WIPO

WORLD INTELLECTUAL PROPERTY ORGANIZATION

GENEVA

WIPO COORDINATION COMMITTEE

Forty-Fifth (31st Ordinary) Session
Geneva, September 25 to October 3, 2000

STAFF MATTERS

Memorandum of the Director General

CONTENTS

I. AMENDMENTS TO THE STAFF REGULATIONS AND RULES

A. AMENDMENTS TO THE STAFF REGULATIONS PROVISIONALLY DECREED AND APPLIED UNDER STAFF REGULATION 12.1

Scale of pensionable remuneration for the Professional and higher categories - Regulation 3.15

1. Effective November 1, 1999, the post adjustment multiplier in New York has been changed, resulting in an increase of 3.5 per cent (rounded figure) in the net remuneration of staff in the Professional and higher categories in that city. As a consequence, and in accordance with the provision of Article 54(b) of the Regulations of the United Nations Joint Staff Pension Fund, the scale of pensionable remuneration for the above-mentioned categories was adjusted with effect from November 1, 1999, by the same percentage as the net remuneration increase.

2. The revised scales of pensionable remuneration for the Professional and higher categories are included in Staff Regulation 3.1 (Salary scales for Professional and higher categories) and are reproduced in Annex I (pages 1 to 3).

Salaries and internal taxation for the Professional and higher categories - Regulations 3.1 and 3.16bis(a)

3. By its Resolution 54/238 of December 23, 1999, the General Assembly of the United Nations approved, effective March 1, 2000, a revised base scale of gross and net salaries for staff members in the Professional and higher categories and a related modification of the internal taxation scales for staff members in the said categories.

4. By the same Resolution, the General Assembly of the United Nations decided that, with effect from March 1, 2000, the staff assessment amounts at various grades and steps for staff members in the Professional and higher categories receiving remuneration at the single rate will be equal to the difference between the gross salaries at different grades and the corresponding net salaries at the single rate.

5. The scales were implemented in conjunction with a consolidation of 3.42 per cent (rounded figure) of the post adjustment through the establishment of the adjustment multiplier for March 2000 at a level such that the said changes did not result in an increase or decrease in the overall remuneration of staff members in the Professional and higher categories.

6. The corresponding amendments to Staff Regulations 3.1 (Salary scales for the Professional and higher categories) are reproduced in Annex I (pages 1 to 3) and the amendment to Staff Regulation 3.16bis(a) (Internal Taxation) is reproduced in Annex II (pages 1 and 2).

Salaries for staff members in the General Service category in Geneva - Regulation 3.1

7. The methodology approved by the International Civil Service Commission (ICSC) provides for periodical adjustments, between salary surveys, to the salary scale for staff in the General Service category, depending, as concerns salaries of General Service staff in Geneva, on changes in the consumer price index for Geneva. In accordance with this interim adjustment procedure, the net salaries of staff members in the General Service category have been adjusted, effective June 1, 2000, on the basis of the movement of the price index of Geneva over a period of 12 months from March 1999 to March 2000. The revised salary scales, representing an increase of 1.9 per cent across the board over current salaries, will apply to staff members appointed on or after October 1, 1995.

8. The revised salary scale still yields lower gross and net salaries than the scale effective on January 1, 1994, and the latter will therefore continue to apply to staff members appointed prior to October 1, 1995.

9. The gross pensionable salaries in force on May 31, 1997, at grade G1, steps 8 to 11; grade G2, steps 5 to 8; grade G3, steps 2 to 5, and grade G4, steps 1 to 2 are higher than those in force as from June 1, 2000, and shall be retained for staff members appointed between October 1, 1995, and May 31, 1997, until overtaken as a result of subsequent revisions of the relevant salary scales.

10. Following judgements 1841 (WIPO) and 1842 (UPOV) of January 28, 1999, of the Administrative Tribunal of the International Labour Organization (ILOAT) concerning the methodology approved by the International Civil Service Commission (ICSC) for adjustments to the salary scales for staff in the General Service category, the salary scales applied on October 1, 1995; on June 1, 1996; on June 1, 1997; on June 1, 1998, and on June 1, 1999, have all had to be recalculated and implemented for staff members in this category in Geneva who entered into service on or after October 1, 1995. At the end of December 1999 the ICSC presented the revised net salary scales to be used with effect from October 1, 1995, and the United Nations Office at Geneva was subsequently requested-as common system lead organization for Geneva-to make the recalculations required for the periods in question. The International Bureau received the corrected salary scales on May 1, 2000, and due to the important additional workload involved in the implementation of the scales and the calculations of the corrected salaries, the readjustments of the salaries for the rather limited number of staff members concerned were only made together with the monthly salary of September 2000.

11. Copies of the texts (English and French versions) of the two judgements of the Administrative Tribunal of the International Labour Organization relevant to the International Bureau and UPOV are available for any delegation that wishes to consult them. The corresponding amendments to Staff Regulation 3.1 (Salary Scales for the General Service Category) following the judgements of the Administrative Tribunal of the International Labour Organization have all been overtaken by subsequent revisions, and only the present scales, valid as from June 1, 2000 (see paragraphs 7 to 9, above), are reproduced in Annex III (pages 1 and 2).

12. The WIPO Coordination Committee is invited to approve the amendments to the Staff Regulations provisionally decreed and applied by the Director General outlined in paragraphs 1 to 11, above.

B. AMENDMENTS TO THE STAFF REGULATIONS UNDER STAFF REGULATION 12.1

Introduction of an additional grade in the Professional category - Regulations 2.1, 3.1 and 3.4(a)

13. On numerous occasions, the International Bureau has drawn the attention of the Coordination Committee to the low level of remuneration in the common system and to difficulties encountered in the recruitment and retention of staff with a high degree of specific competency and the necessary technical skills required to face the increasingly specialized activities of the Organization which are directed to the Member States and private sector interests (see documents WO/CC/X/4, WO/CC/XXX/4, WO/CC/XXXI/3, WO/CC/XXXIII/5 and WO/CC/XXXVI/3).

14. Moreover, as pointed out in various studies by both the International Civil Service Commission (ICSC) and the Administrative Committee on Coordination (ACC), the present compensation package of the United Nations common system is no longer competitive compared to the private sector in industrialized countries. The present comparator of the federal civil service of the United States of America itself lags behind both the German civil service and the private sector (see ICSC Annual Reports for 1998 and 1999, document A/53/30 paragraph 75; document A/54/30 paragraph 44 onwards).

15. Concerned by this trend, the ACC has stated that remedial steps would require greater management flexibility and innovation in terms of motivating staff and rewarding quality performance. The common system should be able to face this challenge and provide its managers with common managerial tools offering greater flexibility and adaptation to the specific characteristics of each organization.

16. In this context, it should be noted that a growing number of posts within the International Bureau require a high level of professional expertise and technical skills and the incumbents deserve recognition and compensation without necessarily being entrusted with managerial responsibilities. The Director General proposes, therefore, to use an existing possibility of flexibility within the United Nations common system to establish an additional grade at P-6 level in the Professional category as Principal Counsellor, in order to further attract, recruit and retain staff with the high degree of specific competency and the necessary technical skills required to face the growing specialized activities of the Organization.

17. The P-6 level has existed in the UN Common System for a number of years. The World Health Organization (WHO) introduced the P-6 level in February 1979 because of the special functions of the organization which require recruitment of highly qualified and specialized candidates. In this context it is recalled that ICSC stated during its 11th session in 1980 that if the agency considered it useful for its own internal purposes to differentiate among all posts at the D-1 level equivalent those which carried directorial responsibilities from those which did not, it was not a matter having implications for the common system of the United Nations (see document ICSC/R.190/Add.1). With regard to post classification, the ICSC "Master Standard for the classification of Professional and higher category posts" applies equally to grades P-6 and D-1. For grade P-6, salaries are equal to the pensionable, gross and net scales that are in use for grade D-1.

18. Other UN common system organizations have introduced the P-6 grade level; the International Fund for Agricultural Development (IFAD) and the Pan-American Health Organization (PAHO) have introduced it as an integrated part of their remuneration system for highly qualified technical staff; the Office of the United Nations High Commissioner for Refugees (UNHCR), the United Nations Children's Fund (UNICEF) and the United Nations Population Fund (UNFPA) use this grade for project personnel (L-6), all with salaries identical to posts at grade D-1.

19. At the International Bureau the needs are similar to those of the other agencies; grade D-1 was introduced to reflect managerial responsibilities, while the present proposal of the introduction of grade P-6 reflects a high level of specialization not necessarily entailing managerial responsibilities beyond supervision of secretarial support staff members. Promotion to the P-6 level shall-as in other organizations-be limited to certain incumbents of highly specialized P-5 posts who have several years of service within the United Nations common system and vast experience on the job, and who have made a significant personal contribution.

20. Staff Regulation 2.1(b) (Classification), Staff Regulation 3.1 (Salary scales for Professional and higher categories), Staff Regulation 3.4(a) (Advancement within Grade) Staff Rule 6.2.1(d) (Medical Insurance) and Staff Rule 7.1.18(d) (Assignment Grant) will be amended accordingly, and the proposed revised texts are reproduced in Annex IV (pages 1 to 5).

21. The WIPO Coordination Committee is invited to approve amendments to Staff Regulations 2.1(b), 3.1 and 3.4(a), and to note the amendment to Rules 6.2.1(d) and 7.1.18(d) outlined in paragraphs 13 to 20, above.

Representation Allowance - Regulation 3.18

22. Staff Regulation 3.18 provides that the Director General and the Deputy Directors General shall be entitled to annual representation allowances the amount of which shall be determined by the General Assembly or the Coordination Committee.

23. The annual representation allowances for the Deputy Directors General amounts currently to 7,000 Swiss francs, and has not been adjusted since 1974 when it was directly derived from one-third of the amount granted to the Director General. An increase up to 18,000 Swiss francs with effect from October 1, 2000, is proposed in order to keep with the development of the Consumer Price Index, and to align with the present annual amount granted to the Director General. This proposal would be competitive but the amount will not be the highest amount offered by organizations in the common system of the United Nations.

24. Regulation 3.18 makes no reference as regards representation allowance for the "Assistant Directors General" category. However, a survey of ungraded posts performed by the Consultative Committee on Administrative Questions (CCAQ-PER) as per March 1, 1999, confirms that it is the practice in all other organizations of the United Nations common system which have staff at the level of the `Assistant Secretary-General' category to provide a representation allowance. In order to align to the current practice of the other organizations and better reflect the importance of this category of staff members at the International Bureau, the Director General proposes, pursuant to Staff Regulation 12.1, to cover the Assistant Directors General category under the provisions of Regulation 3.18, effective October 1, 2000. The representation allowance should amount to 12,000 Swiss francs per year, which is considered appropriate in light of the amounts offered by the other common system organizations.

25. Staff Regulation 3.18 (Representation Allowance) will be amended accordingly, and the proposed revised text is reproduced in Annex V.

26. The WIPO Coordination Committee is invited to approve the amendment to Staff Regulation 3.18 outlined in paragraphs 22 to 25, above, and to approve the representation allowance levels of 18,000 Swiss francs per year for Deputy Directors General, and 12,000 Swiss francs per year for Assistant Directors General.

Deletion of Transitional Provision - Regulation 3.2bis

27. Under Regulation 3.2(a), "dependent spouse" shall mean the wife or husband of a staff member whose gross annual occupational earnings are less than or equal to the gross annual salary corresponding to the first step of grade G1 of the General Service category which is applicable to the spouse's place of work, and which is in force on January 1 of the year concerned. If the gross annual occupational earnings of the spouse exceed the relevant above-mentioned salary limits by an amount which is less than the amount of the appropriate dependency benefit payable for him, the spouse shall still be deemed to be a dependant, but the amount in excess shall be deducted from the appropriate dependency benefit.

28. For staff members whose appointment took effect prior to January 1, 1978, Regulation 3.2bis (Transitional Provision) defines the gross annual salary corresponding to the first step of grade G1 of the General Service category in Geneva to be, for the purposes of Regulation 3.2(a), at the level it had reached on December 31, 1977 (i.e., 39,010 Swiss francs per year) for as long as that amount remains higher than the level of the said salary under the scale in force. This annual amount was overtaken as a result of subsequent revisions on February 1, 1983, and bearing in mind that the relevant annual amount at present is 63,791 Swiss francs, the transitional provision no longer has any effect. The Director General proposes therefore, pursuant to Staff Regulation 12.1, to delete Regulation 3.2bis.

29. Staff Regulation 3.2bis (Transitional Provision) will be amended accordingly, and the proposed revised text is reproduced in Annex VI.

30. The WIPO Coordination Committee is invited to approve the amendment to Staff Regulation 3.2bis outlined in paragraphs 27 to 29, above.

Dependency Allowance - Regulations 3.12(A)(a)-(c) and 3.12(B)(e)

31. In order to align the present text of the provisions concerning the allowances for dependent children to the practice followed by the United Nations and other common system organizations and to clarify long-established practice followed by the International Bureau, the Director General proposes, pursuant to Staff Regulation 12.1, to amend Regulation 3.12(A)(a) and (b) for staff members in the Professional and Higher categories. The proposal underlines the fact that a staff member is entitled to the dependency rate of staff assessment provided for in Regulation 3.16bis(a)(1)(i) for the first dependent child if the staff member has no dependent spouse and that no dependency allowance shall be paid in respect of this child. In the present version, Regulation 3.12(A) has to be seen in relation to Regulation 3.5(b) (Post Adjustment). In addition, the proposed text clarifies the situation if the staff member's first dependent child is physically or mentally disabled.

32. Furthermore, in the same context and with the view of aligning the practice of the International Bureau to the best practices followed by the United Nations common system organizations (for example see Staff Rule 103.23(b) of the United Nations), the Director General proposes, pursuant to Staff Regulation 12.1, to amend Regulation 3.12(A)(c) and 3.12(B)(e) to limit the reduction of dependency allowances payable by the International Bureau to any amount of dependency allowances received by the staff member or the staff member's spouse from other organizations in the United Nations common system or from a national public authority. In the present text, any amount received from any other source shall be deducted.

33. Staff Regulations 3.12(A)(a) to (c) and 3.12(B)(e) (Dependency Allowances) will be amended accordingly, and the proposed revised text is reproduced in Annex VII (pages 1 and 2).

34. The WIPO Coordination Committee is invited to approve the amendment to Staff Regulation 3.12(A)(a) to (c) and Regulation 3.12(B)(e) outlined in paragraphs 31 to 33, above.

Amendments following organizational changes within the International Bureau and the establishment of the WIPO Coordination Office in New York - Scope and Purpose (b)(2), Staff Regulation 0.2, Staff Regulation 1.10, Staff Regulation 2.1(a), Staff Regulation 3.1, Staff Regulation 3.7(a), Staff Regulation 3.12, Staff Regulation 4.8(a) and (c), Staff Regulation 4.9(b), Staff Regulation 4.14(b), Staff Regulation 9.11(b), Staff Regulation 12.1(a), Staff Regulation 12.3

35. Pursuant to Staff Regulation 12.1, and in order to reflect changes in the structure and manning of the organization of the International Bureau which have taken place over some time, the Director General proposes to make changes in three areas.

36. Firstly, it is proposed to include the "Assistant Director General" category in the Staff Regulations and Staff Rules, wherever appropriate. At present, this category is only referred to in Regulation 2.1(b) (Classification), Regulation 3.1 (Salaries) and Rule 7.1.14(a)(3) (Travel Subsistence Allowance). In addition to what is presented in paragraphs 22 to 25, above, concerning the provision under Regulation 3.18 on representation allowances, it is recalled that Regulation 4.8(a) (Selection and Recruitment of Staff Members), requires that the advice of the Coordination Committee shall be taken into account whenever appointments are made by the Director General to posts in the Special category. The regulation has been in force since November 1, 1976, and the proposal takes into account that the same procedure has also been followed for posts at the level of Assistant Director General. Furthermore, it is proposed to amend Regulation 4.14(b) (Types of Appointment) in order to include Assistant Directors General, and finally including this category in Rule 7.1.9(b)(1) (Travel Conditions) in order to reflect their conditions of travel.

37. Secondly, the Director General proposes to replace the present text "Head of Personnel" by "the Director of the Human Resources Management Division" in the Staff Regulations and Staff Rules. This amendment, which has no implications on the substance of the provisions, and which are not all reproduced in the Annex to this document, concerns Staff Regulation 2.1(a) (Classification), Staff Regulation 4.9(b) (Appointment and Promotion Board), Staff Rule 8.2.1(a)(4) (Joint Advisory Committee) and Annex II to the WIPO Staff Regulations and Staff Rules (Rules of Procedure of the Appointment and Promotion Board).

38. Furthermore, it is recalled that the WIPO Coordination Office in New York presently accommodates four regular staff members, and the Director General proposes to amend the relevant WIPO Staff Regulations and Staff Rules in order to reflect the current situation. Although the WIPO staff members in New York receive remuneration in accordance with the scales and allowances in force in New York for staff members in the United Nations common system, neither the scales nor the text of the relevant WIPO Staff Regulations and Staff Rules have formally been amended.

39. Scope and Purpose (b)(2), Staff Regulation 0.2 (Currencies and Rate of Exchange), Staff Regulation 1.10 (Privileges and Immunities), Staff Regulation 2.1(a) (Classification), Staff Regulation 3.1 (General Service salary scale), Staff Regulation 3.7(b) (Language Allowance), Staff Regulations 3.12(A) and 3.12(B) (Dependency Allowances), Staff Regulation 4.8(a) and (c) (Selection and Recruitment of Staff Members), Staff Regulation 4.14(b) (Types of Appointment), Staff Regulation 9.11(b) (Last Day for Pay Purposes), Staff Regulation 12.1(a) (Amendments to the Regulations), Staff Regulation 12.3 (Interpretation of the Staff Regulations and Staff Rules), Staff Rule 7.1.8(b) (Route and Mode of Transportation), Staff Rule 7.1.9(b)(1) (Travel Conditions), Staff Rule 7.1.12(a) (Terminal Expenses), Staff Rule 7.1.18(a) (Assignment Grant), Staff Rule 7.1.24 (Transportation of the Remains of Deceased Staff or of their Dependants) and Staff Rule 7.1.25(c) (Removal Expenses) will be amended accordingly, and the proposed revised texts are reproduced in Annex VIII (pages 1 to 20).

40. The WIPO Coordination Committee is invited to approve amendments to Scope and Purpose (b)(2), Staff Regulation 0.2, Staff Regulation 1.10, Staff Regulation 2.1(a), Staff Regulation 3.1, Staff Regulation 3.7(b), Staff Regulation 3.12(A) and (B), Staff Regulation 4.8(a) and (c), Staff Regulation 4.9(b), Staff Regulation 4.14(b), Staff Regulation 9.11(b), Staff Regulation 12.1(a), Staff Regulation 12.3, and to note the amendments to Staff Rule 7.1.8(b), Staff Rule 7.1.9(b)(1), Staff Rule 7.1.12(a), Staff Rule 7.1.18(a), Staff Rule 7.1.24, Staff Rule 7.1.25(c), Staff Rule 8.2.1(a)(4) and to Annex II to the Staff Regulations and Staff Rules outlined in paragraphs 35 to 39, above.

C. AMENDMENTS TO THE STAFF RULES UNDER STAFF REGULATION 12.2

Carrying forward of accrued annual leave - Rule 5.1.1(d)

41. In order to facilitate the planning of staff members' annual leave and to maintain a greater flexibility of staffing during periods of heavy workload, and thus avoiding that staff members lose accrued annual leave entitlements, the Director General has decided, pursuant to Staff Regulation 12.2(a), to amend Rule 5.1.1(d), effective December 1, 1999, to allow for a maximum of 90 days to be carried forward from one calendar year to the next. Under the same provision, the requirement that not more than half the days of annual leave due in any calendar year may be carried forward from that year to the next, has been abolished.

42. The corresponding amendment to Staff Rule 5.1.1(d) (Annual Leave) is reproduced in Annex IX.

Medical Insurance - Rule 6.2.1(b)

43. Pursuant to Staff Regulation 12.2(a), the Director General has decided to amend Rule 6.2.1(b) with effect from January 1, 2000, concerning the definition of dependent children for the purpose of the Van Breda Medical Insurance Scheme.

44. The corresponding amendment to Staff Rule 6.1.2 (Medical Insurance) is reproduced in Annex X. 

Sick Leave - Rules 6.2.2(a)(2) and 6.2.2(a)(6)

45. Pursuant to Staff Regulation 12.2(a), and in order to align the text of the Staff Rule to the current practice, the Director General has decided to amend Rule 6.2.2(a)(2) with effect from July 1, 2000. On September 1, 1996, when the qualifying period of continuous service of the staff member was reduced from five to three years (see document WO/CC/XXXVI/3), the last part of the provision was inadvertently kept and it has no longer any practical or legal effect.

46. Furthermore, the maximum number of days of non-certified sick leave within a year was increased by an Office Instruction dated June 1, 1995, from seven to 15. In the context of the evolution of Work/Family programs within the common system of the United Nations and the rapidly changing workplace of today, the Director General has decided to amend Staff Rule 6.2.2(a)(6) with effect from August 1, 2000, to allow the staff members to take a total of seven of these days of non-certified sick leave for family-related emergencies.

47. The corresponding amendment to Staff Rules 6.2.2(a)(2) and 6.2.2(a)(6) (Sick Leave) is reproduced in Annex XI.

Miscellaneous Travel Expenses - Rule 7.1.17

48. Pursuant to Staff Regulation 12.2(a) and in line with the amendment of Staff Rule 107.19 of the United Nations, the Director General has decided to amend Rule 7.1.17 with effect from July 1, 2000, in order to increase the minimum amount from 6 to 20 US dollars for which travel expenses must be supported by receipts for purposes of reimbursement.

49. The corresponding amendment to Staff Rule 7.1.17 (Miscellaneous Travel Expenses) is reproduced in Annex XII.

Loss of Entitlement to Removal Expenses - Rule 7.1.26(c)

50. Pursuant to Staff Regulation 12.2(a) and in line with the text of Staff Rule 107.28(c) of the United Nations, the Director General has decided to amend Rule 7.1.26(c) with effect from July 1, 2000, in order to increase from one to two years the maximum period of delayed shipment of a staff member's removal goods upon separation from service and to provide for an additional delay if both husband and wife are staff members.

51. The corresponding amendment to Staff Rule 7.1.26(c) (Loss of Entitlement to Removal Expenses) is reproduced in Annex XIII.

52. The WIPO Coordination Committee is invited to note the amendments to Rules 5.1.1(d), 6.2.1(b), 7.1.17 and 7.1.26(c) reported in paragraphs 41 to 51, above.

II. INTERNATIONAL CIVIL SERVICE COMMISSION

53. Under Article 17 of its statute, the International Civil Service Commission (ICSC) is required to submit an annual report to the General Assembly of the United Nations. The Executive Heads of the other organizations of the United Nations system of organizations are required to transmit this report to the governing bodies of the respective organizations. The annual report was submitted by the ICSC to the 54th (1999) session of the General Assembly of the United Nations (document A/54/30). Since the report was included in the documentation of the said session of the General Assembly of the United Nations, it is not reproduced by the International Bureau; nevertheless, copies are available for any delegation that wishes to consult the report.

54. The WIPO Coordination Committee is invited to note the information contained in the preceding paragraph.

III. UNITED NATIONS JOINT STAFF PENSION BOARD

55. Under Article 14(a) of its Regulations, the United Nations Joint Staff Pension Fund (UNJSPF) is required to present a report annually to the General Assembly of the United Nations and to the other organizations members of the said Fund. The 1999 report was presented by the Board of the UNJSPF to the General Assembly of the United Nations at its 54th session (document A/54/9). Since the report was included in the documentation of the said session of the General Assembly of the United Nations, it is not reproduced by the International Bureau; nevertheless, copies are available for any delegation that wishes to consult the report.

56. The WIPO Coordination Committee is invited to note the information contained in the preceding paragraph.

[Annexes follow]
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