PART I: PREAMBLE
1. These Staff Regulations establish the fundamental principles of employment, regulate the working relationships and establish the rights and responsibilities of formally appointed employees who render their services in and receive remuneration from the Secretariat of the Commission for the Conservation and Management of Fishery Resources in the South East Atlantic (hereinafter called 'the Commission').
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.