Separation from service (Staff Regulations and Rules)

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Staff Regulations and Rules >> Article IX: Separation from service

Article IX: Separation from service

Regulation 9.1[1]

Staff members may resign from service upon giving the Secretary-General the notice required under the terms of their appointment.

Regulation 9.2[2]

Staff members shall not be retained in active service beyond the age of 65 years. The Secretary-General may, in the interest of the Organization, retain staff members in service beyond this age limit in exceptional cases.

Regulation 9.3[3]

(a) The Secretary-General may, giving the reasons therefor, terminate the appointment of a staff member who holds a temporary, fixed-term or continuing appointment in accordance with the terms of his or her appointment or for any of the following reasons:

(i) If the necessities of service require abolition of the post or reduction of the staff;
(ii) If the services of the staff member prove unsatisfactory;
(iii) If the staff member is, for reasons of health, incapacitated for further service;
(iv) If the conduct of the staff member indicates that the staff member does not meet the highest standards of integrity required by Article 101, paragraph 3, of the Charter;
(v) If facts anterior to the appointment of the staff member and relevant to his or her suitability come to light that, if they had been known at the time of his or her appointment, should, under the standards established in the Charter, have precluded his or her appointment;
(vi) In the interest of the good administration of the Organization and in accordance with the standards of the Charter, provided that the action is not contested by the staff member concerned;

(b) In addition, in the case of a staff member holding a continuing appointment, the Secretary-General may terminate the appointment without the consent of the staff member if, in the opinion of the Secretary-General, such action would be in the interest of the good administration of the Organization, to be interpreted principally as a change or termination of a mandate, and in accordance with the standards of the Charter;

(c) If the Secretary-General terminates an appointment, the staff member shall be given such notice and such indemnity payment as may be applicable under the Staff Regulations and Rules. Payments of termination indemnity shall be made by the Secretary-General in accordance with the rates and conditions specified in annex III to the present Regulations;

(d) The Secretary-General may, where the circumstances warrant and he or she considers it justified, pay to a staff member whose appointment has been terminated, provided that the termination is not contested, a termination indemnity payment not more than 50 per cent higher than that which would otherwise be payable under the Staff Regulations.

Regulation 9.4[4]

The Secretary-General shall establish a scheme for the payment of repatriation grants in accordance with the maximum rates and under the conditions specified in annex IV of these Regulations.

Associated rules

Rule 9.1: Definition of separation[5]

Any of the following shall constitute separation from service:

(i) Resignation;
(ii) Abandonment of post;
(iii) Expiration of appointment;
(iv) Retirement;
(v) Termination of appointment;
(vi) Death.
Rule 9.2: Resignation
Rule 9.3: Abandonment of post
Rule 9.4: Expiration of appointments
Rule 9.5: Retirement
Rule 9.6: Termination
Rule 9.7: Notice of termination
Rule 9.8: Termination indemnity
Rule 9.9: Commutation of accrued annual leave
Rule 9.10: Restitution of advance annual and sick leave
Rule 9.11: Last day for pay purposes
Rule 9.12: Certification of service

History

The current regulations in Article IX were approved by the General Assembly in its resolution 63/271, on the basis of proposals by the Secretary-General in A/63/694 pursuant to section II of General Assembly resolution 63/250.

References