INTERNATIONAL TELECOMMUNICATION UNION COUNCIL GENEVA — Document C02/27-E 20 March 2002 Original: English 2002 SESSION — (22 APRIL - 3 MAY) STANDING COMMITTEE – PE (PE 1) Report by the Secretary-General 1 Subject: 2 Purpose EFFECTIVE HUMAN RESOURCES MANAGEMENT IN THE UNION Ref. doc. To inform the Council on the actions taken by the Secretary-General subsequent to its Resolutions 1181 and 1187. 3 Background Council Recommendation CR6, included in Annex 1 to Council Resolution 1181, instructed the Secretary-General, in cooperation with the Directors, and with full participation of the staff representatives, to prepare a comprehensive report to Council-02 on effective human resources management in the Union, including possible revisions of the Staff Regulations, in order to achieve more effective use of human resources. Council-2001 also approved Resolution 1187, “Gender perspective in ITU Human Resource Management, Policy and Practice.” 4 Recommendation The Council is invited to consider the report prepared by the Secretary-General. In particular, the Council is invited to approve the amendments to Staff Regulations proposed in Annex 2 to the document. 5 Implications No financial implications are foreseen Yoshio UTSUMI Secretary-General D:\282225436.doc 30.05.16 30.05.16 Council Res. 1181 Res. 1187 -2C02/27-E I. Framework 1.1 Council Recommendation CR6, included in Annex 1 to Council Resolution 1181, “instructs the Secretary-General, in cooperation with the Directors, with full participation of the staff representatives, to prepare a comprehensive report to Council-02 on effective human resources management in the Union, including possible revisions of the Staff Regulations, in order to achieve more effective use of human resources. This could include: a) providing greater incentives for staff mobility and career development; b) providing more flexibility in the staffing process; c) ensuring that urgent vacancies are filled promptly; d) taking measures to improve the geographical and gender representation in the professional and higher categories of the staff of the Union; e) addressing other issues related to human resources management.” 1.2 Council 2001 also approved Resolution 1187, “Gender perspective in ITU Human Resource Management, Policy and Practice.” This Resolution, inter alia, invites the Secretary General: a) to develop an action plan and procedures to address immediately and urgently the lack of gender representation in ITU staff, especially in the professional and higher categories, and to provide this action plan and procedures, together with information on their implementation and effectiveness, to Council 2002; b) to propose appropriate modifications to the Staff Regulations in order to better promote gender perspective in ITU; and “instructs the Secretary-General and the Directors of the Bureaux to report to Council 2002 on progress made to incorporate the gender perspective in the work of the General Secretariat and the respective Sectors”. 1.3 Since in Council Recommendation CR6 the Secretary-General had been instructed “to prepare a comprehensive report to Council 2002, including possible revisions of the Staff Regulations” it was considered appropriate to combine the two efforts and include the response to the in Resolution 1187 in the report as well. 1.4 An internal working group was established composed of staff representatives and representatives of the Personnel Department to prepare a preliminary report. This report was subsequently considered by the Coordination Committee and the Joint Advisory Committee (JAC) for their comments and recommendations. On the basis of the preliminary report and the comments and recommendations made, the Secretary-General has prepared the present Report which addresses the issues raised in CR6 of Council Resolutions 1181 and 1187. 2 Providing greater incentives for staff mobility and career development 2.1 It was agreed that improved internal mobility, both horizontal and vertical, if well implemented is beneficial both to the Union and to the staff involved. More opportunities and encouragement need to be given to those staff interested in taking on new responsibilities and learning new skills. It was concluded that a mobility scheme based on agreement between management and staff representatives and on the following principles should be put into operation: - to enrich ITU by having staff members with a wider experience within the organization; - to motivate staff through the opportunity of learning new skills; - to provide a separate centralized training budget for the scheme; D:\282225436.doc 30.05.16 30.05.16 -3C02/27-E - to better utilize the staff resources of the Union through increased mobility; and - to encourage voluntary mobility. 2.2 In terms of possible financial incentives the Union is bound by the UN common system. However the possibility of an extra salary increment under certain criteria when a staff member is transferred from a “stable to an unstable” post has already been introduced by a Service Order in 2001. The granting of an extra salary increment to encourage mobility could be further explored. 2.3 By Resolution 1106 the Council already instructed the Secretary-General in 1996, inter alia, to implement a merit award scheme in accordance with the conditions laid down in that Resolution. Non-cash merit awards have recently been implemented and other incentives may also be explored. 2.4 Career development could also be enhanced by more structured training programmes, which would be partly compulsory and partly voluntary. It is envisaged to create a Training Committee to establish guidelines, principles and criteria, to enhance the efficient use of training funds for the mobility scheme. The staff representatives recommend that this Training Committee should also be consulted on individual training requests in order to enhance the efficient use of training funds. The Coordination Committee and Administration representatives did not agree with the staff representatives’ position because they considered that staff training and development were an essential component of the supervisor’s responsibility and accountability. 3. Providing more flexibility in the staffing process 3.1 Transfers of staff are limited by the Staff Regulations or are subject to heavy administrative procedures. Regulation 1.2 is a case in point. It is therefore proposed to amend the existing text, the consultation of the Coordination Committee not being necessary if the two elected officials concerned agree on such a transfer (see the proposed amendment in Annex 2 to this report). 3.2 As part of an overall agreement, the Staff Council accepted the Administration’s proposal that job descriptions be restructured to make them more generic in order to facilitate the recruitment and mobility of staff. They would be divided into two parts, the first being a generic part applicable to all posts belonging to the same occupational group1. The second part would contain the description of functions which are specific to the post concerned, in order to ensure that job descriptions continue to reflect the staff member’s actual functions. It is to be noted that this proposal would also have a further positive result by shortening the delays for filling vacant posts, as the administrative procedures for updating a job description when a post becomes vacant would also be significantly reduced. 3.3 One of the present impediments to staff mobility is the strict link between contracts and posts. The Administration proposed to uncouple the staff member’s contract from his/her post. The staff representatives indicated that this proposal would not be acceptable to the staff unless it was accompanied by changes in the present contracts policy. To this end both sides propose the new contracts policy outlined in 6.1, which is supported by the Secretary-General. If this new contracts policy is approved then the staff representatives are willing to accept the proposal to uncouple staff members' contracts from their posts in the interest of improved mobility and flexibility. If endorsed, such a change would require careful legal study and consultation through the Joint Advisory Committee (JAC). When uncoupling appointments from specific posts, the total number of permanent appointments should not exceed the total number of permanent posts. _______________ 1 Based on the Common Classification of occupational Groups (CCOG) developed and promulgated in 1979 by the International Civil Service Commission (ICSC). The CCOG is an occupational dictionary which lists the various occupations that exist in the organizations, groups these occupations and sub-occupations into larger fields of work, families and occupational groups on the basis of similarity of functions. D:\282225436.doc 30.05.16 30.05.16 -4C02/27-E 4 Ensuring that urgent vacancies are filled promptly 4.1 Several proposals are made to reduce the deadlines currently applied and based on the application of the Staff Regulations and Staff Rules, the Rules of procedure of the Appointment and Promotion Board or established administrative practices. These are outlined in a comparative table attached as Annex 1 to this Report. Most of these proposals can be implemented by the SecretaryGeneral on his own authority. 4.2 It was noted that particular attention should be paid to the procedure currently applied for posts becoming vacant following the retirement of the incumbent, as in many cases, delays in filling such posts were due to delays in taking the decision to advertise or not, not leaving sufficient time before the retirement of the staff member. Therefore, the principle set out in an office memorandum in 19932, is being reinforced. It established that proposals for filling positions of retiring staff should be submitted well before the foreseen date of retirement in order to permit the full and timely application of the recruitment and selection procedures. The Office Memorandum thus suggested that the process start at least nine months before the foreseen date of retirement of the incumbent of the post concerned. All parties agreed that that principle should be maintained, and proposed, in addition, that strict deadlines be imposed on supervisors for taking the decision on whether or not to advertise and fill a post after the retirement of its incumbent. 4.3 It is proposed that when management plans to fill a post, either by transfer or promotion of an internal candidate meeting all the qualifications required, the post be advertised only internally in order to speed up the procedure, except for posts at D.1 and D.2 level. This suggestion is also in line with proposals made for encouraging internal mobility and career development of staff members in service, and would also be consistent with principles set out in Staff Regulation 4.3 which prescribes that “Without prejudice to the recruitment of fresh talent at all levels, staff in service shall be given reasonable promotion possibilities”. This proposal requires the approval of Council and, if approved, Staff Regulation 4.8 para. c) would need to be amended accordingly. 4.4 As mentioned in para. 3.2 above, an increased use of more generic job descriptions, inter alia, to facilitate reuse of short lists for similar job vacancies has been proposed. At present a short list can be used again for a similar post with the same requirements within a 12-month period subject to approval by the Appointment and Promotion Board and it was agreed that this procedure does not need changing but could be used more frequently by increasing the use of more generic job descriptions. In such cases the intention to reuse a short list for a different post should be notified to staff, and an internal candidate who had acquired additional experience or who had not applied for the original post could exceptionally be considered for inclusion on the short list by the Appointment and Promotion Boards. 4.5 Finally, it was noted that there were often delays in convening the Appointment and Promotion Boards. The obligation imposed by Staff Regulation 4.9.e) which prescribes that all participants in a meeting of the Board must have a grade at least equal to that of the post under consideration, was questioned. Staff representatives pointed out that this rule creates very concrete difficulties for the staff representation within the Appointment and Promotion Boards in general, and in the Board for P5 posts in particular, as for the time-being, the Staff Council only comprises one P5 official. The same difficulties had also been encountered by certain Sectors from time to time. That situation had been a source of delays in the work of the Board. Therefore, the Staff Council recommends that the existing grade limitation be removed for staff representatives, as has already been done for staff representatives on the Joint Advisory Committee (when acting as a _______________ 2 “Policy for extension of contracts beyond mandatory age of separation” D:\282225436.doc 30.05.16 30.05.16 -5C02/27-E disciplinary committee). The Coordination Committee and the Secretary-General do not support this recommendation. 5 Taking measures to improve the geographical and gender representation in the Professional and higher categories of the staff of the Union 5.1 The Union has 275 staff in posts subject to geographical representation in the Professional and higher categories. The overall membership of the ITU comprises 189 Member States and around 650 Sector Members. This leaves about 1.5 posts per Member State on average, not taking into account the Sector Membership. 5.2 In some large UN system organizations with many posts subject to geographical representation, ranges of posts for the Member States have been established. In these organizations, usually non-language posts in the Professional and higher categories which are part of the regular budget are included when determining the geographical ranges of posts. These ranges are usually based on a combination of assessed contributions and a fixed membership factor. Language, extrabudgetary and General Service posts are normally excluded. The regular budgets of these organizations are financed by fixed assessed contributions from the Member States. Large voluntary funded organizations do not apply geographical ranges for staff in the Professional and higher categories, but they recruit staff on an as wide a geographical basis as possible. Most technical specialized agencies of the UN system do not apply strict geographical ranges. For example, the World Intellectual Property Organization (WIPO) applies regional geographical ranges and the International Civil Aviation Organization (ICAO) applies a single fixed number of posts for each country resulting in one post only for most countries. In all organizations which have geographical ranges or quota, certain flexibility is allowed and none of these organizations apply the formulae rigidly. 5.3 The ITU falls between UN organizations which are financed by assessed contributions and those which are funded by voluntary contributions. It is more comparable to organizations funded by voluntary contributions because of its system of classes of contributions from which Members States and Sector Members can chose. Furthermore, the ITU is a small to medium-sized organization with only 275 regular non-language staff in the Professional and higher categories. At present the Union has over 80 nationalities on its staff which is similar to other medium-sized organizations which apply geographical quota. The ITU achieves a similar result without applying geographical ranges or quota and is the only UN system organization with a large membership from private industry and other entities. 5.4 If geographical ranges or quota are to be considered by the ITU, its unique character with its 650 Sector Members should also be taken into account. It should also be noted that the ITU is a high-tech organization which needs to stay in the forefront of technical developments in telecommunications. As has been decided by Resolution 48 (Rev. Minneapolis, 1998) that when considering candidates with equivalent qualifications, those from regions of the world which are insufficiently represented in the staffing of the Union are given preference. In addition, the language requirements for candidates from developing countries have been relaxed by Council Resolution 626. These Resolutions may have to be reviewed if geographical ranges or quotas are to be established. 5.5 In conclusion, it appears that the establishment of geographical ranges or quota would not be practicable for the ITU in light of its size, funding, membership and highly technical activities. It is therefore recommended to continue the present policy: a) in case of equally qualified candidates preference will be given to a candidate from a country that is not or underrepresented, and b) language qualifications may be relaxed in the case of candidates from developing countries. D:\282225436.doc 30.05.16 30.05.16 -6C02/27-E 5.6 Measures were also considered that could be implemented through the recruitment process to redress gender balance. In this context it is proposed that whenever a post is advertised in a grade where a gender is significantly underrepresented that when candidates are equally qualified, preference be given to a candidate who would improve the gender balance. This principle should be applied to all categories and grade levels. A statement could be included in the vacancy notice indicating that candidatures from women (or men if they are underrepresented in the grade) would be welcomed. If there were a conflict between improving geographical distribution and redressing gender balance then geographical distribution would continue to have priority, pursuant to Resolution 48 (Rev. Minneapolis, 1998). 6. Addressing other issues related to human resources management. 6.1. Contracts Policy 6.1.1 One of the major obstacles to staff mobility and career development in the ITU is the absence of a clear and harmonized contracts policy. At present there is no well-defined contract policy in place for regular staff at the ITU. Relatively wide variations not explained by different requirements in types and duration of appointments exist. The Staff Regulations and Staff Rules provide for permanent or temporary appointments for regular staff (which include probationary appointment (normally not exceeding two years prior to a permanent appointment), fixed-term appointment (not less than one year and not exceeding five years) and Managed Renewable term appointment (MRT, with a duration of five years, normally after a fixed-term contract of two years). From the above, it may be concluded there is a need for greater uniformity in the treatment of the staff. The need for a more standardized approach may be satisfied without necessarily changing the Staff Regulations and Rules at this stage. 6.1.2 Agreement was reached to propose a new contracts policy that is intended to simplify and streamline the hiring of staff, and which should be equally applied to G and P staff. The main points of this policy are: - Short-term contracts be for work of a temporary nature and limited to eleven months. - Fixed term contracts would be limited to 4 years maximum (typically two consecutive contracts of 2 years). Staff having successfully completed 4 years of fixed-term contracts will normally be offered a permanent contract without a probationary period, subject to satisfactory service and funding. - MRT contracts would be phased out, subject to Council approval. - Staff contracts would no longer be strictly bound to posts. a) Short-term contracts: The main objective is to ensure that short-term contracts are not used for regular and ongoing work. They should be used for hiring extra short-term staff such as: - Staff engaged for conferences, assemblies and meetings for short periods of time; - Free-lance translators and interpreters engaged for conferences, assemblies and meetings; and - Supernumerary staff engaged to absorb work of a temporary nature or unforeseen extraworkload. In all cases short-term contracts would be limited to a maximum of two consecutive periods of eleven months in the same functions. If a short-term contract is to be extended past 6 months the supervisor will need to inform the Personnel Department whether the engagement represents a longterm requirement, or is temporary in nature. Where a real need for a new long-term post is demonstrated and if necessary funding is available, a fixed-term vacancy notice will be published for competition, so that the incumbent can be considered for a fixed-term appointment at the end of D:\282225436.doc 30.05.16 30.05.16 -7C02/27-E the maximum period on short-term contracts. The recruitment of short-term staff in established posts should be restricted and replaced, in the first instance, by mobility of staff in service, who might be interested in a temporary detachment, and secondly, by a better planning of staffing needs. b) Fixed-term contracts: Staff would not be employed more than 4 years on fixed-term contracts. Typically this period would be composed of 2 two-year fixed-term contracts. Renewal of a fixedterm contract after 2 years recognizes that a staff member has performed satisfactorily and will normally be offered a permanent contract at the end of the second contract, subject to satisfactory service. If this is not the intention, for example because the requirement is limited to the duration of the second contract, then this must be notified in writing to the staff member when the contract is renewed after 2 years. c) Permanent contracts: Staff members who have completed 4 years on fixed-term contracts would normally be offered a permanent contract without a probationary period. Any decision not to offer a permanent contract has to be fully motivated. d) MRT contracts: With regard to the compatibility of the MRT concept with such a new policy, it is recommended that existing MRT contracts be replaced either by permanent contracts or fixedterm contracts, according to the criteria in para. 6.1.2 b) above. If the Council endorses this recommendation, the relevant Staff Regulations will need to be amended accordingly. A draft resolution to this effect could be submitted during the present Council session. e) As previously mentioned, the new contracts policy would include removing the formal link between staff contracts and posts. 6.2 Revision and simplification of the Staff Regulations and administrative procedures 6.2.1 The Working Group on ITU Reform had noted that a number of difficulties encountered in the area of personnel management were due, inter alia, to the rigidity of the present Staff Regulations. The Joint Inspection Unit also concluded that a more appropriate balance should be sought between the broad regulations encompassing the essential principles of personnel policy and the detailed rules which the Secretary-General is authorized to promulgate. 6.2.2 Therefore, pursuant to the decision taken by the Council 01, the Staff Regulations have been studied with a view to simplify the existing texts and changing parts of the Staff Regulations into Staff Rules where these texts are of an operational nature. As far as possible, only general and fundamental principles were kept in the Staff Regulations. Proposals are also submitted in order to clarify or modernize the existing texts and to make them gender neutral. The proposed amendments to Staff Regulations are presented in Annex 2 to this report, with revision marks. 6.2.3 An amendment is proposed to Staff Regulation 8.1 by the staff representatives in order to formally recognize the right of staff to negotiate their conditions of employment through their elected representatives in accordance with article 4 of ILO convention 983, and article 7 of ILO convention 1514. The International Labor Organization last year introduced a similar change into their own staff regulations to comply with these two conventions. The effect of the proposed change is limited by the fact that conditions of employment and pay scales are fixed in the common system, where the staff is represented by federations of UN system staff organizations. In addition, the Coordination Committee noted that this was a matter for the Member States which are Parties to the ILO Conventions concerned, whereas international organizations are not. Furthermore, the Coordination Committee considered that the right of negotiation for the staff was not recognized by _______________ 3 Article 4 of ILO convention 98 is reproduced in Annex 4 4 Article 7 of ILO convention 151 is reproduced in Annex 4 D:\282225436.doc 30.05.16 30.05.16 -8C02/27-E the UN General Assembly nor by the ICSC, in particular with regard to the conditions of employment which fell within the competence of the common system (UNGA and/or ICSC) or the ITU Council pursuant to Article 4 of the ITU Convention. It is therefore considered that the Secretary-General is not in a position to pronounce himself on this question. 6.3. Gender issues and Work/Family Agenda 6.3.1. Gender representation 6.3.1.1 In most of the organizations of the UN common system, the principle of gender balance in the staff has resulted in the introduction of either quotas in favour of the group which is considered as being underrepresented, such as women in the Professional and higher categories, or in the setting of minimum targets as a fixed annual percentage for increasing the representation of that group. Specific actions (in particular in terms of dissemination of vacancy notices) are also being implemented in order to encourage women to apply for posts in the Professional and higher categories. All parties concerned agreed that in the ITU context quotas were not really desirable and believed that a balance would eventually be achieved following the trend that had already been started. 6.3.1.2 Having studied Council Resolution 1187, Administration and staff representatives were of the opinion that the fundamental objective of that Resolution was to achieve equality of treatment between genders in ITU policies and practices, including recruitment, hiring, training and education, mobility and promotion opportunities, working conditions, composition and selection of leadership in ITU bodies. Therefore, it was decided not to focus on the specific question of representation of women on the staff of the Union but to adopt a broader approach to the subject. 6.3.1.3 The Secretary-General has adopted the following recommendations, which take into account the work done by the ITU Group on Gender Issues: - Training and career management should be further developed, appropriately funded and assessed biennially as an integral part of long-term strategic planning; - More women should be appointed to decision-making posts, in particular to the P.5 level and above. A minimum target of a 1% increase per year for the Professional and higher categories as a whole was considered reasonable, noting that between 1995 and 2000, actual figures showed a higher increase. Statistics in that respect may be found in Document C02/35 at http://www.itu.int/itudoc/gs/council/c02/docs/035.html . - More men should be appointed to G level posts; that objective could be encouraged by the use of gender neutral denomination of posts and functions (e.g. by replacing the title “Secretary” by “Assistant”) and the redefinition of qualifications required; - Participation of staff in gender issues activities should be promoted; - A “care and responsibilities” or “family” agenda should be drawn up and applied to cater for both men and women’s needs in the interest of a healthy work/family balance; - The composition of internal bodies should better reflect the composition of the staff of the Union, and women in particular should be better represented in statutory committees and boards. 6.3.1.4 These recommendations lead to concrete proposals to amend some Staff Regulations and Staff Rules in order to introduce the gender perspective in these texts. Proposals may be found in Annex 2 to this Report, with regard to: - Regulation 4.2 “Geographical distribution”, in order to be consistent with Resolution 48 (Rev. Minneapolis, 1998), which requires that the principle of geographical distribution must be D:\282225436.doc 30.05.16 30.05.16 -9C02/27-E applied “taking into account the desirable balance between female and male staff” of the Union; - Regulation 4.9.b) In reference to the Appointment and Promotion Boards it is proposed to add “The Secretary-General shall endeavour to ensure that both women and men are represented on each of these boards”; - Regulation 12.1.bis “ Gender Perspective in Staff Regulations and Staff Rules: it is proposed to enlarge the scope of the existing Staff Rule 12.1.1 “Gender of terms” in order to cover more widely the question of gender perspective as defined under para. 6.3.1.2 above; - Some other regulations were also identified which use the masculine gender (he/his) where gender neutral terminology would be more appropriate. These are only examples, but the Council may leave the responsibility to the Secretary-General to ensure that the Staff Regulations and Staff Rules are drafted in a gender neutral terminology, within the framework of Council Resolution 792, which Authorizes the Secretary-General to amend the Staff Regulations and Staff Rules applicable to appointed staff without seeking prior approval of the Council in respect of those amendments which are necessary to delete obsolete references or to make minor changes in editing which do not entail changes in the substance. 6.3.2 Work/family agenda 6.3.2.1 The Administrative Committee on Coordination (ACC) has adopted a Work/Family Agenda in 1995 which states, inter alia, the following. 6.3.2.2 To increase productivity, organizations must attract and retain top quality staff; to attract and retain such staff, organizations must innovate personnel policies and practices which will facilitate the reconciliation between work and family responsibilities. Measures which allow employees to meet their family responsibilities alongside those arising out of their work are recognized to be all the more important in an expatriate setting if organizations are to maximize their utilization of human resources. 6.3.2.3 Because it makes good business sense, many organizations have already instituted a number of measures in recognition of the need to provide a work environment which is supportive of an employee’s personal and family life: flexi-time, part-time work, adoption leave, unpaid leave for dependant care are examples of such measures. There is however the need to address the issue in a more integrated fashion as has been underscored by employers across the board. 6.3.2.4 In an era of downsizing, where staff and managers are looking for more productive ways to work, staff motivation and the reduction of stress are, more than ever, crucial ingredients to success. The institutionalization of the work/family agenda demands that managers are held accountable for the effective utilization of the human resources for which they are entrusted and that they understand and accept that work-family issues are legitimate in a business context. 6.3.2.5 The organizations of the United Nations common system are therefore committed to introducing - as best fits each organization's structure and mandate - a work/family agenda which may include: - enhanced flexibility in the organization of working time and in the work place; - leave arrangements which will allow staff to attend to personal emergencies and family obligations; - assistance with dependent care and other family support services 6.3.2.6 Enhanced flexibility may include: D:\282225436.doc 30.05.16 30.05.16 - 10 C02/27-E - alternative or reduced work schedules; 6.3.2.7 Changed family-related leave arrangements may take account of: - leave for maternity, paternity or adoption; - leave for emergencies. 6.3.2.8 Other family support services may include advice and referral assistance with: - spouse employment; - child care, including child sickness. 6.3.2.9 On the recommendation of all parties concerned, the Secretary-General has agreed that the Work/Family Agenda be further implemented in the ITU. D:\282225436.doc 30.05.16 30.05.16 - 11C2002/27-E Annex 1 RECRUITMENT PROCEDURES In response to item c) of CR6 in the Annex to Resolution 1181, recruitment procedures were studied in detail with the aim to reduce the delays in recruitment. Most of the proposals concern the possible reduction of deadlines that are currently applied and which are based on the application of the Staff Regulations and Staff Rules, Rules of Procedure of the Appointment and Promotion Board or administrative practices. The changes proposed for speeding up the recruitment procedures are outlined in the following table. With these changes, the total length of time to recruit a new staff member (apart from whatever notice the person needs to give the present employer) will be reduced from a maximum period of 43 weeks to a maximum period of 25 weeks i.e., a maximum reduction of 18 weeks. D:\282225436.doc 30.05.16 30.05.16 - 12 C02/27-E Phase Statutory, Professional and higher categories regulatory or other provision Current Proposals deadlines and 5 timeframes Identification of need for recruitment 9 months prior to and notification of the supervisor by the the date of Personnel Department separation in the case of retirement 1 The Personnel Department informs the supervisor 9 months prior to the date of retirement. The supervisor must then draw up a specific and substantiated opinion concerning the post within a period of normally 2 weeks, so that the post can be advertised 6 months prior to the date of the incumbent's retirement. In the case of resignation, the supervisor must likewise draw up an opinion within a period of normally 2 weeks as from the date on which the incumbent hands in his/her notice, so that the post can be advertised within a maximum period of 3 months as from that date. This proposal, while not modifying the overall deadline, imposes strict compliance with the various administrative phases. Updating and verification of the classification of the job description 2 1 month (or more Develop job descriptions that are more generic (a if reclassification single platform for each grade for each group of is required) occupations, and a second part relating to the specific features of the post). Reduce the target to 2 weeks and normally one month in case of reclassification. (gain 2 weeks) _______________ 5 Deadlines and timeframes arising from a statutory, regulatory or other text (Rules of Procedure of the Appointment and Promotion Board, for example) are shown in italics. All other periods stem from administrative practice. D:\282225436.doc 30.05.16 30.05.16 - 13 C02/27-E Preparation of the job vacancy notice a) translation into two languages b) approval by the supervisor c) approval by the Secretary-General 3 3 to 6 weeks 3 to 4 weeks a) 1 week b) 1 week c) 1 week a), b) and c) should be processed in parallel as much as possible. (gain 0 to 2 weeks) Internal advertisement of post 2 weeks for - possibility of filling the vacancy by transfer request for transfer candidates + 2 weeks average for decision by the supervisor 4 a) Inform staff members in the grade in question of the transfer possibilities (either by means of a list bearing the names of those staff members, or by internal mail); deadline for transfer request: 2 weeks. Deadline for normally 1 week. decision by supervisor: b) Followed by internal and external publication when external candidates are sought. c) If managers indicate beforehand that they wish to consider external candidates. In such a case, the internal advertisement should be left out. Of course, internal candidates can apply along with external candidates. (gain 3 to 4 weeks) This requires an amendment to Staff Regulation 4.8.c). 5 Regulation 4.8.f) International advertising of post of the Staff Regulations D:\282225436.doc 30.05.16 3 months (accelerated procedure: 2 months) Shorten the deadline for submission of applications to 2 months, and 1 month in the case of the accelerated procedure. (gain 1 month) 30.05.16 - 14 C02/27-E Registration of applications 6 1 to 5 weeks 1 to 3 weeks, on the understanding that the deadline for application and the use of the ITU application form be strictly applied (gain 0 to 2 weeks) Rules of procedure of the APB - §6 7 Initial preselection by the supervisor Preselection group participants given 10 working days advance notice of the meeting - Regulation 4.9 of the Staff Regulations RoP of the APB §3 Appointment and Promotion Board call to attend and distribution of documents normally 5 working days before the date of the meeting (2 days in exceptional cases) - 10 days Maximum two weeks for preselection process (gain 0 to 1.5 weeks) preselection establishment of the supervisor's assessment 8 Reduce notice to 5 days, and exceptionally 2 days establishment of the shortlist 1 to 2 weeks 2 to 4 weeks a) expand the list membership of the APB (number of alternates) to facilitate the convening of meetings b) lift the grade restriction for members representing the staff6 (gain 0 to 2 weeks) Formulation of the supervisor's 1 to 2 weeks Impose a strict deadline of 2 months (included in recommendation (including interviews (maximum 6 the 3 months referred to in phase 11) for by telephone and in person) months – see 11 establishment of the recommendation below) 9 _______________ 6 Proposal made by the staff representatives, not supported by the Secretary-General D:\282225436.doc 30.05.16 30.05.16 - 15 C02/27-E 10 Regulation 4.8.a) of the Staff Regulations Decision by the Secretary-General, following advice from the Director of the Bureau concerned, as appropriate SG for P5 and above DSG for P1 to P4 Chief of PE for G1 to G7 1 week No change 11 RoP of the APB §22 The Secretary-General brings the matter to the attention of the APB if no decision has been taken during the 6 months following establishment of the shortlist 6 months Reduce this time-limit to 3 months, which includes the 2 months in phase 9. This will require an amendment of the Rules of Procedure of the APB. 12 Signature of the contract by the Secretary-General, Deputy SecretaryGeneral or Chief of Personnel Department 1 to 2 days No change 13 Recruitment medical examination verification of references verification of educational certificates Up to 4 weeks Use of electronic facilities for verifying references, or by telephone. The verification of references could also be made during phase 9 14 Entry into service A few weeks (G) to 3 months (for P posts, according to how much notice the new incumbent has to give to previous employer) D:\282225436.doc 30.05.16 30.05.16 - 16 C02/27-E Annex 2 STAFF REGULATIONS AND STAFF RULES APPLICABLE TO APPOINTED STAFF Pursuant to the decision taken by the Council, Staff Regulations have been studied with the view to simplify the existing texts, by transferring parts of the Staff Regulations into Staff Rules where these texts are of an operational nature. As far as possible, only general, and fundamental principles were kept in the Staff Regulations. Proposals are also submitted in order to clarify or modernize the existing texts. The proposed amendments to the Staff Regulations are presented in the attached table with revision marks. D:\282225436.doc 30.05.16 30.05.16 - 17 C02/27-E STAFF REGULATIONS STAFF RULES OBSERVATIONS AND COMMENTS PREAMBLE NOC Scope and purpose NOC CHAPTER I Regulation 1.1 Status of staff members Regulation 1.2 Assignment of staff members DUTIES, OBLIGATIONS AND PRIVILEGES NOC Staff members shall be assigned to their posts at the Headquarters and in the offices away from the Headquarters according to the needs of the Union and, as far as possible, in accordance with their qualifications; where transfers of staff between the General Secretariat and the Bureaux or between Bureaux are involved, the elected officials concerned shall be consulted in accordance with Regulation 4.8.b). Regulation 1.3 Hours of work Regulation 1.4 Conduct Regulation 1.5 Conduct Regulation 1.6 Outside activities and interests The consultation of the Coordination Committee is not necessary if the SecretaryGeneral and the Director of the Bureau concerned, or the Secretary-General and the two Directors concerned, agree on the transfer. NOC NOC NOC a) NOC Active association in the management of a financial interest in any profit -making enterprise, if staff members benefit from such association by reason of their position in the organization, may be viewed as a conflict of interest. b) Apart from their work in the service of the Union, staff members shall not participate in any manner nor have financial or commercial interest whatsoever in any enterprise concerned with telecommunications or having commercial relations with the Union. They may not accept any gratuities or favours from firms or private individuals concerned with telecommunications or having commercial relations with the Union. D:\282225436.doc 30.05.16 30.05.16 - 18 C02/27-E STAFF REGULATIONS STAFF RULES c) A staff member who has occasion to deal in his official capacity with any matter involving a business concern in which he holds a financial or commercial interest shall disclose the measure of that interest to the Secretary-General. d) Regulation 1.7 Communication of information. Regulation 1.8 Honours and gifts Regulation 1.9 Political activities Regulation 1.10 Privileges and immunities Regulation 1.11 OBSERVATIONS AND COMMENTS Same reason as for para. b) above. NOC NOC NOC NOC NOC Oath or declaration NOC Para a) to b) To be deleted: oath or declaration are now made in writing and not before the SecretaryGeneral or his representatives CHAPTER II Regulation 2.1 CLASSIFICATION OF POSTS NOC Classification of posts CHAPTER III Regulation 3.1 Regulation 3.2 Regulation 3.3 Salaries Salaries. Initial salary Regulation 3.4 Advancement within a grade SALARIES AND ALLOWANCES NOC NOC NOC a) Salary increments within the levels set forth in the scales shown in Annexes 3 and 4 to these Regulations shall be awarded annually to staff members on the basis of satisfactory service, except that the period of satisfactory service required for increments to step 12 in level P.2, steps 14 and 15 in level P.3, steps 13 to 15 in level P.4, steps 11 to 13 in level P.5, steps 5 to 9 in level D.1 and steps 2 to 6 in level D.2, shall be two years. D:\282225436.doc The possibility of withholding steps already exists. The members representing the Personnel Department believe that the possibility of delaying steps could be studied 30.05.16 30.05.16 - 19 C02/27-E STAFF REGULATIONS STAFF RULES OBSERVATIONS AND COMMENTS b) NOC c) A staff member in the General Service category who has completed more than twenty years of entirely satisfactory service within the Union and international organizations of the United Nations common system, and has been at the top of the grade for five years, may be granted one additional pensionable step for long service. Period of service with other organizations of the common system should be taken into account for that purpose. Regulation 3.5 Post adjustment NOC a) NOC b) Rule 3.5.1 Post adjustment a) While the salary of a staff member is normally subject to the post adjustment of his duty station during assignments for one year or more, alternative arrangements may be made by the SecretaryGeneral under the following circumstances: i) A staff member who is assigned to a duty station classified lower in the schedule of post adjustments than the duty station in which he has been serving may continue to receive, for up to six months, the post adjustment applicable to the former duty station while the members of his immediate family (spouse and children) remain at that duty station; ii) When a staff member is assigned to a duty station for less than one year, the Secretary-General shall decide at that time whether to apply the post adjustment applicable to the duty station and, if appropriate, to pay an assignment grant under Rule 7.1.18 and the hardship and non-removal elements of the mobility and hardship allowance under Rule 3.18.1 or, in lieu of the above, to authorize payment of appropriate subsistence allowances. b) D:\282225436.doc Para c) to d) of Staff Regulation 3.5 to be changed verbatim into a Staff Rule At duty stations where the average rental cost used in 30.05.16 30.05.16 - 20 C02/27-E STAFF REGULATIONS STAFF RULES OBSERVATIONS AND COMMENTS calculating the post adjustment index is based on the cost of housing provided by the United Nations, by the Government or by a related institution, staff members who have to rent housing accommodation at substantially higher commercial rates shall be paid a supplement to the post adjustment in the form of a rental subsidy under conditions established by the Secretary-General. If staff members are provided with housing free of charge, or at rents lower than the average rental cost used in calculating the post adjustment index for the duty station, a deduction shall be made from their monthly salaries under conditions established by the Secretary-General. Regulation 3.6 Regulation 3.7 Regulation 3.8 Non-resident allowance Language Allowance Special Post Allowance Regulation 3.9 Overtime NOC NOC NOC NOC 1. Staff members in the General Service category who are required to work in excess of any normal working week shall be given compensatory time off, or may receive additional payment, under the conditions stipulatedin Rule 3.9.1. Rule 3.9.1 Compensation of overtime To be changed verbatim into a Staff Rule 1. Should the exigencies of the service permit, and subject to the prior approval of the Secretary-General or the Director of the Bureau concerned, as appropriate, occasional compensatory time off may be granted to staff members in the Professional category, who have been required to work substantial or recurrent periods of overtime. 2. Overtime shall be compensated only when it is worked on the instructions of the responsible chief immediate supervisor. Save where unusual exigencies of the service otherwise require, a staff member will not be asked to work more than 40 hours of overtime during one month nor more than 121) hours in any 24-hour period. _______________ 1) Twelve hours' work, including overtime. D:\282225436.doc 30.05.16 30.05.16 - 21 C02/27-E STAFF REGULATIONS STAFF RULES OBSERVATIONS AND COMMENTS For General Service category staff serving at the Headquarters compensatory time off or additional payment shall be given in accordance with the following provisions: a) i) "ordinary overtime" is incurred when a staff member is required to work in excess of the hours prescribed for the normal working day. "Special overtime" is incurred when a staff member is required to work in excess of three hours of ordinary overtime or after 12.30 p.m. on Saturdays or at any time on Sundays or on official holidays provided that the terms and provisions of subparagraph c) below are not applicable; ii) in either case, overtime means time worked over and above the full- time normal working week. In computing overtime for any day, periods of less than a quarter of an hour shall be disregarded. The total amount of overtime worked in excess of the working week shall be computed in hours and half hours, any fraction of a half hour shall be disregarded. Official holidays or any other authorized absence from duty during the course of the week shall be counted as time worked towards the regularly scheduled tour of duty. b) i) Staff members in the General Service category who are required to work overtime shall, as far as possible, be compensated by time off. Such compensation shall be made as soon as the exigencies of the service permit, and in no case later than eight weeks after the overtime was worked, on the basis of one and a half time for "ordinary overtime" and double time for "special overtime". If a staff member's responsible chief certifies that owing to exceptional circumstances the necessities of the service do not permit the grant of compensatory time off within eight weeks after the overtime was worked, the overtime shall D:\282225436.doc 30.05.16 30.05.16 - 22 C02/27-E STAFF REGULATIONS STAFF RULES be compensated in cash at the rates shown in Annex 10 to Staff Regulations. ii) Notwithstanding the above provisions, up to 12 hours of compensation for overtime worked in any period of four weeks shall, at the request of the staff members, be granted in cash. The maximum amount of overtime paid per calendar year to a staff member shall under no circumstances exceed one month of net remuneration of the staff member concerned. In exceptional circumstances when the overtime is strictly related to servicing official conferences and meetings and when the ceiling is reached, the maximum amount may be increased to two months of net remuneration upon certification by the responsible chief. No special compensation (other than night differential where applicable) shall be allowed for work done during the week outside regular working hours where the modification of the normal time-table is due to the adoption of a shift or roster system, except where the total time worked exceeds the full normal working week. c) 2. For General Service category staff serving in offices away from the Headquarters, overtime provisions shall be determined on the basis of local conditions and practices of local organizations of the United Nations common system. Regulation 3.10 OBSERVATIONS AND COMMENTS NOC NOC Night differential 1. Staff members in the General Service category serving at the Headquarters who are assigned to night-time tours of duty shall receive a night differential under the conditions stipulated in Rule 3.10.1. Rule 3.10.1 a) D:\282225436.doc Calculation of night differential A regular full-time staff member working a normal tour of 30.05.16 Para a) to e) to be changed verbatim into a Staff Rule 30.05.16 - 23 C02/27-E STAFF REGULATIONS STAFF RULES OBSERVATIONS AND COMMENTS duty shall, if assigned to a tour of duty, any part of which falls between 8 p.m. and 8 a.m., be paid for work between such hours a night differential of 25% of base salary, provided four hours of night work have been accomplished in a calendar week. Any hours when the staff member is on leave or in a travel status shall be excluded in the computation of the night differential; b) Night differential shall not be paid for the same work for which overtime payment or compensatory time off is allowed; c) In computing night differential pay, the rate shall be reckoned to the nearest hour and work periods of less than one half hour shall not be considered; d) In Geneva, staff members of the General Service category who are required to work beyond 8 p.m. without a break for an evening meal, or who are required to work overtime after 11 p.m., or who are required to work at least two hours' overtime after a tour of duty ending later than 8 p.m., shall be paid an additional sum of 4.50 Swiss francs to compensate for night refreshments; e) The provisions of this Rule do not apply to staff members who are specifically engaged for night work. 2. NOC Regulation 3.11 Education grant Definitions 1. For the purposes ofEducation grant entitlements: a) "Child" shall be a child for whom the staff member has the responsibility in accordance with Regulation 3.12. "Disabled child" shall be a child who is unable, by reasons of physical or mental disability, to attend a normal educational institution and therefore requires special teaching or training to prepare him for full integration into society or, while attending a normal educational institution, requires special teaching or training to assist him in overcoming the disability. D:\282225436.doc 30.05.16 30.05.16 - 24 C02/27-E STAFF REGULATIONS b) c) d) 2. STAFF RULES OBSERVATIONS AND COMMENTS "Home country" shall be the country of home leave of the staff member. If both parents are eligible staff members, "home country" shall be the country of home leave of either parent. "Duty station" shall be the town where the staff member is serving and the area within a radius of 25 km, including any area situated beyond the frontier of the duty station country. "Cost of attendance" shall include the cost of enrolment, prescribed textbooks, courses, examinations and diplomas, and boarding fees, when applicable, but not school uniforms or optional charges. Where local conditions justify such provision, the cost of attendance may include the cost of midday meals, if these are provided by the school, and the cost of daily group transportation. Local transport costs for disabled children may be refunded up to double the cost of normal daily group transportation. The Secretary-General shall establish terms and conditions under which: a) an education grant shall be available to an internationally recruited staff member who is serving outside the country of which he is a national according to Regulation 4.6 and whose child is in full-time attendance at a school, university, or similar educational institution of a type which will, in the opinion of the Secretary-General, facilitate the child's resettlement in the staff member's recognized home country. Eligible officials who, after service at a duty station outside their home country, are assigned to a duty-station within that country, may receive the grant for the balance of a school year, not exceeding one full school year, after their return from expatriate service. Travel costs of the child may also be paid for an D:\282225436.doc 30.05.16 30.05.16 - 25 C02/27-E STAFF REGULATIONS b) c) d) e) STAFF RULES outward and return journey once in each scholastic year between the educational institution and the duty station, except that in the case of staff members serving in duty stations designated by the ICSC where there are no schools which provide schooling in the language or cultural tradition desired by the staff member for their children, such travel costs may be paid twice in the year in which the staff member is not entitled to home leave. Such travel shall be by a route approved by the Secretary-General, but not in an amount exceeding the cost of such a journey between the home country and the duty station; an education grant shall also be available to a staff member serving in a country whose language is different from his 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 own; at duty stations designated by the ICSC, an additional amount of 100 per cent of boarding cost up to the maximum fixed for a school year by the ICSC may be reimbursed in respect of children in attendance at the primary and secondary levels; an education grant shall be made available to a staff member, whether expatriate or not, provided he has an appointment for one year or longer or has completed one year of continuous service, for a disabled child;. the Secretary-General may also authorize payment of the education grant, during mission service, to a staff member regarded under Regulation 4.4 as locally recruited at his normal official duty station. No amount should be mentioned in the text Rule 3.11.1 1. D:\282225436.doc OBSERVATIONS AND COMMENTS Eligibility The education grant shall not be payable in respect of: a) attendance at a kindergarten or nursery school at the 30.05.16 Section B to be changed verbatim into a Staff Rule 30.05.16 - 26 C02/27-E STAFF REGULATIONS STAFF RULES OBSERVATIONS AND COMMENTS pre-primary level; attendance at a free school or one charging only nominal fees at the duty station; correspondence courses, except those which in the opinion of the Secretary-General are the best available substitute for full-time attendance at a school of a type not available at the duty station; private tuition, except tuition in a language of the home country at duty stations where satisfactory school facilities for learning that language are not available; vocational training or apprenticeships which either do not involve full-time schooling or in which the child receives payment for services rendered. b) c) d) e) 2. The grant shall be payable up to the end of the school year in which the child completes four years of post-secondary studies or is awarded the first recognized degree, whichever is the earlier. The grant shall not normally be paid beyond the scholastic year in which the child reaches the age of 25. If the child's education is interrupted for at least one school year by national service, illness or other compelling reasons, the period of eligibility shall be extended by the period of interruption. National service shall not include periods for which a child enlists voluntarily or periods spent in fulfilling the obligation of military service. Rule 3.11.2 Amount of the grant 1. In the case of attendance at an educational institution outside the duty station, the amount of the grant shall be: a) where the institution provides board for the child, 75 per cent of the allowable costs of attendance and the cost of board up to a maximum annual grant as provided in Annex 6 to Staff Regulations; b) where the institution does not provide board, a flat rate for boarding as provided in Annex 6 to these Regulations plus 75 per cent of the allowable costs of attendance, up to a maximum annual grant as provided D:\282225436.doc 30.05.16 Section C to be changed verbatim into a Staff Rule 30.05.16 - 27 C02/27-E STAFF REGULATIONS STAFF RULES OBSERVATIONS AND COMMENTS in Annex 6 to Staff Regulations. However, in the case of staff members serving at duty stations designated by the ICSC, 100 per cent of boarding costs up to $3,000 a year may be reimbursed in respect of attendance at the primary or secondary levels, as an amount additional to the maximum annual grant provided in Annex 6 to Staff Regulations. 2. In the case of attendance at an educational institution in the area of the duty station: a) the amount of the grant shall be equal to 75 per cent of the authorized cost of attendance, up to a maximum annual grant as provided in Annex 6 to Staff Regulations. b) Where such an educational institution is located beyond commuting distance from the duty station where the staff member is serving and, in the opinion of the Secretary-General, no school in the area would be suitable for the child, the amount of the grant shall be calculated at the same rates as specified in paragraph 1 above. 3. Where attendance is for less than two-thirds of the scholastic year, the amount of the grant shall be that proportion of the annual grant which the period of attendance bears to the full scholastic year. 4. Where the period of service of the staff member does not cover the full scholastic year, the amount of the grant shall normally be that proportion of the annual grant which the period of service bears to the full scholastic year. Rule 3.11.3 Travel A staff member, to whom an education grant is payable under Rule 3.11.2.1 a) or b) or 3.12.1.2 b) above in respect of his child's attendance at an education institution shall be entitled to travel expenses for the child of one return journey each scholastic year between the educational institution and the duty station, subject D:\282225436.doc 30.05.16 Section D to be changed verbatim into a Staff Rule 30.05.16 - 28 C02/27-E STAFF REGULATIONS STAFF RULES OBSERVATIONS AND COMMENTS to the following conditions: a) such travel expenses shall not be paid if the requested journey is unreasonable, either because of its timing in relation to other authorized travel of the staff member or his dependants, or because of the brevity of the visit in relation to the expense involved; b) travel expenses shall not be paid if either the period of the child's attendance at the educational institution or the staff member's period of service accomplished with the organization is less than two-thirds of the scholastic year; c) transportation expenses shall not exceed the cost of a journey between the staff member's home country and the duty station; d) when a disabled child attends an educational institution outside the area of the staff member's duty station, travel expenses shall be refunded for up to two journeys per year between the educational institution and the duty station, provided that the SecretaryGeneral is satisfied that the needs of the disabled child require attendance at that educational institution; in extreme cases to be decided by the Secretary-General, travel costs may also be refunded for an accompanying person. Rule.3.11.4 Tuition of the mother tongue The Secretary-General shall decide in each case whether the education grant shall be paid for tuition of the mother tongue under Staff Regulation 3.11.2.b). Rule 3.11.5 Claims Claims for education grant shall be submitted in writing and supported by evidence satisfactory to the Secretary-General. Rule 3.11.6 D:\282225436.doc 30.05.16 Establishment of the grant in local currency Section E to be changed verbatim into a Staff Rule Section F to be changed verbatim into a Staff Rule Section G to be changed verbatim into a Staff Rule 30.05.16 - 29 C02/27-E STAFF REGULATIONS STAFF RULES OBSERVATIONS AND COMMENTS When the educational expenses are incurred in certain countries specially designated by the ICSC, the amounts set out in section C above shall be established in local currency (see Annex 6 to Staff Regulations). Rule 3.12.7 Special education grant for disabled children Section H to be changed verbatim into a Staff Rule 1. A special education grant for disabled children shall be available to staff members of all categories, regardless of whether or not they are serving in their home country. 2. The amount of the grant shall be 100 per cent of the educational expenses actually incurred up to a maximum special education grant provided in Annex 6 to Staff Regulations. If the disabled child is eligible for the regular education grant, the total amount payable under the two types of grant shall not exceed the maximum special education grant provided in Annex 6 to Staff Regulations. "Educational expenses" reimbursable under the special education grant shall comprise the expenses incurred to provide an educational programme designed to meet the needs of the disabled child in order that he may attain the highest possible level of functional ability. 3. The grant shall be computed on the basis of the calendar year, if the child is unable to attend a normal educational institution, or on the basis of the school year, if the child is in full-time attendance at a normal educational institution while receiving special teaching or training. The grant shall be payable in respect of any disabled child from the date on which the special teaching or training is required up to the end of the school year or the calendar year, as appropriate, in which the child reaches the age of 25 years. In exceptional cases, the age limit may be extended up to the end of the school year or the calendar year, as appropriate, in which the child reaches the age of 28 years. 4. In addition to the grant payable in accordance with the Rule, expenditure for the acquisition of special equipment required for the D:\282225436.doc 30.05.16 30.05.16 - 30 C02/27-E STAFF REGULATIONS STAFF RULES OBSERVATIONS AND COMMENTS integration of a disabled child, where not covered by the health insurance scheme, may be refunded up to an annual limit of $1,000 upon presentation of a claim supported by evidence. 5. Where the period of service does not cover the full school year or calendar year, the amount of the grant shall normally be that proportion of the annual grant which the period of service bears to the full school or calendar year. 6. Claims for the grant shall be submitted annually in writing and supported by medical evidence satisfactory to the SecretaryGeneral regarding the child's disability. The staff member shall also be required to provide evidence that he has exhausted all other sources of benefits that may be available for the education and training of the child. The amount of educational expenses used as the basis for the calculation of the special education grant shall be reduced by the amount of any benefits so received or receivable by the staff member. 7. The provision in Rule 3.11.6 above shall also apply to the computation and payment of special education grant for disabled children. Regulation 3.12 Dependency allowances Definition of dependency NOC Rule 3.12.1 Amount of the dependency allowance a) Subject to the conditions set out in Regulation 3.12, dependency allowances shall be paid to eligible staff members as indicated under A and B below. If both husband and wife are staff members of the Union, the United Nations or a specialized agency, the one with the higher grade may claim, for all dependent children, under subparagraphs a) and/or b) of part A or B below; the other may claim only under A.c) or B.c) below, if otherwise entitled. To be changed verbatim into a staff Rule. The French terminology “Allocations familiales” should be changed into “indemnité pour personne à charge”. It is to be noted that that terminology is the one used by the ICSC in its Annual Report to the UNGA. b) The full amount of the dependency allowance provided under this Regulation in respect of a dependent child shall be payable, except where the staff member or his spouse receives a governmental grant in respect of the same child. Where such a D:\282225436.doc 30.05.16 30.05.16 - 31 C02/27-E STAFF REGULATIONS STAFF RULES OBSERVATIONS AND COMMENTS governmental grant is made, the dependency allowance payable under this Regulation shall be approximately the difference between the amount of the governmental grant and that of the dependency allowance set out in this Regulation. In no case shall the sum of the two payments be less than the amount set out in this Regulation. A. Staff members in the Professional category and above A staff member in the Professional category and above shall be entitled to receive annual non-pensionable dependency allowances of: a) $1,400 per year for each dependent child, or the amount established in local currency as provided in Annex 7 to Staff Regulations. The allowance shall not be paid, however, in respect of the first dependent child if the staff member has no dependent spouse, in which case the staff member shall be entitled to the dependency rate of staff assessment under Part A of Annex 5 to these Regulations; b) $2,800 for each disabled child or twice the amount established in local currency as provided in Annex 7 to Staff Regulations. However, if the staff member has no dependent spouse and is entitled to the dependency rate of staff assessment under Part A of Annex 5 to Staff Regulations in respect of a disabled child, the allowance shall be reduced to $1,270 for that child, or the amount established in local currency as provided in Annex 7 to Staff Regulations; c) $500 a year as a single allowance for a person who is not directly dependent where there is no dependent spouse. B. Staff members in the General Service category a) A staff member in the General Service category at Geneva shall be entitled to receive an annual non-pensionable allowance of: i) 3,883 Swiss francs in respect of each dependent child; D:\282225436.doc 30.05.16 30.05.16 - 32 C02/27-E STAFF REGULATIONS STAFF RULES ii) OBSERVATIONS AND COMMENTS 7,766 Swiss francs for each disabled child. b) A staff member in the General Service category at Geneva shall, subject to the conditions stipulated in Regulation 3.12.1.a), be paid not more than one of the following annual non-pensionable allowances: i) 6,406 Swiss francs in respect of a dependent spouse in the case of staff members in service who were receiving this allowance before 1 October 1995, and 5,686 Swiss francs in the case of staff members who entered into service on or after 1 October 1995 or whose entitlement to the allowance arose on or after that date; 9,205 Swiss francs in respect of the first dependent child for whom an allowance is payable under paragraph a) above, provided that the staff member is single, widowed, divorced or legally separated and not in receipt of a spouse allowance. ii) c) A staff member in the General Service category at Geneva who is not in receipt of a spouse allowance shall be entitled to an annual non-pensionable allowance in respect of a person who is not directly dependent, of 1,452 Swiss francs in the case of staff members in service who were receiving this allowance before 1 October 1995, and of 1,308 Swiss francs in the case of staff members who entered into service on or after 1 October 1995 or whose entitlement to the allowance arose on or after that date. Rule 3.12.2 Submission of claims Claims for dependency allowances shall be submitted in writing and supported by evidence satisfactory to the SecretaryGeneral. A separate claim shall be made each year and the staff member shall notify immediately to the Secretary-General any change in the status of a dependant affecting the payment of this allowance. D:\282225436.doc 30.05.16 30.05.16 - 33 C02/27-E STAFF REGULATIONS Regulation 3.13 Salary Advances Salary advances may be made under the circumstances and conditions stipulated in Staff Rule 3.13.1 STAFF RULES Rule 3.13.1 Salary Advances OBSERVATIONS AND COMMENTS To be changed verbatim into a staff Rule a) Salary advances may be made under the following circumstances and conditions: 1) in cases where new staff members take up their duties without sufficient funds, in such amount as the Secretary-General may deem appropriate; 2) in cases where staff members do not receive their regular monthly payment through no fault of their own, in the amount due; 3) upon departure for extended official travel or approved leave, up to the amount that would fall due for payment during the anticipated period of absence; 4) upon separation from service, where final settlement of pay accounts cannot be made at the time of departure, subject to the advance not exceeding 80 per cent of the estimated final net payment due; 5) upon change of official duty station, in such amount as the Secretary-General may deem appropriate; 6) the Secretary-General may, in exceptional and compelling circumstances, and if the request of the staff member is supported by a detailed justification in writing, authorize an advance for any reason other than those enumerated above. b) Advances granted under paragraph a) 1) and a) 6) above may not be greater than the amount of two months salary. c) Advances must be repaid by instalments as determined at the time the advance is authorized and within a period which must not normally exceed six months. A new advance may not be granted until the previous loan has been fully repaid. Regulation 3.14 Regulation 3.15 Regulation 3.16 D:\282225436.doc NOC NOC NOC Pensionable remuneration Pensionable remuneration Deductions from salary 30.05.16 30.05.16 - 34 C02/27-E STAFF REGULATIONS Regulation 3.17 STAFF RULES NOC Mobility and hardship allowance CHAPTER IV OBSERVATIONS AND COMMENTS RECRUITMENT, APPOINTMENT, TRANSFER AND PROMOTION PRINCIPLES Regulation 4.1 Appointment, transfer promotion principles and Regulation 4.2 Geographical distribution gender distribution and NOC for the English text. The French text should be revised. The English text always uses the term “transfer”, where the French text uses either “mutation” or “transfert” a) Due regard shall be paid to the importance of recruiting staff on as wide a geographical basis as possible and preference shall be given, other qualifications being equal, to candidates from regions of the world which are not represented or are insufficiently represented, taking into account the desirable balance between female and male staff. Introduction of gender perspective in Staff Regulations, pursuant to Council Resolution 1187 “Gender Perspective in ITU Human Resource Management, Policy and Practice”. The added text comes from Resolution 48 (Rev. Minneapolis, 1998) “Human Resources Management”. b) Geographical distribution shall not apply to posts in the General Service category. Qualifications being equivalent, the desirable balance between male and female staff will be taken into account when selecting candidates. To be deleted (See Annex 1) Regulation 4.3 Regulation 4.4 Regulation 4.5 Regulation 4.6 Promotions and transfers Local recruitment International recruitment Nationality Regulation 4.7 Selection Regulation 4.8 Appointment of staff members NOC NOC NOC NOC NOC a) a) and b) NOC b) c) Selection for posts in grades P.1 and above shall be made on a competitive basis; vacancies shall be advertised to the D:\282225436.doc 30.05.16 30.05.16 - 35 C02/27-E STAFF REGULATIONS STAFF RULES Administrations of all the Members States of the Union, to the United Nations and other specialized agencies and to the staff of the Union, indicating in detail the nature of the post to be filled, the qualifications required and the terms of appointment. OBSERVATIONS AND COMMENTS To be deleted. Is no longer relevant because of local recruitment in these grades d) For vacancies at the Headquarters in grades G.1 to G.7, recruitment shall be on a competitive basis, from as near a place to Geneva as possible; where this is not possible, vacancies shall be advertised as in paragraph c) above, but recruitment shall be made having regard to its financial implications. Editorial modification resulting from amendment proposed to para. c) above e) NOC f) When vacancies are advertised, in accordance with the provisions of paragraph c) above, applications from outside may be submitted through an Administration, in principle within a minimum period of one month; or directly to the Union on the understanding that the Secretary-General would in such cases normally consult with the Administrations of the nationals involved before making a final selection. to be consistent with the proposal made for the recruitment procedures Rule 4.8.1 Promotion of staff members Unless experience or qualifications (demonstrated in another field than the one in which he staff members assumed his their duties until then or proven by passing an appropriate examination) justify an exception, the following periods of service in a grade shall be required before promotion to the next higher grade is considered: 1) at least one year, for staff members in the Professional category; 2) at least six months for staff members in the General Service category. Regulation 4.9 To be changed verbatim into a Staff Rule, with an editorial amendment in order to use gender neutral language Appointment and Promotion Board a) The Secretary-General shall establish an Appointment and Promotion Board to advise him/her (and, if appropriate, the D:\282225436.doc 30.05.16 30.05.16 - 36 C02/27-E STAFF REGULATIONS STAFF RULES OBSERVATIONS AND COMMENTS Director of the Bureau concerned) in all cases where a vacancy is advertised. b) The Appointment and Promotion Board shall comprise a representative of the General Secretariat and of each Bureau of the Union and, for posts in the General Service (G.1 to G.7) and Professional (P.1 to P.5) categories, two staff representatives or their alternates designated by the Secretary-General from a list of names submitted by the Staff Council. When designating members and alternates, the Secretary-General shall endeavour to ensure that both women and men are represented in the composition of the Board for each category of posts. The Chief of the Personnel Department or his/her designated representative shall also participate ex officio in all Board meetings in an advisory capacity and shall serve as its Secretary. The General Secretariat and each Bureau of the Union shall be represented: i) by the the Secretary-General and the Directors*) or their designated representatives of gra de D.1 or higher level, for posts of grade P.5 and above; ii) by an official of grade D.1 or higher level, designated by the Secretary-General and the Director concerned respectively , for posts of grades P.1 to P.4; iii) by an official of grade P.5 or above, designated by the Secretary-General and the Director concernedrespectively , for posts of grades G.1 to G.7. Introduction of a the gender perspective within Staff Regulations and Staff Rules pursuant to Council Resolution 1187 “Gender Perspective in ITU Human Resource Management, Policy and Practice”. To ensure more flexibility in convening of APB meetings for posts at these levels These two provisions are no longer necessary because of the amendment proposed for para. b) above. c) All participants [representing the General Secretariat and each Bureau of the Union] in a meeting of the Appointment and Promotion Board shall hold a grade at least equal to that of the post under consideration. d) Meetings of the Board shall be chaired by the regular representative with the highest grade or, in the event of equal grades, with the highest seniority. _______________ * The Deputy Secretary-General shall attend as an observer. D:\282225436.doc 30.05.16 30.05.16 - 37 C02/27-E STAFF REGULATIONS STAFF RULES e) The Appointment and Promotion Board shall establish its own Rules of Procedure. Its proceedings shall, in principle, be secret. Its Rules of Procedure may, however, authorize the transmission of certain information to candidates. OBSERVATIONS AND COMMENTS Proposal in square brackets made by the staff representatives. The limitation in grade would no longer be applicable to staff representatives in the APB. f) The Secretary-General shall report to the next regular session of the Council whenever he proposes to take an appointment or promotion decision which is contrary to the advice of the Appointment and Promotion Board. The final decision shall be taken subject to the Council's agreement. The effect of that decision shall be retroactive in the case of promotions. Regulation 4.10 Medical examination Regulation 4.11 Notification by staff members and obligation to supply information Regulation 4.12 Letter of appointment The Secretary-General does not support this proposal. NOC NOC a) Upon appointment, each staff member shall receive a letter of appointment signed by the Secretary-General or by a representative of the Secretary-General authorized for this purpose. To changed verbatim into a Staff Rule Rule 4.12.1 Letter of Appointment The letter of appointment shall state: 1) that the appointment is subject to the provisions of the Staff Regulations and Staff Rules applicable to the category of appointment in question, and to any changes duly introduced in such Regulations and Rules from time to time; 2) the nature of the appointment; 3) the date at which the staff member is required to take up his duties; 4) the period of appointment, the notice required to terminate it and period of probation, if any; 5) the category, grade, commencing rate of salary; 6) any special conditions which may be applicable. b) D:\282225436.doc NOC 30.05.16 30.05.16 - 38 C02/27-E STAFF REGULATIONS Regulation 4.13 Regulation 4.14 STAFF RULES NOC NOC Reemployment Types of appointment CHAPTER V Regulation 5.1 Regulation 5.2 Regulation 5.3 ANNUAL, SPECIAL AND HOME LEAVE NOC NOC NOC Annual leave Special leave Home leave. CHAPTER VI Regulation 6.1 Regulation 6.2 Regulation 7.3 Regulation 7.4 Regulation 7.5 NOC NOC TRAVEL AND REMOVAL EXPENSES NOC NOC Travel expenses Illness or accident during travel on official business Reimbursement of travel expenses Transportation of the remains of deceased staff or of their eligible dependants Removal expenses NOC NOC NOC CHAPTER VIII Regulation 8.1 SOCIAL SECURITY Social security Social security CHAPTER VII Regulation 7.1 Regulation 7.2 STAFF RELATIONS Staff representation The staff’s right of association shall be recognized. [The staff’s right to negotiate terms and conditions of employment through their staff representatives is also recognized.] The interests of the staff shall be represented before the Secretary-General and his representatives by a Staff Council elected by staff members. Regulation 8.2 Proposal in square brackets submitted by Staff Representatives in accordance with ILO Conventions 98 and 151 (See Annex 3). The Secretary-general does not support this proposal NOC Joint Advisory Committee CHAPTER IX D:\282225436.doc OBSERVATIONS AND COMMENTS SEPARATION FROM SERVICE 30.05.16 30.05.16 - 39 C02/27-E STAFF REGULATIONS STAFF RULES NOC Regulation 9.1 Termination Regulation 9.2 Termination for reasons of health The services of a staff member may be terminated when he/she is unable to perform his/her duties, or any other duties which might reasonably be assigned to the staff member, as a result of infirmity, illness or the weakening of physical or mental faculties. The decision as to the possibility of transferring the official to other functions shall be taken in agreement with the Director of the Bureau called upon to make use of the staff member’s services. Medical certificates shall be furnished under the conditions laid down in the Regulations and Rules of the United Nations Joint Staff Pension Fund. Regulation 9.3 Regulation 9.4 Regulation 9.5 Regulation 9.6 Resignation Notice of resignation Notice of termination Termination or, appointments, indemnity Redrafted in gender neutral language This part of the text is obsolete and should be deleted NOC NOC NOC for MRT non-renewal a) to f) NOC This provision is obsolete and should be deleted NOC h) Regulation 9.7 1. Repatriation grant NOC Rule 9.7.1 Payment of repatriation grant Payment of repatriation grants shall be subject to the following conditions and definitions: a) "obligation to repatriate" as used in the present Regulation shall mean obligation to ensure the return of a staff member and his eligible dependants, upon separation, at the expense D:\282225436.doc OBSERVATIONS AND COMMENTS 30.05.16 All of para 2. to be changed verbatim into a staff Rule, with an amendment to para. c) below 30.05.16 - 40 C02/27-E STAFF REGULATIONS STAFF RULES b) c) d) e) D:\282225436.doc of the Union, to a place outside the country of his official duty station; "home country" as used in the present Regulation shall mean the country of home leave entitlement under Rule 5.3.1, or such other country as the Secretary-General may determine at the request of the staff member; continuous service away from the staff member's home country shall, for the purposes of this Regulation, exclude service before 1 January 1960 during which the staff member received an expatriation grant, as well as periods spent on short-term appointment status. If at any time the staff member was considered to have acquired permanent residence in the country of his duty station and subsequently changed from such status, his continuous service shall be deemed to have commenced at the time the change was made. Continuity of such service shall not be considered as broken by periods of special leave without pay or on partial pay, but full months of any such periods shall not be credited as service for the purpose of calculating the amount of the grant payable; periods of less than one calendar month shall not affect the ordinary rates of accrual; no payment of repatriation grants shall be made to locally recruited staff, to a staff member who abandons his post, to a staff member who has been dismissed or to any staff member who is residing at the time of separation in his home country while performing his official duties. A staff member who, after service at a duty station outside his home country, has served at a duty station within that country may be paid on separation, subject to such paragraph i) below, a full or partial repatriation grant at the Secretary-General's discretion; "eligible dependants", within the meaning of this Regulation, shall consist of a spouse or children in respect of whom a staff member, at the time of separation, is receiving dependency allowances. The repatriation grant shall be paid at the dependency rate to staff members with eligible 30.05.16 OBSERVATIONS AND COMMENTS The text is obsolete and should be deleted 30.05.16 - 41 C02/27-E STAFF REGULATIONS STAFF RULES f) g) h) i) j) D:\282225436.doc OBSERVATIONS AND COMMENTS dependants regardless of the place of residence of those dependants; where both husband and wife spouses are staff members of the Union, the United Nations or a specialized agency and each is entitled, on separation, to payment of a repatriation grant, and taking into account Rule 4.7.1 c), payment shall be made to each, at the rate authorized for staff members withont eligible dependants, according to their respective entitlements. Where dependent children are recognized, however, the first parent to be separated may claim payment at the dependency rate. In this event, the second parent, on separation, may claim payment either at the rate authorized for staff members without eligible dependants for the period of qualifying service subsequent thereto or, if eligible, at the eligible dependency rate for the whole period of his qualifying service, from which shall normally be deducted the amount of the repatriation grant paid to the first parent; loss of entitlement to payment of return travel expenses under Rule 7.1.4 shall not affect a staff member's eligibility for payment of the repatriation grant; with effect from 1 July 1979, payment of the repatriation grant shall be subject to the provision by the former staff member of evidence of relocation away from the country of the last duty station; evidence of relocation shall be constituted by documentary evidence that the former staff member has established residence in a country other than that of the last duty station, such as a declaration by the immigration, police, tax or other authorities of the country, by the senior United Nations official in the country or by the former staff member's new employer; payment of the grant may be claimed by the former staff member only within two years of the effective date of separation. However, where both husband and wife spouses are staff members of the Union, the United Nations or a specialized agency and the spouse who separates first is 30.05.16 30.05.16 - 42 C02/27-E STAFF REGULATIONS STAFF RULES k) l) OBSERVATIONS AND COMMENTS entitled to repatriation grant, his or her entitlement to repatriation grant shall cease if no claim for payment of the grant has been submitted within two years after the date of separation of the other spouse; notwithstanding sub-paragraph h) above, staff members already in service before 1 July 1979 shall retain the entitlement to repatriation grant proportionate to the years and months of service qualifying for the grant which they already had accrued at that date without the necessity of producing of evidence of relocation; the exercise of any additional entitlement accrued after that date shall, however, be subject to the conditions set out in sub-paragraphs h) to j) above; in the event of the death of staff member entitled to repatriation grant, no payment shall be made unless there is a surviving eligible spouse or one or more eligible dependent children whom the Union is obligated to return to their home country. If there is only one such surviving eligible dependant, payment shall be made at the rate authorized for staff members without eligible dependants; if there are two or more such surviving eligible dependants, payment shall be made at the eligible dependency rate. Deleted. Retirement Not used NOC Regulation 9.11 Regulation 9.12 Regulation 9.13 Regulation 9.14 Retirement Expiry of fixed-term appointments Grant on death Procedure of separation This provision is obsolete and should be deleted NOC NOC NOC NOC Regulation 9.15 Last day for pay purposes Regulation 9.8 Regulation 9.9 a) When a staff member is separated from service, the date on D:\282225436.doc 30.05.16 30.05.16 - 43 C02/27-E STAFF REGULATIONS STAFF RULES which entitlement to salary, allowances and benefits shall cease for the staff member, his beneficiaries or persons entitled shall be determined according to the conditions stipulated in Staff Rule 9.15.1: OBSERVATIONS AND COMMENTS NOC Rule 9.15.1 1) 2) 3) 4) 5) 6) Determination of the last day for pay purposes In the case of resignation, the date shall be either the date of expiry of the notice period under Regulation 9.4 or such other date acceptable to the Secretary-General. Staff members shall be expected to perform their duties during the period of notice of resignation, except when the resignation takes effect upon the completion of maternity leave or following sick or special leave. Annual leave shall be granted during the notice of resignation only for brief periods and for purposes not inconsistent with the provisions of Regulation 9.16. Upon expiry of a fixed-term appointment, the date shall be that specified in the letter of appointment. Upon termination, the date shall be that provided in the notice of termination. Upon retirement, the date shall be that approved by the Secretary-General for retirement. In the case of dismissal, the date shall be that of the dismissal. In the case of death, the date shall be that of death, subject to the relevant provisions of Regulation 9.13. Rule 9.15.2 Last day for travel purposes 1) to 6) to be changed verbatim into a Staff Rule To be changed verbatim into a Staff Rule When an internationally recruited staff member is exercising an entitlement to return travel, the last day for pay purposes shall be the date established under Staff Rule 9.15.1. a) 1), 2) or 3) above, or the estimated date of arrival at the place of entitlement, whichever is later. The estimated date of arrival shall be determined on the basis of the time it would take to travel without interruption by an approved route and mode of direct travel from the duty station to the place of entitlement, the travel commencing no later D:\282225436.doc 30.05.16 30.05.16 - 44 C02/27-E STAFF REGULATIONS STAFF RULES OBSERVATIONS AND COMMENTS than the day following the date established under Staff Rule 9.15.1. a) above. Regulation 9.16 Commutation of accrued annual leave NOC 1) If upon separation a staff member has accrued annual leave, he shall be paid in lieu thereof a sum of money for the period of such accrued leave, less staff assessment, where applicable, up to a maximum of 60 working days. The payment shall be calculated in accordance with Staff Rule 9.16.1. Rule 9.16.1 Calculation of the payment of accrued leave i) to iii) to be changed verbatim into a Staff rule The payment of accrued leave shall be calculated: i) for staff in the Professional and higher categories, on the basis of the staff member's last net base salary and the post adjustment applicable to his last duty station before separation; ii) for staff in the General Service category serving at the Headquarters, on the basis of the staff member's pensionable remuneration, including language allowance, if any, and nonresident's allowance, where applicable, less staff assessment, according to the schedule of rates set forth in Part B of Annex 5 to these Regulations applied to the gross salary alone; iii) for staff in the General Service category serving in offices away from the Headquarters, pensionable remuneration shall be the gross salary reflected in the salary scale applicable to each duty station. Rule 9.16.2 Payment of accrued Leave in case of death In the event of the death of a staff member, a sum proportionate to the number of days of annual leave he has D:\282225436.doc 30.05.16 30.05.16 - 45 C02/27-E STAFF REGULATIONS STAFF RULES OBSERVATIONS AND COMMENTS accumulated shall be paid to the beneficiaries designated by the staff member in accordance with Rule 12.1.3 bis. Regulation 9.17 Regulation 9.18 NOC NOC Restitution of advance annual leave Certification of service CHAPTER X Regulation 10.1 Disciplinary measures a) A staff member, who is deemed to be guilty of misconduct, may incur sanctions. The Secretary-General may dismiss a staff member for serious misconduct. b) The Secretary-General shall establish administrative machinery with staff participation, which may be consulted in disciplinary cases. DISCIPLINARY MEASURES Rule 10.1.1 Misconduct Failure by a staff member to comply with his or her obligations under the Staff Regulations and Staff Rules or other relevant administrative issuances, or to observe the standards of conduct expected of an international civil servant, may amount to unsatisfactory conduct within the meaning of Regulation 10.1, leading to disciplinary proceedings and disciplinary measures for misconduct. Rule 10.1.2 a) The reorganisation of the whole Chapter X has been inspired by the text currently in force in the UN. Sanctions The following sanctions are applicable to the staff: 1) verbal reprimand; 2) written censure, of which a copy must be placed in the file of the person concerned; 3) delayed advancement to the next salary step; 4) reduction in salary step within the same grade; 5) temporary removal from duty without pay; 6) demotion to a lower grade; 7) dismissal. b) Reprimands shall be given by the chief of department, unit or outside office and censures shall be given by the Secretary-General or the Director of the Bureau concerned, where appropriate. It is proposed to modify the order of sanctions 5 and 6, as it is considered that former sanction 5 (now 6) has more negative effects on the administrative situation of a staff member, and on the entitlements and benefits (salary, pension entitlements, etc.) than the former sanction 6 (now 5). c) All other sanctions shall be applied by the Secretary-General after referring the matter for advice to the Joint Advisory Committee. D:\282225436.doc 30.05.16 30.05.16 - 46 C02/27-E STAFF REGULATIONS STAFF RULES OBSERVATIONS AND COMMENTS It is proposed to change this part of the text into Rule 10.2.2 para. b) and c) below Rule 10.1.3 Provisional suspension from duty a) When a charge of serious misconduct is made against a staff member, and if the Secretary-General or the Director of the Bureau concerned is of the opinion that the charge is well-founded and that the official's continuance in office pending an investigation of the charge would be prejudicial to the service, he may be suspended from duty by the Secretary-General, with or without pay, pending investigation, without prejudice to his rights. Such suspension shall not constitute a sanction in the meaning of Rule 10.1.2. b) A staff member suspended pursuant to paragraph a) above shall be given a written statement of the reason for the suspension and its probable duration. Suspension should normally not exceed three months. c) Suspension shall be with pay unless, in exceptional circumstances, the Secretary-General decides that suspension without pay is appropriate. If a suspension pursuant to paragraph b) above is without pay and the charge of misconduct is subsequently not sustained, any salary withheld shall be restored. Regulation 10.2 Right of Defence No disciplinary action shall be taken against a staff member until he has been given an opportunity to present his or her defence. Rule 10.2.1 Due process No disciplinary action shall be taken against a staff member unless he or she has been notified in writing of the allegations against him of her and has been given a reasonable opportunity to respond, also in writing, to those allegations, except in case of a verbal reprimand. Staff Rule 10.2.2 It is proposed to change the text into a Staff Regulation, as it contains a fundamental principle of justice. Joint Advisory Committee a) No staff member shall be subject to a sanction under Rule 10.1.2.a) 3) to 7) until the case has been referred to the Joint Advisory Committee for advice. D:\282225436.doc 30.05.16 30.05.16 - 47 C02/27-E STAFF REGULATIONS STAFF RULES OBSERVATIONS AND COMMENTS b) The Joint Advisory Committee shall be composed pursuant to Rule 8.2.1. Members of the Committee designated by the Secretary-General shall hold a grade at least equal to that of the staff member concerned. c) The Joint Advisory Committee shall consult the Director of the Bureau concerned. d) In considering a case, the Joint Advisory Committee shall normally provide its advice to the Secretary-General within four weeks after the case has been submitted to it. e) The Joint Advisory Committee may adopt its own rules of procedure, which shall be consistent with the Staff Regulations and Staff Rules. CHAPTER XI Regulation 11.1 Regulation 11.2 APPEALS NOC NOC Appeals Administrative tribunals CHAPTER XII Regulation 12.1 General provisions Regulation 12.1.bis Gender perspective in Regulations and Staff Rules FINAL PROVISIONS NOC This rule could be change into the Staff Regulations and completed in order to include the gender perspective in the Staff Regulations and Staff Rules pursuant to Council Resolution 1187 “Gender Perspective in ITU Human Resource Management, Policy and Practice”. Staff a) The Secretary-General shall ensure that equality of treatment between female and male staff is observed in the development and the implementation of human resource management, policies and practices. b) The Secretary-General shall endeavour to ensure that both women and men are represented in the statutory committees or boards under these Regulations. c) In the Staff Regulations and Staff Rules, reference to staff members in the masculine gender , as well as any other occupational designation, shall apply equally to men and women, unless clearly D:\282225436.doc 30.05.16 30.05.16 - 48 C02/27-E STAFF REGULATIONS STAFF RULES OBSERVATIONS AND COMMENTS inappropriate from the context. NOC Regulation 12.2 Regulation 12.3 D:\282225436.doc Appointed staff of the Union standing for election or elected to an elected official post Application of the Staff Regulations and Staff Rules This Regulation has the same title as Regulation 12.1 above, while covering different subjects. 30.05.16 30.05.16