STAFF REGULATIONS

APPENDIX VI: Regulations on indemnity for loss of job[1]

Article 1 – Scope. 1

Article 2 – General principles. 1

Article 3 – Calculation of indemnity. 2

Article 4 – Fixed term contracts. 2

Article 5 – Contracts of indefinite duration.. 2

Article 6 – Successive contracts with several organisations. 2

Article 7 – Emoluments taken into consideration.. 3

Article 8 – Payment of the indemnity. 3

Article 9 – Transitional provisions. 3

Article 1 – Scope

These Regulations, issued in accordance with Article 44 of the Staff Regulations, lay down the conditions in which the Secretary General may grant an indemnity for loss of job.

Article 2 – General principles

An indemnity may be granted to a staff member who holds a firm[2] contract and whose services are terminated for any one of the following reasons:

a.         suppression of the post or position occupied by the staff member;

b.         changes of such a nature in the duties of the post or position occupied by the staff member that he or she no longer possesses the required qualifications;

c.         general staff cuts including those due to a reduction in or termination of the activities of the Council;

d.         the withdrawal from the Council of the member state of which the staff member is a national;

e.         the transfer of the headquarters of the Council or any of its units to another country and the consequent transfer of the whole staff concerned;

f.          the refusal by the staff member, where the contract does not cover the point, to be permanently transferred to a country other than that in which he or she is serving; and

·         who is not offered a post or position, as the case may be, in the same grade in the Council; or

·         who is not appointed to a vacant post in one of the other co-ordinated         organisations at a comparable remuneration; or

·         who, if employed in the public service, has not been immediately reintegrated in his or her national civil or military administration.

Article 3 – Calculation of indemnity

The method of calculating the indemnity differs as between fixed term contracts and indefinite term contracts.

Article 4 – Fixed term contracts[3]

The amount of indemnity for loss of job shall be equal to half the product of the monthly emoluments of the staff member (basic salary plus, where appropriate, the household allowance and allowance for dependent child or other dependant or, for staff members recruited on or after 1st January 2017, the basic family allowance and the dependent child supplement) multiplied by the number of months remaining up to the expiry of the term of his or her contract, provided that it shall in no case exceed:

·         five months’ emoluments in the case of a contract for three years or less;

·         eight months’ emoluments in the case of a contract for four years, or for any term between three years and four years;

·         ten months’ emoluments in the case of a contract for more than four years.

Article 5 – Contracts of indefinite duration[4]

1.         The amount of the indemnity, expressed in months or fractions of a month of emoluments (basic salary plus, where appropriate, the household allowance and allowance for dependent child or other dependant or, for staff members recruited on or after 1st January 2017, the basic family allowance and the dependent child supplement) shall be one month’s emoluments for each year of service from the date when the staff member joined the Council. However, the amount of indemnity so calculated shall be subject to a ceiling of twenty-four months. Furthermore, the amount of indemnity shall not represent a number of months, or fractions of a month, in excess of the period which the staff member would still have to serve before reaching the age-limit specified in Article 24 of the Staff Regulations.

2.         In calculating the amount of indemnity for loss of job under paragraph 1, account shall be taken, where appropriate, of any years of service previously performed by the staff member concerned in other co-ordinated organisations and in respect of which he or she has not received any indemnity for loss of job under the present regulations or the previous Regulations provided, however, that no account shall be taken of any years of service preceding:

a.         an interruption of the service of the staff member concerned with the co-ordinated organisation;

b.         the termination for disciplinary reasons of his or her services with any co-ordinated organisation.

Article 6 – Successive contracts with several organisations[5]

1.         Any staff member who has served not less than ten consecutive years with one or more co‑ordinated organisations and whose services are terminated in the conditions specified in Article 2 shall be entitled to an indemnity for loss of job under the provisions of Article 5, whatever the nature of the contract held by him or her at the time when the appointment is terminated.

2.[6]        A staff member who has served not less than ten consecutive years with one or more co-ordinated organisation and whose employment ends because the Secretary General decides not to renew his/her fixed-term contract for reasons other than underperformance shall be entitled to an indemnity for loss of job under the provisions of Article 5.

Article 7 – Emoluments taken into consideration

The emoluments to be taken into consideration when calculating the indemnity are those of which the staff member concerned was in receipt when he or she left the Council.

Article 8 – Payment of the indemnity

The indemnity shall be paid to the staff member in full at the time he or she leaves the Council.

Article 9 – Transitional provisions

Staff members serving with the co-ordinated organisations at the time when the Regulations of 19 September 1972 (Resolution Res(72)33) came into effect shall have the right to opt for the continued application to them of the previous Regulations adopted by the Committee of Ministers on 22 January 1966 (Resolution Res(66)17).



[1]  Note: as amended by Resolution Res(2005)8 of 7 September 2005, Resolution CM/Res(2013)61 of 11 December 2013, with effect from 1 January 2014 and Resolution CM/Res(2016)18 of 18 October 2016, with effect from 1 January 2017.

[2] A firm contract shall mean a contract made with a staff member on completion of the probationary period. A staff member who has held a firm contract in a Co-ordinated Organisation and who has subsequently been offered, either in that organisation or in another Co-ordinated Organisation, a contract involving a probationary period, shall be deemed to satisfy this condition if such contract is terminated during or on completion of such probationary period.

[3]  Note: as amended by Resolution CM/Res(2016)18 of 18 October 2016, with effect from 1 January 2017.

[4]  Note: as amended by Resolution CM/Res(2016)18 of 18 October 2016, with effect from 1 January 2017.

[5]  Note: as amended by Resolution CM/Res(2013)61 of 11 December 2013, with effect from 1 January 2014.

[6]  Note: added by Resolution CM/Res(2013)61 of 11 December 2013, with effect from 1 January 2014.