ToR - FICSA

Geneva, 5 June 2015
TERMS OF REFERENCE FOR AN EXTENSIVE STUDY ON ACQUIRED RIGHTS
Purpose of the consultancy:
To undertake a global study on the acquired rights of UN professional staff in relation to their
compensation package and the scope of such rights and what specific considerations should be
included.
The consultant should provide the legal definition of the acquired right within the context of the
international civil service, and arguments to support staff benefits being maintained at their current
level. He/she should also undertake a review of the ILO Administrative Tribunal (ILOAT) and UN
Administrative Tribunal (UNAT) case law on acquired rights as they relate to the compensation
package, and what is the current status of acquired rights according to the latest judgements. The
consultant should also define what is statutory and what is contractual benefit and determine the
scope of the acquired rights in relation to entitlements that might be affected by the current review
of the compensation package.
Legal background and relevant case law of the ILOAT and UNAT:
a-
Definition of acquired rights
"[I]international organisations' staff members do not have a right to have all the conditions of
employment laid down in the provisions of the staff rules and regulations in force at the time of their
recruitment applied to them throughout their career.
“[M]ost of those conditions [can] be altered during [their] employment as a result of amendments to
those provisions. Of course the position is different if, having regard to the nature and importance of
the provision in question, the complainant has an acquired right to its continued application.
However, according to the case law established in Judgment 61, clarified in Judgment 832 and
confirmed in Judgment 986, the amendment of a provision governing an official's situation to his or
her detriment constitutes a breach of an acquired right only when such an amendment adversely
affects the balance of contractual obligations, or alters fundamental terms of employment in
consideration of which the official accepted an appointment, or which subsequently induced him or
her to stay on. In order for there to be a breach of an acquired right, the amendment to the
applicable text must therefore relate to a fundamental and essential term of employment within the
meaning of Judgment 832 (in this connection see also Judgments 2089, 2682, 2696 or 2986)."
b-
Relevant ILOAT Judgment(s) dealing with acquired rights
Judgement Nos.: 61, 832, 986, 2089, 2682, 2696, 2986 and 3074.
c-
Relevant UNAT judgements on acquired rights
Judgement Nos.: 01253, 273, 00295, 00202,00266,00370, 00311, 00360, 00534.
2
After having developed a strong understanding of the current status of acquired right based on the
ruling of the administrative tribunals dealing with General Conditions of employment deriving from
the UN common system, the consultant should undertake an analysis of the rights and entitlements
of staff who are subject to the ongoing compensatory package review and should identify in
particular:
OUTPUTS:
1Provide the legal definition of the acquired rights within the context of the international civil
service, a review of the ILOAT and UNAT case law on acquired rights, and any divergent legal
opinions between the two, and what is the current status of acquired rights according to the latest
judgements.
2In relation the current benefits and allowances received and the proposed changes, and with
consideration of the case law establishing acquired rights as “fundamental and essential terms of
employment”, demarcate for FICSA the fine line of what would constitute infringements on these
right with particular emphasis on the major areas of base salary scale, education grant and the
hardship, mobility and danger pay allowances.
3In the revision to the salary scale, it is foreseen that there will be a reduction of step
increments at some grade levels and a reduced periodicity of step increments for the Professional
category overall. The current understanding is that adjustments to the salary scale which result in
staff salary decreases would be compensated by special measures. Whilst this would address
current salaries, future potential salaries could be reduced through the step increment changes.
Would this create damage to future earning potential and constitute a violation of acquired rights?
If so, what kind of legal means should be put in place to prevent such a violation?
Deadline for submission of candidate:
18 June 2015, 18h00 Geneva time.
Duration of the contract:
Three weeks. Estimated delivery date of the study: 15 July 2015.
Cost of the study:
The consultant’s expenses will be determined based on his/her skills, experience and quality of the
delivery as assessed by the members of FICSA Executive Committee.
Expression of interest should be addressed to:
The FICSA Secretariat
Palais des Nations
Office Dep. 201
CH-1211 Geneva 10
Tel. (41 22) 917 3150
Fax. (41 22) 917 0660
Web: http://www.ficsa.org