Rule No. 1279 of 13 July 2007 amending Rules: No. 821 laying down the conditions of recruitment and employment of temporary staff; No. 1232 laying down the conditions of recruitment and employment of temporary staff members from 1 January 2006; No. 1234 laying down the conditions of recruitment and employment of locally recruited temporary staff members working in Information and Field Offices; No. 1201 specifying the conditions of employment of conference interpreters paid on a daily basis

The Secretary General of the Council of Europe,

HAVING REGARD to Rule No. 821 of 1 December 1992 on the conditions of recruitment and employment of temporary staff, as amended by Rules Nos. 840 of 1 October 1993, 886 of  25 April 1995, 1008 of 10 May 1999, 1085 of 5 November 2001, 1087 of 19 December 2001, 1091 of 12 March 2002, 1100 of 30 May 2002, 1124 of 30 September 2002 and 1233 of 15 December 2005;

HAVING REGARD to Rule No. 1232 of 15 December 2005 laying down the conditions of recruitment and employment of temporary staff members from 1 January 2006;

HAVING REGARD to Rule No. 1234 of 15 December 2005 laying down the conditions of recruitment and employment of locally recruited temporary staff members working in Information and Field Offices;

HAVING REGARD to Rule No. 1201 of 24 November 2004 specifying the conditions of employment of conference interpreters paid on a daily basis;

HAVING REGARD to Article 46 of the Staff Regulations on personal administrative files;

HAVING REGARD to Part VI of the Staff Regulations on discipline and the Regulations on Disciplinary Proceedings (Appendix X to the Staff Regulations);

HAVING REGARD to Article 40 of the Financial Regulations stipulating that all commitments must be subject of a reservation of funds in the accounting management system prior to the act that gives rise to the expenditure;

CONSIDERING it necessary to amend Rules Nos. 821, 1232, 1234 and 1201 so as to include the provisions relating to personal administrative files and those relating to discipline;

CONSIDERING it unnecessary to have provisions on cases where temporary staff members’ employment contracts are terminated or not renewed because the budgetary appropriations are unavailable;

HAVING CONSULTED the Staff Committee in accordance with Article 5 of the Regulations on Staff Participation (Appendix I to the Staff Regulations);

D E C I D E S:

Article 1 – Temporary staff governed by Rule No. 821

1.       The following shall apply to temporary staff members governed by Rule No. 821:

§  the provisions of Article 46 of the Staff Regulations on personal administrative files;

§            the provisions of Part VI of the Staff Regulations on discipline, it being understood that sub-paragraphs c) and d) of paragraph 2 of Article 54 do not apply to short-term temporary staff members;

§            the provisions of the Regulations on Disciplinary Proceedings (Appendix X to the Staff Regulations).

2.       Accordingly:

§  the provisions referred to above shall be added to the text of paragraph 3 of  Part II of Rule No. 821;

§  the text of paragraph 6.1 a. shall henceforth be worded:

“without prior notice, where the termination has been imposed as a disciplinary measure in the manner prescribed by the provisions of Part VI of the Staff Regulations and the Regulations on Disciplinary Proceedings (Appendix X to the Staff Regulations)”;

§  the text of paragraph 6.1 b. shall henceforth be worded:

“without prior notice, if they knowingly made false statements in their application for employment or at the time of their engagement”;

§  sub-paragraph b. of the present paragraph 6.1 shall become sub-paragraph c.;

§  the text of para 6.2 shall be amended as follows:

The terms “In such cases” shall be replaced by the terms “In the cases referred to in paragraph 6.1 b. and c. above”.

3.       The present sub-paragraph c. of paragraph 6.1 shall be repealed.

Article 2 – Temporary staff governed by Rule No. 1232

1.       The following shall apply to temporary staff members governed by Rule No. 1232:

§  the provisions of Article 46 of the Staff Regulations on personal administrative files;

§            the provisions of Part VI of the Staff Regulations on discipline, with the exception of Article 54 paragraph 2 c) and d);

§            the provisions of the Regulations on Disciplinary Proceedings (Appendix X to the Staff Regulations).

2.       Accordingly:

§  the provisions referred to above shall be added to the text of paragraph 2.1 of Part II of Rule No. 1232;

§  the text of paragraph 4.1 a. shall henceforth be worded:

“without prior notice, where the termination has been imposed as a disciplinary measure in the manner prescribed by the provisions of Part VI of the Staff Regulations and the Regulations on Disciplinary Proceedings (Appendix X to the Staff Regulations)”;

§  the text of paragraph 4.1 b. shall henceforth be worded:

“without prior notice, if they knowingly made false statements in their application for employment or at the time of their engagement”;

§  sub-paragraph b. of the present paragraph 4.1 shall become sub-paragraph c.;

§  the text of para 4.2 shall be amended as follows:

The terms “In such cases” shall be replaced by the terms “In the cases referred to in paragraph 4.1 b. and c. above”.

3.       The present sub-paragraph c. of paragraph 4.1 shall be repealed.

Article 3 – Temporary staff governed by Rule No. 1234

1.       The following shall apply to temporary staff members governed by Rule No. 1234:

§  the provisions of Article 46 of the Staff Regulations on personal administrative files;

§  the provisions of Part VI of the Staff Regulations on discipline;

§            the provisions of the Regulations on Disciplinary Proceedings (Appendix X to the Staff Regulations).

2.       Accordingly:

§  the provisions referred to above shall be added to the text of paragraph 4 of Part II of Rule No. 1234;

§  the text of paragraph 8 a. shall henceforth be worded:

“without prior notice, where the termination has been imposed as a disciplinary measure in the manner prescribed by the provisions of Part VI of the Staff Regulations and the Regulations on Disciplinary Proceedings (Appendix X to the Staff Regulations)”;

§  the text of paragraph 8 b. shall henceforth be worded:

“without prior notice, if they knowingly made false statements in their application for employment or at the time of their engagement”;

§  sub-paragraph b. of the present paragraph 8 shall become sub-paragraph c.;

§  the text of paragraph 9 shall be amended as follows:

The terms “In such cases” shall be replaced by the terms “In the cases referred to in paragraph 8 b. and c. above”.

3.       The present sub-paragraph c. of paragraph. 8 shall be repealed.


Article 4 – Temporary staff governed by Rule No. 1201

1.       The following shall apply to conference interpreters paid on a daily basis:

§  the provisions of Article 46 of the Staff Regulations on personal administrative files;

§  the provisions of Part VI of the Staff Regulations on discipline[1];

§            the provisions of the Regulations on Disciplinary Proceedings (Appendix X to the Staff Regulations).

2.         Accordingly:

§  the provisions referred to above shall be added to the text of Article 4 of Rule No. 1201;

§  a new Article 5 shall be added to Rule No. 1201 and shall be worded:

“5.1 The employment contracts of conference interpreters paid on a daily basis may be terminated by the Secretary General:

a)  without prior notice, where the termination has been imposed as a disciplinary measure in the manner prescribed by the provisions of Part VI of the Staff Regulations and the Regulations on Disciplinary Proceedings (Appendix X to the Staff Regulations);

b) without prior notice, if they knowingly made false statements in their application for employment or at the time of their engagement;

c) with the requisite notice and after a written warning, for manifest unsuitability or unsatisfactory work on their part; no written warning shall be issued before the conference interpreters paid on a daily basis concerned have been heard by the Director of Human Resources of the Directorate of Administration and Logistics; at their meeting with the Director of Human Resources, the conference interpreters paid on a daily basis concerned may be assisted by a person of their own choice.

5.2     In the cases referred to in Article 5 b and c above, the decision to terminate a contract, which shall be accompanied by reasons, shall be taken after the conference interpreters paid on a daily basis concerned have been heard by the Director of Human Resources and given an opportunity to consult their file. At their meeting with the Director of Human Resources, the conference interpreters paid on a daily basis concerned may be assisted by a person of their own choice.”

§  Articles 5 to 9 of the present Rule shall become Articles 6 to 10.


Article 5 – Entry into force

This Rule shall enter into force on the first day of the month following its signature by the Secretary General.

Strasbourg, 13 July 2007

The Secretary General

Terry DAVIS



[1] Note: the following words have been mistakenly omitted from the English original text: "with the exception of Article 54 paragraph 2 c), d) and e)".