PRO-FORMA for SERVICE CONTRACT. UNITED NATIONS WORLD FOOD PROGRAMME in (city/country)

Transcription

1 PRO-FORMA for SERVICE CONTRACT (to be used in Country Offices as per relevant UNDP guidelines) Service Contract No: UNITED NATIONS WORLD FOOD PROGRAMME in (city/country) MEMORANDUM OF CONTRACT MADE (date) between the United Nations Word Food Programme (WFP), a subsidiary organ of the United Nations and the Food and Agriculture Organisation of the United Nations (FAO) (name) (hereinafter referred to as "the subscriber"), whose address is:. It is noted that WFP, being part of the United Nations, is not subject to and cannot be obliged to submit to local laws and regulations on labour-related matters. Therefore this contract spells out all conditions of employment of the subscriber, as it cannot be supplemented by any other rule or regulation. This contract is issued on behalf of the Executive Director of WFP, but governed by the relevant United Nations Rules/Regulations applied by the United Nations Development Programme (UNDP). 1. DURATION OF CONTRACT This contract will come into effect on (date), and expire on (date) subject to the provisions in paragraph 9 below. This contract carries no expectation of renewal. 2. TERMS OF REFERENCE The subscriber agrees to the terms of reference as set forth in the Annex "A" to this contract. 3. STATUS, RIGHTS AND OBLIGATIONS OF THE SUBSCRIBER The subscriber is not be considered in any respect as being a staff member of WFP (or other UN agencies), and is covered neither by the UN Staff Rules and Regulations nor by the UN Convention on Privileges and Immunities. The subscriber recognises and accepts the fact that the terms of employment are different from those which apply to WFP staff members under the UN Staff Rules and Regulations. The rights and obligations of the subscriber are strictly limited to the terms and conditions of this contract. Accordingly, the subscriber is not entitled to any benefit, payment, subsidy, compensation or pension from WFP, except as expressly provided in this contract. 4. REMUNERATION As full consideration for the services performed by the subscriber under the terms of this contract, WFP will pay the amount of gross per month worked. No other remuneration, benefits, compensation or subsidy will be paid under this contract. No social security contributions will be made by WFP, except as provided for in paragraph 6 below. Daily subsistence allowance for official travel will be paid to the subscriber by WFP on the basis of rates established for this purpose by WFP. 5. ANNUAL LEAVE, SICK LEAVE, HOLIDAYS AND HOURS OF WORK The relevant conditions will be those which are specified in Annex "B" of this contract, attached. 6. SOCIAL SECURITY WFP will make any legally required minimum payments into the national social security plan to meet its obligations as employer, in order to facilitate coverage of the subscriber for old age and health benefits. The subscriber will meet his/her own obligations under the mentioned plan. > or < The subscriber is responsible for payment into the national social security plan and to this end the WFP will pay to the subscriber, as part of the monthly remuneration, the amount due from the employer, so as

2 to enable appropriate coverage for old age and health benefits. Accordingly, WFP is exempt from any liabilities regarding the national social security legislation. > or < In lieu of participation of the subscriber in a national social security plan providing coverage for old-age and health benefits, the subscriber will participate in a private local social security scheme and a private health insurance scheme. WFP will make the contributions required directly to such schemes. The subscriber will be personally responsible for making any contributions due from him/her. > or < The subscriber has demonstrated that he/she has appropriate coverage for old-age benefits (and/or health coverage) and WFP s obligations will be limited to providing a cash compensation, included in the total remuneration cited in para.4 above, instead of making contributions to a social security (and/or health)scheme. Further information is provided in the attached Conditions of Service, Annex B. 7. INCOME TAX The subscriber is solely responsible for all taxation or other assessments on any income derived from WFP. WFP will not make any withholding from salary for the purposes of income tax. WFP is exempt from any liabilities regarding taxation and will not reimburse to the subscriber any amount. 8. COMPENSATION FOR INJURY, DISABILITY OR DEATH In the event of disability or death during the period of service which may be attributable to the performance of services under the terms of this contract, the subscriber is covered through a global policy, subscribed by the United Nations Development Programme (U.N.D.P.) on behalf of WFP, and will be entitled to compensation only as set forth in the policy, which may be subject to change. 9. TERMINATION Either party may terminate this contract at any time giving the other party 14 days written notice in advance of the date of termination. Notwithstanding any provision of this contract that expressly remains binding upon either party after the contract expiration, all contract obligations will cease upon termination. The subscriber will only be entitled to reasonable compensation, equivalent to one week of gross salary for each unexpired month of the contract remaining after the date of termination, unless such termination is the result of the subscriber s improper conduct or violation of any term of this contract, in which case the subscriber will not be entitled to either a period of notice or other compensation. 10. DESIGNATION OF BENEFICIARY The subscriber has designated (name) whose address is (address) as his/her beneficiary for all amounts outstanding to the subscriber s credit under the terms of the contract in the event of the subscriber s death, to the extend that such amounts can legally be awarded to this person under the laws of the country. 11. TITLE RIGHTS The title rights, copyrights and all other rights of whatsoever nature in any material produced under the provisions of this contract will be vested exclusively in WFP. 12. UNPUBLISHED INFORMATION The subscriber will not communicate to any person, government, or other entity external to WFP any unpublished information made known to the subscriber by reason of performing his/her duties under the terms of this contract, except as required by the assignment or upon authorisation by WFP. This provision will survive the expiration or termination of the contract. 13. DISCLOSURE The subscriber will disclose to the Representative of WFP any business or professional employment or activity in which he may be engaged prior to or at any time in the course of the present contract. These activities may not be incompatible with the performance of services called for in this contract nor represent a real or perceived conflict of interest. 14. STANDARDS OF CONDUCT

3 The subscriber will conduct himself/herself at all times with the fullest regard for the purposes and principles of the United Nations and its Agencies, and in a manner befitting his/her relationship with the United Nations under the contract. The subscriber may not engage in any activity that is incompatible with those purposes and principles or the discharge of his/her duties with the government. He/she will avoid any action and in particular any kind of public pronouncement which may adversely reflect on that relationship, or on the integrity, independence and impartiality which is required by that relationship. While the subscriber is not expected to give up any national sentiments or political and religious convictions, he/she will at all times bear in mind the reserve and tact required by reason of his/her relationship with the United Nations and its Agencies and the Government. The subscriber will not accept any favour, gift or remuneration from any source external to the United Nations without first obtaining approval from the Executive Director of WFP. 15. SETTLEMENT OF DISPUTES Any claim or dispute relating to the interpretation or execution of the present contract which cannot be settled amicably will be settled by binding arbitration. UNCITRAL arbitration rules will apply. Binding arbitration must in all cases be preceded by a conciliatory procedure under UNCITRAL rules. By WFP Representative/Country Director On behalf of the Executive Director of United Nations World Food Programme Date: By (subscriber) Date:

4 ANNEX A to Service Contract (PRO-FORMA) TERMS OF REFERENCE A. Job Title: B. Duty Station: C. Section/Unit (if relevant): D. Project Reference (if relevant): E. Duration of Employment: F. Organisational setting: (Describe briefly the organisational setting of the job, including the supervisory and subordinate reporting lines. Note any special considerations affecting the work, e.g. difficult working conditions, security issues or abnormal working hours). G. (Describe briefly the primary content of the job. Information is to be summarised in three areas: functional responsibilities; managerial duties, if any; and any external contacts. The summary is to be no longer than one-half page).

5 ANNEX B to Service Contract CONDITIONS OF SERVICE The following is a summary outline of the main conditions of service under the Service Contract with WFP. This is provided as an overview. For further description of the rules governing the administration of these benefits, as well as of the duties, responsibilities and expected conduct of an individual employed by WFP, the WFP office may be contacted. Status 1. The subscriber is not considered a staff member of WFP or of the UN System and therefore is not entitled to any diplomatic privileges, or to any other special status or conditions. The subscriber will be considered to have functional immunity as required to perform his/her contractual obligations, in terms of words spoken or written and acts done, in direct compliance with his/her official duties. Although appointed by the WFP Representative/Country Director on behalf of the Executive Director of WFP, relevant UNDP Personnel Rules and Regulations do apply. Remuneration (gross pay) 2. Gross pay is expressed and payable in a lump-sum each month. It is established on the basis of the level or responsibility of the assignment, and the experience and competencies of the individual recruited in relation to the labour market. 3. The gross pay is agreed upon, by the individual and WFP, at the outset of the assignment, at the time of formalising the contract. It is not normally adjusted in the course of the contract period. However, the WFP office may make an adjustment if warranted by local conditions in consultation with UNDP office. 4. The remuneration may be reviewed on the occasion of an extension of the contract, although there is no obligation to do so. 5. The remuneration under the service contract is through a lump sum cash approach, without additional allowances being paid for elements such as children, spouse, educational assistance, language allowance, etc. Duration of service 6. The service contract is issued without any expectancy of extension or renewal. However, if an extension is mutually agreed upon, an additional period (or periods) of up to one year may be approved. Non-pay conditions There are a number of conditions and some benefits which are provided as part of the service contract, which constitute a set of working and social conditions which are appropriate for WFP. These are described below: 7. Medical clearance: This contract is subject to satisfactory medical clearance by the designate UN examining physician. 8. Hours of work are. Overtime, if applicable, is paid at the rate of.

6 9. National holidays will be those observed by the WFP office in the country [or by ] [ or specify precisely how many or which days are observed]. 10. Annual leave (vacation) will be accrued at the rate of day(s) per month (but no less than 1 day per month of service). All leave will be taken during the period of the contract. There will be no cash payment for unused leave at the end of the contract. 11. Sick leave. Paid sick leave will accrue at the rate of day for each full day of continuous service (and no less that 1 day per month at full pay). The subscriber may accumulate up to a maximum of 24 days of sick leave subject to the extension of his/her contract. Any absence of more than two consecutive working days must be supported by a medical certificate. Also after three uncertified sick leave days in any six-month period, medical certification is required. Unused sick leave at the end of the contract may not be converted into a cash payment. 12. Maternity leave is provided in accordance with the local legislation. Consequently it is established at. (In no case will the amount of authorised maternity leave be less than 16 weeks at full pay). A certificate from a duly qualified physician indicating estimated date of confinement and "fitness" to work must be submitted. 13. Social Security (This section to be adapted to fit the local circumstances). WFP will make the required payments during the course of the contract into the national social security plan to meet its obligations as employer, in order to facilitate coverage of the subscriber for old age and health benefits. The subscriber will meet his/her own obligations under the plan. or WFP will make the required payments during the course of the contract into a recognised local private health insurance plan. or The subscriber is responsible for payment into the national social security plan, for coverage for old-age and health benefits. To this end, WFP will pay to the subscriber, in addition to the monthly remuneration, the amount due form the employer, so as to enable appropriate coverage for such old age and health benefits. This amount is established at. Accordingly, WFP is exempt from any liabilities regarding national social security. or Upon proof of enrolment by the subscriber in a local scheme, or demonstrated coverage through a spouse or a previous employer, WFP will add the appropriate amount of this cost to the lump sum salary. 14. Death and disability coverage. To protect subscribers and their families in the event of the subscriber s death or disability while employed with WFP, coverage has been arranged by UNDP on behalf of WFP through a group insurance policy at no cost to the subscriber. Specifics are available through the WFP office.