Termination (Staff Regulations and Rules)

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Staff Regulations and Rules >> Article IX: Separation from service >> Rule 9.6: Termination

Rule 9.6: Termination

Definitions[1]

(a) A termination within the meaning of the Staff Regulations and Rules is a separation from service initiated by the Secretary-General.

(b) Separation as a result of resignation, abandonment of post, expiration of appointment, retirement or death shall not be regarded as a termination within the meaning of the Staff Rules.
Reasons for termination[2]

(c) 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 the appointment or on any of the following grounds:

(i) Abolition of posts or reduction of staff;
(ii) Unsatisfactory service;
(iii) If the staff member is, for reasons of health, incapacitated for further service;
(iv) Disciplinary reasons in accordance with staff rule 10.2 (a) (viii) and (ix);
(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 of the United Nations, 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.
(d) 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.
Termination for abolition of posts and reduction of staff[3]

(e) Except as otherwise expressly provided in paragraph (f) below and staff rule 13.1, if the necessities of service require that appointments of staff members be terminated as a result of the abolition of a post or the reduction of staff, and subject to the availability of suitable posts in which their services can be effectively utilized, provided that due regard shall be given in all cases to relative competence, integrity and length of service, staff members shall be retained in the following order of preference:

(i) Staff members holding continuing appointments;
(ii) Staff members recruited through competitive examinations for a career appointment serving on a two-year fixed-term appointment;
(iii) Staff members holding fixed-term appointments.

When the suitable posts available are subject to the principle of geographical distribution, due regard shall also be given to nationality in the case of staff members with less than five years of service and in the case of staff members who have changed their nationality within the preceding five years. (f) The provisions of paragraph (e) above insofar as they relate to staff members in the General Service and related categories shall be deemed to have been satisfied if such staff members have received consideration for suitable posts available within their parent organization at their duty stations.

(g) Staff members specifically recruited for service with the United Nations Secretariat or with any programme, fund or subsidiary organ of the United Nations that enjoys a special status in matters of appointment under a resolution of the General Assembly or as a result of an agreement entered by the Secretary-General have no entitlement under this rule for consideration for posts outside the organ for which they were recruited.
Termination for unsatisfactory service[4]
(h) The appointment of a staff member may be terminated for unsatisfactory service under conditions established by the Secretary-General.
Termination for health reasons[5]
(i) The appointment of a staff member who has not attained the normal age of retirement as defined under article 1 (n) of the Regulations of the United Nations Joint Staff Pension Fund but whose physical or mental condition or extended illness renders him or her incapacitated for further service may be terminated after exhaustion of any sick leave entitlement.

Delegation of authority

The following authorities are delegated to heads of entities, for staff at the D-2 level and below, under the standard delegation of authority reflected in Annex IV of ST/SGB/2019/2:

  • Separation from service: termination upon abolishment of post approved by the General Assembly or on disability following approval by the Pension Board.

The following authorities are delegated to the Under-Secretary-General for Management Strategy, Policy and Compliance, for staff at the D-2 level and below:

  • Termination for disciplinary reasons, for facts anterior to appointment, in the interests of good administration or for unsatisfactory performance.

Associated policies

Section 6: Termination
6.1 The Secretary-General may terminate the appointment of a staff member who holds a continuing appointment in accordance with the terms of his or her appointment or for any of the reasons listed in staff regulation 9.3, including 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.
Section 5: Termination of appointment
5.1 The Secretary-General may terminate the appointment of a staff member who holds a continuing appointment in accordance with staff regulation 9.3 and as indicated in section 6 of ST/SGB/2011/9.
Section 7: Expiration of appointment and termination
7.1 A fixed-term appointment expires on the expiration date specified in the letter of appointment.[6]
7.2 The Secretary-General may terminate the appointment of a staff member who holds a fixed-term appointment in accordance with the terms of his or her appointment or for any of the reasons listed in staff regulation 9.3.[7]
Section 15: Termination of a temporary appointment
15.1 A temporary appointment may be terminated in accordance with the Staff Regulations and Rules.
  • ST/AI/222 Procedure to be followed in cases of termination of permanent appointment for unsatisfactory services

History

Revised staff rules were promulgated by the Secretary-General in ST/SGB/2009/7 to replace the former 100, 200 and 300-series staff rules following the establishment of a new contractual framework by the General Assembly in resolution 63/250. As indicated by the Secretary-General in A/64/230, Chapter IX on separation from service was reorganized in a more logical sequence and aligned to article IX of the amended Staff Regulations as approved by the General Assembly in its resolution 63/271. The new ground for termination “in the interest of the good administration of the Organization” for staff members holding continuing appointments, to apply also when the staff member is not in agreement, was reflected in accordance with paragraph 22 of section II of resolution 63/250 and consistent with the approved text of the amended Staff Regulations.[8]

References

  1. ST/SGB/2018/1
  2. ST/SGB/2018/1
  3. ST/SGB/2018/1
  4. ST/SGB/2018/1
  5. ST/SGB/2018/1
  6. ST/AI/2013/1/Corr.1
  7. ST/AI/2013/1
  8. A/64/230, paragraph 31