Rule No. 1275 of 18 April 2007 on the application of certain internal legal instruments to temporary staff members of the Council of Europe[1]

The Secretary General of the Council of Europe,

HAVING REGARD to Committee of Ministers Resolutions Res(2005)5E, Res(2005)6E, Res(2005)7E and Res(2005)8E adopted on 7 September 2005, instituting a new contractual policy for the Organisation;

CONSIDERING, accordingly, that the temporary staff members of the Council of Europe now comprise:

§            temporary staff members covered by Rule No. 1232;

§            temporary staff members covered by Rule No. 821 as amended by Rule No. 1233;

§            locally recruited temporary staff members working in information and field offices covered by Rule No. 1234;

§            conference interpreters paid on a daily basis covered by Rule No. 1201;

NOTING that certain existing internal legal instruments reproduced in the appendix refer to the temporary staff members of the Council of Europe;

CONSIDERING that, where other such instruments are concerned, it should be specified or confirmed which of these are also applicable to temporary staff members;

HAVING CONSULTED the Staff Committee, in accordance with Article 5 paragraph 3 of the Regulations on staff participation (Appendix I to the Staff Regulations);

D E C I D E S:

1. Within the meaning of the present Rule, the term "temporary staff members" encompasses all the following four categories:

§            temporary staff members recruited from 1 January 2006 onwards (short-term temporary monthly "M" and daily "J" contracts) covered by Rule No. 1232;

§            temporary staff members covered by Rule No. 821 (long-term "TLD", and short-term monthly "M" and daily "J" temporary contracts) as amended by Rule No. 1233;

§            locally recruited temporary staff members working in information and field offices covered by Rule No. 1234;

§            conference interpreters paid on a daily basis covered by Rule No. 1201.

2. The present Rule does not alter the possible applicability or non-applicability to temporary staff members of the legal instruments it does not mention. It does not affect the legally acquired rights of staff members benefiting from any existing decisions of application and does not alter situations currently subject to proceedings before judicial bodies.

3. The instruments applicable to the temporary staff members of the Council of Europe shall be:

The following Rules:

§  Rule No. 1236 of 14 December 2006 on secondary activities of staff members and on publications and lectures dealing with subjects relating to the activities of the Organisation;

§            Rule No. 1237 of 25 July 2006 on statements relating to the activities of the Organisation made by staff members to the media;

§            Rule No. 1238 of 14 December 2006 on access to a staff member’s personal administrative file;

§            Rule No. 1121 of 1 April 2003 on hazard allowance for staff members on official journeys ("missions") or who are locally recruited to work in zones where hazardous conditions prevail;

§            Rule No. 981 of 1 July 1997 on the Directory of Council of Europe staff members ("trombinoscope"), except for temporary staff members on daily "J" contracts and conference interpreters paid on a daily basis.

The following Instructions:[2]

§            Instruction No. 54 of 4 February 2006 on the organisation of official journeys undertaken by staff members as amended by Instruction No. 56 of 16 November 2006;[3]

§            Instruction No. 38 of 19 May 1998 on the Supervisory Board, where it is competent in respect of measures concerning temporary staff members;

§            Instruction No. 31 of 1 October 1993 on the use of official cars;

§            Instruction No. 30 of 30 July 1993 on the application of Article 2.1 of the Regulations on part-time work.  However, the application of this instruction may not be interpreted as conferring an entitlement to benefit from the Pensions regime upon temporary staff members, for whom that entitlement is ruled out by the statutory provisions specifically applying to them.

The following Office circulars:

§            Office circular No. 698 of 12 July 2001 on shift work for the document reproduction centres;

§            Office circular No. 691 of 12 June 1997 on shift work for the document reproduction centres;

§            Office circular No. 690 of 11 December 1995 on shift work for the document reproduction centres;

§            Office circular No. 688 of 6 October 1993 on drivers' working time;

§            Office circular No. 677 of 14 March 1988 on working hours;

§            Office circular No. 659 of 3 November 1982 on the working hours of ushers;

However, with the exception of staff members on long-term temporary contracts, application of Office circulars Nos. 698, 691, 690, 688, 677 and 659 may not be interpreted as conferring upon temporary staff an entitlement to payment of overtime;

§            Office circular No. 695 of 30 August 2000 on shift work in the information technology department;

§            Office circular No. 684 of 18 March 1991 on notification of changes to staff circumstances;

§            Office circulars No. 643 of 24 September 1980, No. 457 of 18 December 1969 and No. 220 of 28 December 1955 on the intervention of influential persons in the career of staff members.  However, application of the third sentence of circular No. 220 may not be interpreted as creating a new disciplinary measure for staff members for whom it is ruled out by the statutory provisions specifically applying to them.

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

Strasbourg, 18 April 2007

The Secretary General

 

Terry DAVIS

           

APPENDIX

The following legal instruments refer to temporary staff members of the Council of Europe. These instruments are applicable to them in whole or in their relevant parts.

Rules

§            Rule No. 1267 of 20 January 2007 prohibiting smoking inside all Council of Europe buildings;

§            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;

§            Rule No. 1233 of 15 December 2005 laying down transitional measures following the adoption of Rule No. 1232 and amending Rule No. 821;

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

§            Rule No. 1204 of 13 January 2005 on the special allowance granted to the Hungary office permanent and temporary staff members;

§            Rule No. 1203 of 16 November 2004 on staff contributions towards collective insurance premiums;

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

§            Rule No. 1165 of 20 October 2003 on the Articles of Agreement of the Staff Amicale of the Council of Europe as amended by Rule No. 1261 of 16 October 2006;

§            Rule No. 1134 of 8 February 2005 on mediation;

§            Rule No. 1093 of 29 March 2004 on the Equal Opportunities Board;

§            Rule No. 1083 of 21 May 2002 on the Committee for Health and Safety (CHS) regulations;

§            Rule No. 1082 of 24 September 2001 establishing Rules for withholding from staff members’ salaries and repayment of deposits relating to special residence permits and registration of cars in the special series;

§            Rule No. 1062 of 1 June 2001 establishing the Rules of procedure of the Advisory Committee on Disputes as amended by Rule No. 1200 of 18 November 2004;

§            Rule No. 821 of 1 December 1992 laying down 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;

§            Rule No. 883 of 22 December 1994 providing for the payment of a capital sum in the event of death or permanent, total disablement, on the understanding that this Rule applies solely to staff on long-term temporary contracts;

§            Rule No. 203 of 18 January 1954 making application of Article 18 of the General Agreement on Privileges and Immunities to permanent and temporary staff members of the Council of Europe.

Instructions

§  Instruction No. 51 of 10 June 2006 on internal inquiries;

§            Instruction No. 47 of 28 October 2003 on the use of the Council of Europe’s Information System;

§            Instruction No. 45 of 1 April 2003 on staff members on long-term official journeys (“missions”) as amended by Instruction No. 48 of 29 March 2004;

§            Instruction No. 44 of 7 March 2002 on the protection of human dignity at the Council of Europe;

§            Instruction No. 39 of 25 June 1999 on public access to documents issued with a security classification;

§            Instruction No. 37 of 23 September 1998 on the operation of the medical service and medical examinations of staff members;

§            Instruction No. 33 of 1 June 1994 concerning the use of non-sexist language at the Council of Europe;

§            Instruction No. 16 of 24 February 1978 on the introduction of flexible working hours in the Council of Europe secretariat and arrangements for their application as amended by Instruction No. 55 of 5 October 2005.

Office circulars

§            Office circular No. 685 of 4 May 1991 on public holidays at the Council of Europe.