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PART II: DUTIES, OBLIGATIONS AND PRIVILEGES
2. Members of the staff of the Secretariat, and
the Executive Secretary (hereinafter called ‘staff members’)
are international civil servants. Upon accepting their appointments
they pledge themselves to discharge their duties faithfully and to conduct
themselves with the interests of the Commission in mind.
3. For the purposes of these regulations the term ‘dependant’
shall include only:
(a) any unsalaried child, who is born of, or adopted by, a staff member,
his/her spouse, or their children, who is below the age of eighteen
years and who is dependent on a staff member or his spouse for maintenance
and continuing support;
(b) any child fulfilling the conditions laid down in paragraph (a) above,
but who is between eighteen and twenty-five years of age and is receiving
school or university education or vocational training;
(c) any handicapped child who is dependent on a staff member or his/her
spouse for maintenance and continuing support;
(d) any other child who is given a home by and is dependent on a staff
member or his/her spouse for main and continuing support;
(e) any person related by blood or marriage for whose main and continuing
support a staff member or his/her spouse is legally responsible.
4. Staff members shall at all times conduct themselves in a manner in
keeping with the international nature of the Commission. They shall
always bear in mind the loyalty, discretion and tact imposed on them
by their international responsibilities in the
performance of their duties. They shall avoid all actions, statements
or public activities that might be detrimental to the Commission and
its aims.
5. Staff members are not required to renounce either their national
feelings or their political or religious convictions.
6. In the performance of their duties, staff members may neither seek
nor accept instructions from any government or authority other than
the Commission.
7. Staff members shall observe maximum discretion regarding official
matters and shall abstain from making private use of information they
possess by reason of their position. Authorisation for the release of
information for official purposes shall lie
with the Commission or the Executive Secretary, as the case may require.
8. Staff members shall, in general, have no employment other than with
the Commission. In special cases, staff members may accept other employment,
provided that it does not interfere with their duties in the Commission,
and that prior authorisation by the Executive Secretary has been obtained.
The Commission’s prior authorisation shall be obtained in respect
of the Executive Secretary.
9. No staff member may be associated in the management of a business,
industry or other enterprise, or have a financial interest therein if,
as a result of the official position held in the Secretariat, she may
benefit from such association or interest.
10. Ownership of non-controlling stock in a company shall not be considered
to constitute a financial interest within the meaning of Regulation
9.
11. Staff members shall enjoy the privileges and immunities to which
they are entitled under the Headquarters Agreement between the Government
of the Republic of Namibia and the Commission, pursuant to Article
5 of the Convention.
PART III: HOURS OF WORK
12. The normal working day shall be eight hours,
Monday through Friday, for a total of forty hours per week.
13. The Executive Secretary shall establish the working hours, and may
alter them for the benefit of the Commission, as circumstances may require.
PART IV: CLASSIFICATION OF STAFF
14. Staff members shall be classified in either
of the two following categories:
(a) Professional Category: Positions of high responsibility of a managerial,
professional, or scientific nature. These posts will be filled by appropriately
qualified professionals, preferably with University qualifications or
the equivalent. Staff members in this category will be recruited internationally.
(b) General Services Category: Auxilliary administrative and technical
positions. Clerical, secretarial and other office personnel. Such staff
members shall be recruited in Namibia from among citizens of Members
of the Commission.
15. Persons employed under Part XI: Temporary Personnel Under Contract
shall not be classified as staff members.
PART V: SALARIES AND OTHER REMUNERATION
16. Staff members in the professional category
shall be paid at a competitive salary as determined by the Commission
and paid in Namibian Dollars.
17. Staff members in the general services category shall, in principle,
be paid at rates equivalent to those paid in the Public Service of the
Republic of Namibia for staff of equivalent qualifications and experience.
18. The salaries of staff members shall be reviewed annually by the
Commission taking into account the evolution of cost of living in the
host country and the performance of each staff member concerned.
19. The Commission shall levy from each staff members’ salary
an amount for income tax. Income tax rates shall be determined by the
Commission.
20. The Executive Secretary shall make arrangements to ensure that any
staff member who is subject to national income tax is reimbursed tax
paid on his salary. Such arrangements shall be made only on the basis
that the direct costs of reimbursement
are paid by the staff member’s home country.
21. Staff members in the professional category are not entitled to overtime
pay or compensatory leave.
22. Staff members in the general services category required to work
more than 40 hours during one week will be compensated:
(a) with compensatory leave equivalent to hours of overtime performed;
or
(b) by remuneration per overtime hour, to be estimated at the rate of
time and a half, or if the additional time is worked on a Sunday, or
on holidays listed in Regulation 37, at the rate of double time.
23. The Commission shall pay duly justified representation expenses
incurred by the Executive Secretary in the performance of his or her
duties within the limits prescribed annually in the budget.
PART VI: RECRUITMENT AND APPOINTMENT
24. In accordance with Article
11 of the Convention, the Commission shall appoint an Executive
Secretary and shall establish the remuneration and such other entitlements
as it deems appropriate. The Executive Secretary’s term of office
shall be for four
years and the Executive Secretary may be eligible for reappointment.
25. In accordance with Article
11 of the Convention, the Executive Secretary shall appoint, direct,
and supervise staff. The paramount consideration in the appointment,
transfer or promotion of the staff shall be the necessity for securing
the
highest standards of efficiency, competence and integrity.
26. Offers of appointment to the Secretariat are subject to the persons
selected undergoing a medical examination and presenting a certificate
stating that they have no medical condition which might prevent them
from performing their duties, or
which might endanger the health of others.
27. Upon selection, each staff member shall receive an offer of appointment
stating:
(a) that the appointment is subject to the staff regulations applicable
to the category of appointment in question, and to changes which may
be duly made in such regulations from time to time;
(b) the nature of the appointment;
(c) the date on which the staff member is required to commence duty;
(d) the period of appointment, the notice required to terminate it and
the period of probation;
(e) the category and commencing rate of salary;
(f) any special terms and conditions that may be applicable.
28. Together with the offer of appointment, staff members shall be provided
with a copy of these Regulations. Upon acceptance of the offer staff
members shall state in writing that they are familiar with and accept
the conditions set out in these
Regulations.
29. Staff members in the professional category may be required to undergo
further medical examination from time to time as determined by the Executive
Secretary or the Commission as the case may require. The medical examinations
shall be at the
expense of the Commission.
PART VII: LEAVE
30. Staff members shall be entitled to annual
leave at the rate of two and half workdays for each full month of service.
Annual leave is cumulative, but at the end of each calendar year, not
more than 30 workdays may be carried over to the following year.
31. The taking of leave shall not cause undue disruption to normal Secretariat
operations. In accordance with this principle, leave dates shall be
subject to the needs of the Commission. Leave dates shall be approved
by the Executive Secretary who shall, as far as possible, bear in mind
the personal circumstances, needs and preferences of staff members.
32. Annual leave may be taken in one or more periods.
33. Any absence not approved within the terms of these Regulations shall
be deducted from annual leave.
34. Staff members who, upon termination of their appointment, have accumulated
annual leave that has not been taken shall receive the cash equivalent
estimated on the basis of the last salary received.
35. After 18 months of service the Commission shall, in accordance with
Regulations 49 to 51, pay travel expenses to the staff member’s
home country on annual leave for internationally recruited staff members
and their dependants. Following this,
home leave shall be granted at two year intervals provided that:
(a) dependants who benefit from this Commission grant have resided at
Walvis Bay for at least 6 months prior to travel;
(b) it is expected that staff members will return to the Secretariat
to continue rendering their services for a minimum additional period
of 6 months.
36. The possibility of combining travel to home country on leave with
official travel in Commission service may also be considered, provided
the interests of the Commission are duly borne in mind.
37. Staff shall be entitled to the holidays celebrated traditionally
in Namibia, i.e.:
• 1 January New Year’s Day
• 21 March Independence Day
• Good Friday
• Easter Monday
• 1st May Worker’s Day
• 4 May Cassinga Day
• 20 May Ascension Day
• 25 May Africa Day
• 26 August Heroes’ Day
• 10 December Human Rights Day
• 25 December Christmas Day
• 26 December Family Day
38. If under special circumstances members of the staff are required
to work on one of the aforementioned days, or if any one of the above
holidays falls on a Saturday or Sunday, the holiday shall be observed
on another day to be set by the Executive
Secretary, who shall take into account the needs of the Commission.
PART VIII: SOCIAL SECURITY
39. It is a condition of employment that each
staff member will contribute to a recognized retirement fund and have
adequate medical, hospital, life and disability insurance cover. Such
insurance cover shall include adequate provision for dependants.
40. Staff members shall not be granted sick leave for a period of more
than three consecutive days and more than a total of seven working days
in any calendar year without producing a medical certificate.
41. Staff members shall be granted certified sick leave not exceeding
twelve months in any four consecutive years. The first six months shall
be on full salary and the second six months on half salary, except that
no more than four months on full salary shall normally be granted in
any period of twelve consecutive months.
42. After six months of employment in the Secretariat staff members
shall be entitled to maternity leave. On the basis of medical advice
that the confinement will probably take place within six weeks, staff
members shall be entitled to be absent from duty
until eight weeks after confinement. During this period staff members
shall receive full pay and corresponding allowances.
43. In the event of death of a staff member following illness or surgery
not resulting from an accident covered by the appropriate insurance,
the right to salary and any applicable benefits shall cease on the day
on which death occurs, unless the
deceased leaves dependants, in which case these shall be entitled to
mortality allowances and return travel and removal expenses to country
of origin or former residence at the expense of the Commission.
44. Eligibility of the dependants of a deceased staff member for the
payment of return travel and removal expenses shall lapse if the travel
is not undertaken within six months of the date of the staff member’s
death.
45. The above mortality allowance for death shall be calculated in accordance
with the following scale:
Years of service Months of net base pay salary following death
Less than 3 years 3 months
3 years and more, but less than 7 years 4 months
7 years and more, but less than 9 years 5 months
9 years and more 6 months
46. The Commission shall pay for transport of the staff member’s
body from the place of death to the place designated by the next of
kin.
PART IX: TRAVEL
47. All official travel shall be authorised by
the Executive Secretary in advance within the limits of the budget,
and the itinerary and traveling conditions shall be those best suited
for maximum effectiveness in the fulfillment of duties assigned
48. With regard to official travel, a travel allowance, generally consistent
with United Nations practice, shall be paid in advance for fares, accommodation,
and daily living expenses.
49. Economy class shall be utilised, wherever feasible, for air travel.
50. First class may be utilised for land travel, but not for travel
by sea or air.
51. Following completion of a duty journey, staff members shall repay
any travel allowances to which, in the event, they were not entitled.
Where staff members have incurred expenses above and beyond those for
which travel allowances have been
paid, they shall be reimbursed, against receipts and vouchers, as long
as such expenses were necessarily incurred in pursuit of their official
duties.
52. On taking up an appointment in the Professional Category staff members
shall be eligible for:
(a) payment of economy class air fares (or equivalent) and travel allowance
for themselves, their spouses and dependants to Walvis Bay;
(b) an Installation Grant equivalent to one month net salary;
(c) payment of removal costs, including the transport of personal effects
and household goods from place of residence to Walvis Bay, subject to
a maximum volume of 30 cubic metres or one international standard shipping
container;
(d) payment or reimbursement of sundry other expenses related to relocation,
including insurance of goods in transit and excess baggage charges.
Such payment shall be subject to prior approval by the Executive Secretary.
53. Staff members who, in the course of their duty, are required to
use private motor vehicles for official travel purposes shall, with
the prior authorisation of the Executive Secretary, be entitled to receive
a reimbursement of the costs involved in
line with that available to members of the Government Service in Namibia.
The costs associated with normal daily travel to and from place of work
shall not be reimbursed.
PART X: SEPARATION FROM SERVICE
54. Staff members may resign at any time upon
giving three months notice or such lesser period as may be approved
by the Executive Secretary or the Commission, as the case may require.
55. In the event of a staff member resigning without giving the required
notice, the Commission reserves the right to decide whether repatriation
expenses or any other allowance shall be paid.
56. Appointment of staff members may be terminated upon prior written
notice at least three months in advance, by the Executive Secretary
when he or she deems this to be for the benefit of the Commission due
to restructuring of the Secretariat or if she or he considers that the
staff member does not give satisfactory service, fails to comply with
the duties and obligations set out in these Regulations, or is incapacitated
for service.
57. In the event of separation from service with the Secretariat, staff
members shall be compensated at a rate of one-month base pay for each
year of service, beginning the second year, unless the cause of termination
has been gross dereliction of duties.
58. On separation from service, a staff member shall, subject to Regulation
59 below, be entitled to the following:
(a) payment of economy class air fares (or equivalent) to the staff
member’s country of origin or former residence, for the staff
member and dependent members of his family;
(b) payment of removal costs, including the transport of personal effects
and household goods from place of residence in Walvis Bay to the country
of origin or former residence, subject to a maximum volume of 30 cubic
metres or one international shipping container;
(c) a repatriation allowance equivalent to one month net salary.
59. At the discretion of the Executive Secretary, the right to the repatriation
expenses may be cancelled or reduced appropriately if:
(a) less than one year has elapsed between the date of taking up the
appointment and the date of separation from service;
(b) the reason for separation from service was termination of employment
due to gross dereliction of duty;
(c) more than six months has elapsed between the staff member’s
separation from service and his return to his country of origin or former
residence;
(d) less than six months has elapsed since the staff member last visited
his country of origin or former residence on home leave at the expense
of the Commission; or
(e) the staff member has applied for or received status as a permanent
resident of Namibia.
PART XI: TEMPORARY PERSONNEL UNDER CONTRACT
60. The Executive Secretary may contract temporary
personnel necessary to discharge special duties in the service of the
Commission. Such personnel shall be classified as additional help and
may be paid on an hourly basis.
61. Persons in this category may include translators, interpreters,
typists, and other persons contracted for meetings, as well as those
whom the Executive Secretary contracts for a specific task. Whenever
possible, persons resident in Namibia shall
be utilised in such cases.
PART XII: APPLICATION AND AMENDMENT
REGULATIONS
62. Any doubts arising from application of these
Regulations shall be resolved by the Executive Secretary following consultation
with the Chairperson of the Commission.
63. All matters not foreseen in these Staff Regulations shall be brought
to the attention of the Commission by the Executive Secretary.
64. Subject to the provisions of the Convention, these Regulations may
be amended by the Commission in accordance with its Rules of Procedure.
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