Foreword
These Draft Staff Regulations of the Intergovernmental Network of Aquaculture Centres in Asia and the Pacific (NACA) are submitted for the consideration and decision of the Provisional Governing Council at its Third Meeting. The Agreement on NACA was drawn largely on INFOFISH, with which organization NACA has many similarities. Hence the major portion of this draft has been adapted from the staff rules of INFOFISH, which was transformed from an FAO project to an intergovernmental organization a few years ago.
For the purpose of these regulations:
“Organization” means the intergovernmental organization for the Network of Aquaculture Centres in Asia and the Pacific (NACA).
“Agreement” means the agreement for the establishment of NACA.
“Member Country” means a country which is a member of NACA.
“Council” means the Governing Council of NACA.
“Coordinator” means the Coordinator of NACA.
“Employee” means any person who is employed by the Organization whether by contract or otherwise but does not include short-term consultants or persons paid a fee.
“Local employee” means any Employee who is a citizen or permanent resident of Thailand.
“Overseas-recruited employee” means any Employee other than a Local Employee.
“Support staff” means all Employees engaged in the general-service category which includes sub-professional, secretarial, clerical and other general service duties.
“Professional staff” means all Employees other than Support staff.
“Dependent child” means an unmarried child of an Overseas-recruited employee who is under the age of 19 years if enrolled in and undertaking full-time secondary studies, or under the age of 26 if enrolled in and undertaking full-time studies from a university or similar institution, and is financially dependent on that Employee.
“Overtime” means the number of hours worked in any one day/week/month in excess of the normal number of working hours stipulated in Rule 6.3.
“Leave” means any period during which an Employee of the Organization is permitted to absent himself from duty.
Scope and Purpose
The Staff Regulations embody the fundamental conditions of service and the basic rights, duties and obligations of the staff of NACA. They represent the broad principles of personnel policy for the staffing and administration of the Organization as approved by the Council. The Coordinator, as the Chief Administrative Officer, shall establish such additional staff rules as he considers necessary to implement the Staff Regulations.1. Duties, Responsibilities and Privileges of Staff
1.1 Outside activities and interests
1.1.1 No Employee may at any time be engaged in any activity or in any occupation inconsistent with the interests or activities of the Organization.
1.2 Disclosure of information
1.2.1 No employee is to disclose interests and other activities of the Organizations to the press, radio or other public media. Such communications are only to be released by the Director or through his specific directions. Any Employee who contravenes this rule may be subject to disciplinary action.
1.2.2 No Employee is to participate in talks or issue statements to the press or other public media or accept invitations to broadcast on any subject which have relevance to the business of the Organization, without obtaining prior permission from the Coordinator.
1.2.3 In general, no information, views or actions pertaining to the Organization should be discussed with anybody who does not have a need to know in terms of their role and relationship with the Organization without the prior approval of the Coordinator. At all times, Employees must use their judgment in conveying information or talking about the work of the Organization to ensure confidentially is preserved.
1.3 Privileges and immunities
1.3.1 Employees shall be entitled to privileges and immunities in accordance with the Privileges and Immunities between the Organization and the Royal Thai Government. Such privileges and immunities shall not be accorded to any representative, national or permanent resident of Thailand.
2. Classification of Posts and Staff
2.1 The Coordinator shall make provisions for the classification of posts and staff according to the nature of duties and responsibilities required and provide qualifications and post profiles for the position of Coordinator or all professional positions for the approval of the Governing Council.
2.2 Posts in the Organization shall be classified into three categories namely:
Coordinator
Professional staff
Support staff
2.3 Subject to the availability of funds, the Coordinator may, for a special purpose, establish posts on a temporary basis at such monthly salary commensurate with the duties and responsibilities which attach to the post, provided that any such post shall not exceed six months.
3. Salaries and Allowances
3.1 The salary scales and allowances of the Organization shall be determined:
in the case of the Coordinator, by the Council;
in the case of the Employees, by the Council on the recommendation of the Coordinator.
3.1.2 Local employees shall be paid basic salaries only. They shall be eligible for allowances for duty travel as prescribed in these Regulations.
3.1.3 Overseas-recruited employees shall be paid a basic salary and an overseas allowance (dislocation allowance) at the following rates:
at unaccompanied rates of US$2,400 for post levels 1 and 2; and US$2,850 for post level 3;
at accompanied rates of US$3,000 for post levels 1 and 2; and US$3,600 for post level 3.
3.1.4 The salary scales shall form Annex I to these Staff Regulations.
3.1.5 An education grant for each dependent child may be provided as reimbursement for school and boarding fees up to a maximum of US$2,500 per annum per child, but not to exceed actual costs.
3.1.6 The Coordinator shall be entitled to an entertainment allowance not exceeding US$1,000 per annum.
3.1.7 A comprehensive salary review for all positions will be carried out from time to time but at least every three years. Overall approval of such a review is required of the Council. This review will look into relativities within the Organization to see that salary levels are adequate to meet the recruitment and retention needs of the Organization.
3.2 Salary increments
3.2.1 An Employee shall be eligible for one step increment within his salary scale after twelve months of very satisfactory performance. In the case of superior or outstanding performance demonstrated consistently within a twelve months' period of consecutive service two steps may be awarded.
3.2.2 The Coordinator may stop or defer any annual increment for such period not exceeding six months on the ground of unsatisfactory performance of duties.
3.2.3 Where the increment of an Employee has been stopped for a period of time his incremental date shall not be altered and he shall be allowed to draw his next increment on the date normally due.
3.2.4 Where the increment of an Employee has been deferred for a period of time, his incremental date shall be altered to the date on which he is allowed to commence drawing the increment after the period of deferment.
3.2.5 The date from which the first increment will be drawn will be calculated as follows:
If the date of the appointment is the first working day of a month, the incremental date will be the first day of that month.
In other cases, the incremental date will be the first date of the succeeding month.
3.2.6 In the event that an Employee obtains qualifications higher than those specified for his appointment but which are relevant to his work and/or shows outstanding performance in his duties, the Coordinator may recommend to the Council for suitable accelerated increments in respect of that Employee.
3.3 Methods of payment
3.3.1 Salaries and allowances due to Employees of the Organization shall be paid at the end of each calendar month.
3.3.2 Deductions from salaries and allowances shall be made for any indebtedness to the organization or any other institutions which are authorized by any written law to make deductions.
3.3.3 Under special circumstances and when deemed necessary, the Coordinator may make advance payment of salaries and allowances for that month.
4. Appointments and Promotions
4.1 The Coordinator shall be appointed by the Council in accordance with Article 12 of the Agreement of the Organization for a period of five years and upon such other terms and conditions as the Council may approve.
4.2 The Coordinator shall appoint Professional and Support staff to fill any vacant post. Support staff posts shall be filled by the appointment of persons who are nationals of the host country. Nevertheless, if no such persons who are suitably qualified are available, nationals of any Member Country and resident in any Member Country may be appointed. Such persons shall not receive payment or reimbursement from the Organization for transportation of personal effects or for travel expenses in respect of himself or any of his recognized dependents in connection with appointments, home leave or separation.
4.3 A candidate selected for appointment as the Coordinator of the Organization shall receive a Letter of Appointment signed by the Chairman of the Council, specifying the terms and conditions of his appointment. In the case of appointment of Employees, a Letter of Appointment shall be signed by the Coordinator specifying the terms and conditions of their appointment.
4.4 All candidates for appointments shall undergo medical examination at the expense of the Organization either by a government medical practitioner or a registered medical practitioner designated by the Organization to certify that the candidate is free from any defect or disease likely to interfere with the proper discharge of his duties.
4.5 There shall be annexed to the Letter of Appointment, a copy of the Staff Regulations as well as a medical examination form.
4.6 In accepting the appointment, a candidate shall declare in writing that he accepts the terms and conditions of the appointment.
4.7 The Letter of Appointment, with its annexes duly completed and certified, and the Letter of Acceptance duly signed, shall constitute his contract of employment.
4.8 The appointment of an Employee shall take effect from the date on which he assumes duty and he shall draw salary from that date.
4.9 An Employee shall be eligible for confirmation:
upon completion of one year of service for Professional staff;
upon completion of six months of service for Support staff.
4.10 At the end of the first year of appointment, or at any time thereafter, a report of the performance and conduct of an Employee shall be made by the Coordinator, or such other Employees to whom the Coordinator shall have expressly designated his authority in respect of any Employee.
4.11 Where an unsatisfactory report has been made, an Employee shall be given the opportunity of discussing with the Coordinator the report made on him under Rule 4.10 before any action should be taken under Rule 3.2.2.
4.12 An Employee of the Organization is required to perform and discharge the duties of his appointment and shall devote his whole time and attention to such duties and shall obey the lawful orders and directions of the Organization, his immediate Supervisor to whom he is responsible, and any other duties which he may be called upon to perform.
4.13 All appointments under the service of the Organization are non-pensionable. Employees of the Organization may be required to contribute monthly to the Employees Provident Fund at such rates as prescribed under Rule 10.1.1.
5. Separation from Service
Grounds for separation from service are as follows:
Resignation
Termination
Retirement
Death
5.1 Resignation
5.1.1 The Coordinator may resign from the Organization subsequent to giving six months' advance notice in writing. Should compelling reasons prevent him from tendering such notice he shall pay two months' salary and allowances to the Organization in lieu thereof.
5.1.2 An Employee may resign from the Organization upon giving the Coordinator advance notice in writing as follows:
For Professionals three months' notice if an Employee is confirmed in his appointment.
For Support staff one month's notice if an Employee is confirmed in his appointment.
One month's notice if an Employee is on probation.
5.1.3 In lieu of the requisite period of notice, the Employee concerned shall pay a month's salary and allowances to the Organization.
5.2 Termination
5.2.1 The Coordinator may propose to the Council to terminate the appointment of an Employee if either the necessities of the service require abolition of the post or reduction of the staff or if the services of the individual cease to be satisfactory, or if he, for reasons of health, is incapacitated for further service. In the case of the Support staff, such action shall be taken at the discretion of the Coordinator.
5.2.2 An Employee whose appointment is terminated shall be entitled to notice as follows:
Three months' notice, if the Employee has been confirmed in his appointment.
One month's notice, if the Employee is on probation.
5.2.3 In lieu of the requisite period of notice, the Organization shall pay the Employee concerned one month's salary and allowances.
5.2.4 If there are reasonable grounds to believe that an Employee is involved in the misappropriation of the Organization's funds or that he has been guilty of serious misconduct, the Coordinator may suspend the Employee forthwith for a period of up to 90 days, with 50 per cent or without pay in very grave cases. The Employees may appeal this decision to the Coordinator within 15 days of receiving notice thereof. Within 15 days of receiving the appeal, the Coordinator shall appoint two independent persons to conduct an inquiry during which the Employee shall be heard. They shall submit a report, including a recommendation, to the Coordinator within 30 days after their appointment. Within 15 days thereafter the Coordinator shall decide whether to reinstate the Employee or to confirm the dismissal with or without notice of payment in lieu thereof, and in cases of misappropriation, whether to request that the appropriate authorities initiate criminal proceedings.
5.3 Retirement
5.3.1 The normal retirement age shall be 60.
5.4 Death
5.4.1 In the event of the death of an Employee, the Council shall determine on the recommendation of the Director whether a gratuity should be paid to the next-of-kin and if so, the amount of such gratuity.
5.5 Hand-over of responsibilities
5.5.1 An Employee of the Organization upon resignation, termination or retirement shall be required to effect a smooth hand-over of his responsibilities including the Organization's properties and documents in his possession prior to the effective date and prior to the release of his final emoluments.
6. Holidays and Hours of Work
6.1 The Organization shall adopt the official holidays designated by the United Nations for UN agencies in the host country.
6.2 At the beginning of each calendar year, the dates of these official holidays will be communicated by the Coordinator to the Employees in an office circular.
6.3 The number of working hours of the Organization shall be 40 hours per week.
7. Overtime
7.1 Employees may be required to work overtime by the Coordinator or their immediate Supervisors, when exigencies of the service so require.
7.2 Employees may also be required to work on official holidays' when exigencies of the service so demand.
7.3 Work performed on an official holiday shall be treated as overtime. Nevertheless, if the Coordinator sets another working day to be observed as a holiday instead, time worked on the official holiday shall not be treated as overtime except such time as may be worked in excess of the normal working hours stipulated in Rule 6.3.
7.4 Support staff who are required to work in excess of the established working hours shall be given compensatory time off, only if such overtime work was approved in advance.
8. Leave
8.1 Leave
8.1.1 It is a condition of all leave granted, except leave on medical grounds, that its grant is subject to the exigencies of the service and may at any time be rescinded by the Coordinator who is the approving authority.
8.1.2 An Employee who is absent without leave shall be required to show cause of absence.
8.1.3 Leave which may be granted to Employee is classified under the following headings:
Leave granted in respect of service, namely, annual leave.
Leave on medical grounds, namely, sick leave, and extended medical leave.
Home leave for the Coordinator and the Professional staff who are not nationals of the host country where the Organization is located.
Special leave for Employees for purpose of further study and research or for any important reason.
8.2 Annual leave
Annual leave is leave on full pay granted in respect of qualifying service in any one calendar year.
8.2.1 Annual leave shall be calculated for all Employees at the rate of 2.5 working days for each calendar month of qualifying service or pro-rata for any uncompleted month.
8.2.2 All Employees, other than Overseas-recruited employees, should take annual leave in the year in which it accrues. Leave is not to be accumulated from one year to another without specific authority from the Coordinator, who can approve the carryover of up to 50 per cent of the annual leave entitlement.
8.2.3 Annual leave which would lapse may nevertheless be carried forward to the succeeding year when due to the Exigencies of the service, an Employee of the Organization is prevented from taking leave for which he has applied in due time.
8.2.4 The Coordinator may approve the anticipation of up to 50 per cent of annual leave entitlement, subject to refund on resignation if necessary, provided that in the first year of employment the amount that can be approved is proportionate to the period of service.
8.2.5 Overseas-recruited employees may accumulate their annual leave to a maximum of two years eligibility.
8.2.6 Payment of salary in lieu of annual leave will not be made except on resignation, or termination of contract not involving dismissal, and then only up to the limit of that approved by the Coordinator in terms of Rule 8.2.2.
8.3 Leave on medical grounds
8.3.1 Leave on medical grounds or sick leave, is granted only for such periods as an Employee of the Organization is certified by a Medical Authority and is granted on full pay without forfeit of leave of any other description.
8.3.2 “Medical Authority”, for the purpose of this Chapter, means a registered medical practitioner approved by the Director.
8.3.3 Employees of the Organization shall inform the Coordinator or immediate supervisor as soon as possible of absence due to illness or injury.
8.3.4 Sick leave may be granted up to a maximum of three months on full salary and three months on half-salary in any period of twelve consecutive months provided that the amount of sick leave taken in any four consecutive years does not exceed eighteen months (nine months on full salary and nine months on half salary).
8.3.5 When the Coordinator or an Employee of the Organization is certified by at least two Medical Authorities to be unfit and his unfitness is likely to prove permanent, the Council in the case of the Coordinator, or the Coordinator in the case of an Employee, will consider whether he would be required to retire from the service.
8.3.6 When a Medical Authority certifies that an Employee of the Organization is unfit for duty but there is reason to believe that he will later become fit for further service, the Coordinator may grant the Employee such leave as may be due to him. Should his eligibility for such leave in accordance with Rule 8.3.4 and annual leave have been exhausted, the Employee may be granted leave without pay.
8.4 Maternity leave
8.4.1 An Employee of the Organization with at least one year's continuous service may be granted two calendar months maternity leave on full pay. If at the completion of such period, the Medical Authority certifies that further sick leave is necessary, such additional leave will be granted as sick leave under Rule 8.3.4.
8.5 Home leave
8.5.1 Overseas-recruited employees shall be entitled to have home leave after every two years' service for the purpose of spending the substantial period of accrued annual leave in the country where he is ordinarily resident at the expense of the Organization in accordance with the provisions of Chapter 9.
8.5.2 An Employee shall be eligible for home leave provided his service is expected by the Coordinator to continue at least six months beyond the date of his return from any home leave.
8.6 Special leave
8.6.1 The Coordinator may grant any Employee special leave without pay for up to a maximum period of one year for the purpose of further study and research in the interest of the Organization or for an extraordinary personal reason.
9. Travel and Travel Expenses
9.1 Travel
9.1.1 The Organization shall pay the travel expenses of an Employee in the following circumstances:
When required on official business.
On official appointment and on separation from the service for Overseas-recruited employees.
On home leave.
9.2 Official travel
9.2.1 The Coordinator shall be entitled to travel at business class rates when on official business. Employees are entitled to economy class travel only. Travel shall be by the most direct and economical route and mode of transportation.
9.2.2 When an Employee is authorized to travel at the expense of the Organization the following travel expenses shall be paid or reimbursed by the Organization:
Transportation expenses.
Terminal expenses shall be deemed to include all expenditures for transportation between the airport and other points of apprival or departure and the hotel or other place of dwelling.
Travel subsistence allowance according to the prevailing UN schedule for per diem travel allowance.
9.2.3 Mileage allowance may be claimed by an Employee when authorized by the Coordinator to use his personal transport for official travel. The rate of reimbursement shall be in accordance with U.N. standard rates.
9.3 Travel on appointment and separation from service
9.3.1 Passage and travel expenses of Overseas-recruited employees and their dependents from the country where they are ordinarily residents to duty station to assume office and return after completion of service with the Organization shall be paid by the Organization.
9.3.2 If, however, an Overseas-recruited employee resigns or is dismissed before he completes twelve months service with the Organization the Employee shall meet complete repatriation expenses.
9.3.3 Spouse and dependent children are expected to accompany an Employee when taking up appointment or at the time of the termination of service with the Organization. However, the special circumstances at the discretion of the Coordinator, family members of the Employee may travel separately provided they undertake the travel within six months of the Employee's joining the Organization or within one month of his leaving.
9.3.4 Employees to be employed for a year or longer may be authorized the shipment of personal effects and household goods by the most economical means of transportation including shipment by air as determined by the Coordinator up to a maximum of:
500 kg for the Employee
250 kg for the first eligible family member
100 kg each for each additional family member authorized to travel at NACA expense.
9.3.5 An overseas-recruited employee shall be entitled to an installation grant equivalent to one month's DSA at UN rates for the Employee. In addition, half of the DSA allowance may be authorized for up to a maximum of three eligible dependents (spouse and two children) for whom travel expenses have been paid by the Organization.
9.4 Home leave
9.4.1 The Organization shall also pay travel expenses of the dependents of the Employee of the Organization who is eligible for home leave, the total of which shall not exceed three adults' fees when they accompany the Employee of the Organization on home leave, provided they have resided continuously in the area of the duty station for more than one year prior to such leave.
10. Social Security
10.1 Provident fund
10.1.1 All employees shall contribute to a Provident Fund 7 per cent of their salaries exclusive of any allowances and the Organization shall contribute an amount equivalent to 14 per cent of their salaries. The amounts shall be placed in an interest-bearing account held with an established bank and shall be released only to the Employees themselves as and when their entitlements mature, i.e. when they resign or are separated from the Organization. Participation covers all employees holding permanent appointments.
10.2 Accident and health insurance
10.2.1 Employees may opt to participate, on a cost-sharing basis, in life and accident plans to be arranged by the Organization.
10.2.2 Employees may opt to participate in a local health insurance plan available for which the Organization shall provide a subsidy at a rate to be determined on basis of the Employee's age and remuneration.
Annex
Salary Scale of the Intergovernmental NACA (in US dollars)
| LEVEL | INCREMENTAL STEPS | |||||||||
| I | II | III | IV | V | VI | VII | VIII | IX | X | |
| 1 | 800 | 820 | 840 | 860 | 880 | 900 | 920 | 940 | 960 | 980 |
| 2 | 1,000 | 1,025 | 1,050 | 1,075 | 1,100 | 1,125 | 1,150 | 1,175 | 1,200 | 1,225 |
| 3 | 1,400 | 1,440 | 1,480 | 1,520 | 1,560 | 1,600 | 1,640 | 1,680 | 1,720 | 1,760 |
Note: Incremental steps will be awarded to staff members after 12 months of satisfactory service; two steps may be awarded for superior or outstanding service.
