In such a case, or in the case of any other condition that may affect the health of others, the United Nations Medical Director shall decide whether the staff member should be excused from attendance at the office. If so, the staff member shall receive full salary and other emoluments for the period of authorized absence.

(i)    A staff member shall not, while on sick leave, leave the duty station without the prior approval of the Secretary‑General.

Review of decisions relating to sick leave

(j)    Where further sick leave is refused or the unused portion of sick leave is withdrawn because the Secretary‑General is satisfied that the staff member is able to return to duty and the staff member disputes the decision, the matter shall be referred, at the staff member’s request, to an independent practitioner acceptable to both the United Nations Medical Director and the staff member or to a medical board.

(k)   The medical board shall be composed of:

  (i)   A medical practitioner selected by the staff member;

(ii)   The United Nations Medical Director or a medical practitioner designated by the United Nations Medical Director; and

(iii)   A third medical practitioner, who shall be selected by agreement between the other two members and who shall not be a medical officer of the United Nations.

Rule 6.3

Maternity and paternity leave

(a)   Subject to conditions established by the Secretary‑General, a staff member shall be entitled to maternity leave for a total period of sixteen weeks:

  (i)   The pre‑delivery leave shall commence six weeks prior to the anticipated date of birth upon production of a certificate from a duly qualified medical practitioner or midwife indicating the anticipated date of birth. The pre‑delivery leave may be shortened to two weeks based on a certificate from a duly qualified medical practitioner or midwife indicating fitness to continue working;

(ii)   The post‑delivery leave shall extend for a period equivalent to the difference between sixteen weeks and the actual period of pre‑delivery leave, subject to a minimum of ten weeks;

(iii)   The staff member shall receive maternity leave with full pay for the entire duration of her absence under subparagraphs (i) and (ii) above.

(b)   Subject to conditions established by the Secretary‑General, a staff member shall be entitled to paternity leave in accordance with the following provisions:

  (i)   The leave shall be granted for a total period of up to four weeks. In the case of internationally recruited staff members serving at a non‑family duty station, or in exceptional circumstances as determined by the Secretary‑General, leave shall be granted for a total period of up to eight weeks;

(ii)   The leave may be taken either continuously or in separate periods during the year following the birth of the child, provided that it is completed during that year and within the duration of the contract;

(iii)   The staff member shall receive paternity leave with full pay for the entire duration of his absence.

(c)   Sick leave shall not normally be granted for maternity cases except where serious complications arise.

(d)   Annual leave shall accrue during the period of maternity or paternity leave.

Rule 6.4

Compensation for death, injury or illness attributable to service

          Staff members shall be entitled to compensation in the event of death, injury or illness attributable to the performance of official duties on behalf of the United Nations, in accordance with the rules set forth in appendix D to the present Rules.

Rule 6.5

Compensation for loss or damage to personal effects attributable to service

          Staff members shall be entitled, within the limits and under terms and conditions established by the Secretary‑General, to reasonable compensation in the event of loss or damage to their personal effects determined to be directly attributable to the performance of official duties on behalf of the United Nations.

Chapter VII. Travel and Removal Expenses

Rule 7.1[47]

Official travel of staff members

(a)   Subject to conditions established by the Secretary‑General, the United Nations shall pay the travel expenses of a staff member under the following circumstances:

  (i)   On initial appointment, provided that the staff member is considered to have been internationally recruited under staff rule 4.5;

(ii)   When required to travel on official business;

(iii)   On change of official duty station, as defined in staff rule 4.8;

(iv)   On separation from service, as defined by article IX of the Staff Regulations and chapter IX of the Staff Rules, except in cases of abandonment of post, and in accordance with the provisions of paragraph (b) below;

(v)   On travel authorized for medical, safety or security reasons or in other appropriate cases, when, in the opinion of the Secretary‑General, there are compelling reasons for paying such expenses;

(vi)   On home leave, in accordance with the provisions of staff rule 5.2;

(vii)   On family visit.

(b)   Under subparagraph (a) (iv) above, the United Nations shall pay the expenses of a staff member to travel to the place of recruitment. However, if the staff member had an appointment for a period of two years or longer or had completed not less than two years of continuous service, the United Nations shall pay his or her expenses to travel to the place recognized as his or her home for the purpose of home leave under staff rule 5.2. Should a staff member, on separation, wish to go to any other place, the travel expenses borne by the United Nations shall not exceed the maximum amount that would have been payable for the return of the staff member to the place of recruitment or home leave, as applicable.

(c)   The Secretary‑General may reject any claim for payment or reimbursement of travel or removal expenses which are incurred by a staff member in contravention of any provision of the Staff Rules.

Rule 7.2

Official travel of eligible family members

(a)   Eligible family members, for the purposes of official travel, shall be deemed to comprise a spouse and those children recognized as dependants under staff rule 3.6 (a) (ii). In addition, those children in respect of whom an education grant is payable, even though they are no longer recognized as dependants under staff rule 3.6 (a) (ii), shall be eligible for education grant travel.

(b)   The United Nations shall not pay the travel expenses of family members of staff members holding a temporary appointment.

(c)   The United Nations shall not pay the travel expenses of family members to non‑family duty stations.

(d)   The United Nations shall pay the travel expenses of eligible family members as defined under paragraph (a) above of a staff member holding a fixed term or continuing appointment, subject to conditions established by the Secretary‑General, under the following circumstances:

  (i)   On appointment of a staff member who is considered to have been internationally recruited, under the provisions of staff rule 4.5, provided that the appointment is for a period of one year or longer and provided that the services of the staff member are expected by the Secretary‑General to continue for more than six months beyond the date on which travel of his or her family members commences;

(ii)   Following completion by the staff member of one year or more of continuous service, provided that his or her services are expected by the Secretary‑General to continue for more than six months beyond the date on which travel of his or her family members commences;

(iii)   On change of official duty station, provided that the services of the staff member at the new duty station are expected by the Secretary‑General to continue for more than six months beyond the date on which travel of his or her family members commences;

(iv)   On separation of a staff member from service, provided that the staff member’s appointment was for a period of one year or longer or the staff member had completed not less than one year of continuous service;

(v)   On travel authorized for medical, safety or security reasons or in other appropriate cases, when, in the opinion of the Secretary‑General, there are compelling reasons for paying such expenses;

(vi)   On home leave, in accordance with the provisions of staff rule 5.2;

(vii)   On travel of the spouse to the duty station, in lieu of the staff member’s family visit travel under staff rule 7.1 (a) (vii);

(viii)  On travel approved in connection with the education of a staff member’s dependent child.

(e)   In the case of staff members holding a fixed‑term or continuing appointment, the Secretary‑General may authorize payment of the travel expenses of a child for one trip, either to the staff member’s duty station or to his or her home country, beyond the age at which the dependency status of the child would otherwise cease under the relevant Staff Regulations and Staff Rules, either within one year or upon completion of the child’s continuous full‑time attendance at a university or its equivalent, when the attendance at the university commenced during the period of recognized dependency status.

(f)    Notwithstanding subparagraphs (d) (vi), (vii) and (viii) above, the Secretary‑General may also authorize payment of travel expenses for the repatriation of a former spouse of a staff member, provided that the staff member is holding a fixed‑term or continuing appointment.

Rule 7.3

Loss of entitlement to return travel expenses

(a)   A staff member holding a fixed‑term or continuing appointment who resigns before completing one year of service or within six months following the date of his or her return from travel on home leave or family visit shall not be entitled to payment of return travel expenses for himself or herself and family members unless the Secretary‑General determines that there are compelling reasons for authorizing such payment.

(b)   A staff member holding a temporary appointment who resigns before completing the full term of his or her appointment shall not be entitled to payment of return travel expenses for himself or herself unless the Secretary‑General determines that there are compelling reasons for authorizing such payment.

(c)   Entitlement to return travel expenses shall cease if travel has not commenced within two years of the date of separation. However, in accordance with staff rule 4.7 (d), where both spouses are staff members and the spouse who separates first is entitled to return travel expenses, his or her entitlement shall not cease until two years after the date of separation of the other spouse.

Rule 7.4

Authorization to travel

          Before travel is undertaken, it shall be authorized in writing. In exceptional cases, staff members may be authorized to travel on oral orders, but such oral authorization shall require written confirmation. A staff member shall be responsible for ascertaining that he or she has the proper authorization before commencing travel.

Rule 7.5

Travel expenses

          Travel expenses that shall be paid or reimbursed by the United Nations under the relevant provisions of the Staff Rules include:

  (i)   Transportation expenses;

(ii)   Terminal expenses;

(iii)   Daily subsistence allowance;

(iv)   Miscellaneous expenses.

Rule 7.6

Mode, dates, route and standard of travel

(a)   Official travel shall, in all instances, be by a mode, route and standard of travel approved in advance by the Secretary‑General.

(b)   Travel expenses and other entitlements, including travel time, shall be limited to the amount allowable for a journey by the approved mode, dates, route and standard of travel. Staff members who wish, for reasons of personal preference or convenience, to make travel arrangements that vary from the approved mode, dates, route or standard of travel must obtain permission to do so in advance and assume the responsibility for all changes, including payment of any additional costs thus incurred above the entitlement authorized by the United Nations.

Mode of travel

(c)   The normal mode of travel for all official travel shall be by air. An alternative mode of travel may be approved when the Secretary‑General determines that its use is in the best interest of the United Nations.

(d)   If a staff member or family member travels by a more economical mode of travel than the approved mode, the United Nations shall pay only for the mode of travel actually used.

Official dates of travel

(e)   The official departure date is normally the day on which travel must start to allow the traveller to arrive at the place of official business before the commencement of duties. The official return date is normally the day after duties on official business have ended.

Route of travel

(f)    The normal route for all official travel shall be the most direct and economical route. An alternative route may be approved when the Secretary‑General determines that it is in the best interest of the United Nations.

Standard of travel

(g)   For all official travel by air, staff members and their eligible family members shall be provided with economy class transportation in accordance with the most direct and economical route.

(h)   Under conditions established by the Secretary‑General, staff members and their eligible family members may be granted a standard of travel immediately below first class.

(i)    In exceptional cases, a higher standard of travel may be approved by the Secretary‑General.

(j)    Children, including those under 2 years of age, travelling by air shall be provided with a ticket entitling them to a seat.

(k)   For all official travel by train or commercial ground transportation approved under paragraph (c) above, staff members and their eligible family members shall be granted regular first‑class travel or an equivalent standard.

(l)    For all official water travel approved under paragraph (c) above, staff members and their eligible family members shall be granted a standard of travel to be determined by the Secretary‑General, appropriate to the circumstances of the case.

(m)  If a staff member or eligible family member travels using a more economical standard than the one approved, the United Nations shall pay only for the standard actually used at the rate paid by the traveller.

Rule 7.7

Travel by motor vehicle

          Staff members who are authorized to travel by motor vehicle shall be reimbursed by the United Nations at rates and under conditions established by the Secretary‑General.

Rule 7.8

Purchase of tickets

          All tickets for official travel of staff members and eligible family members shall be purchased by the United Nations in advance of the actual travel. A staff member may be authorized to purchase his or her own tickets under conditions established by the Secretary‑General.

Rule 7.9

Terminal expenses

(a)   For all official travel to or from the duty station, a staff member is entitled to payment of terminal expenses at rates and under conditions established by the Secretary‑General. Terminal expenses shall be deemed to cover all expenditures for transportation and incidental charges between the airport or other point of arrival or departure and the hotel or other place of dwelling in respect of the staff member and each family member authorized to travel at United Nations expense.

(b)   No terminal expenses shall be paid in respect of an intermediate stop that:

  (i)   Is not authorized;

(ii)   Does not involve leaving the terminal;

(iii)   Is exclusively for the purpose of making an onward connection on the same day.

Rule 7.10

Daily subsistence allowance

(a)   Except as provided in paragraph (g) below, a staff member authorized to travel at United Nations expense shall receive an appropriate daily subsistence allowance in accordance with a schedule of rates established from time to time. Such established rates shall be subject to the provisions of paragraph (d) below and to reductions in cases where lodging or meals are provided free of charge by the United Nations, a Government or a related institution.

(b)   Daily subsistence allowance shall comprise the total contribution of the United Nations towards such charges as meals, lodging, gratuities and other such payments made for services rendered.

(c)   The Secretary‑General may, in exceptional and compelling circumstances, authorize a reasonable increase in the daily subsistence allowance to be paid to a staff member who is required to accompany a senior official and whose official duties while in travel status require that his or her additional living expenses be set at a rate substantially higher than the established rate.

(d)   The Secretary‑General may establish a special rate for daily subsistence allowance in cases where he or she deems it appropriate, including in the event of staff members being assigned to conferences or other extended periods of duty away from their official duty station.

(e)   When the spouse or dependent children of a staff member are authorized to travel at United Nations expense, the staff member shall be paid an additional daily subsistence allowance for each such family member at half the rate applicable to the staff member.

(f)    The Secretary‑General may establish conditions under which daily subsistence allowance may be paid during sick, annual or special leave taken while on travel status.

(g)   No daily subsistence allowance shall be payable in respect of travel on appointment, assignment or repatriation, or in respect of travel on home leave, family visit or education grant, provided that the allowance may be paid for stopovers actually made during such travel under conditions established by the Secretary‑General. Where travel at United Nations expense is authorized for medical, safety, security or other reasons under staff rule 7.1 (a) (v) or 7.2 (d) (v), an appropriate amount of daily subsistence allowance may be paid at the discretion of the Secretary‑General.

(h)   Computation of the daily subsistence allowance payable to a staff member and his or her eligible family members shall be made under conditions established by the Secretary‑General.

Rule 7.11

Miscellaneous travel expenses

          Necessary additional expenses incurred by a staff member in connection with official business or in the performance of authorized travel shall be reimbursed by the United Nations after the completion of travel, provided that the necessity and nature of the expenses are satisfactorily explained and supported by proper receipts, which shall normally be required for any expenditures in excess of 20 United States dollars or as established by the Secretary‑General. Such expenses, for which advance authorization shall be obtained to the extent practicable, shall normally be limited to:

(i)    Local transportation other than that provided for under staff rule 7.9;

(ii)    Telephone and other forms of communication required for official business;

(iii)    Space, equipment and services required for official use;

(iv)    Transportation or storage of authorized baggage or property used for conducting official business.

Rule 7.12

Travel advances

          Staff members authorized to travel shall secure advance funds sufficient to cover all expenses. An advance of 100 per cent of daily subsistence allowance and terminal expenses payable under the Staff Rules may be made on the basis of an estimate and certification.

Rule 7.13

Illness or accident during travel on official business

          The United Nations shall pay or reimburse reasonable hospital and medical expenses, insofar as they are not covered by other arrangements, which may be incurred by staff members who become ill or are injured while in travel status on official business.

Rule 7.14

Assignment grant

Definition and computation of the grant

(a)   The assignment grant is intended to provide staff with a reasonable amount of cash at the beginning of an assignment for costs incurred as a result of the appointment or assignment and is based on the assumption that the main expenses of installation are incurred at the outset of an assignment.

(b)   The assignment grant consists of two portions:

(i)    The daily subsistence allowance portion, which shall be equivalent to:

a.  Thirty days of daily subsistence allowance at the daily rate applicable under subparagraph (c) (i) below; and

b.  Thirty days of daily subsistence allowance at half the daily rate in respect of each eligible family member for whom travel expenses have been paid by the United Nations under staff rule 7.2 (d) (i)‑(iii);

(ii)    The lump‑sum portion, which is calculated on the basis of the staff member’s net base salary and, where appropriate, post adjustment at the duty station of assignment, provided that the staff member is not entitled to removal costs under staff rule 7.16.

(c)    (i)   The Secretary‑General may establish and publish special rates of daily subsistence allowance for the purposes of the assignment grant for specific categories of staff at various duty stations. Where such special rates have not been established, the daily subsistence allowance rates under staff rule 7.10 shall be used in computing the assignment grant;

(ii)    Under conditions established by the Secretary‑General, the limit of thirty days provided in paragraph (b) above may be extended to a maximum of ninety days. The amount of the grant during the extended period shall be up to 60 per cent of the appropriate prevailing rate.

Eligibility

(d)   A staff member holding a temporary appointment who travels at United Nations expense pursuant to staff rule 7.1 (a) (i) above shall be paid only the daily subsistence allowance portion of the assignment grant, for himself or herself only, as specified in subparagraph (b) (i) above.

(e)   A staff member holding a fixed‑term or continuing appointment who travels at United Nations expense to a duty station for an assignment expected to be for one year or more shall be paid an assignment grant in accordance with paragraphs (b) and (c) above.

(f)    If a change of official duty station or a new appointment involves a return to a place at which the staff member was previously stationed, the full amount of the assignment grant shall not be payable unless the staff member has been absent from that place for at least one year. In the case of a shorter absence, the amount payable shall normally be that proportion of the full grant that the completed months of absence bear to one year.

Rule 7.15

Excess baggage and unaccompanied shipments

Excess baggage

(a)   For the purpose of the Staff Rules, “excess baggage” shall mean any accompanied baggage not carried free of charge by transportation companies.

(b)   Staff members travelling by air shall be entitled to reimbursement of the cost of excess baggage for themselves and, for staff members holding fixed‑term and continuing appointments, their eligible family members up to a maximum amount established by the Secretary‑General.

General provisions on unaccompanied shipments

(c)   For the purpose of the Staff Rules, “personal effects and household goods” shall mean effects and goods normally required for personal or household use, excluding animals and power‑assisted vehicles.

(d)   Unaccompanied shipments shall normally be made in one consignment, and related expenses shall be reimbursed on the basis of the maximum entitlement provided under the present rule for transportation by the most economical means, as determined by the Secretary‑General, between the places of departure and destination of the staff member on official travel or his or her family members.

(e)   The normal costs of packing, crating and lift vans, cartage, unpacking and uncrating shall be reimbursed for unaccompanied shipments authorized under the present rule, except for shipments under conditions established by the Secretary‑General for which the cost of cartage only shall be paid. The costs for the servicing, dismantling, installation or special packing of personal effects and household goods shall not be reimbursed. Storage and demurrage charges shall not be reimbursed unless, in the opinion of the Secretary‑General, they are directly incidental to the transportation of the consignment.

(f)    The weight or volume of unaccompanied shipments of personal effects and household goods for which expenses are borne by the Organization under the present rule shall include packing but exclude crating and lift vans.

Unaccompanied shipments on home leave, family visit or education grant travel

(g)   When the authorized travel is by air or land, charges for unaccompanied shipment of personal effects or household goods relating to travel on home leave, family visit or education grant may be reimbursed up to a maximum amount established by the Secretary‑General.

Unaccompanied shipments for staff holding a temporary appointment or staff assigned for less than one year

(h)    (i)   A staff member holding a temporary appointment may be reimbursed for the shipment of personal effects and household goods, up to a maximum of 100 kilograms or 0.62 cubic metres, by the most economical means on appointment and on separation from service;

(ii)   A staff member holding a fixed‑term or continuing appointment may be reimbursed for the shipment of personal effects and household goods, up to a maximum of 100 kilograms or 0.62 cubic metres, by the most economical means when on assignment for less than one year. Where the assignment is extended for a total period of one year or longer, the staff member shall be paid expenses for an additional shipment of personal effects and household goods up to the maximum entitlement established in paragraph (i) below on the condition that staff member’s services are expected to continue for more than six months beyond the proposed date of arrival of the personal effects and household goods in line with staff rule 7.17 (b).

Unaccompanied shipments for staff holding a fixed‑term or continuing appointment appointed or assigned for one year or longer

(i)     (i)   On travel on appointment or assignment for one year or longer or when an assignment is extended for a total period of one year or longer, on transfer to another duty station or on separation from service of a staff member, charges for the shipment of personal effects and household goods by the most economical means may be reimbursed up to a maximum amount established by the Secretary‑General;

(ii)   The entitlement to payment for the non‑removal of personal effects is defined in staff rule 7.16 (h) and shall arise with respect to internationally recruited staff members who hold a fixed‑term or continuing appointment under the following circumstances: the staff member was entitled to but did not opt for removal or the staff member was not entitled to removal.

Advanced shipment of personal effects and household goods for staff holding a fixed‑term or continuing appointment and who are entitled to removal

(j)    On travel on appointment, assignment, transfer or separation from service of a staff member for whom removal costs will be paid under staff rule 7.16, a staff member may be reimbursed the costs of advance shipment by the most economical means up to a maximum amount established by the Secretary‑General.

Additional shipment entitlements for staff serving at designated duty stations

(k)   Internationally recruited staff members serving at designated duty stations having very difficult conditions of life and work shall be granted, under conditions established by the Secretary‑General, the following special entitlements:

  (i)   An additional shipment entitlement once a year by the most economical means of up to a maximum amount established by the Secretary‑General in respect of the staff member and each eligible family member for whom the Organization has paid travel costs to the duty station;

(ii)   An additional shipment entitlement in connection with the birth or adoption of a child up to a maximum amount established by the Secretary‑General;

(iii)   In addition to the unaccompanied shipment entitlements under the present rule, the cost of transporting a privately owned motor vehicle to one of the duty stations designated for that purpose may be partially reimbursed under conditions established by the Secretary‑General.

Conversion of shipment by surface to unaccompanied shipment by air

(l)    When the most economical means of shipment is by surface, the entitlement may be converted to unaccompanied shipment by air under conditions established by the Secretary‑General.

Rule 7.16

Removal and non‑removal

Eligibility for payment of removal costs

(a)   An entitlement to payment of removal costs related to personal effects and household goods, as defined in staff rule 7.15 (c), shall arise with respect to internationally recruited staff members holding a fixed‑term or continuing appointment under the following circumstances and in accordance with conditions established by the Secretary‑General:

  (i)   On initial appointment, provided that the staff member is expected to serve at the new duty station for a period of two years or longer;

(ii)   On change of duty station, provided that the staff member is expected to serve at the new duty station for a period of two years or longer;

(iii)   On separation from service, provided that the staff member had an appointment for a period of two years or longer or had completed not less than two years of continuous service, and:

a.  Had been granted removal to the duty station or a prior duty station in the course of a period of uninterrupted service; or

b.  Had been recruited at the duty station from which he or she was separating and was repatriating to the place of home leave or other location, in accordance with staff rule 7.1 (b).

(b)   When an entitlement to payment of removal costs arises under paragraph (a) above, it shall normally be paid in case of service at headquarters duty stations or other duty stations classified in the same category.

(c)   No entitlement to payment of removal costs shall arise with respect to service at a non‑family duty station.

(d)   Removal of personal effects and household goods shall be by the most economical means at rates and under conditions established by the Secretary‑General.

Maximum entitlements

(e)    (i)   Payment by the United Nations of removal costs shall be on the basis of maximum weight or volume established by the Secretary‑General;

(ii)   The normal costs of packing, crating and lift vans, cartage, unpacking and uncrating shall be reimbursed. Storage and demurrage charges shall not be reimbursed unless the Secretary‑General determines that they are directly incidental to the transportation of the consignment;

(iii)   Transportation of personal effects and household goods shall be by the most economical means at rates and under conditions established by the Secretary‑General.

(f)    Payment of removal expenses shall be on the basis of shipment from and to the following destinations:

  (i)   On appointment, from the place of recruitment or the place recognized as the staff member’s home for purposes of home leave under staff rule 5.2 to the official duty station;

(ii)   Upon separation from service, from the official duty station to any one place to which the staff member is entitled to be returned in accordance with the provisions of staff rule 7.1;

(iii)   Payment of expenses for removal from or to a place other than those specified may be authorized under terms and conditions defined by the Secretary‑General. No expenses shall be paid for removing a staff member’s personal effects and household goods from one residence to another at the same duty station.

Storage of personal effects and household goods

(g)   When a staff member entitled to payment of removal costs is assigned to a new duty station without payment of removal costs or from a duty station to which he or she had a removal entitlement under paragraph (a) above or would have had such entitlement on appointment from outside the duty station, the United Nations shall pay the costs of storage of personal effects and household goods, subject to conditions established by the Secretary‑General and provided that the staff member is expected to return to the same duty station within five years.

Eligibility for payment of non‑removal costs and the non‑removal element of the mobility and hardship allowance[48]

(h)   An entitlement to payment for the non‑removal of personal effects and the non‑removal element of the mobility and hardship allowance, in lieu of removal costs, shall arise with respect to internationally recruited staff members holding a fixed‑term or continuing appointment, provided that the staff member did not have an entitlement to or did not opt for full removal of household goods under staff rule 7.16 (b), under the following conditions:

  (i)   On initial appointment, provided that the staff member is expected to serve at the new duty station for a period of one year or longer;

(ii)   On change of duty station, provided that the staff member is expected to serve at the new duty station for a period of one year or longer;

(iii)   On separation from service, provided that the staff member had an appointment of one year or longer or had completed not less than one year of continuous service.

       The non‑removal allowance shall be payable under conditions established by the Secretary‑General and be limited to a period of five years at one duty station.

Adjustments to entitlements

(i)    Where both spouses are staff members and each is entitled to removal of personal effects and household goods or unaccompanied shipment under the present rule, and taking into account staff rule 4.7 (d), the maximum entitlement to removal at United Nations expense for both spouses shall be that provided for a staff member with a spouse or dependent child residing at the official duty station.

(j)    In cases where, for reasons not attributable to the Organization, the staff member does not complete the period of service in respect of which the United Nations has paid removal costs or non‑removal allowance, these costs may be adjusted proportionately and recovery made under conditions established by the Secretary‑General.

Rule 7.17

Loss of entitlement to unaccompanied shipment or removal expenses

(a)   A staff member who resigns before completing two years of service shall not normally be entitled to payment of removal expenses under staff rule 7.16.

(b)   Entitlement to removal expenses under staff rule 7.16 (a) shall normally cease if removal has not commenced within two years of the date on which the staff member became entitled to removal expenses or if the staff member’s services are not expected to continue for more than six months beyond the proposed date of arrival of the personal effects and household goods.

(c)   On separation from service, entitlement to unaccompanied shipment expenses under staff rule 7.15 (h) and (i) or removal expenses under staff rule 7.16 shall cease if the shipment or removal has not commenced within two years of the date of separation. However, in accordance with staff rule 4.7 (d), where both spouses are staff members and the spouse who separates first is entitled to unaccompanied shipment or removal expenses, his or her entitlement shall not cease Until two years after the date of separation of the other spouse.

Rule 7.18

Transportation of decedents

          In the event of the death of a staff member or his or her spouse or dependent child, the United Nations shall pay the expenses for transportation of the body from the official duty station or, in the event of death having occurred while in travel status, from the place of death to a place to which the deceased was entitled to return transportation under staff rule 7.1 or 7.2 under conditions established by the Secretary‑General.

Rule 7.19

Insurance

(a)   Staff members shall not be reimbursed for the cost of personal accident insurance or insurance of accompanied personal baggage. However, compensation may be paid, under arrangements in force under staff rule 6.5, in respect of loss of or damage to such baggage determined to be directly attributable to the performance of official duties on behalf of the United Nations.

(b)   In the case of shipments authorized under staff rule 7.15, except for staff members on home leave, family visit or education grant travel, and of the shipment and storage of personal effects and household goods under staff rule 7.16, insurance coverage will be provided by the Organization up to a maximum amount established by the Secretary‑General.

(c)   The United Nations shall not be responsible for the loss of or damage to unaccompanied shipments.

Chapter IX. Separation from Service

Rule 9.1

Definition of separation

Any of the following shall constitute separation from service:

  (i)   Resignation;

(ii)   Abandonment of post;

(iii)   Expiration of appointment;

(iv)   Retirement;

(v)   Termination of appointment;

(vi)   Death.

Rule 9.2

Resignation

(a)   A resignation, within the meaning of the Staff Regulations and Staff Rules, is a separation initiated by a staff member.

(b)   Unless otherwise specified in their letters of appointment, three months’ written notice of resignation shall be given by staff members holding continuing appointments, thirty calendar days’ written notice by those holding fixed‑term appointments and fifteen calendar days’ written notice by those holding temporary appointments. The Secretary‑General may, however, accept resignations on shorter notice.

(c)   The Secretary‑General may require the resignation to be submitted in person in order to be acceptable.

Rule 9.3

Abandonment of post

          Abandonment of post is a separation initiated by the staff member other than by way of resignation. Separation as a result of abandonment of post shall not be regarded as a termination within the meaning of the Staff Rules.

Rule 9.4

Expiration of appointments

          A temporary or fixed‑term appointment shall expire automatically and without prior notice on the expiration date specified in the letter of appointment.

Rule 9.5

Retirement

          Retirement under article 28 of the United Nations Joint Staff Pension Fund Regulations shall not be regarded as a termination within the meaning of the Staff Regulations and Staff Rules.

Rule 9.6

Termination

Definitions

(a)   A termination within the meaning of the Staff Regulations and Staff Rules is a separation from service initiated by the Secretary‑General.

(b)   Separation as a result of resignation, abandonment of post, expiration of appointment, retirement or death shall not be regarded as a termination within the meaning of the Staff Rules.

Reasons for termination

(c)   The Secretary‑General may, giving the reasons therefore, terminate the appointment of a staff member who holds a temporary, fixed‑term or continuing appointment in accordance with the terms of the appointment or on any of the following grounds:

  (i)   Abolition of posts or reduction of staff;

(ii)   Unsatisfactory service;

(iii)   If the staff member is, for reasons of health, incapacitated for further service;

(iv)   Disciplinary reasons in accordance with staff rule 10.2 (a) (viii) and (ix);

(v)   If facts anterior to the appointment of the staff member and relevant to his or her suitability come to light that, if they had been known at the time of his or her appointment, should, under the standards established in the Charter of the United Nations, have precluded his or her appointment;

(vi)   In the interest of the good administration of the Organization and in accordance with the standards of the Charter, provided that the action is not contested by the staff member concerned.

(d)   In addition, in the case of a staff member holding a continuing appointment, the Secretary‑General may terminate the appointment without the consent of the staff member if, in the opinion of the Secretary‑General, such action would be in the interest of the good administration of the Organization, to be interpreted principally as a change or termination of a mandate, and in accordance with the standards of the Charter.

Termination for abolition of posts and reduction of staff

(e)   Except as otherwise expressly provided in paragraph (f) below and staff rule 13.1, if the necessities of service require that appointments of staff members be terminated as a result of the abolition of a post or the reduction of staff, and subject to the availability of suitable posts in which their services can be effectively utilized, provided that due regard shall be given in all cases to relative competence, integrity and length of service, staff members shall be retained in the following order of preference:

  (i)   Staff members holding continuing appointments;

(ii)   Staff members recruited through competitive examinations for a career appointment serving on a two‑year fixed‑term appointment;

(iii)   Staff members holding fixed‑term appointments.

When the suitable posts available are subject to the principle of geographical distribution, due regard shall also be given to nationality in the case of staff members with less than five years of service and in the case of staff members who have changed their nationality within the preceding five years.

(f)    The provisions of paragraph (e) above insofar as they relate to staff members in the General Service and related categories shall be deemed to have been satisfied if such staff members have received consideration for suitable posts available within their parent organization at their duty stations.

[…]

Termination for unsatisfactory service

(h)   The appointment of a staff member may be terminated for unsatisfactory service under conditions established by the Secretary‑General.

Termination for health reasons

(i)    The appointment of a staff member who has not attained the mandatory age of retirement established in the Staff Regulations and Staff Rules but whose physical or mental condition or extended illness renders him or her incapacitated for further service may be terminated after exhaustion of any sick leave entitlement.

Rule 9.7

Notice of termination

(a)   A staff member whose continuing appointment is to be terminated shall be given not less than three months’ written notice of such termination.

(b)   A staff member whose fixed‑term appointment is to be terminated shall be given not less than thirty calendar days’ written notice of such termination or such written notice as may otherwise be stipulated in his or her letter of appointment.

(c)   A staff member whose temporary appointment is to be terminated shall be given not less than fifteen calendar days’ written notice of such termination or such written notice as may otherwise be stipulated in his or her letter of appointment.

(d)   In lieu of the notice period, the Secretary‑General may authorize compensation equivalent to salary, applicable post adjustment and allowances corresponding to the relevant notice period at the rate in effect on the last day of service.

(e)   No termination notice or compensation in lieu thereof shall be given in case of dismissal.

Rule 9.8

Termination indemnity

(a)   Payment of termination indemnity under staff regulation 9.3 and annex III to the Staff Regulations shall be calculated:

  (i)   For staff in the Professional and higher categories, on the basis of the staff member’s gross salary less staff assessment according to the schedule of rates set forth in staff regulation 3.3 (b) (i);

(ii)   For staff in the Field Service category, on the basis of the staff member’s gross salary less staff assessment according to the schedule of rates set forth in staff regulation 3.3 (b) (i), plus language allowance, if any;

(iii)   For staff in the General Service and related categories, on the basis of the staff member’s gross salary, including language allowance, if any, less staff assessment, according to the schedule of rates set forth in staff regulation 3.3 (b) (ii) applied to the gross salary alone.

(b) Length of service shall be deemed to comprise the total period of a staff member’s full‑time continuous service on fixed‑term or continuing appointments. Continuity of such service shall not be considered as broken by periods of special leave. However, service credits shall not accrue during periods of special leave with partial pay or without pay of one full month or more.

(c)   Termination indemnity shall not be paid to any staff member who, upon separation from service, will receive a retirement benefit under article 28 of the Regulations of the United Nations Joint Staff Pension Fund or compensation for total disability under staff rule 6.4.

(d)   Upon application of a staff member who is to be separated as a result of an agreed termination of appointment or because of abolition of post or reduction in staff and who is within two years of age 55 years and twenty‑five years of contributory service in the United Nations Joint Staff Pension Fund or who is over that age and within two years of twenty‑five years of contributory service, the Secretary‑General may place such staff member on special leave without pay for pension purposes pursuant to staff rule 5.3 (c) under conditions to be established by the Secretary‑General.

(e)   The Organization will, on the written request of the staff member prior to being placed on special leave pursuant to the preceding paragraph, pay the pension contribution of the Organization and/or the staff member during the period of special leave. The total amount of these contributions will be deducted from the termination indemnity otherwise payable.

(f)    A staff member selecting the option of special leave described in staff rule 9.8 (d) shall sign an undertaking acknowledging that his or her status on special leave is solely for pension purposes and that his or her entitlements and those of any dependants to all other emoluments and benefits under the Staff Regulations and Staff Rules is determined finally as at the date of commencement of such special leave.

Rule 9.9

Commutation of accrued annual leave

          If on separation from service a staff member has accrued annual leave, he or she shall be paid a sum of money in commutation of the period of such accrued leave up to a maximum of eighteen working days for staff holding a temporary appointment and up to a maximum of sixty working days for staff holding a fixed term or continuing appointment, in accordance with staff rules 4.18 and 5.1. The payment shall be calculated:

  (i)   For staff in the Professional and higher categories, on the basis of the staff member’s net base salary plus post adjustment;

(ii)   For staff in the Field Service category, on the basis of the staff member’s net base salary plus post adjustment;

(iii)   For staff in the General Service and related categories, on the basis of the staff member’s gross salary, including language allowance, if any, less staff assessment according to the schedule of rates set forth in staff regulation 3.3 (b) (ii) applied to the gross salary alone.

Rule 9.10

Restitution of advance annual and sick leave

          Upon separation, a staff member who has taken advance annual or sick leave beyond that which he or she has subsequently accrued shall make restitution for such advance leave by means of a cash refund or an offset against moneys due to the staff member from the United Nations, equivalent to the remuneration received, including allowances and other payments, in respect of the advance leave period.  The Secretary‑General may waive this requirement if in the opinion of the Secretary‑General there are exceptional or compelling reasons for so doing.

Rule 9.11

Last day for pay purposes

(a)   When a staff member is separated from service, the date on which entitlement to salary, allowances and benefits shall cease shall be determined according to the following provisions:

  (i)   In the case of resignation, the date shall be either the date of expiration of the notice period under staff rule 9.2 or such other date as the Secretary‑General accepts. A staff member will be expected to perform his or her duties during the period of notice of resignation, except when the resignation takes effect upon the completion of maternity or paternity leave or following sick or special leave. Annual leave will be granted during the period of notice only for brief periods;

(ii)   In the case of abandonment of post, the date shall be the date of the decision by the Assistant Secretary‑General for Human Resources Management to terminate the appointment or the expiry date specified in the letter of appointment, whichever is earlier;

(iii)   In the case of expiration of a temporary or fixed‑term appointment, the date shall be the date specified in the letter of appointment;

(iv)   In the case of retirement, the date shall be the date approved by the Secretary‑General for retirement;

(v)   In the case of termination, the date shall be the date provided in the notice of termination;

(vi)   In the case of dismissal, the date shall be the date on which the staff member is notified in writing of the decision to dismiss him or her;

(vii)   In the case of death, the date on which entitlement to salary, allowances and benefits shall cease shall be the date of death, unless there is a surviving spouse or dependent child. In that event, the date shall be determined in accordance with the following schedule:

 

 

 

Payment related to the period of extension beyond the date of death may be made in a lump sum as soon as the pay accounts and related matters can be closed. Such payment shall be made only to the surviving spouse and dependent children. For staff in the Professional and higher categories, the payment shall be calculated on the basis of the staff member’s gross salary less staff assessment according to the schedule of rates set forth in staff regulation 3.3 (b) (i). For staff in the Field Service category, the payment shall be calculated on the basis of the staff member’s gross salary less staff assessment according to the schedule of rates set forth in staff regulation 3.3 (b) (i), plus language allowance, if any. For staff in the General Service and related categories, the payment shall be calculated on the basis of the staff member’s gross salary, including language allowance, if any, less staff assessment according to the schedule of rates set forth in staff regulation 3.3 (b) (ii) applied to the gross salary alone. All other entitlements and accrual of benefits shall cease as at the date of death, except as provided by staff rule 3.9 (f) for payment of education grant when the staff member dies while in service after the beginning of a school year.

(b)   When an internationally recruited staff member has an entitlement to return travel under staff rule 7.1 (a) (iv), this shall not affect the determination of the last day for pay purposes in accordance with the provisions of paragraph (a) above. In the case of resignation, expiration of temporary or fixed‑term appointment, termination or retirement, the staff member shall be paid, on separation, an additional amount for days of authorized travel estimated on the basis of uninterrupted travel by an approved route, mode and standard of travel from the duty station to the place of entitlement to return travel. Such amount shall be calculated as is done for the commutation of accrued annual leave under staff rule 9.9 above.

Rule 9.12

Certification of service

          Any staff member who so requests shall, on leaving the service of the United Nations, be given a statement relating to the nature of his or her duties and the length of service. On the staff member’s written request, the statement shall also refer to the quality of his or her work and his or her official conduct.

Chapter XII. General Provisions

Rule 12.1

Applicability

          Staff rules 1.1 to 13.9 are applicable to all staff members appointed by the Secretary‑General.

Rule 12.2

Gender of terms

(a)   In the text of the Staff Rules, reference to staff members in the masculine gender shall apply to staff members of both sexes, unless it is clearly inappropriate from the context to do so.

[…]

 

___________

 

Chapter XIII. Transitional measures

Rule 13.1

Permanent appointment

(a)   A staff member holding a permanent appointment as at 30 June 2009[49] or who is granted a permanent appointment under staff rules […] 13.4 (b) shall retain the appointment until he or she separates from the Organization. Effective 1 July 2009[50], all permanent appointments shall be governed by the terms and conditions applicable to continuing appointments under the Staff Regulations and the Staff Rules, except as provided under the present rule.

(b)   […]

(c)   Staff regulation 9.3 (b) and staff rule 9.6 (d) do not apply to permanent appointments.

(d)   If the necessities of service require abolition of a post or reduction of the staff and subject to the availability of suitable posts for which their services can be effectively utilized, staff members with permanent appointments shall be retained in preference to those on all other types of appointments, provided that due regard shall be given in all cases to relative competence, integrity and length of service. Due regard shall also be given to nationality in the case of staff members with no more than five years of service and in the case of staff members who have changed their nationality within the preceding five years when the suitable posts available are subject to the principle of geographical distribution.

[…]

Rule 13.4

100‑series fixed‑term appointment

(a)   A staff member holding a 100‑series fixed‑term appointment as at 30 June 2009[51] shall continue to serve the period of the appointment until the expiration date specified in his or her letter of appointment, except as provided in staff rule 13.7[52]. Effective 1 July 2009[53], 100‑series appointments shall be governed by the terms and conditions applicable to fixed‑term appointments under the Staff Regulations and the Staff Rules, except as provided under the present rule.

(b)   Notwithstanding that a 100‑series fixed‑term appointment does not carry any expectancy of renewal or of conversion to any other type of appointment, a staff member who has completed five years of continuous service on a 100‑series fixed term appointment on or before 30 June 2009[54], who has fully met the highest standards of efficiency, competence and integrity and who is under the age of 53 years on the date on which he or she reaches five years of qualifying service will be given every reasonable consideration for a permanent appointment, taking into account all the interests of the Organization.

Rule 13.6

300‑series appointment

(a)   A staff member holding a 300‑series short‑term appointment as at 30 June 2009[55] shall continue to serve the period of the appointment until the expiration date specified in his or her letter of appointment. Effective 1 July 2009[56], 300‑series short‑term appointments shall be governed by the terms and conditions applicable to temporary appointments under the Staff Regulations and the Staff Rules.

[…]

Appendix B to the Rules

Education grant entitlements applicable in cases where educational
expenses are incurred in specified currencies and countries

 

(Effective as from the school year in progress on 1 January 2009)

 

 

 

   ^a  Except for the following schools, where the US dollars (in the United States of America) level will be applied: American School of Paris, American University of Paris, British School of Paris, European Management School of Lyon, International School of Paris, Marymount School of Paris, Ecole Active Bilingue Victor Hugo and Ecole Active Bilingue Jeannince Manuel.

   ^b  Also applies, as a special measure, for Bulgaria, China, Hungaria, Indonesia and the Russian Federation.

   ^c  Including Finland and Norway, which had been tracked as a separate zone.

 

 

 

 

Attendance at an educational institution outside the duty station

  (i)   Where the educational institution provides board, the amount shall be 75 per cent of the allowable costs of attendance and board up to the maximum amount indicated in column 1, with the maximum annual grant indicated in column 2.

(ii)   Where the educational institution does not provide board, the amount shall be a flat sum as indicated in column 3, plus 75 per cent of the allowable costs of attendance up to the maximum annual grant indicated in column 2.

Attendance at an educational institution at the duty station

(iii)   The amount shall be 75 per cent of the allowable costs of attendance up to the maximum indicated in column 1, with the maximum annual grant indicated in column 2.

(iv)   Where the educational institution is located beyond commuting distance from the area where the staff member is serving and, in the opinion of the Secretary‑General, no school in that area would be suitable for the child, the amount of the grant shall be calculated at the same rates as specified in paragraph (i) or (ii) above.

Attendance at an educational institution at the primary or secondary level outside the duty station, for designated duty stations with inadequate or no educational facilities

(v)   Where the educational institution provides board: a. 100 per cent of the costs of board up to the maximum amount indicated in column 4;  and b. 75 per cent of the allowable costs of attendance and any part of the costs of board in excess of the amount indicated in column 4, with a maximum reimbursable amount as indicated in column 5.

(vi)   Where the educational institution does not provide board:

a.  A flat sum for board as indicated in column 4;  and

b.  75 per cent of the allowable costs of attendance, with a maximum reimbursable amount as indicated in column 5.

(vii)   Paragraphs (v) and (vi) above are not applicable to special missions.

___________

Appendix C to the Rules

Arrangements relating to Military Service

(a)   In accordance with section 18 (c) of the Convention on Privileges and Immunities of the United Nations, staff members who are nationals of those Member States which have acceded to that Convention shall be “immune from national service obligations” in the armed services of the country of their nationality.

(b)   Any requests to Governments which have not acceded to the Convention to defer or exempt staff members from military service by reason of their employment with the United Nations shall be made by the Secretary‑General and not by the staff member concerned.

(c)   Staff members who have successfully passed a competitive examination and have completed one year of satisfactory service under a fixed‑term appointment or who have a continuing appointment may, if called by a Member Government for military service, whether for training or active duty, be placed on special leave without pay for the duration of their required military service. Other staff members, if called for military service, shall be separated from the Secretariat according to the terms of their appointments.

(d)   A staff member called for military service who is placed on special leave without pay shall have the terms of appointment maintained as they were on the last day of service before the staff member went on leave without pay. The staff member’s re‑employment in the Secretariat shall be guaranteed, subject only to the normal rules governing necessary reductions in force or abolition of posts.

(e)   In the interpretation of staff rule 5.3 (b) the period of special leave without pay for military service shall be counted for the purpose of establishing seniority.

(f)    A staff member on special leave without pay for military service shall be required to advise the Secretary‑General within ninety days after release from military service if the staff member wishes to be restored to active duty with the Secretariat. The staff member shall also be required to submit a certificate of completion of military service.

(g)   If a staff member, after the period of required military service, elects to continue such service or if the staff member fails to obtain a certified release therefrom, the Secretary‑General will determine, on the merits of the particular case, whether further special leave without pay will be granted and whether re employment rights shall be maintained.

(h)   If the staff member’s absence on special leave without pay appears likely to last six months or more, the United Nations will pay, if so requested, for transporting the staff member’s spouse and dependent children to the staff member’s place of entitlement and for their return travel after the staff member’s return to active duty with the Secretariat, provided that the expenses involved will be counted as travel expenses related to the next home leave entitlement of the staff member.

(i)    The United Nations shall not continue its contribution to the United Nations Joint Staff Pension Fund on behalf of the staff member during the staff member’s absence on special leave without pay for military service.

(j)    The provisions of staff rule 6.4 relating to death, injury or illness attributable to the performance of official duties on behalf of the United Nations shall not be applicable during periods of military service.

(k)   The Secretary‑General may, if the circumstances of the military service appear to warrant it, credit the staff member’s period on special leave without pay for military service in fixing the salary step upon the staff member’s return to active duty with the Secretariat.

(l)    The Secretary‑General may apply such of the foregoing provisions as are appropriate in the case of a staff member who, with the advance approval of the Secretary‑General, volunteers for military service or requests a waiver of immunity under section 18 (c) of the Convention on Privileges and Immunities of the United Nations.

 

___________

 

Appendix D to the Rules

Rules governing compensation in the event of death, injury or
illness attributable to the performance of official
duties onbehalf of the United Nations

See ST/SGB/Staff Rules/Appendix D/Rev.1
and ST/SGB/Staff Rules/1/Rev.7/Amend.3, issued separately

Article 16

Advisory Board on Compensation Claims

(d)   The Board shall consist of:

  (i)   Three representatives of the Administration appointed by the Secretary‑General;

(ii)   Three representatives of the staff appointed by the Secretary‑General on the recommendation of the Staff Committee;

who should have the necessary expertise in administrative and human resources matters.

 

 

Former United Nations Staff Rules

Text of the Rules Applicable St/SGB/2002/1

(Annex II, Section C, of the Staff Regulations for the Registry)

Chapter X

Disciplinary measures and procedures

Rule 110.2

Suspension during investigation and disciplinary proceedings

(a)   If a charge of misconduct is made against a staff member and the Secretary‑General so decides, the staff member may be suspended from duty during the investigation and pending completion of disciplinary proceedings for a period which should normally not exceed three months. Such suspension shall be with pay unless, in exceptional circumstances, the Secretary‑General decides that suspension without pay is appropriate. The suspension shall be without prejudice to the rights of the staff member and shall not constitute a disciplinary measure.

(b)   A staff member suspended pursuant to paragraph (a) shall be given a written statement of the reason for the suspension and its probable duration.

(c)   If a suspension pursuant to paragraph (a) is without pay and the charge of misconduct is subsequently not sustained, any salary withheld shall be restored.

Rule 110.3

Disciplinary measures

(a)   Disciplinary measures may take one or more of the following forms:

  (i)   Written censure by the Secretary‑General;

(ii)   Loss of one or more steps in grade;

(iii)   Deferment, for a specified period, of eligibility for within‑grade increment;

(iv)   Suspension without pay;

(v)   Fine;

(vi)   Demotion;

(vii)   Separation from service, with or without notice or compensation in lieu thereof, notwithstanding rule 109.3[57];

(viii)  Summary dismissal.

(b)   The following measures shall not be considered to be disciplinary measures, within the meaning of this rule:

  (i)   Reprimand, written or oral, by a supervisory official;

(ii)   Recovery of moneys owed to the Organization;

(iii)   Suspension pursuant to rule 110.2.

Rule 110.4

Due process

(a)   No disciplinary proceedings may be instituted against a staff member unless he or she has been notified of the allegations against him or her, as well as of the right to seek the assistance in his or her defence of another staff member or retired staff member, and has been given a reasonable opportunity to respond to those allegations.

 

___________