Civilian Personnel Regulations AMENDMENTS
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NORTH ATLANTIC TREATY ORGANIZATION Civilian Personnel Regulations AMENDMENTS Record of amendments Strike out corresponding number as each amendment is inserted 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 Design and lay-out : NATO Graphics Studio APRIL 2005 CONTENTS 1 Amdt 25 / June 2016 Contents Preamble PART ONE Article RULES GOVERNING MEMBERS OF THE STAFF Chapter I - Recruitment and employment 1 - 3 Chapter II - Appointments, assignments and contracts 4 - 6 Chapter III - Separation 7 - 11 Chapter IV - Obligations and responsibilities 12 - 14 Chapter V - Work 15 - 17 Chapter VI - Security 18 - 21 Chapter VII - Salaries, allowances, supplements, advances and loans 22 - 36 Chapter VIII - Travel and removal 37 - 41 Chapter IX - Leave 42 - 46 Chapter X - Social securities and insurances 47 - 51 Chapter XI - Provident Fund 52 - 54 Chapter XII - Reports, performance assessment, 55 - 58 grades, advancement, changes of post or grade Chapter XIII - Discipline 59 - 60 Chapter XIV - Administrative review, complaints and appeals 61 - 62 Chapter XV - Pension Schemes 63 - 67 2 CONTENTS APRIL 2005 Amdt 25 / June 2016 PART TWO RULES APPLICABLE TO CONSULTANTS AND TEMPORARY PERSONNEL Chapter XVI - Consultants 68 - 76 Chapter XVII - Temporary personnel 77 - 87 PART THREE STAFF REPRESENTATION Chapter XVIII - Staff Associations and Staff Committees 88 - 90 PART FOUR ANNEXES 1.A. Agreement on the status of the North Atlantic Treaty Organization, national representatives and international staff (Part IV) 1.B. Protocol on the status of international military headquarters (Articles 2 to 8) II. Procedure for adjusting emoluments III. Allowances/Supplements III.A Reserved III.B Kilometric allowance for travel by private vehicle III.C Education allowance: rules for the reimbursement of educational costs III.D Indemnity for handicapped child and reimbursement of educational or training expenses related to the handicap III.E Regulations concerning the rent allowance III.F Regulations to standardise the conditions of employment of men and women III.G Basic family allowance III.H Dependent child supplement III.I Supplements for disabled or severely disabled child III.J Supplement for disabled and dependent parent III.K Method of adjustment for the allowances/supplements expressed in absolute value APRIL 2005 CONTENTS 3 Amdt 8 / April 2012 IV. Rules of the Coordinated Pension Scheme V. Regulations on the indemnity for loss of job VI. Regulations governing the NATO Defined Contribution Pension Scheme VII. Regulations governing the Provident Fund VIII. Basic principles of performance management and criteria for performance assessment IX. Regulations governing administrative review, mediation, complaints and appeals X. Disciplinary powers and procedures XI. Joint Consultative Board XII. Part-time work and job-sharing XIII. Retirees' Medical Claims Fund XIV. Participation of international civilian personnel in Council- approved operations and missions XV. Regulations for continued employment beyond the age limit PART FIVE INDEX (to be published later) APRIL 2005 PREAMBLE 1 Amdt 12 / May 2013 Preamble A. Applicability (i) These Civilian Personnel Regulations are applicable throughout the North Atlantic Treaty Organization and shall govern personnel administration in each NATO body for personnel of the following classes: international civilian personnel consultants temporary (civilian) personnel (ii) These Regulations do not apply to military personnel (other than those seconded to civilian posts), national experts lent by their governments on a non-reimbursable basis, or local civilian labour (known as Local Wage Rate (LWR) civilians). The terms of employment of LWR civilians will be set out in their contracts of employment and will comply with the conditions of work, wages, supplementary payments, etc., laid down in the legislation and regulations applicable in the host country. (iii) Compliance with these Regulations, except as specified in agreements concluded between the member government concerned and the Secretary General or Supreme Allied Commander as appropriate, is likewise incumbent on nationals of a country which has elected to avail itself of the special provisions of Article 19 of the Agreement on the status of the North Atlantic Treaty Organization, national representatives and international staff or Article 7(2) of the Protocol on the status of international military headquarters. (iv) Notwithstanding the provisions of paragraph E (x) below, the contractual rights of staff members in post on the date on which these Regulations come into force shall be maintained. 2 PREAMBLE APRIL 2005 Amdt 22 / August 2015 B. Definitions (v) For purposes of these Regulations, the following phrases have the meanings indicated : (a) NATO bodies - means all civilian and military headquarters, agencies and other organizational units established pursuant to the North Atlantic Treaty and fully financed through international budgets. (b) Head of NATO body - means the senior responsible officer of any NATO body to which either the Agreement on the status of the North Atlantic Treaty Organization, national representatives and international staff signed in Ottawa on 20 th September, 1951 or the Protocol on the status of international military headquarters set up pursuant to the North Atlantic Treaty signed in Paris on 28 th August, 1952 applies and which employs international civilian personnel. (c) International civilian personnel, staff, or members of the staff - means personnel of a NATO body recruited from among the nationals of members of the Alliance and appointed to the Organization and assigned to international posts appearing on the approved establishment of that NATO body. (d) Consultant - means a recognized expert or specialist engaged, normally from among nationals of the members of the Alliance, to serve in an advisory capacity not provided for by the establishment approved for the NATO body concerned. (e) Temporary personnel or temporary staff - means personnel engaged from among nationals of the members of the Alliance to satisfy temporary requirements of the Organization (e.g. to replace members of the staff who are absent, to undertake tasks temporarily in excess of the capacity of the establishment approved for the NATO body concerned, to ensure that the personnel establishment can be managed in a flexible way and necessary work requirements can be sustained during reorganizations). (f) Seconded staff - means those international civilian personnel recruited, with the concurrence of the national authorities concerned : i. from a national administration, public institution or the armed forces of a NATO member state, who retain a formal link with the administration, institution or armed forces from which they were recruited; or ii. who are made available to serve as international civilian personnel under arrangements concluded with the Council under Article 19 of the Agreement on the status of the North Atlantic Treaty Organization, national representatives and international staff or Article 7.2 of the Protocol on the status of international military headquarters set up pursuant to the North Atlantic Treaty. The extent to which the Civilian Personnel Regulations apply to staff seconded under these provisions may be set out in arrangements between the Organization and the Member state concerned. (g) Retired NATO staff, member of the retired NATO staff – means APRIL 2005 PREAMBLE 3 Amdt 23 / November 2015 former members of the staff who have served with a NATO Body in one or more of the categories described in paragraphs (c), (d), (e) and (f). (h) Spouse: i. The person with whom a staff member has entered into a marital relationship, as defined, recognized, and regulated by a national public authority; or ii. Officials who have entered into a partnership organizing the conditions of their marital relationship registered with a national public authority shall be considered as married officials and their partners as spouses, provided that all the following conditions are met: • neither of the partners is married or has already entered into another registered partnership; • the kinship between the partners does not preclude their marriage; • the couple as such does not legally have access to civil marriage under the legislation of the State of which the official is a national or of the country of residence of the couple. C. Responsibilities and authority (vi) The Heads of NATO bodies (as defined in paragraph B(v)(a) above) are responsible for ensuring that these Regulations are faithfully applied within their respective organizational units. To this end the term « Secretary General » or « Secretaries General of the Coordinated Organizations » shall mean, in a text which has been approved for common application in the Coordinated Organizations and which is reproduced in an annex to the Regulations, the Head of the NATO body to which the staff member belongs or to which the former staff member belonged, except where otherwise specified. For specific situations not covered by these Regulations, the Heads of NATO bodies (1) will consult the Advisory Panel on Administration, established by the Secretary General (2) before taking a final decision. (vii) To this end they are authorized : (a) to take such steps as are necessary to establish, consistent with the provisions of these Regulations, more detailed rules and procedures to ensure effective, efficient and economical administration and utilization of civilian personnel within the organizational units headed by them; (b) to designate the official or officials authorized to exercise the powers and authorities relative to civilian personnel vested in them by these or other regulations. (1) This authority is reserved to SACEUR in respect of members of the staff employed by NATO bodies within Allied Command Operations and to SACT in respect of members of the staff employed by NATO bodies within Allied Command Transformation. (2) See Council decision on C-M(2009)0079.