Staff Regulations


Duties, obligations and privileges Annual and special leave Disciplinary measures
Regulation 1.1 - Status of staff Regulation 5.1 Regulation 10.1
Regulation 1.2 - Basic rights and obligations of staff Regulation 5.2  
Regulation 1.3 - Performance of staff Regulation 5.3 Appeals
    Regulation 11.1
Classification of posts and staff Social security  
Regulation 2.1 Regulation 6.1 General Provisions
  Regulation 6.2 Regulation 12.1
Salaries and related allowances   Regulation 12.2
Regulation 3.1 Travel and relocation expenses Regulation 12.3
Regulation 3.2 Regulation 7.1 Regulation 12.4
Regulation 3.3 Regulation 7.2 Regulation 12.5
Regulation 3.4    
Regulation 3.5 Staff relations Annex I - Salary scales and related provisions
Regulation 3.6 Regulation 8.1 Annex II - Letters of appointment
  Regulation 8.2 Annex III - Termination indemnity
Appointment and promotion   Annex IV - Repatriation grant
Regulation 4.1 Separation from service  
Regulation 4.2 Regulation 9.1  
Regulation 4.3 Regulation 9.2  
Regulation 4.4 Regulation 9.3  
Regulation 4.5 Regulation 9.4  
Regulation 4.6  

 

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Staff Regulations and Staff Rules, including provisional Staff Rules, of the United Nations

Secretary-General’s bulletin

ST/SGB/2023/1

1 January 2023

 

 Under Article 101 of the Charter of the United Nations, the General Assembly establishes staff regulations which set out the broad principles of human resources policy for the staffing and administration of the Secretariat and the separately administered funds and programmes. The Secretary-General is required by the staff regulations to provide and enforce such staff rules, consistent with these principles, as the Secretary-General considers necessary

 

 The Secretary-General, pursuant to staff regulations 12.1, 12.2, 12.3, 12.4 and 12.5, promulgates the following with respect to the Staff Regulations and Rules[1] of the United Nations effective as from 1 January 2023, and hereby promulgates the following with respect to the provisional Staff Rules, provisionally effective as from 1 January 2023..

 

Articles 8, 97, 100, 101 and 105 of the Charter of the United Nations, which relate to the service of the staff, are included in the introductory part of the present edition of the Staff Regulations and Rules, including provisional Staff Rules, on page 6.

 

Section 1

 Provisional Staff Rules

1.1   The provisional Staff Rules introduce gender-inclusive language in accordance with resolution 72/147of 19 December 2017, in which the General Assembly reaffirmed the important role of UN-Women in leading, coordinating and promoting accountability of the United Nations system in its work on gender equality and the empowerment of women. Additional editorial changes were made to simplify and streamline the provisional Staff Rules, to improve the user-friendliness and clarity of the text, and to eliminate duplication.

1.2   In provisional staff rule 1.2 (Basic rights and obligations of staff), paragraph (e), on specific instances of prohibited conduct, the reference to the marriage of a staff member with a person who is under the age of 18 but over the age of majority or consent in his or her country of citizenship was removed in line with General Assembly resolution 73/153 on child, early and forced marriage, in which the Assembly called upon States to develop and implement measures at all levels to end child, early and forced marriage.

1.3   New provisional rule 1.3 (Employment and accessibility for staff members with disabilities) was added. The provisional rule is in accordance with General Assembly resolution 73/273 and is based on the elements currently included in the Secretary-General’s bulletin on employment and accessibility for staff members with disabilities in the United Nations Secretariat (ST/SGB/2014/3).

1.4   Provisional rule 3.3 (Salary policy) was modified to ensure that salary steps in grade are determined in a consistent manner regardless of whether the staff member changes category, is appointed or is selected for a new position at a higher level within the same category.

1.5   New provisional rule 3.7 (Rental subsidy) was added for the purposes of additional consistency and clarity in the Staff Rules.

1.6   New provisional rule 3.16 (Deductions and contributions), paragraph (c), was added to provide a clearer basis on which the Organization may make voluntary deductions in accordance with the amounts reflected in family support court orders in cases in which staff members have failed to meet those obligations.

1.7   Provisional rule 4.4 (Staff in posts subject to local recruitment), paragraph (b), on the recruitment of National Professional Officers, reflects the increased flexibility in the use of National Professional Officers in accordance with the guidelines approved by the General Assembly in its resolution 72/255.

1.8   Provisional rule 6.3 (Parental leave) reflects a change in the parental leave entitlement pursuant to General Assembly resolution 77/256 to replace the current maternity, paternity and adoption leave provisions with a parental leave provision of 16 weeks for all parents; and to provide an additional period of 10 weeks for the parent who gives birth.

1.9   Provisional rule 7.2 (Official travel of staff members and their eligible family members), paragraph (c), allows staff members and their eligible family members to repatriate to either the place of recruitment or the recognized place of home leave, provided that the staff members hold an appointment other than a temporary one and regardless of the duration of their appointment of service with the Organization.

1.10 Provisional rule 7.3 (Dates, mode, route and standard of travel), paragraph (f), reflects that, for all official travel by air, the Deputy Secretary-General, the Under-Secretaries-General and the Assistant Secretaries-General and their eligible family members shall be provided with a standard of travel immediately below first class in accordance with General Assembly resolution 72/262 B, unless economy class transportation is otherwise provided for under conditions established by the Secretary-General.

1.11 Under provisional rule 9.8 (Termination indemnity), paragraph (c), a termination indemnity is payable to staff members whose normal age of retirement is 60 or 62 and whose appointments are terminated as a result of abolition of posts or reduction of staff prior to their mandatory age of separation of 65 years. This is a direct consequence of implementing the new mandatory age of separation of 65 years effective 1 January 2018 as decided by the General Assembly in its resolution 70/244.

1.12 By its resolution 77/256, the General Assembly approved an update of the salary scale and pay protection points for staff in the Professional and higher categories, as set out in annex I to the Staff Regulations.

1.13 The salary scale and pay protection measures for staff in the Field Service category as set out in appendix A to the Staff Rules, were updated pursuant to General Assembly resolution 77/256.

 

Section 2

Final provisions

2.1   The provisional Rules shall remain provisional until the requirements of staff regulations 12.3 and 12.4 have been met.

2.2   The present bulletin supersedes Secretary-General’s bulletin ST/SGB/2018/1/Rev.2.

 

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  Charter of the United Nation

 Provisions relating to service of the staff

                     Article 8

         The United Nations shall place no restrictions on the eligibility of men and women to participate in any capacity and under conditions of equality in its principal and subsidiary organs.

 

                     Article 97

         The Secretariat shall comprise a Secretary-General and such staff as the Organization may require. The Secretary-General shall be appointed by the General Assembly upon the recommendation of the Security Council. He shall be the chief administrative officer of the Organization.

 

                     Article 100

         1.      In the performance of their duties, the Secretary-General and the staff shall not seek or receive instructions from any Government or from any other authority external to the Organization. They shall refrain from any action which might reflect on their position as international officials responsible only to the Organization.

         2.      Each Member of the United Nations undertakes to respect the exclusively international character of the responsibilities of the Secretary-General and the staff and not to seek to influence them in the discharge of their responsibilities.

 

                     Article 101

         1.      The staff shall be appointed by the Secretary-General under regulations established by the General Assembly.

     2.      Appropriate staffs shall be permanently assigned to the Economic and Social Council, the Trusteeship Council, and, as required, to other organs of the United Nations. These staffs shall form a part of the Secretariat.

       3.      The paramount consideration in the employment of the staff and in the determination of the conditions of service 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.

 

                     Article 105

         1.      The Organization shall enjoy in the territory of each of its Members such privileges and immunities as are necessary for the fulfilment of its purposes.

         2.      Representatives of the Members of the United Nations and officials of the Organization shall similarly enjoy such privileges and immunities as are necessary for the independent exercise of their functions in connection with the Organization.

         3.      The General Assembly may make recommendations with a view to determining the details of the application of paragraphs 1 and 2 of this Article or may propose conventions to the Members of the United Nations for this purpose.

 

                     Earlier amendments to the Staff Regulations

         The General Assembly established the Staff Regulations of the United Nations according to Article 101 of the Charter by resolution 590 (VI) of 2 February 1952 and amended them thereafter by resolutions 781 (VIII) and 782 (VIII) of 9 December 1953, resolution 882 (IX) of 14 December 1954, resolution 887 (IX) of 17 December 1954, resolution 974 (X) of 15 December 1955, resolution 1095 (XI) of 27 February 1957, resolutions 1225 (XII) and 1234 (XII) of 14 December 1957, resolution 1295 (XIII) of 5 December 1958, resolution 1658 (XVI) of 28 November 1961, resolution 1730 (XVI) of 20 December 1961, resolution 1929 (XVIII) of 11 December 1963, resolution 2050 (XX) of 13 December 1965, resolution 2121 (XX) of 21 December 1965, resolution 2369 (XXII) of 19 December 1967, resolutions 2481 (XXIII) and 2485 (XXIII) of 21 December 1968, resolution 2742 (XXV) of 17 December 1970, resolution 2888 (XXVI) of 21 December 1971, resolution 2990 (XXVII) of 15 December 1972, resolution 3008 (XXVII) of 18 December 1972, resolution 3194 (XXVIII) of 18 December 1973, resolutions 3353 (XXIX) and 3358 B (XXIX) of 18 December 1974, resolution 31/141 B of 17 December 1976, resolution 32/200 and decision 32/450 B of 21 December 1977, resolution 33/119 of 19 December 1978, decision 33/433 of 20 December 1978, resolution 35/214 of 17 December 1980, decision 36/459 of 18 December 1981, resolution 37/126 of 17 December 1982, resolution 37/235 C of 21 December 1982, resolution 39/69 of 13 December 1984, resolutions 39/236 and 39/245 of 18 December 1984, decision 40/467 of 18 December 1985, resolutions 41/207 and 41/209 of 11 December 1986, resolutions 42/221 and 42/225 of 21 December 1987, resolution 43/226 of 21 December 1988, resolution 44/185 of 19 December 1989, resolution 44/198 of 21 December 1989, resolutions 45/241 and 45/251 of 21 December 1990, resolution 45/259 of 3 May 1991, resolution 46/191 of 20 December 1991, resolution 47/216 of 12 March 1993, resolution 47/226 of 30 April 1993, resolutions 48/224 and 48/225 of 23 December 1993, resolutions 49/222 and 49/223 of 23 December 1994, resolution 49/241 of 6 April 1995, resolution 51/216 of 18 December 1996, resolution 52/216 of 22 December 1997, resolution 52/225 of 4 February 1998, resolution 52/252 of 8 September 1998, resolution 54/238 and decision 54/460 of 23 December 1999, resolution 55/223 of 23 December 2000, resolution 55/258 of 14 June 2001, resolution 56/244 of 24 December 2001, resolution 57/285 of 20 December 2002, resolution 57/310 of 18 June 2003, resolution 58/265 of 23 December 2003, resolution 59/268 of 23 December 2004, resolutions 60/238 and 60/248 of 23 December 2005, resolution 61/239 of 22 December 2006, resolution 62/227 of 22 December 2007, resolution 63/271 of 7 April 2009, resolution 65/248 of 23 December 2010, resolutions 67/254 A and 67/255 of 12 April 2013, resolutions 68/252 and 68/253 of 27 December 2013, resolution 70/244 of 23 December 2015, resolution 70/256 of 1 April 2016, resolution 71/263 of 23 December 2016, resolution 72/254 of 24 December 2017, resolution 73/273 of 22 December 2018, resolution 74/255 B of 27 December 2019, resolution 75/245 of 31 December 2020, resolution 76/240 of 24 December 2021 and resolution 77/256 of 30 December 2022.

 

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Contents

 

Article or chapter

     Title

Regulations

Rules

Page

    Scope and purpose.

9

  1.     Duties, obligations and privileges

1.1–1.3

1.1–1.9

10

  1.     Classification of posts and staff

2.1

2.1

19

  1.     Salaries and related allowances.

3.1–3.6

3.1–3.17

21

  1.     Appointment and promotion..

4.1–4.6

4.1–4.19

34

  1.     Annual and special leave; Attendance and leave.

5.1–5.3

5.1–5.5

41

  1.     Social security.

6.1–6.2

6.1–6.7

47

  1.     Travel and relocation expenses

7.1–7.2

7.1–7.16

51

  1.     Staff relations

8.1–8.2

8.1–8.2

63

  1.     Separation from service

9.1–9.4

9.1–9.14

66

  1.     Disciplinary measures.

10.1

10.1–10.4

76

  1.     Appeals

11.1

11.1–11.5

79

  1.     General provisions

12.1–12.5

12.1–12.4

84

  1.     Transitional measures....

13.1–13.6

86

 

 

Annexes to the Staff Regulations

 

 

 

Page

         Annex

 

  1.     Salary scales and related provisions...................................

88

  1.     Letters of appointment..............................................

92

  1.     Termination indemnity...............................................

93

  1.     Repatriation grant...................................................

95

 

 

Appendices to the Staff Rules

 

 

 

Page

   Appendix

 

  1. Pensionable remuneration for staff in the Professional and higher categories and salary scales and pensionable remuneration for staff in the Field Service category...........................................................

96

  1. Education grant entitlements.........................................

100

  1. Arrangements relating to military service...............................

101

  1. Rules governing compensation in the event of death, injury or illness attributable to the performance of official duties on behalf of the United Nations

103

 

 

 

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                     Staff Regulations of the United Nations

 

 

                     Scope and purpose

 

 

         The Staff Regulations embody the fundamental conditions of service and the basic rights, duties and obligations of the United Nations Secretariat. They represent the broad principles of human resources policy for the staffing and administration of the Secretariat. For the purposes of these Regulations, the expressions “United Nations Secretariat”, “staff members” or “staff” shall refer to all the staff members of the Secretariat, within the meaning of Article 97 of the Charter of the United Nations, whose employment and contractual relationship are defined by a letter of appointment subject to regulations promulgated by the General Assembly pursuant to Article 101, paragraph 1, of the Charter. The Secretary-General, as the chief administrative officer, shall provide and enforce such staff rules consistent with these principles as the Secretary-General considers necessary.

 

 

 

 

 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;

 (b)    Staff members shall make the following written declaration witnessed by the Secretary-General or his or her authorized representative:

“I solemnly declare and promise to exercise in all loyalty, discretion and conscience the functions entrusted to me as an international civil servant of the United Nations, to discharge these functions and regulate my conduct with the interests of the United Nations only in view, and not to seek or accept instructions in regard to the performance of my duties from any Government or other source external to the Organization.

  “I also solemnly declare and promise to respect the obligations incumbent upon me as set out in the Staff Regulations and Rules.”

 (c)    The Secretary-General shall ensure that the rights and duties of staff members, as set out in the Charter and the Staff Regulations and Rules and in the relevant resolutions and decisions of the General Assembly, are respected;

(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;

 (e)    The Staff Regulations apply to all staff at all levels, including staff of the separately funded organs, holding appointments under the Staff Rules;

(f)     The privileges and immunities enjoyed by the United Nations by virtue of Article 105 of the Charter are conferred in the interests of the Organization. These privileges and immunities furnish no excuse to the staff members who are covered by them to fail to observe laws and police regulations of the State in which they are located, nor do they furnish an excuse for non-performance of their private obligations. In any case where an issue arises regarding the application of these privileges and immunities, the staff member shall immediately report the matter to the Secretary-General, who alone may decide whether such privileges and immunities exist and whether they shall be waived in accordance with the relevant instruments.

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Regulation 1.2

Basic rights and obligations of staff

Core values

(a)    Staff members shall uphold and respect the principles set out in the Charter, 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;

         (b)    Staff members 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;

 

                     General rights and obligations

         (c)    Staff members are subject to the authority of the Secretary-General and to assignment by him or her to any of the activities or offices of the United Nations. In exercising this authority, the Secretary-General shall seek to ensure, having regard to the circumstances, that all necessary safety and security arrangements are made for staff carrying out the responsibilities entrusted to them;

         (d)    In the performance of their duties staff members shall neither seek nor accept instructions from any Government or from any other source external to the Organization;

         (e)    By accepting appointment, staff members pledge themselves to discharge their functions and regulate their conduct with the interests of the Organization only in view. Loyalty to the aims, principles and purposes of the United Nations, as set forth in its Charter, is a fundamental obligation of all staff members by virtue of their status as international civil servants;

         (f)     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 United Nations. 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 United Nations. 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;

         (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;

         (k)    If refusal of an unanticipated honour, decoration, favour or gift from a Government would cause embarrassment to the Organization, the staff member may receive it on behalf of the Organization and then report and entrust it to the Secretary-General, who will either retain it for the Organization or arrange for its disposal for the benefit of the Organization or for a charitable purpose;

         (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)   A conflict of interest occurs when, by act or omission, a staff member’s personal interests interfere with the performance of his or her official duties and responsibilities or with the integrity, independence and impartiality required by the staff member’s status as an international civil servant. When an actual or possible conflict of interest does arise, the conflict shall be disclosed by staff members to their head of office, mitigated by the Organization and resolved in favour of the interests of the Organization;

         (n)    All staff members at the D-1 level and above shall be required to file financial disclosure statements on appointment and at intervals thereafter as prescribed by the Secretary-General, in respect of themselves, their spouses and their dependent children, and to assist the Secretary-General in verifying the accuracy of the information submitted when so requested. The financial disclosure statements shall include certification that the assets and economic activities of the staff members, their spouses and their dependent children do not pose a conflict of interest with their official duties or the interests of the United Nations. The financial disclosure statements will remain confidential and will only be used, as prescribed by the Secretary-General, in making determinations pursuant to staff regulation 1.2 (m). The Secretary-General may require other staff to file financial disclosure statements as he or she deems necessary in the interest of the Organization;

 

                     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;

         (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 occurs;

 

                     Use of property and assets

 

         (q)    Staff members shall use the property and assets of the Organization only 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 the possible misuse of funds, waste or abuse.

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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. Their performance will be appraised periodically to ensure that the required standards of performance are met;

         (b)    The whole time of staff members shall be at the disposal of the Secretary-General for the performance of official functions. The Secretary-General shall establish a normal working week and shall establish official holidays for each duty station. Exceptions may be made by the Secretary-General as the needs of the service may require, and staff members shall be required to work beyond the normal tour of duty when requested to do so.

 

 

 

                     Chapter I

                     Duties, obligations and privileges

 

 

                     Rule 1.1

                     Status of staff

 

         (a)    The declaration made by a staff member on appointment pursuant to staff regulation 1.1 (b) shall be placed in the staff member’s official status file. A new declaration shall be made after a break in service that exceeds three months.

         (b)    The declaration administered under staff regulation 1.1 (b) shall not prevent the close collaboration of staff with a Government pursuant to an agreement between the Government and the United Nations.

 

                     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.

         (c)    Staff members have a duty to report any breach of the Organization’s regulations and rules to the officials who are responsible for taking appropriate action. Staff members shall cooperate with duly authorized audits and investigations. Staff members shall not be retaliated against for complying with these duties.

         (d)    Disciplinary procedures may be instituted against staff members who fail to comply with their obligations and the standards of conduct set out in the Charter of the United Nations, the Staff Regulations and Rules, the Financial Regulations and Rules and administrative issuances.

 

                     Specific instances of prohibited conduct

 

         (e)    Both sexual exploitation and sexual abuse are prohibited. Sexual activity with children (persons under the age of 18) is prohibited regardless of the age of majority or the age of consent locally. Mistaken belief in the age of a child is not a defence. The exchange of money, employment, goods or services for sex, including sexual favours or other forms of humiliating, degrading or exploitative behaviour, is prohibited. United Nations staff members are obliged to create and maintain an environment that prevents sexual exploitation and sexual abuse.

         (f)     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.

         (g)    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.

         (h)    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.

         (i)     Staff members shall not take any of the following actions with malicious intent, or without authorization, or for personal benefit or for the private gain of any third party: alter, destroy, falsify, misplace, abuse or render useless any official document, record, file or data that is intended to be kept as part of the records of the Organization.

         (j)     Staff members shall not seek to influence Member States, principal or subsidiary organs of the United Nations or expert groups in order to obtain a change from a position or decision taken by the Secretary-General, including decisions relating to the financing of the Organization’s activities, or in order to secure support for improving their personal situation or the personal situation of other staff members or for blocking or reversing unfavourable decisions regarding their status or their colleagues’ status.

         (k)    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 that staff member or third party 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.

 

                     Honours, gifts or remuneration

 

         (l)     Acceptance by staff members of any honour, decoration, favour, gift or remuneration from non-governmental sources requires the prior approval of the Secretary-General. Approval shall be granted only in exceptional cases and where such acceptance is not incompatible with the interests of the Organization and with the staff member’s status as an international civil servant. If circumstances do not allow for prior approval or if refusal of an unanticipated honour, decoration, favour or gift, including a minor gift of essentially nominal value, would cause embarrassment to the Organization, staff members may receive it on behalf of the Organization provided that it is reported and entrusted to the Secretary-General through established procedures.

         (m)   The Secretary-General may authorize staff members to accept from a non‑governmental source or a university or a related institution, academic awards, distinctions and tokens of a commemorative or honorary character, such as scrolls, certificates, trophies or other items of essentially nominal monetary value.

         (n)    Staff members, as part of their official functions, will be expected from time to time to attend governmental or other functions such as meetings, conferences, meals and diplomatic receptions. Such attendance is not considered receipt of a favour, gift or remuneration within the meaning of the Staff Regulations and Rules.

         (o)    Staff members shall not accept any gift, remuneration or favour from any source having or seeking to have any type of contractual relationship with the Organization.

 

                     Conflict of interest

 

         (p)    Staff members shall, except as otherwise authorized by the Secretary-General, formally recuse themselves from any involvement in a matter which might give rise to an actual or possible conflict of interest as set out in staff regulation 1.2 (m) and take any other action as may be deemed necessary pending the consideration by the Organization of any mitigation or remediation measures. Staff members shall implement the mitigation or remediation prescribed by the Organization to resolve that conflict of interest situation.

         (q)    Pursuant to staff regulation 1.2 (n), the Secretary-General shall establish procedures for the filing and utilization of financial disclosure statements.

 

                     Outside employment and activities

 

         (r)     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).

         (s)    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).

         (t)     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

 

         (u)    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 7.7 (a).

 

                     Rule 1.3

                     Employment and accessibility for staff members with disabilities

 

         Staff members with disabilities shall enjoy an accessible, non-discriminatory and inclusive workplace, as well as the right to reasonable accommodation, under conditions established by the Secretary-General.

 

                     Rule 1.4

                     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 Rules for purposes of accountability.

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

         (c)    Performance appraisals shall be conducted regularly for all staff members, including at the Assistant Secretary-General level and above, in accordance with procedures promulgated by the Secretary-General.

 

                     Rule 1.5

                     Notification by staff members and obligation to supply information

 

         (a)    Staff members shall supply 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 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 promptly notify the Secretary-General, in writing, of any subsequent changes affecting their status or administrative arrangements under the Staff Regulations or Staff Rules.

         (c)    Staff members who intend to acquire permanent residence status in any country other than that of their nationality or who intend to change their nationality shall notify the Secretary-General of that intention before the change in residence status or the change in nationality becomes final.

         (d)    Staff members who have 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 have been convicted, fined or imprisoned for any offence other than a minor traffic violation shall immediately report the fact to the Secretary-General.

         (e)    Staff members may at any time be required by the Secretary-General to supply information concerning facts anterior to their appointment and relevant to their suitability or concerning facts relevant to their integrity, conduct and service as staff members.

 

                     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 the nominated beneficiary or beneficiaries, subject to application of the Staff Regulations and 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 the estate of the staff member.

                     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

 

         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

                     Proprietary rights

 

         All rights, including title, copyright and patent rights, in any work performed by staff members as part of their official duties shall be vested in the United Nations.

 

 

                     Article II

                     Classification of posts and staff

 

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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.

 

 

 

                     Chapter II

                     Classification of posts and staff

 

 

                     Rule 2.1

                     Classification of posts

 

         (a)    Posts other than those of Deputy Secretary-General, Under-Secretaries-General and Assistant Secretaries-General shall be classified in categories and level according to standards established by the International Civil Service Commission or by the Secretary-General, as applicable.

         (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.

 

 

 

                     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 school year in which the child completes four years of post-secondary studies or attains a first post-secondary degree, whichever comes first, subject to the upper age limit of 25 years. Admissible expenses actually incurred shall be reimbursed based on a sliding scale, subject to a maximum grant as approved by the General Assembly. Under conditions established by the Secretary-General, travel costs for the child of a staff member in receipt of assistance with boarding expenses and attending school at the primary and secondary levels may also be paid for an outward and return journey once in each scholastic year between the educational institution and the duty station. 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)    Under conditions established by the Secretary-General, assistance for boarding-related expenses shall be provided to staff members serving in duty stations other than those classified as headquarters duty stations and whose children are boarding to attend school outside the duty station at the primary and secondary levels, at an amount approved by the General Assembly. The Secretary-General may establish conditions under which boarding assistance may exceptionally be granted to staff members serving at headquarters duty stations whose children are boarding to attend school outside the duty station 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.

 

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:

 

                     Staff assessment rates used in conjunction with pensionable remuneration and pensions (effective 1 January 2019)

 

 

Total assessable payments

(United States dollars)

Staff assessment rates used in conjunction with 
pensionable remuneration and pensions
(percentage)

 

 

First 20,000 per year..........................................

19

Next 20,000 per year..........................................

23

Next 20,000 per year..........................................

26

Next 20,000 per year..........................................

28

Remaining assessable amount ................................

29

 

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                     Staff assessment rates used in conjunction with gross base salaries (effective 1 January 2017)

 

 

Assessable payments

(United States dollars)

Staff assessment rates used in conjunction with gross base salaries 

(percentage)

 

 

First 50,000 per year..........................................

17

Next 50,000 per year..........................................

24

Next 50,000 per year..........................................

30

Remaining assessable payments...............................

34

 

 

         (ii)    The assessment shall be calculated at the following rates for staff members whose salary rates are established under paragraph 7 of annex I to the present Regulations:

 

                     Staff assessment rates used in conjunction with pensionable remuneration and pensions (effective 1 January 2019)

 

 

Total assessable payments

(United States dollars)

Staff assessment rates used in conjunction with
pensionable remuneration and pensions (percentage)

 

 

First 20,000 per year..........................................

19

Next 20,000 per year..........................................

23

Next 20,000 per year..........................................

26

Next 20,000 per year..........................................

28

Remaining assessable amount.................................

29

 

 

         (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 6 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 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. The amount of such refund shall not include tax credits applied to 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.

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Regulation 3.4

 

         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 a dependent spouse allowance in the amount of 6 per cent of net base salary plus post adjustment, under conditions established by the Secretary-General.

 

Regulation 3.5

 

         Staff members without a spouse whose salary rates are set forth in paragraphs 1 and 3 of annex I to the present Regulations shall be entitled to a single parent allowance in respect of the first dependent child in the amount of 6 per cent of net base salary plus post adjustment, under conditions established by the Secretary-General.

Regulation 3.6

 

         (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 receives a single parent allowance under regulation 3.5;

         (ii)    The staff member shall receive a special allowance for each disabled child. However, if the staff member is entitled to the single parent allowance under regulation 3.5 in respect of a disabled child, the allowance shall be the same as the allowance for a dependent child in subparagraph (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 and regulation 3.5 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 6 or paragraph 7 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.

 

 

 

                     Chapter III

                     Salaries and related allowances

 

 

                     Rule 3.1

                     Salary scales

 

         (a)    The Secretary-General shall publish the salary scales, pensionable remuneration and conditions of salary increments for all categories of staff members.

         (b)    The Secretary-General may establish special conditions of employment applicable to language staff in the Professional category appointed for specific temporary assignments.

         (c)    The transitional measures governing the salary scales and pensionable remuneration are subject to the provisions of staff rule 13.1 (Salary scales).

 

                     Rule 3.2

                     Salary step increments

 

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

         (b)    Salary step increments shall be effective on the first day of the pay period in which the service requirements are completed. No step increment shall be paid in the case of staff members whose services will cease during the month in which the step increment would otherwise have been due.

         (c)    If a staff member with satisfactory service changes level downwards, the period of service since the last step increment shall be credited towards the next step increment within the lower level.

         (d)    If a staff member whose service has not been satisfactory is demoted to a lower level, the staff member’s eligibility for salary step increment in the lower level will be based on satisfactory service at the lower level.

 

                     Rule 3.3

                     Salary policy

 

         (a)    On appointment, or on selection to a different category, staff members shall normally be placed at the first step of the level of their post, unless otherwise decided by the Secretary-General.

         (b)    On selection for a new position at a higher level within the same category, staff members who hold a fixed-term or a continuing appointment shall be placed at the lowest step of the level to which they have been assigned 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, unless otherwise decided by the Secretary-General.

 

                     Rule 3.4

                     Pensionable remuneration

 

         (a)    The definition of pensionable remuneration is set out in article 51 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)    When a staff member from the General Service and related categories is recruited to the Professional category and this results in a reduction of the pensionable remuneration, the level of pensionable remuneration reached prior to the change in category 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 change in category; or

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

whichever is higher.

 

                     Rule 3.5

                     Dependency allowances

 

                     Definitions

 

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

         (i)     A “dependent spouse” is a spouse whose 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. In the case of staff in the Professional and higher categories and in the Field Service category, the entry level amount referenced 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 ages 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 as medically determined by the Secretary-General as being permanent or for a period that is expected to be long-term that prevents substantial gainful employment;

         (iv)   Staff members claiming a child as a dependant must certify that they provide main and continuous support. This certification must be supported by documentary evidence under conditions established by 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 parent or a sibling 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 sibling as those applicable to a staff member’s child in subparagraph (iii) above.

 

                     Amount of dependency allowances

 

         (b)    The dependency allowances, which are applicable to the different categories of staff, shall be payable in accordance with the applicable rates published by the Secretary-General:

         (i)     Dependent spouse allowance: a dependent spouse allowance in the amount of 6 per cent of net base salary plus post adjustment shall be paid to a staff member in the Professional and higher categories and in the Field Service category with a recognized dependent spouse, under conditions established by the Secretary-General;

         (ii)    Single parent allowance: a staff member in the Professional and higher categories and in the Field Service category recognized as a single parent shall receive a single parent allowance in the amount of 6 per cent of net base salary plus post adjustment in respect of the first dependent child, under conditions established by the Secretary-General. A staff member who receives a single parent allowance in respect of the first dependent child shall not be eligible for payment of a child allowance for that child;

         (iii)   Dependent child allowance: eligible staff members shall receive a dependent child allowance for each recognized dependent child, under conditions established by the Secretary-General. Subject to the provisions of staff regulations 3.5 and 3.6 (a), the full amount of the dependency allowance provided under those regulations and under the Staff Rules in respect of a dependent child shall be payable, except where the staff members or their spouse receives a direct governmental grant in respect of the same child. Where such a governmental grant is made, the dependent child allowance or single parent allowance payable under this rule shall be the approximate amount by which the governmental grant is less than the dependent child allowance or single parent allowance set out under the Staff Regulations and Rules. No dependency allowance is payable if the governmental grant is equal to or exceeds the rate set out under the Staff Regulations and Rules;

         (iv)   Secondary dependent allowance: 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.

         (c)    Staff members shall be responsible for reporting to the Secretary-General any change in the status of a dependant that may affect the payment of dependency allowances.

 

                     Rule 3.6

                     Post adjustment

 

         (a)    Post adjustment is an amount paid to staff members serving in the Professional and higher categories and in the Field Service category to ensure equity in purchasing power across duty stations.

         (b)    While the salaries of staff members in the Professional and higher categories and in the Field Service category are normally subject to the post adjustment of their duty station during assignments for one year or more, alternative arrangements may be made by the Secretary-General under the following circumstances:

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

         (ii)    When staff members are assigned for three months or less to a United Nations field mission or for less than six months elsewhere, the Secretary-General shall decide whether to apply the post adjustment applicable to the duty station and to pay entitlements applicable when there is a change of official duty station or, in lieu of the above, to authorize appropriate payments of the daily subsistence allowance.

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                     Rule 3.7

                     Rental subsidy

 

         (a)    Internationally recruited staff members who incur higher-than-average rent costs for reasonable standard accommodations will be paid a supplement to the post adjustment in the form of a rental subsidy under conditions established by the Secretary-General.

         (b)    When staff members are assigned to a new duty station and they continue to receive the post adjustment of the previous duty station under the provisions of staff rule 3.6 (b) (i), they may claim the previous post adjustment and rental subsidy applicable to the previous duty station for up to six months while at least one member of their immediate family (spouse and children) remains at that duty station.

 

                     Rule 3.8

                     Language allowance

 

         (a)    Staff members in the General Service, Security Service or Trades and Crafts category, or in the Field Service category up to and including the FS-5 level, 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 they have demonstrated proficiency in two or more United Nations official languages as follows:

         (i)     Staff members whose mother tongue is one of the official languages of the United Nations 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 their appointment;

         (ii)    Staff members whose mother tongue is not one of the official United Nations languages must successfully pass the prescribed test in any official United Nations language other than the one in which proficiency is required for the purpose of their appointment.

         (b)    Staff members already in receipt of a language allowance under paragraph (a) above shall be entitled to receive a second such pensionable allowance, equal to half of the amount of the first, provided that they have demonstrated proficiency by passing the prescribed test in a third official language.

         (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 3.5 (a) (ii) and 3.5 (a) (iii);

         (ii)    “Child with a disability” means a child who has been medically determined by the Secretary-General as being unable, for reasons of physical or mental disability, to attend a regular educational institution and who requires special teaching or training to prepare the child for full integration into society or, while attending a regular educational institution, who requires special teaching or training to assist the child in overcoming the disability;

         (iii)   “Home country” means the country of home leave of the staff member under staff rule 5.4 (Home leave). 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 members are regarded as international recruits under staff rule 4.5 (Staff in posts subject to international recruitment) and reside and serves at a duty station which is outside their home country; and

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

         (c)    Notwithstanding the eligibility criteria set out in paragraph (b) above, if staff members eligible to receive the education grant are reassigned to a duty station within their home country in the course of a school year, they may receive the education grant for the balance of that school year under conditions established by the Secretary-General.

 

                     Duration

 

         (d)    The duration as regulated under staff regulation 3.2 on the education grant may be extended if the child’s education is interrupted for at least one school year by mandatory national service, illness or other compelling reasons. In such cases, 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 is 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 established by the Secretary-General. If a staff member in receipt of the education grant dies while in service during the school year, the full entitlement for that particular school year shall be granted.

 

                     Travel

 

         (g)    When a staff member is entitled to boarding assistance in respect of a child under paragraph (ii) or (iii) of appendix B to the present Rules, the staff member shall be entitled to travel expenses for the child for one outward and 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, one outward and return journey by the staff member or spouse may be authorized in lieu of travel by the child, under conditions established by the Secretary-General.

 

                     Special education grant for a child with a disability

 

         (h)    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

 

         (i)     Education grant claims 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)    Without prejudice to the principle that selection to a higher-level position under staff rule 4.15 (Senior review bodies and central review bodies) shall be the normal means of recognizing increased responsibilities and demonstrated ability, staff members holding a fixed-term or continuing appointment who assume the full duties and responsibilities of a post at a clearly recognizable higher level than their 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 the staff member’s 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 3.11

                     Mobility incentive

 

         (a)    The purpose of the mobility incentive is to encourage movement of staff members to duty stations classified as A to E in accordance with the classification of duty stations established by the International Civil Service Commission.

         (b)    Staff members in the Professional and higher categories, in the Field Service category, and internationally recruited staff in the General Service category pursuant to staff rule 4.5 (c) may be paid a non-pensionable mobility incentive provided that they:

         (i)     Hold a fixed-term or continuing appointment; and

         (ii)    Are on an assignment of one year or more to a new duty station classified as A to E by the International Civil Service Commission; and

         (iii)   Have served for five consecutive years or more on a fixed-term or continuing appointment in the United Nations common system of salaries and allowances.

         (c)    The mobility incentive shall be discontinued upon five continuous years at the same duty station. In the exceptional case of staff members who remained at the same duty station for more than five years at the explicit request of the Organization or for compelling humanitarian reasons, the mobility incentive shall be payable for one additional year, but in no case for more than a total of six years.

         (d)    The amount of the mobility incentive, if any, and the conditions under which it will be paid, shall be determined after taking into account the number of duty stations at which staff members have previously served for a period of one year or longer and the hardship classification of the new duty station to which staff members are assigned.

 

                     Rule 3.12

                     Hardship allowance

 

         (a)    The purpose of the hardship allowance is to compensate for the hardship experienced by staff members serving in duty stations classified as B to E by the International Civil Service Commission.

         (b)    Staff in the Professional and higher categories and in the Field Service category, and staff in the General Service category considered internationally recruited pursuant to staff rule 4.5 (c) who are appointed or reassigned to a new duty station may be paid a non-pensionable hardship allowance.

         (c)    The amount of this allowance, if any, and the conditions under which it will be paid shall be determined by the Secretary-General taking into account the degree of difficulty of life and work at each duty station in accordance with the classification of duty stations established by the International Civil Service Commission.

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                     Rule 3.13

                     Non-family service allowance

 

         (a)    The non-family service allowance is an incentive for staff members to undertake assignments at non-family locations and recognizes the increased level of financial and psychological hardship incurred by involuntary separation from their families, including additional service-related costs.

         (b)    Staff in the Professional and higher categories and in the Field Service category and staff in the General Service category considered internationally recruited pursuant to staff rule 4.5 (c) who are appointed or reassigned to a non-family duty station may be paid a non-pensionable non-family service allowance.

         (c)    The amount and conditions under which the allowance will be paid shall be determined by the Secretary-General. When a duty station has been designated as non-family, the presence of eligible family members of the staff member shall not be authorized at the duty station, unless exceptionally approved by the Secretary-General. In no event shall the allowance be payable if the Secretary-General has exceptionally approved the presence of eligible family members of the staff member at the duty station.

 

                     Rule 3.14

                     Salary advances

 

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

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

         (ii)    In exceptional and compelling circumstances, and if the request of the staff member is supported by a detailed justification in writing.

         (b)    Salary advances shall be recovered 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 3.15

                     Retroactivity of payments

 

         (a)    The Organization shall make retroactive payments:

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

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

         (b)    Staff members who have not been receiving an allowance, grant or other payment to which they are entitled shall not receive retroactively such allowance, grant or payment unless the staff members have made a written claim within one year following the date on which the staff member would have been entitled to the initial payment, except in the case of the cancellation or modification of the staff rule governing eligibility, in which case the written claim must be made within three months following the date of such cancellation or modification.

 

                     Rule 3.16

                     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.

         (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)    The Organization shall take voluntary action to provide effective relief for unpaid family support obligations pursuant to final court orders by making deductions from salaries and other emoluments in respect of the amounts reflected in such final court orders, under conditions established by the Secretary-General.

         (d)    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 other third parties not involving family support court orders when any deduction for this purpose is authorized by the Secretary-General;

         (iv)   Housing provided by the Organization or another entity, including a government or a non-government source, when the housing is either free of charge or with a rental cost substantially lower than the average rent used in calculating the post adjustment index for the duty station;

         (v)    Contributions to a staff representative body established pursuant to staff regulation 8.1 or any other United Nations entity, provided that staff members have the opportunity to withhold their consent to or at any time to discontinue such deduction, by notice to the Secretary-General;

         (vi)   Facilities and service fees applied for use of United Nations premises or services.

 

                     Rule 3.17

                     Recruitment incentive

 

         An incentive payment for the recruitment of experts in highly specialized fields in instances in which the Organization was unable to attract suitably qualified personnel may be made under conditions to be prescribed by the Secretary-General. The amount of the recruitment incentive shall not exceed 25 per cent of the annual net base salary for each year of the agreed appointment.

 

 

                     Article IV

                     Appointment and promotion

 

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Regulation 4.1

 

         As stated in Article 101 of the Charter, the power of appointment of staff members rests with the Secretary-General. Upon appointment, each staff member, including a staff member on secondment from government service, shall receive a letter of appointment in accordance with the provisions of annex II to the present Regulations and signed by the Secretary-General or by an official in the name of the Secretary-General.

 

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 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.

 

Regulation 4.5

 

         (a)    Appointment of Under-Secretaries-General and of Assistant Secretaries-General shall normally be for a period of up to five years, subject to prolongation or renewal. Other 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;

         (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.

                     Chapter IV

                     Appointment and promotion

 

 

                     Rule 4.1

                     Letter of appointment

 

         The letter of appointment issued to every staff member contains expressly or by reference all the terms and conditions of employment. All contractual entitlements of staff members are strictly limited to those contained expressly or by reference in their letters of appointment.

 

                     Rule 4.2

                     Effective date of appointment

 

         The effective date of appointment shall be the date on which staff members enter into official travel status to assume their duties or, if no travel is involved, the date on which they report for duty.

 

                     Rule 4.3

                     Nationality

 

         (a)    In the application of the Staff Regulations and 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

 

         (a)    All staff in the General Service and related categories, except as stipulated in staff rule 4.5 (c), 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 should be of the nationality of the country where the office concerned is located. National Professional Officers may be temporarily assigned outside of the country of their employment to a United Nations field mission for a period not exceeding three months or to any other duty station for a period not exceeding six months under conditions established by the Secretary-General.

         (c)    A staff member subject to local recruitment under this rule shall not be eligible to receive payment of the allowances or benefits available to internationally recruited staff members 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; relocation shipment; 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)    Staff members who have changed their residential status in such a way that they may, in the opinion of the Secretary-General, be deemed to be a permanent resident of any country other than that of their nationality may lose entitlement to home leave, education grant, repatriation grant and payment of travel expenses upon separation from service for the staff members and their spouse and dependent children and relocation shipment, 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 within the same organization shall not be granted to a person who is the parent, child or sibling of a staff member.

         (b)    Spouses of staff members may be appointed within the same organization provided that the spouses are fully qualified for the post for which they are being considered and that the spouses are not given any preference by virtue of the relationship to the staff members.

         (c)    Staff members who are the spouse, grandparent, grandchild, aunt, uncle, nephew, niece or cousin of another staff member:

         (i)     Shall not be assigned to serve in a post which is superior or subordinate in the line of authority to that staff member;

         (ii)    Shall not participate in the process of reaching or reviewing an administrative decision affecting the status or entitlements of that staff member.

         (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 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 4.8

                     Change of official duty station

 

         (a)    A change of official duty station shall take place when a staff member is assigned from one duty station to another for a period exceeding six months or when a staff member is transferred for an indefinite period.

         (b)    A change of official duty station shall take place when a staff member is assigned from any duty station to a United Nations field mission for a period exceeding three months.

         (c)    Assignment of staff members from their official duty station for a conference or under staff rule 4.4 (b) shall not constitute a change of official duty station within the meaning of the Staff Rules.

 

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                     Rule 4.9

                     Inter-organization movements

 

         (a)    Inter-organization movements are defined in and shall be governed by an inter-organization agreement among the organizations applying the United Nations common system of salaries and allowances.

         (b)    The Secretary-General may allow staff members 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 members under their letter of appointment with the United Nations.

 

                     Rule 4.10

                     Internal candidates and internal vacancies

 

         For the purpose of staff regulation 4.4, the expression “internal candidates” means staff members recruited under staff rules 4.15 (Senior review bodies and central review bodies) and 4.16 (Competitive examinations). Vacancies for which eligibility to apply is restricted to such internal candidates shall be referred to as “internal vacancies”. The conditions under which persons other than internal candidates may apply for vacancies shall be defined by the Secretary-General.

 

                     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 appointment

 

         (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 renewed for up to one additional year 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, under conditions established by the Secretary-General.

         (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).

 

                     Rule 4.14

                     Continuing appointment

 

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

         (b)    Staff members recruited in the Professional category upon successful completion of a competitive examination pursuant to staff rule 4.16 shall be granted a continuing appointment after two years on a fixed-term appointment, subject to satisfactory service.

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

 

                     Rule 4.15

                     Senior review bodies and central review bodies

 

                     Senior review bodies

 

         (a)    Senior review bodies shall be established by the Secretary-General to review and provide advice on recommendations for the selection and managed mobility of senior staff. The Secretary-General shall decide on the membership and shall publish the rules of procedure of the senior review bodies.

 

                     Central review bodies

 

         (b)    Central review bodies shall be established by the Secretary-General to review and provide advice on recommendations for selection of staff regarding positions of a duration of one year or longer in the Professional and higher categories up to the D-1 level, the Field Service category and the General Service and related categories, except for advice on the appointment of candidates having successfully passed a competitive examination, which shall be given by boards of examiners, in accordance with staff rule 4.16 (Competitive examinations).

         (c)    Each central review body shall be composed of staff members holding a fixed-term or continuing appointment, whose rank is not below that of the level of the post to which appointment, selection or promotion is contemplated, as follows:

         (i)     Members selected by the Secretary-General;

         (ii)    Members selected by the appropriate staff representative body;

         (iii)   The Assistant Secretary-General for Human Resources Management, or an authorized representative, as an ex officio non-voting member.

         (d)    Each central review body shall elect its own chair.

         (e)    The rules of procedure of the central review bodies shall be established and published by the Secretary-General.

         (f)     Executive heads of separately administered programmes, funds and subsidiary organs of the United Nations to whom the Secretary-General has delegated the authority to appoint, select and promote staff may establish advisory bodies to advise them in the case of staff members recruited specifically for service with those programmes, funds or subsidiary organs. The composition and functions of such advisory bodies shall be generally similar to those of the central review bodies established by the Secretary-General.

 

                     Rule 4.16

                     Competitive examinations

 

         (a)    Boards of examiners established by the Secretary-General shall ensure the regularity of the competitive examinations administered in accordance with conditions established by the Secretary-General.

         (b)    Boards of examiners shall make recommendations to the Secretary-General in respect of the following:

         (i)     Appointment to P-1 and P-2 posts that are subject to the system of desirable ranges and to posts in the Professional category requiring special language competence at the United Nations Secretariat shall be made exclusively through competitive examination;

         (ii)    Recruitment to the Professional category at the United Nations Secretariat of staff from the General Service and related categories having successfully passed the appropriate competitive examinations shall be made within the limits established by the General Assembly. Such recruitment shall be made exclusively through competitive examination.

         (c)    Staff members appointed to the Professional category after a competitive examination shall be subject to mandatory reassignment, under conditions established by the Secretary-General.

 

                     Rule 4.17

                     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 12 months of separation from service may be reinstated under 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 received on account of separation, including termination indemnity under staff rule 9.8, repatriation grant under staff rule 9.12 and payment for accrued annual leave under staff rule 9.10. 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 (Sick leave) 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)    A former staff member who held a temporary appointment and who is re‑employed under a temporary or fixed-term appointment shall not be reinstated regardless of the duration of separation from service.

         (d)    A former staff member who held a fixed-term or continuing appointment and who is re-employed under a temporary appointment shall not be reinstated regardless of the duration of separation from service.

 

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                     Rule 4.18

                     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 the staff member is reinstated under staff rule 4.17.

         (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 12 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 4.19

                     Medical examination

 

         (a)    Staff members 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 they are free from any ailment likely to impair the health or safety of others.

         (b)    Staff members 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.

 

 

                     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

 

         Eligible staff members shall be granted home leave once in every 24 months. However, the Secretary-General may grant home leave once in every 12 months to eligible staff members in duty stations having the most difficult conditions of life and work under specific conditions, as approved by the General Assembly. 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.

 

 

                     Chapter V

                     Attendance and leave

 

 

                     Rule 5.1

                     Hours of work

 

         (a)    The Secretary-General shall set the normal number of working hours per week for each duty station pursuant to staff regulation 1.3 (b). Exceptions may be made by the Secretary-General as the needs of service may require. A staff member may be required to work beyond the normal number of working hours whenever requested to do so.

 

                     Overtime and compensatory time off

 

         (b)    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 required to work in excess of the normal number of working hours per week shall be given compensatory time off or may receive payment for overtime, under conditions established by the Secretary-General.

         (c)    Should the exigencies of service permit, and under conditions established by the Secretary-General, occasional compensatory time off may be granted to staff members serving in the Professional and higher categories and in the Field Service category at the FS-6 and FS-7 levels who have been required to work substantial or recurrent periods of overtime.

 

                     Night differential

 

         (d)    A staff member who is assigned to regularly scheduled night-time hours of work shall receive a night differential at a rate and under conditions established by the Secretary-General.

         (e)    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 5.2

                     Official holidays

 

         (a)    Pursuant to staff regulation 1.3 (b), the number of official holidays at each duty station shall be 10 days in each calendar year, including those official holidays mandated by the General Assembly, which shall be observed at all duty stations. When an official holiday falls on a non-working day, the preceding or following working day which is closest to the holiday shall be observed as an official holiday.

         (b)    Pursuant to staff regulation 1.3 (b), the official holidays not mandated by the General Assembly shall be determined by the Secretary-General at Headquarters and under conditions established by the Secretary-General at other duty stations, after staff consultation.

 

                     Rule 5.3

                     Annual leave

 

         (a)    A staff member who holds a temporary appointment:

         (i)     Shall accrue 1 1/2 days per month of annual leave while in full pay status;

         (ii)    May accumulate and carry forward up to 18 working days of annual leave by the first day of the next annual leave cycle as established by the Secretary-General.

         (b)    A staff member who holds a fixed-term or a continuing appointment:

         (i)     Shall accrue 2 1/2 days per month of annual leave while in full pay status;

         (ii)    May accumulate and carry forward up to 60 working days of annual leave by the first day of the next annual leave cycle as established by the Secretary-General.

         (c)    (i)     Annual leave may be taken in units of days and half-days;

         (ii)    Leave may be taken only when authorized.

         (d)    All arrangements related 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.

         (e)    If a staff member is absent from work without authorization, payment of salary and allowances shall cease for the period of unauthorized absence. However, depending on the circumstances, including if the absence was caused by reasons beyond the staff member’s control, the Secretary-General may decide to charge the absence to accrued annual leave, or a combination of accrued annual leave and uncertified sick leave where available or special leave without pay.

         (f)     A staff member may, in exceptional circumstances, be granted advance annual leave up to a maximum of 10 working days, provided that the staff member’s service is expected to continue for a sufficient period to accrue the advance leave.

         (g)    No leave shall accrue while a staff member is receiving compensation for injury or illness attributable to service equivalent to salary and allowances as provided in appendix D to the present Rules.

 

                     Rule 5.4

                     Home leave

 

         (a)    Eligible internationally recruited staff members, as defined under staff rule 4.5, shall be entitled to periodic travel to their home country at United Nations expense for the purpose of spending in that country a reasonable period of annual leave, under conditions established by the Secretary-General, as follows:

         (i)     Staff members who hold fixed-term or continuing appointments shall accrue qualifying service towards home leave entitlement for themselves and their eligible family members;

         (ii)    Staff members who hold temporary appointments and who are serving at duty stations classified as D or E by the International Civil Service Commission that do not fall under the rest and recuperation framework shall accrue qualifying service towards home leave entitlement for themselves only.

         (b)    Staff members who reside in their home country while in service with the United Nations or whose duty station is in their home country shall not be eligible for home leave.

         (c)    Leave taken for this purpose will be charged against the staff member’s accrued annual leave.

         (d)    Staff members shall be eligible for home leave provided that the following conditions are fulfilled:

         (i)     While performing their official duties:

                   a.      They continue to reside in a country other than that of their recognized nationality; or

                   b.      In the case of staff members who are native of a non-metropolitan territory of the country of the duty station and who maintained their normal residence in such non-metropolitan territory prior to appointment, they continue to reside, while performing their official duties, outside such territory;

         (ii)    Their service is expected by the Secretary-General to continue:

                   a.      At least six months beyond the date of their 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 24 months of qualifying service;

         (iii)   In the case of home leave following the return from a family visit travel under staff rule 7.2 (a) (vi), normally not less than nine months of continuous service have elapsed since the return from the family visit travel.

         (e)    Staff members whose eligibility under paragraph (d) 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.

         (f)     The home country shall be the country of the staff member’s recognized nationality.

         (g)    The place of home leave of staff members within their home country shall be, for purposes of travel and transportation entitlements, the place with which the staff members have the closest residential ties during the period of their most recent residence in the home country. In exceptional circumstances, a change in the place of home leave may be authorized, under conditions established by the Secretary-General.

         (h)    Staff members who have served with another public international organization immediately preceding their appointment shall have the place of home leave determined as though their entire previous service with the other international organization had been with the United Nations.

         (i)     The Secretary-General may authorize in exceptional and compelling circumstances:

         (i)     A country other than the country of nationality as the home country;

         (ii)    A one-time permanent change of home country if it is consistent with the intent and purpose of home leave.

         (j)     The Secretary-General may also authorize travel to a country other than the home country. In such a case, the travel expenses borne by the United Nations shall not exceed the cost of travel to the home country.

         (k)    (i)     A staff member’s home leave shall fall due upon completion of 24 months of qualifying service;

         (ii)    After falling due, home leave may be taken within 12 months, subject to the exigencies of service.

         (l)     Staff members may be granted advance home leave, provided that normally not less than 12 months of qualifying service have been completed or that normally not less than 12 months of qualifying service have elapsed since the date of return from their last home leave. The granting of advance home leave shall not advance the eligibility for, or the due date of, the next home leave. 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.

         (m)   If a staff member delays taking home leave beyond the 12-month period after which it falls due, such delayed leave may be taken without altering the time of the next and succeeding home leave entitlements, provided that normally not less than 12 months of qualifying service elapse between the date of the staff member’s return from the delayed home leave and the date of the next home leave departure.

         (n)    The Secretary-General may require staff members to take their home leave in conjunction with travel on official business or change of official duty station. Due regard will be paid to the interests of the staff members and their families.

         (o)    Subject to the conditions specified in chapter VII (Travel and relocation expenses) of the present Rules, staff members shall be entitled to claim, in respect of authorized travel on home leave, expenses for themselves and eligible family members for the outward and return journeys between the official duty station and the place of home leave. Staff members may also claim travel time in respect of authorized travel on home leave.

         (p)    When both spouses are staff members eligible for home leave, and taking into account staff rule 4.7 (Family relationships), each staff member shall have the choice of either exercising the home leave entitlement or of accompanying the spouse. Staff members who choose to accompany their spouse shall be granted travel time appropriate to the travel involved.

         (q)    Dependent children whose parents are both staff members entitled to home leave may accompany either parent regardless of which parent is entitled to the dependency benefits.

         (r)     In the situations described in paragraphs (p) and (q) above, 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.

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

         (t)     Under terms and conditions established by the Secretary-General, eligible staff members serving in duty stations classified as D or E by the International Civil Service Commission that do not fall under the rest and recuperation framework shall be granted home leave once in every 12 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 the 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 12 months of qualifying service;

         (ii)    In the case of home leave following the staff member’s return from family visit travel under staff rule 7.2 (a) (vi), normally a period of not less than three months of continuous service has elapsed since the staff member’s return from family visit travel.

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                     Rule 5.5

                     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. Special leave may also be granted under conditions established under appendix C to the present Rules (Arrangements relating to military service);

         (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 place a staff member on special leave with full or partial pay or without pay if such leave is considered to be in the interest of the Organization;

         (iv)   Subject to conditions established by the Secretary-General, family leave without pay may be granted as follows:

                   a.      Staff members who are the parent of a newborn or adopted child may be granted special leave without pay for up to two years 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;

                   b.      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.

         (b)    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 staff members who are requested by their Government to render temporary services involving functions of a technical nature.

         (c)    The Secretary-General may authorize special leave without pay for pension purposes to protect the pension benefits of staff who are within 2 years of reaching the applicable qualifying age for an early retirement benefit under article 29 of the Regulations of the United Nations Joint Staff Pension Fund and 25 years of contributory service, or who are over that age and within 2 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)    Continuity of service shall not be considered broken by periods of special leave with or without pay.

         (f)    However, 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. Periods of special leave with partial pay or without pay exceeding one month shall not be counted towards accrued years of service for eligibility requirements for a continuing appointment.

                     Article VI

                     Social security

 

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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, maternity and paternity 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.

 

 

                     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 30 calendar days shall become participants in the United Nations Joint Staff Pension Fund, provided that participation is not expressly excluded by their letters of appointment.

 

                     Rule 6.2

                     Sick leave

 

         (a)    Staff members who are unable to perform their duties for reasons of health, including illness or injury, or whose attendance at work is prevented by public health requirements may be granted certified or uncertified sick leave.

         (b)    Under conditions established by the Secretary-General, sick leave shall be granted as:

         (i)     Certified sick leave upon approval by the Secretary-General of a medical certificate or medical report or when, in accordance with staff rule 6.2 (i), the staff member is required by the United Nations Medical Director not to attend the workplace;

         (ii)    Uncertified sick leave:

                   a.      If staff members do not provide a medical certificate or medical report, or if the medical certificate or medical report is not approved; or

                   b.      If staff members are unable to perform their duties by reason of a personal or family emergency.

 

                     Maximum entitlement

 

         (c)    The maximum overall entitlement to certified and uncertified sick leave shall be determined in accordance with the following provisions:

         (i)     Staff members who hold a temporary appointment shall be granted sick leave on full salary at the rate of two working days per month;

         (ii)    Staff members who hold a fixed-term appointment and who have completed less than three years of continuous service shall be granted sick leave of up to 65 working days on full salary and 65 working days on half salary in any period of 12 consecutive months;

         (iii)   Staff members who hold a continuing appointment, or who hold a fixed-term appointment for three years or who have completed three years or more of continuous service shall be granted sick leave of up to 195 working days on full salary and 195 working days on half salary in any period of four consecutive years.

         (d)    Within the limits set out in staff rule 6.2 (c), staff members may be granted uncertified sick leave for up to seven working days in the annual leave cycle as established by the Secretary-General. Used uncertified sick leave days, including for personal or family emergency, shall be deducted from the staff member’s maximum overall entitlement specified in staff rule 6.2 (c).

 

                     Certified sick leave

 

         (e)    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 5.3 (e).

 

                     Sick leave during annual leave

 

         (f)     When sickness 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

 

         (g)    Staff members shall inform their supervisors as soon as possible of absences for reasons of health, including illness or injury, under conditions established by the Secretary-General. They shall promptly submit any medical certificate or medical report required under conditions established by the Secretary-General.

         (h)    Staff members may be required at any time to submit a medical report as to their 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 the staff member’s 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.

         (i)     Staff members shall immediately notify a United Nations medical officer of any case of contagious disease occurring in their household or of any quarantine order affecting their household. Staff members may be required by the United Nations Medical Director not to attend the office and requested to seek treatment from a duly qualified medical practitioner. If so, the staff member shall receive full salary and other emoluments for the period of authorized absence, as applicable. The staff member shall comply promptly with any direction or request under this rule.

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

 

                     Rule 6.3

                     Parental leave

 

         (a)    Under conditions established by the Secretary-General, staff members shall be granted:

         (i)     Sixteen weeks of parental leave with full pay in the case of the birth or adoption of a child;

         (ii)    An additional period of 10 weeks of prenatal and postnatal leave with full pay for the parent who gives birth, bringing the total duration of their parental leave to 26 weeks;

         (b)    Staff members may avail of the 16 weeks of parental leave mentioned in paragraph (a) (i) above any time within a year following the date of their child’s birth or adoption, provided that it is completed during that year.

         (c)    Parental leave in the case of the birth or adoption of a child under paragraph (a) (i) above may not be granted more than once in any 12-month period to be counted from the date of birth or adoption of the child. This paragraph (c) shall not apply to a parent who gives birth.

         (d)    Sick leave shall not normally be granted for maternity cases during the prenatal and postnatal leave mentioned in paragraph (a) (ii) above, except where serious complications arise.

         (e)    Annual leave shall accrue during periods of parental 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.

 

                     Rule 6.6

                     Medical insurance

 

         Staff members may be required to participate in a United Nations medical insurance scheme under conditions established by the Secretary-General.

 

                     Rule 6.7

                     Review of medical determination

 

         (a)    Where a staff member disputes a medical determination, the matter shall be referred, at the staff member’s request, to an independent medical practitioner acceptable to both the United Nations Medical Director and the staff member or to a medical board, under conditions established by the Secretary-General.

         (b)    The cost of an independent medical practitioner or a medical board mentioned in paragraph (a) above shall be borne by the United Nations or by the staff member, or by both, under conditions established by the Secretary-General.

 

 

 

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                     Article VII

                     Travel and relocation 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 relocation shipment for staff members.

 

 

 

 

                     Chapter VII

                     Travel and relocation expenses

 

 

                     Rule 7.1

                     Authorization to travel

 

         Before travel is undertaken, it shall be authorized in writing. Staff members shall be responsible for ascertaining that they have the proper authorization before commencing travel.

 

                     Rule 7.2

                     Official travel of staff members and their eligible family members

 

         (a)    The United Nations shall pay the travel expenses in respect of official travel for the following individuals, under conditions established by the Secretary-General:

         (i)     On initial appointment:

                   a.      Staff members internationally recruited pursuant to staff rule 4.5 (Staff in posts subject to international recruitment); and

                   b.      Their eligible family members, provided that the staff members hold a fixed-term or continuing appointment and are not assigned to a non-family duty station, and their services are expected to continue for more than six months beyond the date on which the travel of the eligible family members commences;

         (ii)    Staff members on official business travel;

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

                   a.      Staff members internationally recruited pursuant to staff rule 4.5 (Staff in posts subject to international recruitment); and

                   b.      Their eligible family members, provided that the staff members hold a fixed-term or continuing appointment and are not assigned to a non-family duty station, and their services at the new duty station are expected to continue for more than six months beyond the date on which the travel of the eligible family members commences;

         (iv)   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:

                   a.      Staff members; and

                   b.      Their eligible family members;

         (v)    On home leave, in accordance with the provisions of staff rule 5.4 (Home leave):

                   a.      Staff members internationally recruited pursuant to staff rule 4.5 (Staff in posts subject to international recruitment); and

                   b.      Their eligible family members;

         (vi)   On family visit:

                   a.      Staff members internationally recruited pursuant to staff rule 4.5 who hold a fixed-term or continuing appointment; or

                   b.      The spouse of such staff members, for travel to the duty station provided that it is not designated as non-family, in lieu of the staff member’s family visit travel;

         (vii)  On education grant travel for a staff member’s dependent child in accordance with staff regulation 3.2 (a);

         (viii) On separation from service, as defined by article IX of the Staff Regulations and chapter IX of the Staff Rules, except in cases defined in paragraph (d) below, of:

                   a.      Staff members internationally recruited pursuant to staff rule 4.5; and

                   b.      Their eligible family members, provided that the staff members hold a fixed-term or continuing appointment, were not assigned to a non-family duty station and had completed at least one year of continuous service.

         (b)    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 3.5 (a) (iii).

         (c)    On separation from service, the United Nations shall pay the travel expenses of staff members and their eligible family members to the place of recruitment or, if the staff member holds a fixed-term or continuing appointment, to the recognized place of home leave under staff rule 5.4 (Home leave). 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 and eligible family members, if appropriate, to the place of recruitment or home leave, as applicable.

         (d)    The United Nations shall not pay the travel expenses on separation from service of staff members and their eligible family members in the following circumstances, unless the Secretary-General determines that there are compelling reasons for authorizing such payment:

         (i)     Abandonment of post;

         (ii)    Resignation of staff members holding a fixed-term or continuing appointment when they resign:

                   a.      Before completing one year of service; or

                   b.      Within six months following the date of their return from travel on home leave or family visit, except in the case of such staff members who are assigned to duty stations classified as D or E by the International Civil Service Commission that do not fall under the rest and recuperation framework, for whom the period shall be within three months of the date of their return;

         (iii)   Resignation of staff members holding a temporary appointment who resign before completing the full term of their appointment;

         (iv)   Where the return travel has not commenced within two years of the date of separation of the staff member or, if both spouses are staff members, within two years of the date of separation of the staff member’s spouse, whichever is later.

         (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 the staff member’s home country, beyond the age at which the dependency status of the child would otherwise cease under staff rule 3.5 (a) (iii), 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)     The Secretary-General may also authorize payment of travel expenses for the repatriation of a former spouse of a staff member from the duty station of the staff member to the place of recruitment or to the recognized place of home leave, provided that the staff member is holding a fixed-term or continuing appointment and that the former spouse’s travel expenses to the duty station had been paid by the United Nations.

         (g)    The Secretary-General may reject any claim for payment or reimbursement of travel or relocation shipment expenses which are incurred by a staff member or their eligible family members in contravention of any provision of the Staff Rules.

 

                     Rule 7.3

                     Dates, mode, route and standard of travel

 

         (a)    Official travel shall, in all instances, be on the dates and by the mode, route and standard of travel approved in advance by the Secretary-General in accordance with staff rule 7.1 (Authorization to travel).

 

                     Official dates of travel

 

         (b)    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.

 

                     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.     

 

                     Route of travel

 

         (d)    The normal route for all official travel shall be the most economical route available, provided that the total additional travel time required for the whole journey does not exceed by four hours or more the total travel time using the most direct route available. An alternative route may be approved when the Secretary-General determines that it is in the best interest of the Organization.

 

                     Standard of accommodation of travel

 

         (e)    For all official travel by air, staff members up to and including those at the D-2 level and their eligible family members shall be provided with economy class transportation in accordance with the most economical route available. Under conditions established by the Secretary-General, such staff members and their eligible family members may be granted a standard of travel immediately below first class.

         (f)     For all official travel by air, the Deputy Secretary-General, the Under-Secretaries-General and the Assistant Secretaries-General and their eligible family members shall be provided with a standard of travel immediately below first class, unless economy class transportation is otherwise provided for under conditions established by the Secretary-General.

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

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

         (i)     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.

         (j)     For all official water travel approved under paragraph (c) above, staff members and their eligible family members shall be granted a standard of travel under conditions established by the Secretary-General.

 

                     Deviation for personal convenience

 

         (k)    (i)     Travel expenses and other entitlements, including travel time, shall be limited to the amount authorized for a journey on the approved dates and by the approved mode, route and standard of travel. Staff members who wish, for personal convenience, to make travel arrangements that vary from the approved dates, mode, 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 amount authorized by the United Nations;

         (ii)    In the case of a deviation for personal convenience, annual leave shall be deducted for absence on working days at the official duty station of the staff member falling outside of the official business travel period. Time spent travelling according to the approved itinerary shall be counted as travel time and not as annual leave;

         (iii)   If a staff member or eligible family member making a deviation for personal convenience travels using a more economical itinerary than the one approved, the United Nations shall pay only for the actual cost incurred;

         (iv)   A choice by the staff member of a more economical itinerary within the official travel dates shall not be considered a deviation for personal convenience.

 

                     Rule 7.4

                     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 7.5

                     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, unless staff members are authorized to purchase their own tickets under conditions established by the Secretary-General.

 

                     Rule 7.6

                     Terminal expenses

 

         (a)    For all official travel, staff members and their eligible family members, where applicable, are 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 related incidental charges between the airport or other point of arrival or departure and the hotel or other place of dwelling.

         (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 7.7

                     Daily subsistence allowance

 

         (a)    Staff members authorized to travel at United Nations expense shall receive an appropriate daily subsistence allowance to cover accommodation, meals and incidental expenditures in accordance with rates established by the International Civil Service Commission. 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 accommodation, meals and incidental expenditures.

         (c)    The Secretary-General may, in exceptional and compelling circumstances, authorize a reasonable increase in the daily subsistence allowance to be paid to staff members who are required to accompany a senior official and whose official duties while in travel status require that their 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 deemed 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 established standard 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 7.2 (Official travel of staff members and their eligible family members) an appropriate amount of daily subsistence allowance may be paid at the discretion of the Secretary-General.

 

                     Rule 7.8

                     Miscellaneous travel expenses

 

         Necessary additional expenses incurred by a staff member in connection with official business 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 30 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:

         (a)    Local transportation other than that provided for under staff rule 7.6 (Terminal expenses);

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

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

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

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                     Rule 7.9

                     Travel advances

 

         Staff members authorized to travel shall be responsible for securing advance funds sufficient to cover all travel expenses. An advance of 100 per cent of the terminal expenses and daily subsistence allowance payable under staff rules 7.6 (Terminal expenses) and 7.7 (Daily subsistence allowance) may be made on the basis of an estimate and certification.

 

                     Rule 7.10

                     Illness or injury 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 on official business travel status.

 

                     Rule 7.11

                     Settling-in grant

 

                     Definition and computation of the grant

 

         (a)    The settling-in 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 settling-in 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 in respect of staff members; 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 (a) (i) and (iii);

         (ii)    The lump-sum portion, which is calculated on the basis of one month of the staff member’s net base salary and, where appropriate, post adjustment at the duty station of assignment.

         (c)    (i)     The Secretary-General may establish and publish special rates of daily subsistence allowance for the purposes of the settling-in 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 7.7 (Daily subsistence allowance) shall be used in computing the settling-in grant;

         (ii)    Under conditions established by the Secretary-General, the limit of 30 days provided in paragraph (b) above may be extended to a maximum of 90 days. The amount of the grant during the extended period shall be up to 60 per cent of the appropriate prevailing rate.

 

                     Eligibility

 

         (d)    Staff members holding a temporary appointment who travel at United Nations expense pursuant to staff rule 7.2 (a) (i) shall be paid only the daily subsistence allowance portion of the settling-in grant, for themselves only, as specified in subparagraph (b) (i) above, and shall not be entitled to the lump-sum portion of the grant.

         (e)    Staff members holding a fixed-term or continuing appointment who travel at United Nations expense to a duty station for an assignment expected to be for one year or more shall be paid a settling-in 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 settling-in 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 7.12

                     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 at the expense of the United Nations shall be entitled to reimbursement of the cost of accompanied excess baggage for themselves and, for staff members holding fixed-term or continuing appointments, for each of their eligible family members under conditions established by the Secretary-General.

 

                     General provisions on unaccompanied shipments

 

         (c)    “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 for transportation by the most economical means, as determined by the Secretary-General, between the official places of departure and destination of the staff member or eligible family members. A lump-sum amount may be paid in lieu of the unaccompanied shipment under conditions established by the Secretary-General.

         (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 7.14 (a).

 

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

 

         (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.

 

                     Additional shipment entitlements for staff serving at duty stations classified as D or E that do not fall under the rest and recuperation framework

 

         (j)     Internationally recruited staff members serving in duty stations classified as D or E by the International Civil Service Commission that do not fall under the rest and recuperation framework shall be granted, under conditions established by the Secretary-General, the following additional 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 United Nations 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

 

         (k)    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 7.13

                     Relocation shipment

 

                     Eligibility

 

         (a)    An entitlement to relocation shipment for full removal of personal effects and household goods 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.

         (b)    Relocation shipment shall be by the most economical means at rates and under conditions established by the Secretary-General.

 

                     Maximum entitlements

 

         (c)    (i)     Payment by the United Nations of relocation shipment shall be on the basis of maximum entitlements 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.

         (d)    Relocation shipment 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 5.4 (Home leave) 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 7.2 (Official travel of staff members and their eligible family members);

         (iii)   Relocation shipment from or to a place other than those specified may be authorized under conditions established by the Secretary-General.

         (e)    No entitlement to relocation shipment shall arise in the following circumstances:

         (i)     For removal of a staff member’s personal effects and household goods within the same duty station;

         (ii)    With respect to service of a staff member at a non-family duty station.

 

                     Storage of personal effects and household goods

 

         (f)     When staff members entitled to relocation shipment are assigned to a new duty station without an entitlement to relocation shipment or from a duty station to which they had an entitlement to relocation shipment 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.

 

                     Lump sum in lieu of relocation shipment

 

         (g)    A lump-sum amount may be paid in lieu of the relocation shipment under conditions established by the Secretary-General.

 

                     Adjustments to entitlements

 

         (h)    Where both spouses are staff members and each is entitled to relocation shipment or unaccompanied shipment under the present rule and taking into account staff rule 4.7 (d), the maximum entitlement to relocation shipment for both spouses shall be that provided for a staff member with a spouse or dependent child residing at the official duty station.

         (i)     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 relocation shipment or a lump sum in lieu of relocation shipment, these costs may be adjusted proportionately, and recovery made under conditions established by the Secretary-General.

 

                     Rule 7.14

                     Loss of entitlement to unaccompanied shipment or relocation shipment

 

         (a)    Entitlement to relocation shipment under staff rule 7.13 (a) shall normally cease if the relocation shipment has not commenced within two years of the date on which the staff member became entitled to relocation shipment. In addition, the staff member’s service must be expected to continue for more than six months beyond the proposed date of arrival of the personal effects and household goods.

         (b)    A staff member who resigns before completing two years of service shall not normally be entitled to payment of relocation shipment under staff rule 7.13 (Relocation shipment).

         (c)    On separation from service, entitlement to unaccompanied shipment expenses under staff rule 7.12 (h) and (i) or relocation shipment under staff rule 7.13 shall cease if the shipment 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 relocation shipment, eligibility for the entitlement shall not cease until two years after the date of separation of the other spouse.

                     Rule 7.15

                     Transportation of decedents

 

         In the event of the death of a staff member or a staff member’s 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 7.2 (Official travel of staff members and their eligible family members) under conditions established by the Secretary-General.

 

                     Rule 7.16

                     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 (Compensation for loss or damage to personal effects attributable to service), 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 7.12 (Excess baggage and unaccompanied shipments), except for those relating to home leave, family visit or education grant travel, and of the shipment and storage of personal effects and household goods under staff rule 7.13 (Relocation shipment), insurance coverage will be provided by the United Nations up to a maximum amount established by the Secretary-General. However, the United Nations shall not be responsible for the loss of or damage to unaccompanied shipments.

 

 

                     Article VIII

                     Staff relations

 

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Regulation 8.1

 

         (a)    The Secretary-General shall establish and maintain continuous contact and communication with the staff in order to ensure the effective participation of the staff in identifying, examining and resolving issues relating to staff welfare, including conditions of work, general conditions of life and other human resources policies;

         (b)    Staff representative bodies shall be established and shall be entitled to initiate proposals to the Secretary-General for the purpose set forth in paragraph (a) above. They shall be organized in such a way as to afford equitable representation to all staff members, by means of elections that shall take place at least biennially under electoral regulations drawn up by the respective staff representative body and agreed to by the Secretary-General.

 

Regulation 8.2

 

         The Secretary-General shall establish joint staff-management machinery at both local and Secretariat-wide levels to advise him or her regarding human resources policies and general questions of staff welfare as provided in regulation 8.1.

 

 

                     Chapter VIII

                     Staff relations

 

 

                     Rule 8.1

                     Staff representative bodies and staff representatives

 

                     Definitions

 

         (a)    The term “staff representative bodies”, as used in the present chapter of the Staff Rules, shall be deemed to include staff associations, unions or other corresponding staff representative bodies established in accordance with staff regulation 8.1 (b).

         (b)    Staff representative bodies may be established for a duty station or for a group of duty stations. Staff members serving in duty stations where no staff representative body exists may seek representation through a staff representative body at another duty station.

         (c)    Each member of the staff may participate in elections to a staff representative body, and all staff serving at a duty station where a staff representative body exists shall be eligible for election to it, subject to any exceptions as may be provided in the statutes or electoral regulations drawn up by the staff representative body concerned and meeting the requirements of staff regulation 8.1 (b).

         (d)    Polling officers selected by the staff shall conduct the election of the members of each staff representative body, on the basis of the electoral regulations of the staff representative body concerned, in such a way as to ensure the complete secrecy and fairness of the vote. The polling officers shall also conduct other elections of staff members as required by the Staff Regulations and Rules.

         (e)    No staff member shall threaten, retaliate against or attempt to retaliate against any staff representatives exercising their functions under the present chapter.

         (f)     The staff representative bodies shall be entitled to effective participation, through their duly elected executive committees, in identifying, examining and resolving issues relating to staff welfare, including conditions of work, general conditions of life and other human resources policies, and shall be entitled to make proposals to the Secretary-General on behalf of the staff.

         (g)    In accordance with the principle of freedom of association, staff members may form and join associations, unions or other groupings. However, formal contact and communication on the matters referred to in paragraph (f) above shall be conducted at each duty station through the executive committee of the staff representative body, which shall be the sole and exclusive representative body for such purpose.

         (h)    General administrative instructions or directives on questions within the scope of paragraph (f) above shall be transmitted in advance, unless emergency situations make it impracticable, to the executive committees of the staff representative bodies concerned for consideration and comment before being placed in effect.

 

                     Rule 8.2

                     Joint staff-management machinery

 

         (a)    The joint staff-management machinery provided for in staff regulation 8.2 shall consist of:

         (i)     Joint advisory committees or corresponding staff-management bodies, at designated duty stations, normally composed of not fewer than three and not more than seven staff representatives and an equal number of representatives of the Secretary-General;

         (ii)    A Secretariat-wide joint staff-management body composed of equal numbers of representatives of the staff and representatives of the Secretary-General.

         (b)    The President of the joint staff-management bodies referred to in paragraph (a) above shall be selected by the Secretary-General from a list proposed by the staff representatives.

         (c)    Instructions or directives embodying recommendations made by the bodies referred to in paragraph (a) above shall be regarded as having satisfied the requirements of staff rule 8.1 (f) and (h).

         (d)    The joint staff-management bodies referred to in paragraph (a) above shall establish their own rules and procedures.

         (e)    The Secretary-General shall designate secretaries of the joint staff-management bodies referred to in paragraph (a) above and shall arrange for such services as may be necessary for their proper functioning.

 

 

                     Article IX

                     Separation from service

 

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Regulation 9.1

 

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

 

Regulation 9.2

 

         Staff members shall not be retained in active service beyond the age of 65 years. The Secretary-General may, in the interest of the Organization, retain staff members in service beyond this age limit in exceptional cases.

 

Regulation 9.3

 

         (a)    The Secretary-General may, giving the reasons therefor, 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 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 to the present Regulations.

 

 

                     Chapter IX

                     Separation from service

 

 

                     Rule 9.1

                     Definition of separation

 

         Any of the following shall constitute separation from service:

         (a)    Resignation;

         (b)    Abandonment of post;

         (c)    Expiration of appointment;

         (d)    Retirement;

         (e)    Termination of appointment;

         (f)     Death.

 

                     Rule 9.2

                     Resignation

 

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

         (b)    Unless otherwise specified in their letters of appointment, staff members shall give written notice of resignation according to their type of appointment, as provided in the table below.

 

Type of appointment

Notice period for resignation

 

 

Continuing

Three months

Fixed-term

30 calendar days

Temporary

15 calendar days

 

 

The Secretary-General may accept resignations on shorter notice.

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

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                     Rule 9.3

                     Abandonment of post

 

         Abandonment of post is a separation initiated by the staff member other than by way of resignation.

 

                     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

 

         (a)    Staff members may separate from service on retirement on or after reaching their normal retirement age, as provided in the table below, but no later than 65 years of age, which is the mandatory age of separation.

Pension fund participation start or restart date

Normal retirement age under article 1 (n) of the
Regulations of the United Nations Joint Staff Pension Fund

 

 

On or after 1 January 2014

65 years

1 January 1990 to 31 December 2013

62 years

On or prior to 31 December 1989

60 years

 

 

         (b)    Staff members who separate from service on or after reaching the normal retirement age may be eligible for retirement benefits as provided for under article 28 of the Regulations of the United Nations Joint Staff Pension Fund.

 

                     Rule 9.6

                     Termination

 

                     Definitions

 

         (a)    A termination within the meaning of the Staff Regulations and Rules is a separation from service initiated by the Secretary-General in accordance with the terms of the appointment or on the grounds set out in staff regulation 9.3 (a) or (b).

         (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.

 

                     Termination for abolition of posts and reduction of staff

 

         (c)    Except as otherwise expressly provided in paragraph (d) below and staff rule 13.2 (Permanent appointment), 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.

         (d)    The provisions of paragraph (c) 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.

         (e)    Staff members specifically recruited for service with the United Nations Secretariat or with any programme, fund or subsidiary organ of the United Nations that enjoys a special status in matters of appointment under a resolution of the General Assembly or as a result of an agreement entered by the Secretary-General have no entitlement under this rule for consideration for posts outside the organ for which they were recruited.

 

                     Termination for unsatisfactory service

 

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

 

                     Termination for health reasons

 

         (g)    The appointment of a staff member who has not attained the normal age of retirement as defined under article 1 (n) of the Regulations of the United Nations Joint Staff Pension Fund but whose physical or mental condition or extended illness has rendered the staff member incapacitated for further service may be terminated after exhaustion of any sick leave entitlement.

 

                     Termination for disciplinary reasons

 

         (h)    The Secretary-General may terminate the appointment of a staff member for disciplinary reasons in accordance with staff rule 10.2 (a) (viii) and (ix).

 

                     Rule 9.7

                     Notice of termination

 

         (a)    A staff member whose appointment is to be terminated shall be given written notice in accordance with the notice period set forth in the table below.

 

Type of appointment

Notice period for termination

 

 

Continuing

At least three months

Fixed-term

At least 30 calendar days

Temporary

At least 15 calendar days

 

 

Notwithstanding the notice periods set forth in the table above, in the case of a staff member holding a fixed-term or temporary appointment, the applicable notice period shall be the notice period stipulated in the staff member’s letter of appointment.

         (b)    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.

         (c)    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 as shown in the table below.

 

Staff category

Calculation of termination indemnity

 

 

Professional and higher categories

Gross salary less staff assessment

Field Service category

Gross salary less staff assessment plus language allowance, if any

General Service and related categories

Gross salary less staff assessment plus language allowance, if any

 

         (b)    Length of service shall be deemed to comprise the total period of a staff member’s full-time continuous service. 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 has reached the mandatory age of separation of 65 years and will receive a retirement benefit under article 28 of the Regulations of the United Nations Joint Staff Pension Fund. Termination indemnity shall not be paid to any staff member who, upon separation from service, will receive compensation for total disability under staff rule 6.4 (Compensation for death, injury or illness attributable to service). 

 

                     Special leave for pension purposes upon termination

 

         (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, the Secretary-General may place the staff member on special leave without pay for pension purposes pursuant to staff rule 5.5 (c) under conditions to be established by the Secretary-General, if the staff member is:

         (i)     Within 2 years of reaching the applicable qualifying age for an early retirement benefit under article 29 of the Regulations of the United Nations Joint Staff Pension Fund and 25 years of contributory service in the United Nations Joint Staff Pension Fund; or

         (ii)    Over the applicable qualifying age for an early retirement benefit under article 29 of the Regulations of the United Nations Joint Staff Pension Fund and within 2 years of 25 years of contributory service in the United Nations Joint Staff Pension Fund.

         (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)     Staff members who have been placed on special leave as described in paragraph (d) above shall sign an undertaking acknowledging that their status on special leave is solely for pension purposes and that their entitlements and those in respect of any dependants to all other emoluments and benefits under the Staff Regulations and Rules are determined as final as at the date of commencement of such special leave.

 

                     Rule 9.9

                     Grant upon death

 

         (a)    A grant shall be payable upon the death of a staff member to the surviving spouse and dependent children (if any), provided that the staff member, at the time of death, held an appointment of one year or longer or had completed at least one year of service. The grant shall be payable under conditions established by the Secretary-General and in accordance with the schedule shown in the table below.

Completed years of service (as defined in staff rule 9.8 (b))

Months of salary

 

 

3 or less

3

4

4

5

5

6

6

7

7

8

8

9 or more

9

 

 

         (b)    The grant shall be calculated as shown in the table below.

 

Staff category

Calculation of the grant

 

 

Professional and higher categories

Gross salary less staff assessment

Field Service category

Gross salary less staff assessment plus language allowance, if any

General Service and related categories

Gross salary less staff assessment plus language allowance, if any

 

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                     Rule 9.10

                     Commutation of accrued annual leave

 

         (a)    If, upon separation from service staff members have accrued annual leave, they shall be paid a sum of money in commutation of the period of such accrued leave up to a maximum of 18 working days for staff holding a temporary appointment and up to a maximum of 60 working days for staff holding a fixed-term or continuing appointment, in accordance with staff rules 4.17 (Reinstatement), 4.18 (Re‑employment) and 5.3 (Annual leave). The payment shall be calculated as shown in the table below.

 

Staff category

Calculation of the accrued annual leave

 

 

Professional and higher categories

Gross salary less staff assessment plus post adjustment

Field Service category

Gross salary less staff assessment plus post adjustment and language allowance, if any

General Service and related categories

Gross salary less staff assessment plus language allowance, if any

 

 

         (b)    No payment in commutation of the period of accrued annual leave shall be made to a staff member who is dismissed under staff rule 10.2 (a) (ix) for sexual exploitation or sexual abuse in violation of staff rule 1.2 (e) (Specific instances of prohibited conduct).

 

                     Rule 9.11

                     Restitution of advance annual and sick leave

 

         On separation, a staff member who has taken advance annual or sick leave beyond that which the staff member has subsequently accrued shall make restitution for such advance leave by means of a refund or an offset against any payment due to the staff member, 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 doing so.

 

                     Rule 9.12

                     Repatriation grant

 

                     Purpose

 

         (a)    The purpose of the repatriation grant provided by staff regulation 9.4 is to assist in the re-establishment of expatriate staff members in 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 3.5 (a) (iii) 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 5.4 (Home leave) or such other country as the Secretary-General may determine;

         (iv)   “Obligation to repatriate” shall mean the obligation to return a staff member and eligible family members, upon separation, at the expense of the United Nations, to a place outside the country of the last duty station at the time of separation;

         (v)    “Qualifying service” shall mean five years or more of continuous service on a fixed-term or continuing appointment 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, amount and computation of the grant

 

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

         (i)     The Organization had the obligation to repatriate the staff members upon separation from service after qualifying service as defined in staff rule 9.12 (b) (v);

         (ii)    The staff members resided outside their home country and country of nationality while serving at the last duty station at the time of separation;

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

         (iv)   The staff members do not have permanent resident status in the country of the duty station at the time of separation.

         (d)    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 spouse shall be calculated in accordance with terms and conditions established by the Secretary-General.

 

                     Payment of the repatriation grant

 

         (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 at the time of separation.

         (f)    When a staff member receives a new appointment in the United Nations common system less than 12 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.

         (g)    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

 

         (h)    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 9.13

                     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 table below.

 

Reason for separation

Last day for pay purposes

 

 

Resignation

The date of expiration of the notice period under staff rule 9.2 (Resignation) or such other date as the Secretary-General accepts. A staff member will be expected to perform assigned duties during the period of notice of resignation, except when the resignation takes effect upon the completion of parental leave or following sick or special leave. Annual leave will be granted during the period of notice only for brief periods

Abandonment of post

The date of the decision by the Secretary-General that the post has been abandoned by the staff member or the date of expiration of the appointment specified in the letter of appointment, whichever is earlier

Expiration of fixed-term or temporary appointment

The date of expiration of the appointment specified in the letter of appointment

Retirement

The effective date of retirement

Termination

The effective date of termination specified in the notice of termination

Dismissal

The date on which the staff member is notified in writing of the dismissal decision

Death

The date of death, except for payment of grant upon death and education grant in accordance with staff rules 9.9 and 3.9 (e), respectively

 

 

         (b)    When an internationally recruited staff member has an entitlement to return travel under staff rule 7.2 (a) (viii), 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 9.10 above.

 

                     Rule 9.14

                     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 functions performed and the length of service. On the staff member’s written request, the statement shall also refer to the staff member’s quality of work and official conduct.

 

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                     Article X

                     Disciplinary measures

 

 

Regulation 10.1

 

         (a)    The Secretary-General may impose disciplinary measures on staff members who engage in misconduct;

         (b)    Sexual exploitation and sexual abuse constitute serious misconduct.

 

 

                     Chapter X

                     Disciplinary measures

 

 

                     Rule 10.1

                     Misconduct

 

         (a)    Failure by staff members to comply with their obligations under the Charter of the United Nations, the Staff Regulations and Rules or other relevant administrative issuances or to observe the standards of conduct expected of an international civil servant may amount to misconduct and may lead to the institution of a disciplinary process and the imposition of disciplinary measures for misconduct.

         (b)    Where the Secretary-General determines that a staff member’s conduct constituted misconduct, and that the staff member’s conduct was wilful, reckless or grossly negligent, the staff member may be required to reimburse the United Nations either partially or in full for any financial loss suffered by the United Nations as a result of the staff member’s conduct.

         (c)    The decision to investigate allegations of misconduct, to institute a disciplinary process and to impose a disciplinary measure shall be within the discretionary authority of the Secretary-General or officials with delegated authority.

 

                     Rule 10.2

                     Disciplinary measures

 

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

         (i)     Written censure;

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

         (iii)   Deferment, for a specified period, of eligibility for salary increment;

         (iv)   Suspension without pay for a specified period;

         (v)    Fine;

         (vi)   Deferment, for a specified period, of eligibility for consideration for promotion;

         (vii)  Demotion with deferment, for a specified period, of eligibility for consideration for promotion;

         (viii) Separation from service, with notice or compensation in lieu of notice, notwithstanding staff rule 9.7 (Notice of termination), and with or without termination indemnity pursuant to paragraph (c) of annex III to the Staff Regulations;

         (ix)   Dismissal.

         (b)    Measures other than those listed under paragraph (a) above shall not be considered disciplinary measures. Such measures are administrative measures that include, but are not limited to, the following:

         (i)     Written or oral reprimand;

         (ii)    Recovery of monies owed to the Organization;

         (iii)   Administrative leave with full or partial pay or without pay pending investigation and the disciplinary process pursuant to staff rule 10.4.

         (c)    A staff member shall be provided with the opportunity to comment on the facts and circumstances prior to the issuance of a written or oral reprimand pursuant to subparagraph (b) (i) above.

 

                     Rule 10.3

                     Due process in a disciplinary process

 

         (a)    The Secretary-General may initiate a disciplinary process where the findings of an investigation indicate that misconduct may have occurred. No disciplinary measure may be imposed on a staff member following the completion of an investigation unless the staff member has been notified, in writing, of the formal allegations of misconduct against the staff member and has been given the opportunity to respond to those formal allegations. The staff member shall also be informed of the right to seek the assistance of counsel in the staff member’s defence through the Office of Staff Legal Assistance, or from outside counsel at the staff member’s own expense.

         (b)    Any disciplinary measure imposed on a staff member shall be proportionate to the nature and gravity of the staff member’s misconduct.

         (c)    A staff member against whom disciplinary or non-disciplinary measures, pursuant to staff rule 10.2, have been imposed following the completion of a disciplinary process may submit an application challenging the imposition of such measures directly to the United Nations Dispute Tribunal, in accordance with chapter XI (Appeals) of the Staff Rules.

         (d)    An appeal against a judgment of the United Nations Dispute Tribunal by the staff member or by the Secretary-General may be filed with the United Nations Appeals Tribunal in accordance with chapter XI (Appeals) of the Staff Rules.

 

                     Rule 10.4

                     Administrative leave pending investigation and the disciplinary process

 

         (a)    A staff member may be placed on administrative leave, under conditions established by the Secretary-General, at any time after an allegation of misconduct and pending the completion of a disciplinary process. Administrative leave may continue until the completion of the disciplinary process.

         (b)    A staff member placed on administrative leave pursuant to paragraph (a) above shall be given a written statement of the reason(s) for such leave and its probable duration.

         (c)    Administrative leave shall be with full pay except (i) in cases where there are reasonable grounds to believe that a staff member engaged in sexual exploitation and/or sexual abuse, in which case the placement of the staff member on administrative leave shall be without pay, or (ii) when the Secretary-General decides that exceptional circumstances exist which warrant the placement of a staff member on administrative leave with partial pay or without pay.

         (d)    Placement on administrative leave shall be without prejudice to the rights of the staff member and shall not constitute a disciplinary measure. If administrative leave is with partial pay or without pay and the staff member’s conduct at issue does not lead to the imposition of the disciplinary measure of dismissal or separation from service, any pay withheld shall be restored without delay.

         (e)    A staff member who has been placed on administrative leave may challenge the decision to place him or her on such leave in accordance with chapter XI (Appeals) of the Staff Rules.

 

 

                     Article XI

                     Appeals

 

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Regulation 11.1

 

         There shall be a two-tier formal system of administration of justice:

         (a)    The United Nations Dispute Tribunal shall, under conditions prescribed in its statute and rules, hear and render judgment on an application from a staff member alleging non-compliance with his or her terms of appointment or the contract of employment, including all pertinent regulations and rules;

         (b)    The United Nations Appeals Tribunal shall, under conditions prescribed in its statute and rules, exercise appellate jurisdiction over an appeal of a judgment rendered by the United Nations Dispute Tribunal submitted by either party.

 

 

                     Chapter XI

                     Appeals

 

 

                     Rule 11.1

                     Informal resolution

 

         (a)    Staff members who considers that their contract of employment or terms of appointment have been violated are encouraged to attempt to have the matter resolved informally. To that end, a staff member who wishes to pursue informal channels should approach the Office of the Ombudsman without delay, without prejudice to the right to pursue the matter formally in accordance with the provisions of the present chapter.

         (b)    Both the staff member and the Secretary-General may initiate informal resolution, including mediation, of the issues involved at any time before or after the staff member chooses to pursue the matter formally.

         (c)    The conduct of informal resolution by the Office of the Ombudsman, including mediation, may result in the extension of the deadlines applicable to management evaluation and to the filing of an application with the United Nations Dispute Tribunal, as specified in staff rules 11.2 (c) and (d) and 11.4 (c) below.

         (d)    An application shall not be receivable by the United Nations Dispute Tribunal if the dispute arising from a contested decision has been resolved by an agreement reached through mediation. However, a staff member may submit an application directly with the Dispute Tribunal to enforce the implementation of an agreement reached through mediation within 90 calendar days of the deadline for implementation as specified in the mediation agreement or, when the mediation agreement is silent on the matter, within 90 calendar days of the thirtieth calendar day from the date on which the agreement was signed.

 

                     Rule 11.2

                     Management evaluation

 

         (a)    Staff members wishing to formally contest an administrative decision alleging non-compliance with their contract of employment or terms of appointment, including all pertinent regulations and rules pursuant to staff regulation 11.1 (a), shall, as a first step, submit to the Secretary-General in writing a request for a management evaluation of the administrative decision.

         (b)    A staff member wishing to formally contest an administrative decision taken pursuant to advice obtained from a duly designated technical body, as determined by the Secretary-General, or of a decision taken at Headquarters in New York to impose a disciplinary or non-disciplinary measure pursuant to staff rule 10.2 (Disciplinary measures) following the completion of a disciplinary process is not required to request a management evaluation.

         (c)    A request for a management evaluation shall not be receivable by the Secretary-General unless it is sent within 60 calendar days from the date on which the staff member received notification of the administrative decision to be contested. This deadline may be extended by the Secretary-General pending efforts for informal resolution conducted by the Office of the Ombudsman, under conditions specified by the Secretary-General.

         (d)    The Secretary-General’s response, reflecting the outcome of the management evaluation, shall be communicated in writing to the staff member within 30 calendar days of receipt of the request for management evaluation if the staff member is stationed in New York, and within 45 calendar days of receipt of the request for management evaluation if the staff member is stationed outside of New York. The deadline may be extended by the Secretary-General pending efforts for informal resolution by the Office of the Ombudsman, under conditions specified by the Secretary-General.

                     Rule 11.3

                     Suspension of action

 

         (a)    Neither the submission of a request for a management evaluation nor the filing of an application with the United Nations Dispute Tribunal shall have the effect of suspending the implementation of the contested administrative decision.

         (b)    However, where a management evaluation of an administrative decision is required:

         (i)     A staff member may submit an application requesting the United Nations Dispute Tribunal to suspend the implementation of the contested administrative decision until the management evaluation has been completed and the staff member has received notification of the outcome. In accordance with article 2, paragraph 2, of its statute, the Dispute Tribunal may suspend the implementation of a decision where the decision appears prima facie to be unlawful, in cases of particular urgency and where its implementation would cause irreparable damage. The Dispute Tribunal’s decision on such an application is not subject to appeal;

         (ii)    In cases involving separation from service, a staff member may opt to first request the Secretary-General to suspend the implementation of the decision until the management evaluation has been completed and the staff member has received notification of the outcome. The Secretary-General, after determining that the decision has not yet been implemented, may suspend its implementation where it appears prima facie to be unlawful, in cases of particular urgency and where its implementation would cause irreparable damage to the staff member’s rights. If the Secretary-General rejects the request, the staff member may then submit a request for suspension of action to the Dispute Tribunal under subparagraph (b) (i) above.

 

                     Rule 11.4

                     United Nations Dispute Tribunal

 

         (a)    A staff member may file an application against a contested administrative decision, whether or not it has been amended by any management evaluation, with the United Nations Dispute Tribunal within 90 calendar days from the date on which the staff member received the outcome of the management evaluation or from the date of expiration of the deadline specified under staff rule 11.2 (d), whichever is earlier.

         (b)    When staff members are not required to request a management evaluation, pursuant to staff rule 11.2 (b), he or she may file an application directly with the United Nations Dispute Tribunal within 90 calendar days from the date on which they received notification of the contested administrative decision.

         (c)    Where mediation has been pursued by either party within the deadline for filing an application with the United Nations Dispute Tribunal specified in staff rule 11.4 (a) or (b) and the mediation is deemed to have failed in accordance with the rules of procedure of the Mediation Division of the Office of the Ombudsman, the staff member may file an application with the Dispute Tribunal within 90 calendar days of the end of the mediation.

         (d)    Staff members shall have the assistance of counsel through the Office of Staff Legal Assistance if they so wish, or may retain outside counsel at their own expense, in the presentation of their case before the United Nations Dispute Tribunal.

         (e)    A staff association may request permission from the United Nations Dispute Tribunal to submit a friend-of-the-court brief in relation to an application filed by a staff member.

         (f)     A staff member who is entitled to appeal the same administrative decision that is the subject of an application brought by another staff member may request permission from the United Nations Dispute Tribunal to intervene in the matter.

         (g)    In accordance with article 2, paragraph 1, of its statute, the United Nations Dispute Tribunal has jurisdiction over an application filed by a staff member:

         (i)     To appeal an administrative decision that is alleged to not be in compliance with a staff member’s contract of employment or terms of appointment, including all pertinent regulations and rules and all relevant administrative issuances in force at the time of the alleged non-compliance;

         (ii)    To appeal an administrative decision imposing a disciplinary measure;

         (iii)   To enforce the implementation of an agreement reached through mediation.

         (h)    The competence of the United Nations Dispute Tribunal, as set forth in its statute, includes the authority:

         (i)     To suspend proceedings in a case at the request of the parties for a time to be specified by it in writing;

         (ii)    To order, at any time during the proceedings, an interim measure, which is not subject to appeal, to provide temporary relief to either party where the contested decision appears prima facie to be unlawful, in cases of particular urgency, and where its implementation would cause irreparable damage. Such temporary relief may include suspension of the implementation of the contested administrative decision, except in cases of appointment, promotion or termination;

         (iii)   To refer, at any time during its deliberations, a matter to mediation with the consent of both parties.

 

                     Rule 11.5

                     United Nations Appeals Tribunal

 

         (a)    In accordance with article 2, paragraph 1, of its statute, the United Nations Appeals Tribunal shall have jurisdiction over an appeal against a judgment of the United Nations Dispute Tribunal alleging that the Dispute Tribunal has:

         (i)     Exceeded its jurisdiction or competence;

         (ii)    Failed to exercise jurisdiction vested in it;

         (iii)   Erred on a question of law;

         (iv)   Committed an error in procedure, such as to affect the decision of the case; or

         (v)    Erred on a question of fact, resulting in a manifestly unreasonable decision.

         (b)    An appeal may be filed by either party against the judgment of the United Nations Dispute Tribunal within 60 calendar days following receipt of the Dispute Tribunal’s judgment. An appeal shall not be receivable by the United Nations Appeals Tribunal unless the deadline has been met or has been waived or suspended by the Appeals Tribunal.

         (c)    The filing of an appeal with the United Nations Appeals Tribunal shall have the effect of suspending the execution of a judgment of the United Nations Dispute Tribunal that is contested.

         (d)    Staff members shall have the assistance of counsel through the Office of Staff Legal Assistance if they so wish or may retain outside counsel at their own expense in the presentation of their case before the United Nations Appeals Tribunal.

         (e)    The competence of the United Nations Appeals Tribunal, as set forth in its statute, includes the authority:

         (i)     To decide, at its own initiative or at the request of either party, that exceptional circumstances require the proceedings to be closed;

         (ii)    To order an interim measure to provide temporary relief to either party to prevent irreparable harm and to maintain consistency with the judgment of the United Nations Dispute Tribunal.

 

 

                     Article XII

                     General provisions

 

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Regulation 12.1

 

         The present Regulations may be supplemented or amended by the General Assembly, without prejudice to the acquired rights of staff members.

 

Regulation 12.2

 

         Such staff rules and amendments as the Secretary-General may make to implement the present Regulations shall be provisional until the requirements of regulations 12.3 and 12.4 below have been met.

 

Regulation 12.3

 

         The full text of provisional staff rules and amendments shall be reported annually to the General Assembly. Should the Assembly find that a provisional rule and/or amendment is inconsistent with the intent and purpose of the Regulations, it may direct that the rule and/or amendment be withdrawn or modified.

 

Regulation 12.4

 

         The provisional rules and amendments reported by the Secretary-General, taking into account such modifications and/or deletions as may be directed by the General Assembly, shall enter into full force and effect on 1 January following the year in which the report is made to the Assembly.

 

Regulation 12.5

 

         Staff rules shall not give rise to acquired rights within the meaning of regulation 12.1 while they are provisional.

 

 

                     Chapter XII

                     General provisions

 

 

                     Rule 12.1

                     Applicability

 

         Staff rules 1.1 (Status of staff) to 13.6 (Repatriation grant) 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.

         (b)    In the text of the Staff Rules, reference to the Secretary-General in the masculine gender shall apply to Secretaries-General of both sexes, unless it is clearly inappropriate from the context to do so.

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