Legal Status (Local Employees) Regulations 2020

A supplement to be paid periodically, as referred to in article 9.4, paragraph 1, article 9.6, paragraph 1, article 9.7, paragraph 1, and article 9.8, paragraph 1 is set by the employer as a fixed amount which will remain unchanged for a period not exceeding 12 months. Early adjustment of that amount is possible if the employer believes that this is necessary due to special circumstances.

The supplement is paid monthly by the employer to the person entitled. If special circumstances necessitate this, the employer may modify the intervals at which the supplement is paid, where necessary in accordance with article 9.1, paragraph 2.

Notwithstanding paragraph 3, the employer may fix and pay a supplement as a one-off payment upon or after the termination of the employment contract at the written request of an employee or an ex-employee who may or may not already be receiving a supplement referred to in chapter 9. The employee’s or ex-employee’s request for commutation must be honoured unless the employer is of the opinion that this is contrary to compelling interests of the service.

The amount of the one-off payment is calculated using the formulas established by HDPO for this purpose, which in any event take account of the following:

Paragraph 4 may be applied mutatis mutandis by the employer to an employee or ex-employee who is not yet receiving a supplement and whose employment contract or successive employment contracts has/have lasted for 15 years or less, if the mission where the person concerned is or was most recently employed has been closed or is scheduled to close within six months and no employees are or will be employed in that country after the closure.

Notwithstanding article 9.1, paragraph 1 (e), the qualifying salary for an employee or ex-employee to whom neither paragraph 4 nor paragraph 6 applies is determined as follows. From 1 January of the year following that in which pay scales were last fixed for the closed mission, the salary amount referred to in article 9.1, paragraph 1 (e) is to be adjusted by the employer in each case by reference to the rate of inflation in the country where the mission was located, subject to a maximum of 15%. If the inflation rate exceeds 15% HDPO may decide to fix the adjustment level at more than 15%. The inflation rate is based on data from the Economist Intelligence Unit (EIU).

If special costs are incurred as a result of the payment of a supplement, these may be deducted from the supplement.

Article 8.1 concerning one-off redundancy payments is repealed in the various mission versions.

Notwithstanding paragraph 1, in the following mission versions article 8.1 is not repealed but will be amended as soon as possible with due observance of article 8.3 of these Regulations and local regulations:

Notwithstanding paragraph 1, article 8.1 is not repealed in the Mission version for Australia 2020.

Notwithstanding paragraph 1, in the Mission version for Libya 2020 article 8.1 is not repealed but article 8.1a concerning one-off redundancy payments.