RESTRICTEDWORLD TRADE
ORGANIZATIONWT/GC/W/102
7 October 1998
(98-3907)
General Council
14 October 1998
CONDITIONS OF SERVICE APPLICABLE TO THE
STAFF OF THE WTO SECRETARIAT
Draft DecisionWT/GC/W/102
Page 2
CONDITIONS OF SERVICE APPLICABLE TO THE
STAFF OF THE WTO SECRETARIAT
Draft Decision
The WTO General Council and ICITO Executive Committee,
Recalling  their Decision adopted on 24 April 1998 (WT/L/269), and in particular,
Noting  that a WTO Secretariat shall be established pursuant to Article VI of the Agreement
Establishing the WTO,
Considering  the Marrakech Ministerial Decision on Organizational and Financial
Consequences Flowing from Implementation of the Agreement Establishing the WTO,
Recalling  that the WTO is a sui generis  organization established outside the United Nations
system,
Recalling  also the Decision of the WTO General Council on 7 February 1997 establishing the
Working Group on Conditions of Service Applicable to the Staff of the WTO Secretariat and
defining its terms of reference (WT/GC/M/18),
Take note  of the report of the Chairman of the Working Group and of the detailed proposal
submitted by the Working Group for an independent WTO compensation and personnel plan,
including the compensation philosophy, the rationale and justification for each new element
of the plan, and the procedures for control of the plan by WTO members,
Take note also  of the certification provided by the panel of independent actuaries that the plan
will be personnel-cost neutral and that the proposed Pension Plan will be viable according to
the terms of reference specified in the annex to the Decision of 24 April 1998,
Take note further  that, subject to the amount of assets to be recovered from the United
Nations Joint Staff Pension Fund, one or more of the plan adjustments specified in Annex 1
of the present Decision may be required in order to ensure cost neutrality over the period
1999 - 2005, without prejudice to the long-term viability of the proposed Pension Plan,
Decide  to endorse the compensation philosophy and adopt the Staff Regulations and Staff
Rules and the Regulations and Administrative Rules of the WTO Pension Plan, as contained
in Annex 2  of the present Decision, subject to such adjustment specified in Annex 1 as may
be required in order to ensure cost neutrality over the period 1999 – 2005,
Decide also  to authorize the Director-General to inform the United Nations Joint Staff
Pension Fund that ICITO wishes to apply for termination of its membership in the Fund on
31 December 1998, subject to the conclusion of satisfactory transfer arrangements with theFund,
Decide further  that, again subject to such satisfactory transfer arrangements with the Fund
and to acceptance of the proposed Plan by the staff, the WTO Secretariat shall be established
on 1 January 1999,
Instruct  the Secretariat to enable the General Council to review this Decision if necessary, in
the light of any significant developments rela ting to the transition to the new compensationWT/GC/W/102
Page 3
and personnel plan, including a transfer amount below the cost-neutral threshold in Annex 1,
and
Instruct the Secretariat, in the absence of a further decision by the General Council being
required, to inform the General Council of the amount transferred from the United Nations
Joint Staff Pension Fund and any adjustments made in accordance with Annex 1 to thepresent Decision.WT/GC/W/102
Page 4
Draft Decision
ANNEX 1
Adjustments to the proposed Pension Plan to achieve cost neutrality in
light of the actual UNJSPF transfer amount
The following table shows the specific benefit adjustments which would be necessary to
ensure cost neutrality, i.e. maintenance of a contribution rate of 22.5%, depending on the amount
recovered from the UNJSPF.  This table allows for the possibility that the amount recovered would be
less than the amount of SF 173 million included in the actuarial certification.
Transfer amount ranges assumed
for the cost comparisonContribution requirement Benefit adjustment
SF 158 million or more 22.5% None
SF 149 million or more 22.5% 65% grossing-up factor
(instead of 70%)
(Article 20 of the Plan
Regulations)
SF 137 million or more 22.5% As above, plus 50%
surviving spouse benefit
(instead of 60%)
(Article 30 of the Plan
Regulations)
CCOOSSTT  NNEEUUTTRRAALL  TTHHRREESSHHOOLLDDWT/GC/W/102
Page 5
Draft Decision
ANNEX 2
WGCS(98)1/Rev.6 (dra ft Staff Regulations)
WGCS(98)2/Rev.9 (draft Pension Plan Regulations)
WGCS(98)3/Rev.3 (draft Staff Rules)
WGCS(98)10/Rev.1 (draft Administra tive Rules of the Pension Plan)
WGCS(98)14/Rev.1 (Compensation Philosophy)WT/GC/W/102
Page 6
WGCS(98)1/Rev.6
       7 October 1998
  _________________________________________________________________________________
WORKING GROUP ON CONDITIONS OF SERVICE
APPLICABLE TO THE STAFF OF THE WTO SECRETARIAT
DRAFT STAFF REGULATIONSWT/GC/W/102
Page 7
DRAFT STAFF REGULATIONS
PURPOSE AND SCOPE
Pursuant to Article VI of the Marrakech Agreement Establishing the World Trade
Organization (the WTO Agreement), the Staff Regulations  adopted by the Ministerial Conference of
the World Trade Organization (WTO) embody the basic conditions of service in the WTO and the
rights, duties and obligations of the WTO and of the staff of the Secretariat of the WTO (hereafter
called "staff members").  The paramount objective in the determination of conditions of service shall
be to secure staff members of the highest standards of competence, integrity and efficiency and to
meet the requirements of the WTO taking into account the needs and aspirations of the staff members.
The Staff Regulations  set forth principles for the guidance of the Director-General in the staffing and
administration of the WTO Secretariat (hereafter called "Secretariat").  The Director-General  shall
establish and administer Staff Rules  consistent with these principles and shall submit these Rules
together with the Staff Regulations  to the General Council for approval at the time of the
establishment of the Secretariat.  The Staff Regulations govern the conditions of service and the
personnel practices of the Secretariat, and the Staff Rules  provide the means for implementing the
provisions of the Staff Regulations .  The Director-General may issue Staff Administrative Memoranda
in elaboration of the Staff Rules .
The Staff Regulations , Staff Rules  and Staff Administrative Memoranda  apply to all staff
members of the Secretariat holding contracts of twelve months' duration or more.  Staff membersholding contracts of less than twelve months' duration shall be subject to separate conditions of
service which shall be established by the Director-General and based, as appropriate, on the present
Staff Regulations  and Staff Rules , and Staff Administrative Memoranda .
DUTIES, OBLIGATIONS AND PRIVILEGES:
   -  THE WTO AND ITS MEMBERS  -
Regulation 1.1:  The WTO shall at all times act with fairness and impartiality, and in full respect of
these Staff Regulations  and the applicable jurisprudence of the Administrative Tribunal of the
International Labour Organization in its relations with staff members.  Its practices shall clearly
reflect the principles of equal opportunity and non-discrimination.  The WTO management shall
establish close surveillance to prevent flaws in those practices.
Regulation 1.2:  The WTO shall make all reasonable efforts to provide appropriate protection and
safety for staff members in the performance of their duties and shall in particular ensure theirimmunity from legal process in respect of words spoken or written and all acts performed by them in
their official capacity.
Regulation 1.3:  The WTO shall establish and maintain appropriate safeguards to respect the personal
privacy of staff members and protect the confidentiality of personal information about them.
-  STAFF MEMBERS  -
Regulation 1.4:  Staff members shall discharge their duties solely with the interest and objectives of
the WTO in view and, in so doing, shall be subject to the authority of, and responsible to, theDirector-General.  Pursuant to Article VI:4 of the WTO Agreement, staff members shall neither seek
nor accept any instruction relating to the performan ce of their duties from any government or other
entity or person external to the WTO, and shall at all times respect the exclusively internationalWT/GC/W/102
Page 8
character of their positions and maintain their inde pendence.  Annex B sets forth in greater detail the
standards of conduct required of WTO staff members.
Regulation 1.5:  Staff members shall conduct themselves at all times in an appropriate manner and
shall avoid any action which may adversely reflect on their status as international civil servants, or on
the integrity, independence and impartiality which are required by that status.
Regulation 1.6:   Staff members shall enjoy, in the interest of the WTO, the privileges, immunities,
and facilities referred to in Article VIII of the WTO Agreement and set out in the Headquarters
Agreement.  In cases where problems relating to pr ivileges and immunities arise, staff members shall
immediately report these to the Director-General .  Such privileges, immunities, and facilities shall not
excuse staff members from the performance of their private obligations or from the due observance of
the law.  As provided for in the Headquarters Ag reement, the Director-General may decide whether,
in the interest of the WTO, an immunity shall be waived.
Regulation 1.7:  Staff members shall exercise the utmost discretion in regard to all matters of official
business.  They shall not communicate to any pers on any information known to them by reason of
their official position which has not been made public, except where so authorized by the Director-General.  They shall not at any time use such information to private advantage.  These obligations do
not cease upon separation from the WTO.
Regulation 1.8:  Prior to appointment or reassignment, a staff member shall disclose information
concerning an interest in any matter within the purview of the Organization which may affect theappropriateness of assigning certain functions to that staff member, inter alia  with respect to dispute
settlement.  In particular, when requested to assist in the dispute settlement mechanism staff members
shall respect the continuous disclosure obligations detailed in Annex B.
Regulation 1.9:  Staff members shall not accept any remuneration,  honour, decoration or favour, or
gift other than of token value, from any source exte rnal to the WTO, unless authorized to do so by the
Director-General.
Regulation 1.10:   Staff members may exercise the right to vote but shall not engage in any political
or other activity or occupation or hold any office which is inconsistent with, or might reflect adverselyupon, the independence and impartiality required by their status as international civil servants.
Regulation 1.11:   All rights in any work done by staff members as part of their official duties shall be
the property of the WTO.
Regulation 1.12:   Staff members, on taking up their duties, shall make and sign the following
declaration:
"I solemnly undertake to exercise in all loyalty, discretion and conscience the
functions entrusted to me as an international civil servant of the World Trade
Organization, to discharge these functions and regulate my conduct with the interests
of the WTO only in view, and not to seek or accept instructions in regard to the
performance of my duties from any government or other authority external to the
organization, or to accept remuneration there fr om with respect to my service with the
WTO either prior to, during or after such service."WT/GC/W/102
Page 9
STAFF ASSOCIATION, REPRESENTATION AND CONSULTATION WITH MANAGEMENT
Regulation 2.1:  Staff members shall enjoy freedom of association.  The interests of the staff shall be
represented before the Director-General by a Staff Council, elected by the staff.
Regulation 2.2:   The Staff Council shall be composed in such a way as to afford equitable
representation to all staff members, by means of elections to be held under rules drawn up by the staff
associations and approved by the Director-General.
Regulation 2.3:  The Director-General shall set up appropriate mechanisms for the establishment of
the joint advisory bodies provided for under these Regulations in order to ensure an equal number of
representatives of the Director-General and the staff.
Regulation 2.4:  The Director-General shall establish and maintain regular contact and
communication with the Staff Council in order to ensure the effective participation of the staff in
identifying, examining and resolving issues relating  to the establishment of and changes in personnel
policies, conditions of work and general staff welfare, as well as the establishment or amendment  ofStaff Regulations , Staff Rules  and Staff Administrative Memoranda.
Regulation 2.5:   A Joint Advisory Committee shall be established to advise the Director-General  on
the matters referred to in Staff Regulation  2.4.
RECRUITMENT POLICY
Regulation 3.1:  The recruitment policy of the WTO shall be to seek to attract and retain staff
members offering the highest standards of efficiency, competence and integrity.  It shall be based on
the principle of equal opportunity for all, regardless of gender, nationality, race or religion with theobjective of ensuring the broadest possible diversification of the Secretariat.
Regulation 3.2:  Pursuant to Article VI:3 of the WTO Agreement, the Director-General shall appoint
the staff members of the WTO and shall determine their duties and conditions of service in
accordance with the Staff Regulations and Staff Rules .  The Director-General may assign staff
members to any of the activities of the WTO which are compatible with their qualifications.
Regulation 3.3:  Recruitment shall be on a competitive basis, except where not practicable.
Regulation 3.4:   Without prejudice to external recruitment, the fullest regard shall be given, in filling
vacancies, to the merit, qualifications and experience of serving staff members, particularly those
occupying posts at a grade higher than the classified grade of the post.
Regulation 3.5:   The Director-General shall establish medical standards which staff members shall be
required to meet before appointment.
CONTRACT POLICY
Regulation 4.1:  The basic objective of the contract policy of the WTO shall be to offer staff
members the prospect of employment consistent with the requirements of the Organization, including
the need to ensure the appropriate balance between continuity and renewal, and taking into
consideration the needs and aspirations of the staff.  The Organization may grant staff members fixed-term or regular contracts.   Continued employment in the Organization is subject to the continued
need for the staff member's post, to continued fulfilment of duties and obligations as a staff member
and to continuous satisfactory performance, as documented in the performance evaluations.WT/GC/W/102
Page 10
Regulation 4.2:  A fixed-term contract is for a fixed duration. Fixed-term contracts may be extended
one or more times.  The total length of service under fixed-term contracts shall not normally exceed
five years. All initial contracts shall be for a probationary fixed term of at least one year.
Regulation 4.3:  For functions of limited duration, the total length of service may not normally
exceed five years;  this will be specified in the contract of employment.
Regulation 4.4:  A fixed-term contract may lead to a regular contract.  A regular contract carries no
expiration date but is subject to regular review in the light of the conditions stipulated in Regulation
4.1 above.  A staff member not carrying out func tions referred to in Regulation 4.3 above shall
normally be considered for a regular contract upon completion of five years of service under fixed-
term conditions.
Regulation 4.5:  The Director-General may terminate a fixed-term or regular contract in cases where
the function is no longer needed by the Organization, where the duties and obligations of a staff
member are no longer fulfilled, or where performance proves to be unsatisfactory, as documented in
annual evaluation reports.
PERFORMANCE EVALUATION
Regulation 5.1:  The performance of a staff member shall be subject to annual evaluation.
Regulation 5.2:  The Director-General shall establish objective and transparent procedures both for
the evaluation of staff members' performance by reference to the tasks assigned to the staff member,
to the professional conduct of the staff member and to the fulfilment of the goals and objectives
established for the year in question, and for the assessment of staff members' potential to assume other
responsibilities.
Regulation 5.3:  The staff member shall have the right to see and comment on the evaluation, which,
along with any such comments, shall form part of the staff member's permanent record.
SALARIES, BENEFITS AND POST CLASSIFICATION
Regulation 6.1:   The compensation policy of the WTO shall be to secure, within its budget, staff
members of the highest standards of efficiency, competence and integrity and shall be consistent with
the principle of equal pay for work of equal value.
Regulation 6.2:  The WTO shall establish a salary scale which shall be adjusted annually according
to the method described in Annex A and subject to th e constraint that the annual adjustment shall not
exceed, on a cumulative basis, the movement of the Swiss consumer price index.  The salary scale and
the method of adjustment shall be subject to review every five years.
Regulation 6.3:  The salaries payable to staff members shall be the net amounts after internal
taxation.  They shall be payable in Swiss francs.
Regulation 6.4:  The WTO shall institute and maintain programmes to classify posts according to
their purpose, function, and scope and level of responsibility so as to provide a sound and equitable
basis for the remuneration of staff members.
Regulation 6.5:  The WTO shall institute and maintain programmes to recognize staff members'
contributions and to reward staff members according to their performance and achievements as
documented in the annual evaluation reports.  Performance-related awards shall constitute onaggregate no more than 2 per cent of the total net salary budget, subject to review by the General
Council in light of a proposal by the Director-General.WT/GC/W/102
Page 11
Regulation 6.6:  Staff members shall be entitled to a dependency allowance in respect of a primary or
secondary dependant.
Regulation 6.7:  The Director-General shall establish a normal working week.
Regulation 6.8:   Staff members shall be entitled to annual leave.
Regulation 6.9:   Subject to conditions and definitions laid down in the Staff Rules, internationally
recruited staff members serving outside the country of their recognized home shall be entitled to an
education grant, home leave, family visit and separation grant.
Regulation 6.10:  Special leave may be granted by the Director-General in exceptional cases.
CAREER DEVELOPMENT
Regulation 7.1:   The WTO shall establish policies designed to provide career development
opportunities to all staff members regardless of gender, nationality, race, religion or age whilst at thesame time ensuring the most effective allocation of human resources.  These policies shall include
training, reassignment, promotion, and secondment and loan to other international or national
organizations.  The policies shall take account of the size and nature of the organization and, as
appropriate, of the contract policy.
SOCIAL SECURITY
Regulation 8.1:  A WTO Pension Plan shall be established to provide disability, retirement, death
and related benefits for the staff members of the WTO and their survivors.
Regulation 8.2:  The Director-General shall establish a scheme providing for the coverage of medical
expenses incurred by staff members and their families as a result of sickness or accident and
reasonable compensation to staff members  in the event of service-incurred illness, accident or death.
Coverage shall also be provided for sick leave, maternity leave or  parental  leave.
TRAVEL AND REMOVAL EXPENSES
Regulation 9.1: Subject to conditions and definitions laid down in the Staff Rules, the WTO shall pay
the travel expenses of staff members, their spouses and dependent children.
Regulation 9.2: Subject to conditions and definitions laid down in the Staff Rules, the WTO shall pay
removal costs for staff members.
SEPARATION FROM SERVICE
Regulation 10.1:   Separation from service may occur as a result of :
(a) resignation, with due notice;
(b) expiration of a contract in accordance with its terms;
(c) termination of a contract by the Director-General;
(d) retirement;(e) summary dismissal for serious misconduct;
(f) abandonment of post;
(g) death.WT/GC/W/102
Page 12
Regulation 10.2:  Staff members shall normally not be retained in service beyond the age of sixty-
two years.
Regulation 10.3: The following cases shall constitute grounds for termination of contract by the
Director-General:
(a) reduction of the staff, or if the necessities of the service require abolition of the post
occupied by the staff member concerned and redeployment is not possible;
(b) if the staff member is incapacitated for further service for reasons of health;(c) if such action is desirable in view of the needs of the WTO, on terms mutually agreed
with the staff member;
(d) if the performance of the staff member concerned falls short of the minimum
standards required, as documented in the annual evaluation reports;
(e) if the conduct of the staff member does not meet the highest standards of integrity
required by these regulations including the respect of obligations detailed in
Annex B;
(f) if facts anterior to the appointment of the staff member come to light which, had they
been known, would have precluded appointment.
Regulation 10.4:   In cases provided for under Staff Regulation 10.1(b), a staff member shall be given
notice.  The expiration of a fixed-term contract in accordance with its terms shall not give rise to the
payment of an indemnity.
Regulation 10.5:   A staff member whose contract is terminated under Staff Regulation 10.1(c) shall
be given notice or, exceptionally, payment in lieu of notice.
Regulation 10.6:  Termination under Staff Regulation 10.3 (a), (b), or (c) shall give rise to an
indemnity which may be increased in exceptional cases by up to 50 per cent in case of terminationunder Staff Regulation 10.3(c) above.  Termination under Staff Regulation 10.3(d) may, in cases of
exceptional hardship, give rise to an indemnity not exceeding one half of the indemnity provided
under Staff Regulation 10.3(a) or (b).
Regulation 10.7:   A separation grant shall be payable in cases of separation under Staff Regulation
10.1(a), 10.1(b), 10.1(c) (provided the termination occurs pursuant to Staff Regulation 10.3(a), (b) or
(c)), 10.1(d) or 10.1(g)).
(a) to internationally recruited staff members who provide proof of relocation outside
Switzerland after separation from service;
(b) to other staff members who separate from the WTO upon completion of a minimum
of 10 years of service.  The amount of the grant payable in such cases shall
correspond to 50% of the grant payable under (a) above.
Regulation 10.8:   (Deleted)
Regulation 10.9:   Without prejudice to the provisions of Staff Regulations 12.2 to 12.5, no
termination under Staff Regulation 10.3(a), (b), (d) or (e) shall take place until the matter has been
considered and reported on by a joint advisory body.WT/GC/W/102
Page 13
DISCIPLINARY MEASURES
Regulation 11.1:  The Director-General may apply disciplinary measures to a staff member whose
conduct is unsatisfactory.
Regulation 11.2:   Disciplinary measures shall be proportionate and may consist of one or more of the
following:  written censure, loss of one or more sala ry increments, deferment of a salary increment for
a specified period, suspension without pay, fine, demotion, termination of contract with or without
notice or compensation in lieu thereof, or summary dismissal for serious misconduct.
Regulation 11.3:   The Director-General shall seek advice of a joint advisory body when proposing
disciplinary measures, with the exception of summary dismissal for serious misconduct.
Regulation 11.4:  A staff member shall be notified in writing of the grounds for the disciplinary
measure proposed under Staff Regulation 11.1 and shall be afforded the opportunity to make
observations on the proposal.
Regulation 11.5:   A disciplinary measure is an administrative decision notified to the staff member in
writing and open to appeal by the staff member.
GRIEVANCES AND APPEALS
Regulation 12.1:  The WTO shall provide for a conciliation procedure in order to endeavour to
resolve grievances submitted by staff members relating to their conditions of employment.
Regulation 12.2:   In disputes relating to their conditions of service, staff members have the right to
due process, as set out in the Staff Rules.
Regulation 12.3:   Administrative decisions are open to appeal to the Director-General by a staff
member on the grounds of non-observance, in substance or in form, of the terms of the contract and of
such provisions of the Staff Regulations  and Staff Rules  as are applicable to the case.
Regulation 12.4:  The Director-General shall establish a joint appeals board to provide advice in the
event of an appeal by a staff member.
Regulation 12.5:  The Administrative Tribunal of the International Labour Organization shall, under
the conditions prescribed in its statute, hear and pass judgement upon a complaint from a staff
member alleging non-observance, in substance or in form, of the terms of the contract and of such
provisions of the Staff Regulations  and Staff Rules  as are applicable to the case.
AMENDMENTS
Regulation 13.1:   The Staff Regulations  may be amended by the General Council.  Such amendments
shall be without prejudice to staff members' rights acquired under the WTO Staff Regulations.
Regulation 13.2:   The Staff Rules  may be amended by the Director-General in accordance with the
Staff Regulations  and without prejudice to the acquired rights of staff members under those
Regulations and Rules.   The General Council shall be informed of amendments to the Staff Rules.
Amendments carrying financial implications or creating new rights for staff members shall beapproved by the General Council before their entry into force, except where they are the result of
approved automatic mechanisms.WT/GC/W/102
Page 14
TRANSITIONAL PROVISIONS
Regulation 14.1:   Prior service under an ICITO/GATT contract will be counted for all purposes as
service under a WTO contract.WT/GC/W/102
Page 15
ANNEX A
WTO SALARY SCALE - METHOD OF ANNUAL ADJUSTMENT
Pursuant to Staff Regulation 6.2, the WTO salary scale shall be adjusted annually on
1 January according to the following method:
Step 1
The movement of the Swiss consumer price index shall be measured over the 12-month
period ending on 30 June of the preceding year on the basis of the statistical data provided by the"Office cantonal de la statistique" in Geneva.
Step 2
The real movement of civil service salaries in France, Germany, Japan, the United Kingdom
and the United States of America shall be measured over a corresponding 12-month period on the
basis of the following data:
Country Data source
France, Germany, United Kingdom Indices of real net national civil service
remuneration published by the Inter-
Organisations Study Section on Salaries andPrices, Organization for Economic Cooperation
and Development, for the period July - June
immediately preceding the effective date of thesalary adjustment.
Japan Movement of national civil service salaries on a
fiscal year basis (April - March) as established
by official government source in December ofthe year but one preceding the effective date of
the salary adjustment, deflated by the consumer
price index movement for Japan for the
corresponding period, as published in IMF
International Financial Statistics.
United States of America Movement of United States Federal Civil
Service General Schedule pay for the periodJanuary - December of the year but one
immediately preceding the effective date of the
adjustment, deflated by the United States
consumer price index for the corresponding
period, as published in IMF InternationalFinancial Statistics.WT/GC/W/102
Page 16
1. Step 3
The adjustment to be taken into consideration for application to the WTO salary scale shall
then be determined by means of the following formula:
where
X = adjustment to be taken into consideration
I = movement of Swiss consumer price index over the reference periodS = real movement of civil service salaries indexi = countriesnS
*=Xin
1=i/g229
ΙWT/GC/W/102
Page 17Step 4
The adjustment to be applied to the WTO salary scale is subject to the constraint that the annual adjustment shall not exceed, on a cumulative basis, the
movement of the Swiss consumer price index.  The operation of this constraint is illustrated below:
Year 0 Year 1 Year 2 Year 3 Year 4 Year 5 Year 6
Movement of Swiss consumer price
index
INDEX
% MOVEMENT100 102
2.0%105
2.9%107
1.9%112
4.7%115
2.7%120
4.3%
Movement of WTO salaries
INDEX
% MOVEMENT100 102
2.0%105
2.9%107
1.9%111.75
4.4%114.75
2.7%120
4.6%
Calculations:
Variable 1
(Swiss CPI movement)2 3 253 5
Variable 2
(average movement of national civil
service salaries, as a % of cost-of-
living movement)100 120 100 75 100 105
Annual deficit
Annual reserve
Annual recovery
Annual cumulative total0
0
0
00
20
0
200
0
0
2025
0
20
-50
0
0
-50
5
5
0
RESULT (WTO salary adjustment as
percentage of Swiss CPI movement)100 100 100 95 100 105WT/GC/W/102
Page 18
ANNEX B
STANDARDS OF CONDUCT IN THE WORLD TRADE ORGANIZATION1
DRAFT STANDARDS OF CONDUCT
Introduction
1. The general duties and obligations of the staff of the WTO Secretariat are set forth in
Article VI of the Agreement Establishing the World Trade Organization and are further elaborated in
the Staff Regulations and Rules.  The present annex is intended to underline certain basic principles
and promote a clearer understanding of the standards of conduct required of the staff of the WTO
Secretariat.
Basic considerations
2. One of the fundamental standards of conduct derives from the requirement of integrity.
Integrity implies not only honesty, truthfulness and freedom from corrupting influences but alsointegrity as an international public official.  Staff members must regulate their conduct with the
interests of the WTO in view and avoid placing themselves in a position where their private interests
would actually or potentially conflict with the interests of the WTO.
3. A second requirement is the need to develop and maintain an international outlook, based on
loyalty to the WTO.  The acceptance of the oath of office by the staff member implies a willingness to
seek to understand and to be tolerant of different points of view, different cultural patterns and
different work habits.  Staff members are expected to work without prejudice or bias with colleagues
of all nationalities, religions and cultures and to exercise judgement and restraint in all expressions of
view.  At the same time, they are not expected to give up their own personal or political views, nor
their national characteristics.
4. A third requirement closely related to loyalty is that of independence.  Staff members are
under an obligation neither to seek nor to accept inst ructions in regard to the performance of their
duties from any government or external authority.
5. Lastly, staff members are required scrupulously to observe impartiality in the exercise of their
duties. They retain their personal views and convictions, but they do not enjoy the freedom of a
private person to take sides or to express their opinions on controversial matters where this may
reflect adversely on the WTO or on their status as international civil servants.
Conduct within the WTO Secretariat
6. The first opportunity, and obligation, for staff members to demonstrate and enhance their
international outlook is in their working relationships with their colleagues.  In this way, they will also
increase the effectiveness of the Secretariat.
                                                     
1 Adapted in part from the ICSAB Report on Standards of Conduct in the International Civil
Service 1954.WT/GC/W/102
Page 19
7. Supervisors must set the tone by personal example and accept their responsibility for the
guidance and training of their staff.  Impartiality, tolerance and understanding should underpin their
general attitude to their staff.  Supervisors must take care to strike the right balance between the need
for discipline and the need for understanding and fair tr eatment of their staff.  It is their task to ensure
scrupulously that the views of subordinates are h eard and due recognition given to individual merits.
Supervisors shall not indulge in intimidation or favouritism, nor shall they solicit or accept gifts fromtheir staff.  The particular issue of harassment is dealt with separately below.
8. Subordinate staff members must recognize the importance of intellectual discipline and accept
the obligation to place before their supervisors all relevant facts and considerations.  While staff
members have the protected right to record their views in the official file, it is their duty to accept,carry out and defend properly made decisions once they have been taken, whether or not they accord
with their own opinions.
9. Where staff members have serious doubt as to the soundness of a supervisor's instruction, it is
the duty of staff members to place their point of view clearly before the supervisor and, if notaccepted, ask for written instructions.  Once these instructions have been received, staff members
must either carry them out or immediately refer the matter to a higher authority.
10. Staff members must not use their official position to influence or attempt to influence
decisions regarding the appointment of staff.  Staff members may, however, be requested by aresponsible official to provide information or views to permit the latter to make an informed decision
thereon.  Staff members must not use their official position in any way for private gain, either
monetary or otherwise.
11.   No unauthorized staff member may intervene in the award of contracts to commercial firms.
Harassment
12. Every staff member has the right to be treated with dignity and respect, free from abuse or
harassment.  Within this framework, the WTO will not tolerate any type of harassment, and
particularly sexual harassment, within the workplace or associated with work performed on behalf of
the organization.  Conduct which is determined to constitute harassment will be subject to appropriateadministrative or disciplinary action or dismissal.
13. Sexual harassment is any unwelcome sexual advance, request for sexual favour, or other
verbal or physical conduct of a sexual nature, when  it interferes with work, is made a condition of
employment, or creates an intimidating, hostile or offensive environment.  In all cases it refers toconduct that is clearly unwanted by the recipient.  When behaviour of this kind is engaged in by any
official who is in a position to influence car eer or employment conditions (including hiring,
assignment, contract renewal, performance evaluation or promotion) of the recipient of such
attentions, it also constitutes an abuse of power.
14. Three categories of conduct are generally considered to be covered by this definition:
- physical conduct of a sexual nature such as unwanted physical contact of varying
degrees of intimacy;
- verbal conduct of a sexual nature such as unwelcome sexual advances, persistent yet
unwelcome suggestions for social activity outside the workplace, and offensive
flirtations or comments;
- non-verbal conduct of a sexual nature such as the display of pornographic or sexually
suggestive material, or making sexually suggestive gestures.WT/GC/W/102
Page 20
15. Staff shall be free to refuse such conduct or advances without fear of negative consequences
or retaliatory action.
16. Sexual harassment is distinguished from other forms of contact by its unwelcome,
unreciprocated and imposed nature.  Mutually acceptable behaviour is not sexual harassmentregardless of the employment relationship.
17. All staff bear responsibility for the maintenance of a harmonious working environment;  this
implies that, in accordance with the standards of c onduct of the international civil service and the staff
rules, they shall conduct themselves in a way which will ensure that the workplace is free ofintimidation, hostility or offence and, in this context, of any form of harassment, and in particular
sexual harassment.  Managers should make this clear:  (a) by their example;  (b) by clearly
communicating this policy to all their staff;  (c) by enhancing a positive working environment in
which harassment, and particularly sexual harassment, does not occur;  and (d) by ensuring prompt
attention to the adherence to the policy.
18. All staff are equally responsible, however, for complying with this policy and for helping to
create a working environment in which dignity is fully respected.
19. Staff members who believe they are being harassed, and particularly sexually harassed,
should immediately inform the alleged harasser of the unwelcome nature of his or her behaviour and
express their expectation that it will cease.  In the event that the offensive behaviour does not cease, or
where the circumstances are such that it is too difficult for the staff member to approach the alleged
harasser directly, resort may be had to both informal and formal means of resolving the problem.
Staff members who believe they are being harassed should not hesitate to contact the PersonnelDivision.  In all cases allegations of harassment, and particularly sexual harassment, will be fully,
fairly and promptly investigated and dealt with in a confidential manner.  Any retaliation or threat of
retaliation against individuals making formal or informal complaints of harassment, and particularly
sexual harassment, or assisting in the investigation of complaints will be considered as a violation of
these standards of conduct and will result in severe disciplinary action or dismissal.
Relations with governments and with  representative bodies of the WTO
20. The vital independence of the Secretariat is put to its most crucial test in the relations of staff
members with governments and with representative bodies of the WTO.  The basic guide for staff
members is the oath of office by which they undertake not to seek or accept instructions in regard to
the performance of their duties from any government  or authority external to the WTO.  All staff
members are international officials, and not representatives of a national government or national
policy.  The Members of the WTO have committed themselves to respect this status through their
acceptance of the Agreement Establishing the WTO, and notably Articles VI and VIII thereof.
21. Notwithstanding the independence of its Secretariat, it is the Members represented by
governments that make up the WTO.  Conduct which nurtures good relations with Members and
fosters trust and confidence in the Secretariat, strengthens the WTO and promotes its interests.
22. Staff members must avoid any action which would, by impairing good relations with a
government, criticising its actions or undermining or discrediting its authority, reflect adversely on theWTO or the status of a WTO staff member as an international civil servant.
23. In any conflict of national and international loyalties, the conduct of the staff member must
reflect his obligations to the WTO.  Any appearance of disloyalty to the WTO would be incompatible
with the status of a WTO staff member.WT/GC/W/102
Page 21
24. WTO staff members may not consider themselves as liaison agents between their
governments and the WTO.  The Director-General may, however, request a staff member to serve in a
liaison capacity, in which case it is the duty of the staff member to act on behalf of the Director-
General with respect to the national authorities concerned and not vice-versa.  Staff members should
be able to report accurately on their governments' policies, without attempting to further them.
25. Two fundamental principles underlie the correct relations between the Secretariat and the
representative bodies of the WTO.  First, the WTO is composed of its Members, and the Secretariat is
there to provide services to the WTO, not to determine its policies.  Second, the unity of the
Secretariat and the primary responsibility of the Director-General as the head of that Secretariat must
be understood and accepted.
26. Staff members submit proposals to the representative bodies in the name, and in accordance
with the views and recommendations, of the Director-General.  Where the position of the Director-
General is not yet known, the staff member should either ascertain that position before expressing a
view or make it clear that the view expressed is tentative and subject to referral to the Director-General.
27. Other than in response to requests through official channels, staff members should not prepare
for the use of government or other official representatives any material on political or other
controversial questions which are under discussion in a representative body, nor should they plead forany position at variance with that of the Director-General.
28. Staff members may not lobby government representatives to secure support for improvements
in their personal situation or that of another staff member, or for blocking or reversing unfavourable
decisions.  The necessary arrangements exist within the Secretariat for staff members to secure fairtreatment in respect of their administrative status.
29. Staff Regulation 2.4 provides for the establishment of regular channels of communication
between the Director-General and the staff representatives before the Director-General decides on the
proposals to be made to the WTO bodies regarding personnel policies, conditions of work and staff
welfare.  Where, despite consultations, the staff representatives maintain a point of view which is not
accepted by the Director-General, arrangements shall be made to permit the staff representatives tobring their views, orally or in writing, to the attention of the appropriate representative body.
Individual efforts by staff members to influence delegations to support the views of the staff
representatives are not appropriate.
30. National officials on secondment to the WTO shall adjust their conduct in accordance with
their international status.
31. Staff members shall not accept remuneration from any government or other authority external
to the WTO with respect to their service with the WTO either prior to, during or after such service.
32. Appointment to the WTO does not relieve staff members of their legal and civil obligations
on matters unrelated to the WTO.  Except where the Director-General determines that compliance
with a particular request or order is not compatible with the interest of the WTO, obligations must be
observed.  In cases of doubt, the staff member shoul d seek prior guidance from the Director-General.
Staff on leave without pay from the WTO
33. Staff who are granted leave without pay by the WTO remain WTO staff members and under
the obligation to observe these standards of conduct.  In particular, staff members authorized to accept
employment during such leave must ensure that they conduct themselves in such a way as to avoidactual and potential conflicts of interest.WT/GC/W/102
Page 22
Participation of staff members in the WTO dispute settlement process1
34. When paragraph V:4(c) of the Rules of Conduct for the Understanding Governing Rules and
Procedures for the Settlement of Disputes (hereaft er called the "Rules of Conduct" and contained in
WT/DSB/RC/1) is applicable (i.e. when a staff member is considered to assist in a dispute), staff
members shall disclose to the Director-General the information required to be disclosed by
paragraph VI:2 of the Rules of Conduct including their participation in earlier formal consideration of
the specific measure at issue in a dispute under any provisions of the WTO Agreement, including
through formal legal advice under Article 27.2 of the DSU, as well as any involvement with the
dispute, as an official of a WTO Member government or otherwise professionally, before having
joined the Secretariat.  The Director-General shall consider any such disclosures in deciding on the
assignment of members of the Secretariat to assist in a dispute.  When the Director-General, in the
light of that consideration, including of available Secretariat resources, decides that a potential
conflict of interest is not sufficiently material to warrant non-assignment of a particular member of theSecretariat to assist in a dispute, the Director-General shall inform the panel of that decision and of
the relevant supporting information.
35. If a staff member becomes the object of a complaint regarding material violation of the Rules
of Conduct, pursuant to Article VIII:11 , the Dire ctor-General shall provide any evidence submitted in
respect thereof to the staff member who is the subject of such evidence.  The Director-General shall
consult with the person who is the subject of the evidence and the panel and shall, if necessary, take
appropriate disciplinary action in accordance with Staff Regulation 11.1.
Political activities
36. Staff members should refrain from political activities which could reflect adversely on their
independence and impartiality.
37. The following are some examples of activities which could be regarded as being inconsistent
with, or reflecting adversely upon, the independence and impartiality required of WTO staff members
by their status as international civil servants.
- candidate for public or political office and hence the holding of such office;
- public support for a political party by speeches, statements to the press or written
articles;
- initiation or signature of petitions involving issues directly or indirectly related to the
activities of the WTO;
- acceptance or solicitation of financial contributions for political purposes;
- membership or support for any group which imposes on the staff member an
obligation to act incompatibly with the staff member's international status, even
where such  action may appear to be in support of resolutions and decisions of the
WTO.
38. Again, in cases of doubt, the staff member should seek prior guidance from the Director-
General.
                                                     
1 This text corresponds to the text resulting from the negotiation of the Rules of Conduct for the
Understanding on Rules and Procedures Governing the Settlement of Disputes (WT/DSB/RC/1).WT/GC/W/102
Page 23
Relations with the public
39. In their contacts with the public and private individuals, staff members have an important role
to play in fostering understanding and support for the activities and objectives of the WTO.  Tact,
restraint and tolerance must be the watchwords in those contacts.  Staff members must also be aware
of the importance of acquiring sufficient knowledge of the work of the WTO to permit them toprovide accurate information and respond effectively to criticism.
40. Staff members must also understand and respect the culture and customs of the country of the
duty station.  They must abstain from conduct wh ich would reflect adversely on the WTO and avoid
giving cause for resentment.  Public airing of personal grievances and destructive criticism of theWTO are inadmissible.  At the same time, staff members are entitled to expect the WTO to respond to
unjustified public criticism levelled against them.
41. In their contacts with the press, staff members should make statements only where authorized.
As a general rule, all information to the press sh ould be channelled through the Information and
Media Relations Division.  When a staff member is called upon to communicate with the press, the
staff member must understand that the information is being provided in the name of the WTO and
avoid personal references and views.  Using the press to further personal interests, air grievances or
seek to influence policy decisions will be regarded as improper conduct.
42. As stipulated in Staff Regulation 1.9, staff members shall not accept any honour, decoration
or favour, or gift or remuneration other than of nominal value, from any source external to the WTO.
Members of the WTO will, it is hoped, also respect this principle and avoid placing staff members in
the embarrassing position of refusing such offers.  Staff members handling business with commercial
firms must apply the same rules and be particularly circumspect concerning gifts and offers ofhospitality.
43. Again, in cases of doubt, the staff member s hould seek guidance from the Director-General.
Outside activities
44. No outside activity will be permitted which may interfere with the work or is incompatible
with the status of a WTO staff member.  There can be no participation in activities which may impair
the capacity of staff members to perform their duties, or which would reflect adversely on the dignity
or standing of the WTO.  Outside contractual obligations which are principally for financial gain or
which would interfere with the staff member's availability for official work are not permitted.
The private life of the staff member
45. As a matter of principle, the WTO will not intrude upon the private life of staff members.  At
the same time, in order not to bring the WTO into disrepute, staff members must set themselves a high
standard of personal conduct.  Their conduct must not infringe upon any demonstrable interests of theWTO, nor offend the community in which they live.  Care and discretion should be exercised not only
by staff members but also by members of their family.  Scrupulous compliance with laws of the host
country and honouring of financial obligations are but two examples of the conduct required.
46. Violations of law can range from serious criminal activities to trivial offences.  Guidelines are
best developed in the light of the nature and circumstances of individual cases.  Generally speaking,
convictions by a national court and acts which are generally recognized as offences by national
criminal laws will be considered as inadmissible conduct.  However, the WTO shall not take into
account convictions for trivial offences or for offences not generally considered to reflect on integrity.
Similarly, convictions made without observance of the generally recognized principles of due processwill be disregarded.WT/GC/W/102
Page 24
Conclusion
47. The standards set forth above may be high and exacting but can and should be achieved by
WTO staff members.  Special restraints in public and private life must be accepted so that the staff
member can make a positive contribution to the work and ideals of the WTO.  Integrity, loyalty,independence and impartiality,  are absolute requirements.  The WTO must be able to project an
image which convinces all those with whom it has contact that its staff fully accept the high
responsibilities their status demands.WT/GC/W/102
Page 25
WGCS(98)2/Rev.9
        7 October 1998
WORKING GROUP ON CONDITIONS OF SERVICE
APPLICABLE TO THE STAFF OF THE WTO SECRETARIAT
DRAFT REGULATIONS OF THE WTO PENSION PLANWT/GC/W/102
Page 26
PENSION PLAN
REGULATIONS OF THE PENSION PLAN OF THE WTO
SECTION I
GENERAL PROVISIONS
Article 1
Scope and purpose of the Plan
The Pension Plan of the World Trade Organization, hereinafter called "the Plan", shall
provide retirement, death, disability and related benefits for the staff of the World Trade Organization
(WTO).
Article 2
Definitions
In these Regulations:
(a)  "Actuarial equivalent"  and "equivalent actuarial value"  shall mean the equivalent
determined according to the actuarial tables adopted by the Management Board under Article 8.
(b)  "Administrative Rules"  shall mean the rules adopted by the Management Board under
Article 5.
(c)  " Beneficiary " shall mean a person entitled to receive, or in receipt of, a benefit under
these Regulations.
(d)  "Benefit"  shall include a withdrawal settlement under Article 27, and a residual settlement
under Article 34.
(e)  "Child"  shall mean a child existing on the date of separation or death in service of a
participant and shall include the step-child or adopted child of a participant, and a child in utero  upon
its birth;  in the event of uncertainty as to whether adoption has taken place, the matter shall be
decided by the Management Board.
(f)  "Commute"  shall mean cause to be converted and paid in a lump sum part or the whole of
a benefit otherwise payable at periodic intervals, according to the actuarial tables of the Fund.
(g)  " Dependent " shall mean dependent according to the criteria set forth in Staff Rule 106.13.
(h)  " External auditors " shall mean the External Auditors of the WTO.
(i)  "Final average remuneration"  shall mean the average annual pensionable remuneration of
a participant during:
(i)  The thirty-six completed calendar months of highest pensionable remuneration within
the last five years of the participant's contributory service; or
(ii)  If the participant's contributory service was less than five years, the thirty-six
completed calendar months of highest pensionable remuneration within the actual
period of such service; orWT/GC/W/102
Page 27
(iii)  If the participant's contributory serv ice contained less than thirty-six completed
calendar months, the actual number of such months within his contributory service; or
(iv)  If the participant's contributory service contained no completed calendar month,
the actual period of such service.
(j)  "Interest"  shall mean interest compounded annually at the rates specified in Article 8.
(k)  " Management Board"  shall mean the Management Board specified in Article 4.
(l)  "Normal retirement age" shall mean age 62, except that it shall mean age 60 for a
participant whose participation commenced before 1 January 1990.
(m)  "Own contributions"  shall mean the contributions, not exceeding the percentage of the
participant's pensionable remuneration specified in Article 21(b), made to the Plan by or on behalf of
a participant in respect of contributory service under Article 17, with interest.
(n)  "Participant" shall mean a member of the WTO staff who is participating in the Plan in
accordance with the terms of Article 16.
(o)  " Part-time " shall mean employment under conditions requiring work during at least half
the normal weekly working hours prescribed under Staff Rule 106.1(a).
(p)  "Pensionable remuneration" shall mean the remuneration defined in Article 20.
(q)  "Plan"  shall mean the Pension Plan of the World Trade Organization.
(r)  "Restoration" shall mean the inclusion in contributory service of the prior contributory
service of a former participant who again becomes a participant.
(s)  "Secondary dependant"  shall mean the mother or father, or an unmarried brother or sister
under the age of twenty-one, who was dependent on th e participant at the date of the participant's
death if the participant died in service, or from th e date of the participant's separation to the date of
death if the participant died after separation.
(t)  "Director-General"  shall mean the Director-General of the World Trade Organization.
(u)  "Separation" shall mean ceasing to be in the service of the WTO.
(v)  "Service" shall mean employment as a full-time or part-time member of the staff of the
WTO.
(w)  "Validation"  shall mean the inclusion in contributory service of a period of
non-contributory service which occurred prior to the commencement of participation.
Article 3
Interpretation
The Management Board shall, to the extent required to give effect thereto, interpret these
Regulations.WT/GC/W/102
Page 28
SECTION 2
ADMINISTRATION
Article 4
Management Board
(a) The Management Board shall consist of a chairman elected by the General Council, four
members and four alternates elected by the General Council, and four members and four alternates
appointed by the Director-General, of whom two memb ers and two alternates shall be selected by the
Director-General from a list drawn up by the partic ipants.  In addition, the beneficiaries may designate
an observer.
(b) The Chairman and the elected and appointed members and alternates shall hold office for a
term of three years or until the election or appointm ent of their successors and they shall be eligible
for re-election or re-appointment.  In the event that  the Chairman or a member or alternate ceases,
during their term, to hold office, another member or alternate may be elected or appointed to hold
office during the remainder of the term.
(c) Decisions of the Management Board shall normally be taken by consensus and otherwise by
simple majority.
Article 5
Administration of the Plan
(a) The Management Board shall be responsible for the management and administration of the
Plan, with particular regard to its actuarial balance.
(b) The management and administration of the Plan shall be in accordance with these Regulations
and with Administrative Rules consistent therewith, which shall be adopted by the Management
Board and approved by the General Council.
(c) The duties and authority of the Management Board as well as rules for the auditing of
accounts shall be laid down in rules of procedure which shall be approved by the General Council.
(d) The Management Board shall present a report each year to the General Council and to the
participants, giving in particular:
(i) an account of the financial transactions during the year,
(ii) the balance sheet of the Plan,
(iii) a summary of changes in Plan membership and of benefits awarded during the year,(iv) a statement of the investment principles being followed by the Management Board,(v) a summary of the investment performance of the Plan during the year, and a
description of the assets held at the end of the year,
(vi) any other decisions taken in connection with the administration of the Plan.
(e) An audit of the accounts of the Plan shall be made annually by the External Auditors, in a
manner agreed between the External Auditors and the Management Board;  a copy of the audit report
shall be included in the report under (d) above.WT/GC/W/102
Page 29
(f) All expenses incurred in administering the plan, investing plan assets, employing the services
of professional advisers and those incurred by the WTO in providing facilities for and in support of
the Management Board shall be borne by the Plan.  Each element shall be separately identified in the
annual report.
Article 6
Secretariat
The Director-General shall appoint a Secretary upon a recommendation from the
Management Board.  The appointment of the Secretary shall be subject to regular review by theManagement Board.  The Secretary, acting under the authority of the Management Board, shall be
qualified to apply these Regulations, carry out the decisions of the Management Board and deal with
current business in accordance with the directives of the Management Board.  The Secretary, or the
officer empowered to act in the absence of the Secretary, shall certify for payment all benefits
properly payable under these Regulations.
Article 7
Consulting actuary and other advisers
A consulting actuary to the Management Board shall be appointed by the Director-General
upon the recommendation of the Board for the purpose of providing actuarial services to the Plan.Such other advisers as the Management Board considers appropriate and necessary shall be appointed
by the Director-General upon the recommendation of the Board.
Article 8
Adoption of actuarial bases
(a) The Management Board shall, on the advice of the consulting actuary, adopt, and revise when
appropriate, service, mortality and other tables and shall decide upon the rates of interest to be used in
the periodic actuarial valuation of the Plan and for other actuarial calculations.
(b) At least once in every three years the Manageme nt Board shall have an actuarial investigation
made into the service, mortality and benefit experience of the participants and beneficiaries of thePlan and shall determine whether the actuarial bases of the Plan should be modified.
(c) Without prejudice to Article 8(a) above, the rate of interest to be used in all calculations
required in connection with these Regulations shall be [ ]*
*To be confirmed by the Management Board in the light of actual advice.
Article 9
Actuarial valuation of the Plan
(a) The Management Board shall have an actuarial valuation made of the Plan at least once every
three years by the consulting actuary.
(b) The report on the actuarial valuation shall explain the assumptions on which the calculations
are based, describe the method of valuation used, and state the results and conclusions.
(c) The Management Board shall, in the light of the report of the consulting actuary, recommend
such action as it deems desirable to the General Council through the Committee on Budget, Finance
and Administration, which shall both be provided with copies of the report.  In making its
recommendations, the Management Board shall provide a best estimate of the possible implicationsWT/GC/W/102
Page 30
for the funding of benefits of maintaining contributions at the existing level, and for the funding of
contributions of maintaining benefits at the existing level.
(d) In the particular case of an actuarial deficit or surplus, the Management Board shall
recommend to the General Council any necessary corrective action.  Such action may include anadjustment to contributions and/or benefits or any other measure which the Management Board deems
appropriate to restore an actuarial balance.
Article 10
Transfer of pension rights
The Management Board may, subject to the concurrence of the General Council, approve
agreements with member Governments and with intergovernmental organizations, with a view to
securing continuity of pension rights for participants in the Plan.
SECTION 3
ASSETS AND INVESTMENT
Article 11
Assets of the Plan
The assets of the Plan shall be derived from:
(a) the contributions of the participants,
(b) the contributions of the WTO,(c) the yield from the investments of the Plan, and
(d) receipts from any other source.
Article 12
Property in the assets
(a) The assets shall be the property of the Plan and shall be acquired, deposited and held,
separately from the assets of the WTO, on behalf of the participants and beneficiaries of the Plan.
The assets shall be used totally and exclusively for the purposes of these Regulations.
(b) All monies forming part of the Plan which are not immediately required to be expended for
the purposes of the Plan shall be invested by the Management Board in the name of the Plan.  Moniesshall be invested in:
(i) stocks, shares, debentures, annuities or other policies of assurance or any other
generally recognized investments, including any interests in property;
(ii) any instrument intended to remove or reduce the adverse effect upon Plan
investments of fluctuations in the relative values of the Swiss franc and other
currencies in which such investments are held;
(iii) any instrument intended to remove or reduce the adverse effect upon Plan
investments of fluctuations in the relative values of these investments and some other
class of investment.WT/GC/W/102
Page 31
Article 13
Investment of the assets
(a) The Management Board shall determine the investment policy after taking professional
advice and shall appoint investment managers to implement that policy.
(b) The Management Board shall arrange for the maintenance at all times of detailed accounts of
all investments held, contributions received, benefits paid, income received on investments and all
other transactions of the Plan.  The accounts must be sufficient to meet all the requirements of
Article 5.
Article 14 - DELETED
Article 15
Currency
(a) Contributions, sums payable for restoration and validation, and benefits under these
Regulations shall be calculated in Swiss francs.  The accounts shall be kept in that currency.
(b) Benefits may, however, be paid in any currency selected by the beneficiary at the rate of
exchange for the Swiss franc applicable for the purposes of the Plan on the date of payment, except
that the beneficiary may not amend the choice of currency more than once every six months.
SECTION 4
PARTICIPATION, CONTRIBUTORY SERVICE AND CONTRIBUTIONS
Article 16
Participation
(a) Every member of the staff of the WTO shall become a participant in the Plan:
(i) upon taking up a contract fo r six months or longer, or
(ii) upon completing six months of service without an interruption of more than 30 days,
whichever is the earlier, provided that participation is not expressly excluded by the terms of the
contract.
(b) Participation shall cease when a benefit becomes payable in respect of a participant, except
that participation shall not be deemed to have ceased where a participant resumes contributory service
within 12 months after separation without a benefit having been paid to that participant.
Article 17
Contributory Service
(a) Contributory service shall accrue to a partic ipant from the date of commencement to the date
of cessation of participation.
(b) Contributory service may accrue in respect of special leave without pay if contributions are
received by the Plan in accordance with Article 21(c).
(c) Additional contributory service may accrue to a participant if prior service is validated or
restored in accordance with Article 18 or 19.WT/GC/W/102
Page 32
Article 18
Validation of non-contributory service
(a) Participants may elect, within one year of the commencement of their participation, to
validate prior service during which they were  not eligible under these Regulations for participation inthe Plan, provided that:
(i) such prior service was with the WTO,(ii) participation succeeded the ending of such service within two years,(iii) the service was the most recent prior to their participation and had not been
interrupted by a break of more than one year,
(iv) participation had not, during such service, been expressly excluded by the terms of
the contract, and
(v) the totality of the period open to validation is elected.
(b) A beneficiary of the participant under these Regulations, other than the recipient of a residual
settlement, may, if the participant has died before the expiry of the period within which election may
be made, make the election on behalf of the participant within such period.
(c) Validation shall be subject to receipt by the Plan of contributions in accordance with
Article 21(f).
Article 19
Restoration of prior contributory service
(a) A former participant to whom a benefit under these Regulations, other than a disability
benefit, has been or is being paid and who again b ecomes a participant, may, within one year of the
recommencement of participation, elect to restore the prior contributory service.  The election mayapply only to the totality of such service.
(b) The prior contributory service of a former participant to whom a benefit under these
Regulations is due but has not been paid, or to whom a disability benefit has been or is being paid,
and who again becomes a participant, shall be restored.
(c) A beneficiary of a participant under these Regulations, other than the recipient of a residual
settlement may, if the participant has died before the expiry of the period within which the election
may be made, make the election on behalf of the participant within such period.
(d) Restoration shall be subject to receipt by the Plan of contributions in accordance with
Article 21(g).
Article 20
Pensionable remuneration
The pensionable remuneration shall be as set out in Annex 1 of the Staff Rules which is
reproduced in Annex 1 of the present Regulations.WT/GC/W/102
Page 33
Article 21
Contributions
(a) Each participant shall pay a contribution deducted from the monthly salary and transferred
directly to the Plan.  The contribution of the participant and of the WTO shall correspond to 7.5 per
cent and 15 per cent of pensionable remuneration, respectively.
(b) The contributions prescribed in paragraph (a) above shall be paid concurrently with the
accrual of contributory service under Article 17.
(c) Contributions for the purpose of Article 17(b), in respect of special leave without pay, shall be
payable concurrently with such leave, by the participant in full, or, in exceptional cases , by the WTO
in full, or in part by the participant and in part by the WTO.
(d) Contributions for the purpose of validation under Article 18 shall be payable, with interest, by
the participant and by the WTO in the amounts which would have been payable respectively by each,
had service during the period been contributory.
(e) Contributions for the purpose of restoration under Article 19 shall consist of the benefit, other
than the disability benefit, received by the part icipant in respect of  the participant's previous
participation, together with interest from the date of payment of the benefit.
(f) In any case in which a period of contributory service accrues, or is deemed to accrue, to a
participant otherwise than in accordance with Artic le 17, contributions shall be payable to the Plan,
with interest, by the participant in the amount which would have been payable had service during such
period been contributory, and by the WTO in an amount sufficient to meet any additional obligations
to be borne by the Plan resulting therefrom.
Article 22
Guarantee of benefits
In the event of dissolution of the WTO, the General Council shall take the necessary steps to
guarantee the benefits acquired under these Regulations by participants and beneficiaries at the date of
dissolution.
SECTION 5
BENEFITS
Article 23
Entitlement to benefits
(a) A participant who is not eligible for a retirement benefit under Article 24 or a disability
benefit under Article 29 may elect on separation to receive either an early retirement benefit, or a
deferred retirement benefit or a withdrawal settlement if the participant satisfies the conditions of
Article 25, 26 or 27, respectively.
(b) Retirement, early retirement and deferred retirement benefits shall be payable at periodic
intervals for life.
Article 24
Retirement benefit
(a) A retirement benefit shall be payable to a participant whose age on separation is the normal
retirement age or more and whose contri butory service was five years or longer.WT/GC/W/102
Page 34
(b) The benefit shall, subject to paragraph (c) below, be payable at the standard annual rate of
2 per cent of final average remuneration (FAR) per year of service up to a maximum of 70 per cent of
FAR.
(c) The benefit may be commuted by the participant into a lump sum not exceeding 1/3 of the
actuarial equivalent of the benefit or the amount of the participant's own contributions, whichever is
the larger.
Article 25
Early retirement benefit
(a) An early retirement benefit shall be payable to a participant whose contributory service was
five years or longer, provided that the period rema ining between the effective date of retirement and
the date corresponding to the  participant's normal retirement age shall not exceed five years.
(b) The benefit shall be payable at the standard annual rate for a retirement benefit, reduced by
3 per cent of such benefit for each year between the date the benefit becomes effective and the date
corresponding to the participant's normal retirement age, except that, if the contributory service of the
participant was 30 years or longer, the benefit shall be reduced by 1 per cent per year.
(c) The benefit may be commuted by the participant into a lump sum on the conditions specified
in Article 24.
Article 26
Deferred retirement benefit
(a) A deferred retirement benefit shall be payable to a participant whose age on separation is less
than the normal retirement age and whose contributory service was five years or longer.
(b) The benefit shall be payable at the standard annual rate for a retirement benefit and shall
commence at the normal retirement age, or, if the participant so elects, at any age not less than 55,
provided that in such event it shall be reduced in the same manner and under the same conditions asspecified in Article 25.
(c) The benefit may be commuted by the participant into a lump sum equivalent to the
participant's own contributions.
Article 27
Withdrawal settlement
(a) A withdrawal settlement shall be payable to a participant whose age on separation is less than
the normal retirement age, or if the participant is at the normal retirement age or more on separationbut is not entitled to a retirement benefit.
(b) The settlement shall consist of 10 per cent of final average remuneration for each of the first
20 years of service.
Article 28
Deferment of payment or choice of benefit
(a) The payment to a participant of a withdrawal settlement, or the exercise by a participant of a
choice between one benefit and another, or between  a form of benefit involving payment in a lump
sum and another form, may be deferred at the participant's request at the time of separation for a
period of 12 months.WT/GC/W/102
Page 35
(b) A participant who has deferred a choice under paragraph (a) above shall, if the choice is not
made within the period, be deemed to have chosen a deferred retirement benefit if the participant's age
on separation was less than the normal retirement age, and in any event a form of benefit payable
otherwise than in a lump sum.
Article 29
Disability benefits
(a) A total disability benefit shall, subject to Article 35, be payable to a participant who is found
by the Management Board to be fully incapacitated for further service reasonably compatible with theparticipant's abilities, due to injury or illness consti tuting an impairment to health which is likely to be
permanent or of long duration.
(b) The total disability benefit shall commence on separation or, if earlier, on the expiration of the
paid leave due to the participant and shall contin ue for as long as the participant remains fully
incapacitated, provided that after age 55 incapacity shall be deemed to be permanent.
(c) The total disability benefit shall, if the age of the participant on entitlement is the normal
retirement age or more, be payable at the standard annual rate for a retirement benefit.  If the age of
the participant is less than the normal retirement ag e, the benefit shall be payable at the rate of the
retirement benefit which would have been payable had the participant remained in service until the
normal retirement age and had the participant's final average remuneration remained unchanged.
(d) A partial disability benefit shall, subject to Article 35, be payable to a participant who is
found by the Management Board to be partially incapacitated due to injury or illness constituting animpairment to health and who, as a consequence of that incapacity, is assigned to other duties at a
lower grade.
(e) The partial disability benefit shall be payable at the rate of the retirement benefit which would
be payable if the participant remains in service until the normal retirement age and if the participant's
final average remuneration is equal to the difference between the participant's final average
remuneration before and after the assignment to duties at a lower grade.
(f) A benefit which is discontinued shall, if a participant who has been separated does not upon
such discontinuance again become a participant, be converted to a deferred retirement benefit if the
participant would have been so eligible at the date of separation.  Otherwise, a single payment shall be
made of the balance between the value of the withdrawal settlement under Article 27 and the value of
payments received under this Article.
(g) The Management Board shall prescribe the extent to which and the circumstances in which a
disability benefit shall be reduced or when it shall be terminated as the beneficiary's degree of
incapacity changes, when the beneficiary is in paid  employment or in such other circumstances as the
Management Board deems appropriate.
Article 30
Surviving spouses's benefit
(a) A benefit shall, subject to Article 37 and paragraph (b) below, be payable to the surviving
spouse of a participant who died in service or w ho was entitled to a retirement, early retirement,
deferred retirement or disability benefit at the date of death, if the spouse was married to the
participant at the date of death in service or, if the staff member were separated prior to death, the
spouse was married to the participant at the date of  separation and remained married to the participant
until death.WT/GC/W/102
Page 36
(b) DELETED
(c)   The benefit shall, if the participant died in service or during entitlement to a retirement, early
retirement or disability benefit, be payable at the standard annual rate of 60 per cent of the retirement
or disability benefit which would have been payable to the participant at the date of death, or of 60 percent of the retirement, early retirement or disability benefit including such part thereof as may have
been commuted, as the case may be.
(d) The benefit shall, if the participant died after the commencement of a deferred retirement
benefit, be payable at the rate of 60 per cent of the annual rate of such benefit and, if the participantdied before its commencement, at the rate of 60 pe r cent of the actuarial equivalent at the date of
death of the annual rate of the benefit at the normal retirement age.
(e) The benefit shall be payable at periodic intervals for life or until remarriage, provided that a
benefit payable at an annual rate of less than  [ ]* Swiss francs may be commuted by the survivingspouse into a lump sum which is the actuarial equivalent of the benefit at the standard annual rate
under paragraph (d) above, as the case may be.
*To be confirmed by the Management Board in the light of actuarial value.
(f) The benefit shall, where there is more than one surviving spouse, be divided equally between
the spouses, and upon the death or remarriage of each such spouse shall be equally divided among the
remainder.
(g) A lump sum in the amount of twice the annual ra te of the benefit shall, unless paragraph (f)
applies, be payable to a surviving spouse upon remarriage.
Article 31
Child's benefit
(a) A child's benefit shall, subject to paragraphs (b) and (c) below, be payable to each child of a
participant who is entitled to a retirement, early re tirement or disability benefit or who has died in
service, while the child remains unmarried and under the age of 21.
(b) A benefit shall be payable to a child who is over the age of 21 if the child is found by the
Management Board to have been incapacitated by illness or injury for substantial gainfulemployment:
(i) on reaching the age of 21, if immediately prior thereto a child's benefit was payable,
or
(ii) at the time of death in service or entitlement to a benefit of the participant.
A benefit payable as above shall continue for as long as the child remains incapacitated.(c) A benefit shall, notwithstanding paragraphs (a) and (b) above, not become payable, if the
participant has chosen an early retirement benefit, until the participant dies or reaches the normalretirement age, except to a child under the age of 21, found by the Management Board to be disabled.
(d) Subject to paragraphs (e) and (f) below, the benefit shall be payable during the continuance of
any periodic benefit resulting from retirement, early retirement or disability, or, in the event of death
of the participant, at the annual rate of one third of the benefit which was or would have been payable
to the participant, subject to a minimum of [ ]*  and a maximum of [ ]* Swiss francs per annum.
*To be confirmed by the Management Board in the light of actuarial value.WT/GC/W/102
Page 37
(e) If no other periodic benefit is payable and there is no surviving parent able, in the opinion of
the Management Board, to support the child or if the other periodic benefit payable is to a surviving
spouse who is not a natural or adoptive parent and does not have custody of the child, and subject to
paragraph (f) below, the benefit shall be payable at the rate in paragraph (d) above increased by:
(i) 25 per cent of the retirement, early retirement or disability benefit from which it is
derived, if one child's benefit is payable, and
(ii) [ ]* per cent of the retirement, early retirement or disability benefit from which it is
derived, and divided by the number of eligible children, if more than one such benefitis payable.
*To be confirmed by the Management Board in the light of actuarial value.
(f) The total benefits payable under paragraphs (d) and (e) above, added to any retirement, early
retirement, disability or surviving spouse's benefit shall not exceed the final average remuneration of
the participant at the time of separation from service.
(g) Benefits payable under this article shall be recalculated as may be required to achieve the
purposes of paragraphs (e) and (f) above.
Article 32
Secondary dependant's benefit
(a) A secondary dependant's benefit shall, subject to Article 37 and to paragraph (b) below, be
payable to the surviving secondary dependant of a participant who was entitled to a retirement, early
retirement, deferred retirement or disability benefi t at the date of death, or who died in service.
(b) A benefit shall nevertheless not be payable:
(i) where a benefit is or was payable to a child or to the surviving spouse of the
participant;  and
(ii) in the case of a brother or sister, where the benefit payable to the participant was a
deferred retirement benefit.
(c) The benefit shall be payable at the following rates:
(i) in the case of a mother or father at the rates and under the conditions applicable in
Article 30, save that the Management Board may, in the event of remarriage, decide
in its discretion to continue the benefit;
(ii) in the case of a brother or sister, at the rate applicable in Article 31.
(d) The benefit shall be payable to the person designated by the participant or, in the absence of
such designation or person, to the person designated by the Management Board.
Article 33
Cost-of-living adjustment of benefits
(a) The system of cost-of-living adjustment of benefits provided for in paragraphs (b) – (j),
below, is intended to ensure the maintenance of purchasing power of periodic benefits, in the currency
in which those benefits are paid.  The system of adjustment shall apply to retirement, early retirement,WT/GC/W/102
Page 38
deferred retirement, disability, surviving spouse's, child's and secondary dependant's periodic benefits.
It shall not apply to withdrawal or other lump-sum payments.
(b) In the case of benefits paid in Swiss francs, the benefit shall be adjusted on 1 January of each
year according to the annual movement of the Swiss consumer price index.
(c) Where, in accordance with Article 15, the beneficiary selects a currency other than the Swiss
franc, the benefit will continue to be adjusted in the manner described in paragraph (b), above.
(d) Alternatively, a beneficiary may opt to submit proof of residence in a country other than
Switzerland and request payment of the benefit in local currency in accordance with the procedure
described below.
(e) If satisfactory proof of residence is provided within six months from the date of initial
entitlement, the local currency amount shall be com puted from that date, with retroactive adjustment
if it results in a greater benefit.  Otherwise, the lo cal currency amount shall be computed as of the first
day of the quarter following acceptance of proof of residence.
(f) Subject to paragraphs (d) and (e), above, the local currency amount of the benefit shall be
calculated by applying to the Swiss franc benefit the average, computed over the 36 consecutivecalendar months up to and including the month of se paration, of the exchange rates between the Swiss
franc and the currency of the country of residence.
(g) The local currency amount of the benefit calculated in accordance with paragraphs (d), (e)
and (f), above, shall be adjusted for the first time on the 1 January following the date of the first
payment, according to the annual movement of the official consumer price index for the countryconcerned.
(h) For the adjustment of deferred retirement benefits, the reference date for the application of
paragraphs (b) and (g), above, shall be the date of separation from service of the beneficiary.
(i) Exceptionally, where the cost of living in the country of residence is more than 10 per cent
higher or lower than in Switzerland, an initial cost-o f-living differential factor shall be applied to the
local currency amount of the benefit calculated in accordance with paragraphs (d), (e) and (f) above.
(j) In exceptional cases, such as hardship, and with the prior approval of the Management Board,
a beneficiary in receipt of a benefit calculated in lo cal currency in accordance with paragraphs (d)-(i)
above, may revert to payment of the benefit in accordance with paragraphs (b) and (c), above.
Article 34
Residual settlement
(a) A residual settlement shall be payable if, upon the death of a participant and the exhaustion,
as the case may be, of any entitlements due under these Regulations to the survivors, the total amount
of the benefits paid to, and on the account of, the participant is less than the participant's own
contributions.
(b) The settlement shall be payable to a beneficiary designated by the participant and alive when
the payment is due;  failing such beneficiary, the settlement shall be paid to the estate of the
participant.
(c) The settlement shall consist of the participant's own contributions at the date of separation or
death in service, reduced by the total amount of the benefits paid to, and on the account of, the
participant.WT/GC/W/102
Page 39
Article 35
Limitation of entitlements during leave without pay
(a) Entitlement to a disability benefit, or to a benefit payable in case of death, during a period of
leave without pay granted for the performance of military service, shall instead be to a withdrawal
settlement calculated as of the day immediately preceding the commencement of such leave, inaccordance with Article 27.
(b) In the event that a participant becomes entitled  to a retirement, early retirement or deferred
retirement benefit on separation during a period of  leave without pay, a wi dow's, widower's, child's or
secondary dependant's benefit shall not be payable unless entitlement thereto would have existed hadthe participant died on the day immediately preceding the commencement of such leave.
Article 36
Effect of re-entry into participation
(a) If a former participant who is entitled to a retirement, early retirement or deferred retirement
benefit under these Regulations again becomes a participant, entitlement to such benefit or to a benefit
derived therefrom shall be suspended and no payment shall be made until such participant dies or is
again separated.
(b) Such a participant who again becomes a participant and is again separated after at least five
years of additional contributory service shall also be entitled, at the time of such subsequent
separation, in respect of such service and subject to paragraph (d) below, to a retirement, early
retirement or deferred retirement benefit, or a withdrawal settlement as the case may be.
(c) Such a participant, who again becomes a participant and is again separated after less than five
years of additional contributory service, shall, in  respect of such service, become entitled to:
(i) a withdrawal settlement under Article 27;  or(ii) subject to paragraph (d) below, a retirement, early retirement or deferred retirement
benefit, as the case may be, based on the length of such additional contributoryservice;  provided, however, that such benefit may not be commuted into a lump sum,
in whole or in part, and shall not be subject to any minimum provisions.
(d) Payment of benefits under paragraph (b) or (c)(ii) above shall commence on the date of the
resumption or commencement, as the case may be, of payment of benefits suspended under paragraph(a) above.  In no event shall the total benefits payable to or on account of a former participant in
respect of separate periods of contributory service exceed the benefits which would have been payable
had participation in the Plan been continuous.
SECTION 6
GENERAL PROVISIONS
Article 37
Medical examination
Every participant in the Plan shall be required to undergo a medical examination in
accordance with the standards prescribed by the Management Board, unless the Management Board
accepts the findings of an earlier medical examination.WT/GC/W/102
Page 40
Article 38
Information from participants and beneficiaries
(a) A participant or beneficiary may be required to supply information, and to furnish
documentary or other proof thereof, in respect of any matter on which information or proof is requiredby the Management Board for the purposes of these Regulations.
(b) Failure to supply such information or proof, or the omission or misrepresentation of any
material fact therein, shall enable the Management Board to redetermine the entitlements of the
participant or beneficiary under these Regulations, prov ided that entitlement to participation or to a
benefit shall not be less favourable than if the information or proof had been supplied or truly
represented.
Article 39
Recovery of indebtedness to the Plan
The Management Board may deduct from any benefit payable under these Regulations to a
participant, or on the participant's account, the amount of any indebtedness to the Plan by the
participant or by any beneficiary or third person to whom payment has been made otherwise than in
accordance with these Regulations.
Article 40
Interest on unpaid benefits
The Plan shall not be liable for interest on any due but unpaid benefits, except where it is
ascertained that the non-payment is attributable to a failure by the Plan to meet its obligations with
respect to participants or beneficiaries.
Article 41
Non-assignment of rights
Participants or beneficiaries may not assign their rights under these Regulations.
Article 42
Forfeiture of benefits
(a) The right to a withdrawal settlement or residu al settlement shall be forfeit if for two years
after payment has been due the beneficiary has failed to submit payment instructions or has failed or
refused to accept payment.
(b) The right to a retirement, early retirement, deferred retirement or disability benefit shall be
forfeit if for five years after the first payment has been due the beneficiary has failed to submitpayment instructions or has failed or refused to accept payment.
(c) The right to continued periodic payments of a retirement, early retirement, deferred retirement
or disability benefit shall be forfeit if for two years after a periodic payment has been due the
beneficiary has failed to submit payment instructions or has failed or refused to accept payment.
(d) The right to a benefit shall nevertheless not be forfeit under paragraphs (a), (b) or (c) above if
its exercise has been prevented by circumstances beyond the control of the beneficiary.
(e) The Management Board may, if in its opinion there are circumstances which so warrant,
restore the right to any benefit which has been forfeited.WT/GC/W/102
Page 41
Article 43
Jurisdiction of the ILO Administrative Tribunal
(a) Applications alleging non-observance of these Regulations arising out of the decision of the
Management Board may be submitted directly to the ILO Administrative Tribunal by:
(i) Any staff member who is eligible under Article 16 of these Regulations as a
participant in the Plan, even after employment has ceased, and any person who has
succeeded to such staff member's rights upon death;
(ii) Any other persons who can show that they are entitled to rights under these
Regulations by virtue of the participation in the Plan of a staff member.
(b) In the event of a dispute as to whether the Tribunal has competence, the matter shall be settled
by a decision of the Tribunal.
(c) The decision of the Tribunal shall be final and without appeal.
(d) The time-limits prescribed in Article 7 of the Statute of the Tribunal are reckoned from the
date of the communication of the contested decision of the Management Board.
SECTION 7
AMENDMENT AND ENTRY INTO FORCE
Article 44
Amendment
(a) The Management Board may recommend amendments to these Regulations to the General
Council, which may amend these Regulations after consultation with the Management Board.
(b) The Regulations so amended shall enter into force as from the date specified by the General
Council but without prejudice to rights to benefits acquired through contributory service prior to that
date.  The amended Regulations shall apply to all rights acquired after the date of the amendment,
including those of serving staff.
Article 45
Entry into force
These regulations shall enter into force with effect from 1 January 199[  ].
SECTION 8
TRANSITIONAL PROVISIONS
Article 46
Transitional provisions
(a) Staff members transferring from the United Nations Joint Staff Pension Fund (UNJSPF) to
the Plan on 1 January 199[  ] shall not be required to undergo the medical examination provided for
under Article 37.
(b) Staff members transferring from the UNJSPF to the Plan on 1 January 199[  ] shall beWT/GC/W/102
Page 42
credited with the equivalent actuarial value, calcul ated in accordance with the present regulations, of
the Swiss franc retirement benefit which they had accrued in the UNJSPF based on their contributory
service and final average remuneration up to 31 December 199[  ].  For that purpose, their prior
contributory service shall be adjusted on the date of transfer to yield the same value of accrued benefit
under the present Regulations as they had accrued in the UNJSPF.  The same procedure shall apply inrespect of the validation under Article 18 of the present Regulations of service prior to
1 January 199[ ].
(c) Where the scale of pensionable remuneration of staff members transferring from the UNJSPF
to the Plan on 1 January 199[  ] would be lower as a result of the application of Article 20 of thepresent Regulations than under Article 54 of the UNJSPF Regulations, the latter scale shall continue
to apply to those staff members until it is overtaken by the scale provided for under Article 20 of the
present Regulations.
(d) Where the early retirement reduction factors applicable to staff members transferring from the
UNJSPF to the Plan on 1 January 199[  ] would be higher as a result of the application of Article 25 of
the present Regulations than under Article 29 of the UNJSPF Regulations, the provisions of the latter
Article shall continue to apply to those staff members.WT/GC/W/102
Page 43
WGCS(98)3/Rev.3
           7 October 1998
WORKING GROUP ON CONDITIONS OF SERVICE
APPLICABLE TO THE STAFF OF THE WTO SECRETARIAT
DRAFT STAFF RULESWT/GC/W/102
Page 44
7 October 1998
DRAFT STAFF RULES
DUTIES, OBLIGATIONS AND PRIVILEGES
Rule 101.1
Confidentiality of personnel information
(a) For the purpose of this Staff Rule, the term  "personnel information" shall mean data in
manually, mechanically, photographically or electronica lly written, printed or recorded form, relating
to any person employed by the WTO.  Personnel info rmation not directly relevant to that employment
relationship, including data on racial origin, sexual orientation, religious, political or philosophicalbeliefs, shall not be collected.  Information concerning individual staff members shall not be disclosedexcept as provided for under the present rules.
(b) Staff members who engage in unauthorized review or disclosure of personnel information
shall be subject to disciplinary action under Staff Regulation  11.1.
Access to personnel records by WTO staff members
(c) Where appropriate, supervisors shall have access to the personnel files of staff members who
report to them, in the presence of a member of the Personnel Division.  Staff members may examine
their personnel files in the presence of a member of the Personnel Division.
(d) All staff members shall be re sponsible for maintaining the confidentiality of  the personnel
information to which they are given access.
Release of personnel information to persons or entities outside the WTO
(e) Information concerning individual staff memb ers shall be released to persons or entities
outside the WTO only upon a request in writing statin g a legitimate purpose and only with the consent
of the staff member concerned, except in an emergency or upon legal advice in which case the staff
member will be notified immediately.  Staff members may themselves request the release of such
information.
Retention of personnel information
(f) Relevant personnel information shall be retained by the WTO indefinitely.Rule 101.2
Supplementary payments
In accepting employment with the WTO, the staff member undertakes not to accept before,
during or after such employment any remuneration fr om a source other than the WTO  in respect of
service rendered by the staff member to the WTO.  A staff member who does accept suchsupplementary payments shall be subject to disciplinary action under Staff Regulation  11.1.WT/GC/W/102
Page 45
Rule 101.3
Outside activities and interests
(a) A staff member shall not engage in any outside occupation or employment which may affect
that staff member's ability to perform official WTO duties and availability for work without the priorauthorization of the Director-General.
(b) A staff member shall not hold a controlling financial interest in any business concern if it is
possible for the staff member to benefit from such financial interest by reason of the staff member'sofficial position with the WTO.  A staff member who has occasion to deal in an official capacity withany matter in which the staff member holds a financial interest shall disclose that interest to theDirector-General.
(c) Except in the normal course of official duties or with the prior authorization of the
Director-General, a staff member shall not:
(i) issue statements to the press, radio or other agencies of public information;(ii) accept speaking engagements;(iii) take part in film, theatre , radio or television productions;
(iv) submit articles, books or other material for publication;
if such an activity relates to the WTO.Rule 101.4
Interagency loans and secondments
The Director-General may, at the request of the staff member or with the staff member's
consent, lend the services of the staff member to another intergovernmental organization, or secondthe staff member for service with such an organization, provided such loan or secondment in no waydiminishes the contractual rights or entitlements of the staff member.
STAFF ASSOCIATION, REPRESENTATION AND CONSULTATION WITH
MANAGEMENT
Rule 102.1
Staff Council
(a) In accordance with the principle of freedom of association, staff members may form and join
associations, unions or other groupings within the WTO.
(b) A Staff Council shall be elected by the staff on a periodic basis.(c) In application of Staff Regulation 2.4, the Sta ff Council shall be given advance notice of Staff
Administrative Memoranda.
(d) The Staff Council shall be entitled to make representations to the Director-General on behalf
of the staff.  This shall be without prejudice to the right of individual staff members to makerepresentations to the Director-General.WT/GC/W/102
Page 46
Rule 102.2
Joint Advisory Committee (JAC)
(a) The JAC shall be composed of a chairperson and equal numbers of members representing the
staff designated by the Staff Council and members designated by the Director-General, together withalternates as appropriate.
(b) The chairperson shall be appointed by the Di rector-General from a list of staff members
proposed by the Staff Council.
(c) The Director-General shall, in consultation with the Chairman of the JAC, designate a
secretary of the JAC and shall arrange for such services as may be necessary for its properfunctioning.
(d) Participation in the work of the JAC shall be considered as part of official duties.  Staff
members required to participate in the work of the JAC shall be released to the extent necessary fromtheir normal duties.
RECRUITMENT POLICYRule 103.1
Recruitment
Local recruitment
(a) Staff members shall be considered as locally recruited if at the time of recruitment they are
resident within a radius of 75 km from the Pont du Mont-Blanc in Geneva regardless of the duration
of that residence, except that staff members who are transferred, seconded or loaned from an
intergovernmental organization in Geneva and who had been internationally recruited to thatorganization shall retain that status.
International recruitment
(b) Staff members who are resident outside a ra dius of 75 km from the Pont du Mont-Blanc in
Geneva at the time of recruitment shall be  considered as internationally recruited.
Rule 103. 2
Family relationships
(a) Spouses of staff members shall be given equal oppor tunity in recruitment, provided that they are
fully qualified for the post under consideration.
(b) No other relative of a staff member shall be recruited by the WTO.
 (c) A staff member who is the spouse of another staff member:
(i) shall not be appointed or assigned to a post in which the staff member would be
supervised by, or would supervise, the spouse;
(ii) shall be disqualified from participatin g in the process of reaching or reviewing an
administrative decision affecting the st atus or entitlements of the spouse.
(d) The marriage of one staff member to anothe r shall not affect the contractual status ofWT/GC/W/102
Page 47
either spouse but their entitlements and other benef its shall be modified as provided in the relevant Staff
Rules .
CONTRACT POLICY
Rule 104.1
Contract of employment
(a) The terms of employment of a staff member shall be governed by the contract which shall be
signed by the staff member and by the Director-General.
(b) The contract shall state:
(i) that it is subject to the provisions of the Staff Regulations, Staff Rules  and relevant Staff
Administrative Memoranda  which shall form an integral part of the contract;
(ii) the type and duration of the contract;
(iii) the grade and salary;  and(iv) any special conditions flowing from the Staff Regulations  and Staff Rules .
(c) The contract shall call attention to the provisions of Staff Rule  104.4.
(d) A copy of the  Staff Regulations , Staff Rules  and relevant Staff Administrative Memoranda  shall
be provided with the contract.
(e) The appointment of a staff member shall take effect from the date on which duties are assumed,
except where the staff member travels at the expense of the WTO in which case the effective date shall
be the date on which the staff member commences authorized travel.
Rule 104.2
Types of contract
Fixed-term contractsOn recruitment staff members shall be granted a fixed-term contract.  The initial appointment
under a fixed-term contract, which shall be deemed to be a probationary period , shall be for  a minimum
period of one year.   The appointment shall not entitle the staff member to an  extension  but it  may be
extended one or more times.  Other than in exceptional circumstances, the total length of continuous
service under fixed -term contracts shall not exceed five years.
Regular contractsUpon the recommendation of the Appointment and Prom otion Board, and without prejudice to
Staff Regulation  4.3, the Director-General may grant a regular contract to staff members upon
completion of five years of continuous servi ce under fixed-term conditions and who, by their
qualifications, performance and conduct, have fully demonstrated, on the basis of their performanceevaluation  reports, their suitability as international civil servants and have shown that they meet the
required standards of competence, integrity and efficiency.WT/GC/W/102
Page 48
Rule 104.3
Extension or conversion of a fixed-term contract
If a fixed-term contract is not to be extended or converted to a regular contract, the staff
member shall be notified in writing, wherever possible at the latest three months before the effectivedate and, in any event, not later than two months before that date.
Rule 104.4
Medical examination
(a) The initial contract shall be subject to clearance by the medical adviser on the
basis of a complete medical examination.
(b) Staff members shall be required to undergo periodic medical examinations.
Rule 104.5
Notification by staff members and obligation to provide information
(a) Staff members shall provide the Director-G eneral with the necessary information for
determining their status under the Staff Regulations  and Staff Rules  or for completing administrative
arrangements in connection with their appointment.
(b) Staff members shall also promptly notify the Director-General, in writing, of any subsequent
changes affecting their status under the Staff Regulations   and Staff Rules .
(c) Staff members who change their nationality, or acquire another one, shall immediately  notify
the Director-General in writing.  A change of nati onality or acquisition of another nationality may have
consequences for a staff member's entitlements.
(d) A staff member who is arrested, charged with  a violation or summoned before a court as a
defendant in a criminal proceeding, or convicted, fi ned or imprisoned in relation to any matter other than
a minor violation, shall immediatel y inform the Director-General.
(e) Staff members may at any time be required by the Director-General to provide information
concerning facts prior to their appointment and relevant to their suitability for employment, or
concerning facts relevant to their integrity, conduct and service as staff members.
Rule 104.6
Nationality
(a) For the purposes of the Staff Regulations  and Staff Rules , a staff member shall be considered not
to have more than one nationality.
(b) When a staff member has been legally accorded na tionality status by more than one State, the
staff member's nationality shall be the nationality of the State with which the staff member is considered
to be  most closely associated, in the light of th e information provided by the staff member.
(c) A staff member's nationality shall be determined at the time of appointment and that
determination shall remain unchanged for the duration of the staff member's service unless there are
compelling reasons to effect a change, in the light of the information provided by the staff member.WT/GC/W/102
Page 49
Rule 104.7
Definition of home
(a) For the purpose of the Staff Regulations  and Staff Rules , a staff member's home shall be
determined at the time of appointment.  Unless th ere are compelling reasons to make an exception, a
staff member's home shall be deemed to be in the c ountry of which the staff member is a national at the
time of the appointment.  The location of the home with in the staff member's home country shall be the
place with which the staff member has the closest resi dential or family ties.  In the absence of clear
indications, the capital will be designated.
(b) Notwithstanding paragraph (a) above, the home of locally recruited staff members as defined in
Staff Rule  103.1(a) shall be deemed to be Geneva.
(c) The determination of a staff member's home shall remain unchanged for the duration of the staff
member's service unless the Director-General decide s that there are compelling reasons to effect a
change.
Rule 104.8
Re-employment
(a) A former staff member who is re-employed shall either be given a new contract or, if re-
employed within twelve months of being separa ted from service or within any longer period
following retirement on disability under the WTO Pension Plan Regulations, reinstated in accordance
with the provisions of paragraph (b) hereunder.  If  a former staff member is reinstated, it shall be so
stipulated in the contract.  If a former staff member is given a new contract, its terms shall be without
regard to any period of former service unless the separation from service was due to abolition of postsor reduction of staff.
(b) In the case of reinstatement, the staff member 's service shall be considered to have been
continuous.  The staff member shall return to the WTO any payments received on separation.  The
interval between separation and reinstatement shall be  charged, to the extent possible, to annual leave,
with any further period charged to special leave wit hout pay.  The staff member's sick leave  entitlement
under Staff Rule  110.3(a) at the time of separation shall be re-established.  Where applicable, the staff
member's participation in the WTO Pension Plan sh all be governed by the Regulations of the Plan.
PERFORMANCE EVALUATION
Rule 105.1
Performance evaluation
(a) Performance shall be evaluated on the basis of th e duties and responsibilities as set forth in the
job description, the tasks performed, the professional conduct of the staff member and the staff
member's potential to assume other responsibilities.
(b) The staff member and supervisor shall maintain a continuing dialogue with respect to the staff
member's performance.  If necessary, the staff member  and the supervisor shall identify in writing the
areas where performance is less than satisfactory and the actions to be taken to improve performance.WT/GC/W/102
Page 50
Rules 105.2
Annual review
(a) The staff member and the supervisor shall to gether conduct an annual review of the staff
member's performance and accomplishments.  The review shall focus, as appropriate, on the staffmember's strengths, areas requiring improvement and training needs and shall provide the opportunity
for the definition of the objectives for the following year.
(b) The supervisor shall prepare a written assessment of the staff member's performance and
recommendations for further action (p romotion, training, transfer, etc.).
(c) All reports shall be submitted to the competent departmental head.(d) The staff member may provide written comments on the assessment in a separate section of the
report.
(e) The final report, which shall form part of the permanent record of the staff member, shall
carry the signatures of the first and second level supervisors and of the staff member who shall be
given a copy thereof.
Rule 105.3
Appeals
A performance evaluation report is open to appeal by the staff member concerned under Staff
Regulation 12.3 .
SALARIES, BENEFITS AND POST CLASSIFICATION
Rule 106.1
Hours of work
(a) The normal working week shall be Monday through Friday.  The length of the normal working
day shall be eight hours excluding the lunch-break a nd the length of the normal working week shall be
40 hours.  Modifications to the 40-hour week may be made in order to meet particular service
requirements.  The Director-Gen eral may authorize part-time work and flexible working hours.
(b) If the circumstances so justify and upon the request of the supervisor, staff members may
occasionally be required to work in excess of the normal working week.  Overtime working will beauthorized only on an excepti onal and non-recurring basis.
Rule 106.2
Salary scale
Pursuant to Staff Regulation  6.2, the scale of salaries payable to staff members  is reproduced in
Annex 1.WT/GC/W/102
Page 51
Rule 106.3
Periodic salary increments
(a) Award of a periodic salary increment is su bject to continued satisfactory performance, as
documented in the annual performance evaluation.  Where performance falls short of the minimum
standards required, the salary increment normally due shall be withheld.
(b) Salary increments shall be effective on the firs t day of the month in which they are due, except
that they shall not be effective earlier than the firs t day of the pay period following the return of a staff
member from a period of leave without pay.
Rule 106.4
Salary on promotion
(a) Upon promotion a staff member shall receive a salary increase equivalent to at least two
increments but less than three increments in the lowe r grade.  However, the resulting salary shall in no
case be greater than the maximum salary of the grade to which the staff member has been promoted.If the salary corresponding to the first increment of the higher grade yields an increase greater than
two increments, the staff member shall be entitled to that salary.
(b) If promotion takes effect on the staff member's periodic salary increment date, the new salary
shall be calculated after the award of  any increment due in the lower grade.
Rule 106.5
Special post allowance
(a) Promotion under Staff Rule  107.1 shall constitute the only means of recognising increased
responsibilities of a permanent nature.
(b) Staff members shall be expected to assume te mporarily, as a normal part of their customary
work and without extra compensation, the duties and responsibilities of higher level posts.
(c) Staff members who are called upon to assume the full duties and responsibilities of a post at a
clearly recognisable higher level than their own for a temporary period of not less than two months shall
be granted a non-pensionable special post allowance fr om the beginning of the third month of service at
the higher level.
(d) When staff members are required to assume the full duties and responsibilities of posts which
are clearly recognized to be more than one level above their own, the allowance may be paid
immediately.
(e) The granting of a special post allowance to a staff member shall be subject to review every six
months and shall be without prejudice to the eventual decision on recruitment and promotion to the
post in question.
(f) The amount of the special post allowance shall be equivalent to the salary increase which the
staff member would have received had the staff member been promoted to the higher level.
Rule 106.6
Overtime and compensatory time off
(a) Staff members in grades 1 to 7 who are require d to work in excess of the normal working week
shall be entitled to compensatory time off or may receive payment, under conditions established by the
Director-General.WT/GC/W/102
Page 52
(b) Should the exigencies of the service permit, and subject to the approval of the Director-General ,
staff members in grades 8 to 12 who are required exce ptionally to work substantial or recurrent periods
of overtime shall be entitled to occasional compensatory time-off.
Rule 106.7
Night differential
(a) Staff members who are assigned to night-time t ours of duty shall receive a night differential at a
rate and under conditions established by the Director-General.
(b) Night differential shall not be paid for the same work for which overtime payment or
compensatory time off is allowed or for any hours when the staff member is on leave or on official
travel.
Rule 106.8
Salary advances
(a) Salary advances may be made to staff members under the following circumstances and
conditions:
(i) Upon departure for official travel or fo r approved leave involving absence from duty
for one or more pay days, in the amount that would fall due for payment during the
anticipated period of absence;
(ii) In cases where new staff members arrive without sufficient funds, in such amount as
the Director-General may deem appropriate.
(b) The Director-General may, in exceptional a nd compelling circumstances, and if the request of
the staff member is supported by a detailed justificat ion in writing, authorize an advance for any reason
other than those enumerated above.
(c) Salary advances other than those referred to in paragraphs (a) (ii) and (b) above shall be
reimbursed at a constant rate as determined at th e time the advance is authorized, in consecutive pay
periods, commencing not later than the period fo llowing that in which the advance is made.
Rule 106.9
Recovery of overpayments
The WTO shall be entitled to recover any payment which was not due.  Except where the
irregularity of the payment was so self-evident that the beneficiary could not fail to realise it, the right of
the WTO to recover overpayments shall lapse after one year.  Such recovery shall be effected by means
of deductions from payments due to the staff me mber concerned over a period not exceeding twelve
months.
Rule 106.10
Retroactivity of payments
Where a staff member has not been receiving or  has failed to claim an allowance, grant or other
payment to which the staff member is entitled, such  allowance, grant or payment shall not be paid
retroactively unless a written claim is made within  one year following the year in which the initial
payment would have fallen due.WT/GC/W/102
Page 53
Rule 106.11
Taxes
National income tax on salaries, allowances, indemnities or grants paid by the WTO shall be
refunded to the staff member by the WTO.
Rule 106.12
Deductions and contributions
(a) Contributions to the WTO Pension Plan in acco rdance with Article 21 of its Regulations and to
the Group Sickness Insurance Plan shall be deducted, each pay period, from the total payments due toeach staff member.
(b) Deductions may also be made for the following purposes:
(i) for other contributions for wh ich provision is made under these Staff Rules ;
(ii) for indebtedness to the WTO;(iii) for legally recognized indebtedness to third parties when any deduction for this purpose
is authorized by the Director-General;
(iv) for contributions to the WTO Staff Council established pursuant to Staff Regulation 2.1 ,
provided that staff members give appr opriate instructions to this effect.
Rule 106.13
Definition of dependency
(a) A dependent spouse shall be a spouse whose ear nings, if any, do not exceed the equivalent of
the gross salary at grade 1 step 1 in Geneva.
(b) A "dependent child" shall be:
(i) a staff member's natural or legally adopted child; or
(ii) a staff member's stepchild, if residing with the staff member;
under the age of eighteen years or, if the child is in full-time attendance at a school or university (or
similar educational establishment), under the age of  twenty-one years, for whom the staff member
provides main and continuing support.  If a child over  the age of eighteen years is physically or mentally
incapacitated for substantial gainful employment, either permanently or for a period expected to be of
long duration, the requirements as to school attendance and age shall be waived.
(c) Staff members claiming a child as dependent must  certify that they provide main and continuing
support.  This certificate must be supported by documentary evidence satisfactory to the Director-
General, if a child:
(i) does not reside with the staff member because of divorce or legal separation of the staff
member;  or
(ii) is married.
(d) A secondary dependant shall be the mother, fath er, sister or brother for whom the staff member
provides one half or more of the financial support , and in any case at least twice the amount of the
dependency allowance, provided that the sister or  brother fulfils the same age and school attendanceWT/GC/W/102
Page 54
requirements established for a dependent child.  If the sister or brother is physically or mentally
incapacitated for substantial gainful employment, either permanently or for a period expected to be of
long duration, the requirements as to school attendance and age shall be waived.
Rule 106.14
Dependency allowances
(a) A staff member whose spouse is recognized as a dependant under Staff Rule 106.13(a) shall
receive a spouse allowance, the amount of which is set out in Annex 2.
(b) A staff member whose child is recognized as a dependant under Staff Rule 106.13(b) shall
receive a child allowance the amount of which is set out in Annex 2.  The allowance shall be reduced by
the amount of any allowance from any public author ity received by the staff member or  spouse in
respect of the same child.  In no case shall the su m of the two payments be less than the rate set out
under the Staff Rules .
(c) When a child of a staff member, recognized as dependent under Staff Rule  106.13(b) above, has
been determined by the Director-General, on the basi s of medical evidence, to be physically or mentally
disabled either permanently or for a period expect ed to be of long duration, the allowance shall be
double the child's allowance as set out in Annex 2.
(d) A secondary dependant's allowance, the amount of which is set out in Annex 2, shall be paid in
respect of not more than one depe ndent parent, sister or brother.
(e) Staff members shall notify the Director-General  in writing of claims for dependency allowance
and may be required to support such claims by satisfactory documentary evidence.  They shall report to
the Director-General any change in the status of a dependant affecting the payment of this allowance.
Rule 106.15
Education grant
Eligibility
(a) Subject to presentation of satisfactory eviden ce, an internationally recruited staff member
assigned to a country which is not the country of the recognized home shall receive a non-pensionable
education grant for each child for whom the staff member provides the main and continuing support and
who is in full-time attendance at a school, univ ersity or similar educational establishment.
Non-allowable costs
(b) The grant shall not be payable in respect of:
(i) attendance at a school where the basic elements of formal education (such as reading,
writing and counting) are not included in the instruction;
(ii) attendance in the country or area of the duty station at a free school or one charging
only nominal fees;
(iii) correspondence courses except when the Dire ctor-General considers that such courses
are the best available substitute for full-time attendance at a school of a type not
available in Geneva;WT/GC/W/102
Page 55
(iv) private tuition, except in circumstances and under conditions defined by the Director-
General to take account of linguistic and other special needs and problems which result
from expatriation;
(v) vocational training or apprenticeships which either do not involve full-time schooling
or during which the child receives payment for services rendered.
(c) The grant shall be payable from the school year in which the child reaches the age of five up
to the end of the fourth year of post-secondary st udies or the award of the first recognized degree,
whichever is the earlier, but not beyond the end of the school year in which the child reaches the age
of 25.  The Director-General may in exceptional cases prolong payment of the grant beyond this agelimit.
Amount of grant
(d) In the case of attendance at an educational establishment outside the country or area of the duty
station, the amount of the grant shall be:
(i) Where the establishment provides board for the child, 75 per cent of the cost of
attendance and board up to a maximum annual grant to be determined by the Director-
General;
(ii) Where the establishment does not provide board, a lump sum in respect of board plus
75 per cent of the cost of attendance up to a maximum annual grant to be determined by
the Director-General;
(e) In the case of attendance at an educational es tablishment in the country or area of the duty
station, the amount of the grant shall be equal to 75 per cent of the cost of attendance, up to a maximum
annual grant to be determined by the Director-General.  If the Director-General considers that there is no
suitable establishment available for the staff memb er's child within commuting distance of the duty
station, the cost of board shall be allowed as provided in paragraph (d) above.
(f) When attendance is for less than the full school  year, the grant shall be payable on a pro rata
basis.
Allowable costs
(g) For the purpose of paragraphs (d) and (e), "cost of attendance" shall include the cost of
boarding, enrolment, registration, prescribed textbook s, courses, examinations and diplomas, but shall
not include  school uniforms or optional charges.  Th e cost of attendance may include the cost of midday
meals, if these are provided by the school and it is impracticable for the child to return home for lunch.
Likewise, the cost of daily group transportation may be covered wher e the circumstances so warrant.
Home country
(h) If both parents of the child are staff members, the grant shall only be payable to one parent. If
the staff member's spouse works for another organiza tion offering education grants, the amount of the
grant shall not exceed the difference between what  the spouse receives and the amount for which the
staff member would otherwise be eligible.  In such cases, if the home countries of the parents are not the
same, the parents shall jointly certify which of the respective home countries shall be regarded as the
home country for the purposes of this Staff Rule .  This certification may subsequently be changed only
in exceptional circumstances.WT/GC/W/102
Page 56
Travel expenses
(i) Travel expenses of the child shall be paid  for an outward and return journey once for each
school year between the educational establis hment and the duty station, provided that:
(i) where attendance is for less than two-thirds of the school year, travel expenses may not
be paid;
(ii) travel expenses shall not be paid if the requested journey is unjustified, either because
of its timing in relation to other authorized  travel of the staff member or dependants or
because of the brevity of the visit in relation to the expense involved;
(iii) travel expenses shall not normally be paid when the staff member's contract will
expire within six months of the child's arrival at the duty station;
(iv) where the educational establishment is in a country other than the staff member's home
country, the amount paid in respect of travel expenses shall not exceed the cost of a
journey between the staff member's recognized home and the duty station.
Rule 106.16
Special education grant for disabled children
(a) A special education grant for disabled children shall be available to all staff members provided
that they have a contract of one  year or longer or have comple ted one year of continuous service.
(b) The amount of the grant shall be 100 per cent of  the educational expenses actually incurred up
to a maximum annual grant to be determined by the Di rector-General.  If the disabled child is eligible
for the regular education grant, the total amount pa yable under the two types of grant shall not exceed a
maximum to be determined by the Director-Gener al.  "Educational expenses" reimbursable under the
special education grant shall comprise the expens es incurred to provide an educational programme
designed to meet the needs of the disabled child in  order that the child may attain the highest possible
level of functional ability.
(c) The grant shall be computed on the basis of the calendar year, if the child is unable to attend a
normal educational establishment, or on the basis of  the school year, if the child is in full-time
attendance at a normal educational establishment while receiving special teaching or training.  The grant
shall be payable in respect of any disabled child fro m the date on which the special teaching or training
is required up to the end of the school year or the calendar year, as appropriate, in which the childreaches the age of twenty-five years.  In excepti onal cases, the age limit may be extended up to the end
of the school year or the calendar year, as appropriate , in which the child reaches the age of twenty-eight
years.
(d) Where the period of service is for less than th e full school year or calendar year, the grant shall
be payable on a pro rata basis.
(e) Claims for the grant shall be submitted annually in writing and supported by medical evidence
satisfactory to the Director-General regarding the child 's disability.  Staff members shall also be required
to provide evidence that they have exhausted all other sources of benefits that may be available for theeducation and training of the child.  The amount of  educational expenses used as the basis for the
calculation of the special education grant shall be re duced by the amount of any benefits so received or
receivable by the staff member.
(f) The provisions concerning the amount of the regular grant and the currency of payment shall
also apply to the computation and payment of th e special education grant for disabled children.WT/GC/W/102
Page 57
(g) Where the disabled child attends an educatio nal establishment away from the duty station, travel
costs may be paid for up to two round trips per schoo l year between the educational establishment and
the duty station, provided the Director -General is satisfied that the needs of the disabled child require
attendance at that educational establishment.  In very exceptional circumstances, travel may also be
reimbursed for a person accompanying the disabled child.
Rule 106.17
Designation of beneficiaries
(a) At the time of appointment, each staff member sh all designate a beneficiary or beneficiaries in
writing.  The staff member shall be responsible for notifying the Director-General of any revocation or
change of beneficiaries.
(b) In the event of the death of a staff member, all amounts due to the deceased staff member will
be paid to the designated beneficiary or bene ficiaries, subject to the application of the Staff Regulations
and the Staff Rules  and of the WTO Pens ion Plan Regulations.
(c) If there is no surviving beneficiary, or in the absence of a designation of beneficiary, the amount
due to the deceased staff member will be paid to the estate.
CAREER DEVELOPMENT
Rule 107.1
Promotion
(a) Promotion is defined as a change in the staff member's grade to a higher grade.(b) A promotion may occur where warranted by  the performance of a staff member and the
classification of the post occupied, in accordance with the provisions of Staff Regulation  6.4 and Staff
Rule 107.3.
(c) A promotion on a competitive basis shall occur wh en a staff member is selected to fill a post at
a higher grade for which there has been a vacancy notice.  The Director-General may issue a vacancy
notice in respect of a post reclassified at a higher grade.
(d) In all cases, promotion shall be effective from th e first day of the month following the Director-
General's decision.
Rule 107.2
Internal competition
Without prejudice to external recruitment,  a post falling vacant may be opened initially to
internal competition only, in which case there shall be a vacancy notice.  The notice shall in all cases
stipulate the established requirements of this post   The Appointment and Prom otion Board shall make
recommendations to the Director-General, who shall decide on the appointment to the post.
Rule 107.3
Post classification
(a) The duties and responsibilities of each post in grades up to and including grade 12 shall be
evaluated on the basis of post classification standards approved by the Director-General.WT/GC/W/102
Page 58
(b) A request to have the duties and responsibilities of a post evaluated may be made at any time,
provided that such evaluations shall not take place at  intervals of less than one year.  The request may be
initiated by the staff member, the staff member's supervisor, or the Director-General.
(c) The Director-General shall make provision for the review of a classification finding, which may
be requested by the staff member or the staff member's supervisor.
(d) The promotion of the incumbent following th e review of a classification finding shall be
effective from the first of the month after the date that the review was requested.
Rule 107.4
Training
(a) The Director-General shall make provision, including adequate physical facilities, for the
training of staff members to the extent that such trai ning is of relevance to the WTO.  All staff covered
by these Staff Rules  are eligible for training.  Staff members are also expected to take personal
responsibility for keeping their knowledge and skills up to date.
(b) Authorized training activities shall be considered as official duties.
Rule 107.5
Mobility and reassignment
(a) Staff members shall have the opportunity to move among different assignments in the course of
their careers, to the extent possible and subject to the interests of the WTO.
(b) The Director-General may, after seeking the st aff member's consent and in the interests of the
WTO,  reassign a staff member to a vacant position at the staff member's grade or to a position at a
lower grade which corresponds to the professional qualifications of the staff member.  Such an
assignment shall have no effect on the staff member's administrative status.
(c) The Director-General may conclude agreements  with counterparts in other intergovernmental
organizations to facilitate the exchange of staff.  Su ch agreements shall ensure, to the extent possible, the
continuity of staff members' entitlements under the provisions of the present Staff Regulations  and Staff
Rules.
APPOINTMENT AND PROMOTION BOARD
Rule 108.1
Appointment and Promotion Board (APB)
(a) An APB shall be established by the Direct or-General to advise on the appointment and
promotion of staff members in grades up to and in cluding grade 10. The Director-General shall also
establish such subsidiary bodies as may be necessary to assist the APB in the performance of its
functions.
(b) Subject to the provisions of Staff Regulations  3.1 and 3.4, the APB shall, in filling vacancies,
give preference, where qualifications ar e equivalent, to serving staff members.WT/GC/W/102
Page 59
Rule 108.2
Composition
(a) The APB shall be composed of a chairpers on and six members appoint ed by the Director-
General.  The Director-General shall ensure that  three members are appointed from among nominees
submitted by the Staff Council.  In addition, the Director of Personnel, or an authorized representative,shall serve ex officio  as a non-voting member of the APB.
(b) Participation in the work of the APB shall be considered as part of official duties.  Staff
members required to participate in the work of the APB shall be released to the extent necessary from
their normal duties.
Rule 108.3
Recommendations to the Director-General
The APB shall make recommendations to the Director-General in respect of:(i) proposed initial contracts of one year or more in grades 4 to 10;(ii) the suitability for regular contracts of staff members serving on fixed-term contracts,
referred to it in accordance with the provisions of Rule 104.2, second paragraph.Recommendations of the APB may include separation from service or, exceptionally,
extension of the fixed-term contract;
(iii) the review of proposals for the termination of regular contracts under Staff
Regulation  10.9;
(iv) staff members eligible for promotion.
LEAVE
Rule 109.1
Official holidays
Staff members shall be entitled to nine official holidays as follows:  New Year's Day, Good
Friday, Easter Monday, Ascension Day, Whit Monday,  Jeûne Genevois, the day after Jeûne Genevois,
Christmas Day, and one other day to be designated by the Director-General.  When one of these days
falls on a Saturday or Sunday, the preceding Friday  or the following Monday shall be observed as a
holiday.  The official holidays may be changed by a Staff Administrative Memorandum.
Rule 109.2
Annual leave
(a) In addition to the official holidays provided for in Staff Rule  109.1 above, a staff member shall
be entitled to annual leave at the rate of 30 working days per year of service.
(b) Annual leave may be taken in days and half days.  It shall be granted upon application approved
by the supervisor, such approval to be subject to th e exigencies of the service.  Staff members shall be
given the opportunity to take their annual leave and shall be required to take at least one half of their
annual entitlement each year.  The personal circumstances and preferences of the individual staff
member shall be considered.
(c) Not more than 60 days of annual leave may be carried forward from one leave period to the
next.WT/GC/W/102
Page 60
(d) Days during which a staff member is sick while on annual leave shall be treated in accordance
with the provisions of Staff Rule  110.3(b).
(e) When, for reasons of service and with the auth orization of the Director-General, staff members
are recalled from annual leave, or authorization to  take annual leave is cancelled, such annual leave as
remains due at the end of the leave period as a resu lt of such recall or cancellation, notwithstanding the
limits set forth in sub-paragraph (c) of this Staff Rule , shall be carried forward to the next leave period.
If a staff member is recalled, and subsequently resumes annual leave at the place from which the staff
member was recalled, the expense incurred in trav elling to and from that place shall be reimbursed.
(f) A staff member shall be entitled, upon application, to be paid in advance any salary and
allowances falling due during a period of annual leave.
Rule 109.3
Home leave
(a) An internationally-recruited staff member whose recognized home is not situated in the country
of the duty station shall be eligible for home leave once every two years and for the payment of the costs
of travel to the country of the recognized home.  The purpose of such travel is to permit the staff
member to spend a certain period of annual leave in the home country with a view to maintaining
contact with it.  Home leave shall include, in addi tion to a reasonable period of annual leave taken for
the purpose, travel time to compensate for the journe y from the duty station to the recognized home and
return, based on a route and means of tran sport approved by the Director-General.
(b) Travel expenses, as provided for in Staff Rule  112.5 (Travel Expenses), shall be paid in respect
of travel on home leave, except that the subsisten ce allowance shall not be paid for any travel time
exceeding that allowed under (a) above.  Subject to para graph (d) below, travel expenses shall be paid in
respect of the staff member, spouse, and dependent children for whom an allowance is payable.  In
normal circumstances,  the spouse and dependent children shall travel  with the staff member.
(c) If both husband and wife are staff members of the WTO or if the spouse is a staff member of
another organization offering home leave, and each is eligible for home leave, they shall have the choice
either of exercising their own home leave entitleme nt or of accompanying the spouse.  A staff member
who chooses to accompany the spouse shall be granted travel time appropriate to the travel involved.
Dependent children may accompany either parent.
(d) The first home leave shall fall due in the second calendar year following the year in which  the
staff member was appointed, or became eligible for home leave, provided that the staff member has
completed at least eighteen months of service.
(e) For compassionate reasons or should the exig encies of the service so require, travel may be
authorized before or after the home leave year provided that:
(i) no home leave shall begin earlier than 12 months after the appointment of a staff
member or 12 months after return from any previous home leave;  and
(ii) home leave shall in no case be carried forward into a calendar year in which a new
entitlement arises.
(f) A staff member shall normally be required to spend at least two calendar weeks in the country
of home leave.WT/GC/W/102
Page 61
(g) A staff member may be required to take home  leave in conjunction with official travel, due
regard being paid to personal convenience.
(h) Home leave shall not be granted to a staff memb er whose service is not expected to continue at
least six months beyond:
(i) the second anniversary of the date of appointment;  or
(ii) the estimated date of return from a proposed home leave.
Rule 109.4
Special leave
(a) Special leave, without pay or with full or partial pay, may be granted to a staff member for
advanced study or research in the interest of the WTO, in cases of extended illness, for child care orfor other important reasons provided there is no conflict of interest with the WTO.  Special leave
without pay shall be granted on application to an official who is mobilized for service in the armed
forces or for national service.
(b) A staff member shall under no circumstances be granted special leave for the purpose of
employment by any entity which may lead to conflict of interest with the WTO.
(c) A staff member may be required to exhaust any accrued annual leave before taking special
leave.
(d) Periods of special leave without pay of one month or more shall not count as service for the
purpose of seniority, the salary increment or the entitlement to annual leave, home leave, family visit,
sick leave, education grant, grant on death, separation and termination indemnities.  Normally, no
contributions will be paid by the WTO to the pension plan or  medical insurance plan during such
periods.
(e) Continuity of service shall not be considered to  have been broken by periods of special leave.
SOCIAL SECURITY
Rule 110.1
Participation in the Pension Plan
Participation in the WTO Pension Plan shall be mandatory.
Rule 110.2
Participation in the medical insurance plan
Participation in the WTO medical insurance plan shall be mandatory.
Rule 110.3
Sick leave
(a) A staff member who is prevented from working owing to illness or injury is entitled to sick
leave subject to the following provisions:
(i) A staff member shall inform the supervisor as soon as possible of absences due to
illness or injury;WT/GC/W/102
Page 62
(ii) The granting of sick leave must be approved  on behalf of the Director-General.  A staff
member may be required at any time to submit a further medical certificate  or to
undergo examination by a medical practitioner named by the Director -General.  Further
sick leave may be refused, if the Director-General is satisfied that the staff member isable to return to work.  If the staff member disputes the decision, it shall be referred, on
request, to an independent practitioner accepta ble to both the Director-General and the
staff member;
(iii) Absence on sick leave for a period of more than three consecutive working days shall
be approved only on submission of a va lid certificate by a duly qualified medical
practitioner to the effect that the staff member is unable to work and stating the
probable duration of incapacity.  Such certif icate shall normally be submitted not later
than the end of the fourth working da y following the initial absence from work;
(iv) After a staff member has taken uncertified sick leave totalling seven working days
within a calendar year, any further absence from work within that year shall be justified
by a medical certificate, failing which the absence will be charged to annual leave or  as
special leave without pay;
(v) A staff member who has completed less than  three years of continuous service shall be
granted sick leave of up to three months on full pay and three months on half pay in any
period of 12 consecutive months;
(vi) A staff member who has completed three years of continuous service shall be granted
sick leave of up to nine months on full pay and nine months on half pay in any period
of four consecutive years of service;
(vii) While on sick leave, a staff member sha ll not leave the area of the duty station without
the prior approval of the  Director-General.
(b) The Director-General may grant sick leave when sickness of more than three consecutive
working days occurs within a period of annual leave, upon prompt submission of a medical certificate
by a qualified medical practitioner and in any event immediately on the staff member's return to work.
(c) The provisions of this rule shall not apply to  absences attributable to a service-incurred accident
or illness which are covered by Staff Rule  110.5, or to absences authorized by the Director-General as a
result of public health requirements.
Rule 110.4
Maternity leave
(a) A staff member shall be entitled to maternity  leave upon the submission of a certificate, signed
by a qualified medical practitioner, indicating the an ticipated date of birth.  The leave shall normally
start six weeks before that date.  However, at the staff member's request and upon  submission of a
certificate from a qualified medical practitioner indicating that she is fit to continue to work, the absence
may begin less than six weeks but not less than tw o weeks before the anticipated date of birth.
Maternity leave shall normally extend for a period of  16 weeks, except that in no case shall it end less
than 10 weeks after the actual date of birth.
(b) Sick leave shall be granted only if serious complications arise.WT/GC/W/102
Page 63
(c) Annual leave shall accrue during the period of ma ternity leave, provided that the staff member
returns to service for at least six months after the co mpletion of maternity leave.  The staff member shall
remain entitled to full salary and other allowances and benefits during the period of maternity leave.
(d) Staff members shall be entitled to time off for two 45-minute periods  daily in order to feed the
child up to the age of 12 months.
Rule 110.5
Compensation for service-incurred death, injury or illness
Compensation shall be payable in the event of the death, injury or illness of a staff member
attributable to the performance of official duties on behalf of the WTO, in accordance with the rules set
forth in Annex 3 to these Staff Rules.
Rule 110.6
Compensation for loss of, or damage to, pe rsonal effects attributable to service
A staff member shall be entitled to reasonable compensation for loss of, or damage to, personal
effects determined to be directly attributable to the performance of official duties on behalf of the WTO.
SEPARATION FROM SERVICE
Rule 111.1
Resignation
(a) A resignation is a separation initiated by the staff member.
(b) Unless otherwise specified in the contract, the staff member shall give, wherever possible, three
months, and in any event no less than two months, written notice of resignation.  The Director-General
may accept resignations on shorter notice.
(c) The Director-General may require the resignation to be submitted in person.
Rule 111.2
Expiration of fixed -term contracts
(a) A fixed-term contract shall expire on the expi ration date specified in the contract except that
where the staff member concerned is on sick leave, the contract may be extended subject to the limits
specified in Staff Rule  110.3.
(b) If a fixed-term contract is not to be extended, the expiration date shall be confirmed to the
staff member in writing wherever possible three months beforehand, and in any event no less than twomonths beforehand.
(c) Separation from service as a result of the e xpiration of a fixed-term contract shall not be
regarded as a termination.
Rule 111.3
Commutation of accrued annual leave
(a) Staff members who, on leaving the WTO, have not exhausted the annual leave to which they
are entitled shall be granted a sum based on the remuneration specified in Staff Rules  106.2, 106.3,
106.4, 106.5 and 116.2 in proportion to the number of days  of annual leave they have accumulated, up to
a maximum of 60 working days.WT/GC/W/102
Page 64
(b) In the event of the death of a staff member, the amount to which the staff member would have
been entitled under the present Staff Rule  shall be paid in accordance with Staff Rule  106.22
("Designation of beneficiaries").
Rule 111.4
Restitution of advance annual leave
Upon separation from service, a staff member who has taken annual leave in excess of the
entitlement shall return the excess by means of a cash refund or an offset against other payments due bythe WTO.
Rule 111.5
Definition of termination
A termination is a separation from service initiated by the Director-General, other than
retirement, summary dismissal for serious misconduct, or abandonment of post.
Rule 111.6
Abolition of posts and reduction of staff
If the necessities of the service require abolition of a post or reduction of the staff and
alternative posts are available, a staff member on a regu lar contract shall be retained in preference to a
staff member on a fixed-term contract, due consider ation being given to performance and seniority, and
provided that there is an appropriate match between  the job requirements of the post concerned and the
professional qualifications of the staff member.
Rule 111.7
Notice of termination
(a) A staff member whose contract is to be terminat ed shall be notified in writing at the latest three
months before the date of termination.
(b) The Director-General may in exceptional circ umstances authorize payment in lieu of notice
calculated on the basis of the salary and allowances which the staff member would have received, had
the date of termination been at the end of the notice period.
Rule 111.8
Termination indemnity
(a) Payment of termination indemnity under Staff Regulation  10.1(c) and Annex 4 to the Staff
Rules  shall be calculated on the basis of the staff member's net salary.
(b) For the purpose of Annex 4 length of service sh all be deemed to comprise the total period of a
staff member's continuous service with the WTO in  pay status, regardless of type of contract.
Rule 111.9
Separation grant
(a) The WTO shall pay a separation grant under Staff Regulation  10.7 and under Annex 5 to the
Staff Rules  to a staff member upon separation from service.
(b) For the purpose of Annex 5, length of service sh all be deemed to comprise the total period of a
staff member's continuous service in pay status with the WTO.WT/GC/W/102
Page 65
(c) In the event of the death of a staff member, the separation grant shall be paid to the spouse or, if
none, to the dependent child or children.  If there is no such surviving dependant, payment shall be made
to the estate.
Rule 111.10
Grant on death
(a) In the event of the death of a staff member, the WTO shall pay a death grant to the spouse, or if
none, to the dependent child or children, or if none, to the secondary dependant.
(b) Payment of the grant under Annex 6 shall be cal culated on the basis of the staff member's net
salary.
Rule 111.11
Last day for pay purposes
Upon separation from service, the date on which a staff member's entitlement to salary,
allowances and benefits ceases shall be determined as follows:
(i) Upon resignation, the date shall be the da te of expiration of the notice period under
Staff Rule  111.1(b);
(ii) Upon expiration of a fixed-term contract, th e expiration date specified in the contract;
(iii) Upon termination, the date provided in the notice of termination;
(iv) Upon retirement, the date of retirement;
(v) In the case of summary dismissal, the date of dismissal;(vi) In the case of death, the date of death.
Rule 111.12
Certification of service
Upon request, a staff member shall, on leaving th e service of the WTO, be given a statement
relating to the nature of the duties performed and the length of service.   Upon written request, the
statement shall also refer to the quality of work and conduct.
TRAVEL AND REMOVAL EXPENSES
Rule 112.1
Official travel of staff members
Subject to conditions established by the Director-General, the WTO shall pay the travel
expenses of staff members in the following circumstances:
(i) For internationally recruited staff, on in itial appointment, provided that the staff
member  has been obliged to move from outside the local area;
(ii) When required to travel on official business;
(iii) On home leave;WT/GC/W/102
Page 66
(iv) On family visit;
(v) On separation from service under Staff Regulation  10.1(a), 10.1(b), 10.1(c), 10.1(d) or
10.1(g);
(vi) On travel authorized exceptionally by th e Director-General for compelling medical or
security reasons.
Rule 112.2
Official travel of eligible family members
(a) Eligible family members are the spouse and those children recognized as dependent or, in so far
as education grant travel is concerned, in re spect of whom an education grant is payable.
(b) Subject to conditions established by the Director-General, the WTO shall pay the travel
expenses of a staff member's eligible family members under the following circumstances:
(i) On or following the initial appointment of  a staff member entitled to the payment of
travel expenses on that occasion, provided the appointment is expected to be for a
period of one year or longer and provided the staff member's services are expected to
continue for more than six months beyond the date on which travel of the family
members begins;
(ii) On home leave;
(iii) On family visit;
(iv) On separation of a staff member from service;(v) One-way travel expenses may be paid in respect of a child beyond the age when the
dependency status of the child would otherwise cease; 
(vi) On education grant travel;
(vii) On travel authorized exceptionally by th e Director-General for compelling medical or
security reasons.
(c) Where both husband and wife are staff members of the WTO and either or both are entitled to
the payment of travel expenses on separation from service, travel expenses shall be paid for each only
upon their own separation from service.  Where both s pouses are entitled to travel expenses, each staff
member shall have the choice of exercising that  entitlement or of accompanying the other spouse,
provided that such expenses shall be paid only on separation of the staff member concerned.
Rule 112.3
Loss of entitlement to payment of travel expenses on separation
(a) Staff members who resign before completing one year of service or within six months following
the date of their return from travel on home leave or family visit shall not be entitled to payment of
travel expenses on separation for themselves and family members.  Family members who leave the duty
station without having remained there at least six months shall likewise not be entitled to payment of
travel expenses.  Travel expenses on separation sh all be paid by the WTO only once in respect of a
spouse during the staff member's period of service.WT/GC/W/102
Page 67
(b) Entitlement to travel expenses on separation sh all cease if travel has not begun within six
months after the date of separation.  However, wh ere both husband and wife are staff members and the
spouse who separates first is entitled to travel expenses on separation, the entitlement shall not cease
until six months after the date of separation of the other spouse.
Rule 112.4
Authority to travel
Official travel may be undertaken only if it is authorized in writing beforehand.  Staff members
shall be personally responsible for ascertaining that they have the proper authorization before beginning
travel.
Rule 112.5
Travel expenses
(a) Travel expenses paid or reimbursed by the WTO shall include:
(i) transportation expenses;(ii) terminal expenses;
(iii) transit expenses;
(iv) travel subsistence allowance;(v) authorized miscellaneous expenses incurred during travel.
(b) The conditions under which these expenses shall be paid or reimbursed shall be established by
the Director-General.
Rule 112.6
Route, mode and standard of transportation
(a)  The route, mode and standard of transportation shall be approved in advance and shall serve as
the sole basis for the calculation of all relevant travel entitlements.
(b) Official travel shall normally be by air and by the most direct  and economical route.
(c) The Director-General shall establish the standa rd of accommodation to be authorized for official
travel.
(d) A staff member who is authorized to travel by car shall be reimbursed by the WTO on the basis
of travel by the mo st economical route.
(e) Unless the staff member concerned is authoriz ed to make other arrangements, all tickets for
official travel shall be purchased by the WTO.
(f) If for reasons of personal choice the costs exceed those payable by the WTO, the difference
shall be borne by the staff member.WT/GC/W/102
Page 68
Rule 112.7
Travel advances
A staff member authorized to travel shall ca rry sufficient funds for all current expenses, if
necessary by securing an advance of funds.  A reasonable advance of funds against the estimated
reimbursable travel expenses may be made to a staff member or family members .
Rule 112.8
Installation grant
(a) When staff members and their eligible family members travel at WTO expense to the duty
station on initial appointment, they shall be paid an installation grant.
(b) The Director-General may, in appropriate cas es, authorize payment of all or part of the
installation grant where the WTO has not been required to pay travel expenses upon the initialappointment of a staff member who ot herwise would have been so entitled.
Rule 112.9
Family visit
(a) The WTO may pay the travel expenses of a staff member to the place of recruitment or to the
place of home leave for the purpose of visiting eligible family members once every year in which the
staff member's home leave does not fall due, provided that:
(i) The staff member has completed not less th an one year of continuous service since the
initial appointment or not less than nine m onths since departure on the last home leave
journey;
(ii) The staff member's service is expected to continue at least six months beyond the date
of return from the family visit;
(iii) During the preceding twelve months, none of the eligible family members has been
present with the staff member at the duty sta tion after travel at the expense of the WTO,
except education grant travel.
(b) Exceptionally, in lieu of the staff member's travel under paragraph (a) above, the WTO may
authorize the travel of the spouse to the duty station under the same conditions .
Rule 112.10
Removal costs on appointment
(a) On initial appointment, a staff member who travels at the expense of the WTO, shall be entitled
to the payment of costs for the removal of personal effects and household goods subject to conditions
established by the Director-General.
(b) The WTO shall pay the cost of removing pers onal effects and household goods belonging to the
staff member either from the place of recruitment or  from the recognized home to the area of the duty
station.  Payment of removal expenses from anot her place may be authorized in exceptional cases.
(c) Where both husband and wife are entitled to removal expenses on appointment, their combined
entitlement shall be limited to that of a staff member  with a spouse or a dependent child travelling to the
duty station.WT/GC/W/102
Page 69
(d) Entitlement to removal expenses on appointment shall normally cease if removal has not
commenced within one year after the date on wh ich the staff member became entitled to removal
expenses or if the staff member's services are not e xpected to continue for more than six months beyond
the proposed date of arrival of the personal effects and household goods.
Rule 112.11
Removal costs on separation
(a) On separation from service  under Staff Regulation 10.1(a), 10.1(b), 10.1(c), 10.1(d) or 10.1(g), a
staff member who travels at the expense of the WTO shall be entitled to the payment of costs for the
removal of personal effects and household goods from the duty station subject to conditions established
by the Director-General and provid ed that the effects and goods were in the staff member's possession at
the time of separation from service and are being transported for the use of the staff member.
(b) The WTO shall pay the cost of removing pers onal effects and household goods belonging to the
staff member either to the place of recruitment or  to the recognized home.  Payment of removal
expenses to another place may be authorized in exceptional cases.
(c) Where both husband and wife are staff members and are entitled to removal expenses on
separation, their combined entitlement shall be limited to that of a staff member with a spouse or a
dependent child travelling to the duty station.
(d) A staff member who resigns before comple ting one year of service shall not normally be
entitled to payment of return removal expenses on separation.
(e) Reimbursement shall not normally be granted if the removal has not begun within one year of
the date of separation.  Where both husband and wi fe are staff members and the spouse who separates
first is entitled to removal expenses, the entitleme nt shall not cease until one year after the date of
separation of the spouse.
Rule 112.12
Excess baggage and unaccompanied shipments
(a) When on official travel, staff members sh all be reimbursed excess baggage charges for
themselves and their eligible family members to the extent of the difference between the free baggage
allowance by first class and the baggage allowance corresponding to their class of travel.  Other charges
for excess baggage shall be reimbursed only in exceptional circumstances.
(b) For travel on appointment or se paration, home leave travel, family visit travel or education grant
travel, a staff member shall be paid expenses incurred in making unaccompanied shipments of personal
effects and household goods under conditions determined by the Director-General.
Rule 112.13
Insurance
(a) Insurance coverage shall be provided by the WTO, under conditions established by the
Director-General, in respect of unaccompanied sh ipments and personal effects and household goods in
transit.
(b) A staff member shall not be reimbursed the cost  of personal accident insurance or of insurance
of accompanied personal luggage.WT/GC/W/102
Page 70
Rule 112.14
Expenses on death
In the event of the death of a staff member or of an eligible family member, the WTO shall pay
reasonable costs of preparation of the body and, if lo cal interment is elected, reasonable expenses for
such interment.  When local interment is not elected, the WTO shall pay reasonable costs of
transportation of the body either from the duty station or, when the death occurs while in travel status,
from the place of death to the duty station or to a pl ace to which the deceased was entitled to travel on
separation.
DISCIPLINARY MEASURES
Rule 113.1
Disciplinary measures
Pursuant to  Staff Regulation  11.1 the Director-General may propose to apply disciplinary
measures to staff members whose conduct is unsatisfactory.
Rule 113.2
Disciplinary procedure
(a) The Director-General shall notify the staff member in writing of the proposal to apply a
disciplinary measure and of the grounds for such action.  The staff member shall acknowledge the
notification in writing within three working days of receipt.
(b) Except where referral to the body established pursuant to  Staff Regulation 11.3 is waived with
the agreement of the staff member, the Director-General  shall, within three working days of the date of
receipt by the staff member, notify the body of the pr oposal and the grounds therefor and advise the staff
member accordingly.  The staff member may provide the body with written observations on the proposal
within ten working days following notification to the body.
(c) Within twenty working days of  being notified of the proposal to apply a disciplinary measure,
the body shall hear the staff member, except where th e staff member waives this requirement, and shall
call such other witnesses as it or the parties may wish  to hear, and report to the Director-General with a
copy provided to the staff member.  The staff me mber may provide the Director-General with written
observations on the report within ten work ing days of receipt of the body's report.
(d) The decision of the Director-General on the proposed disciplinary measure shall be notified to
the staff member within fifteen working days of the date of receipt of the report by the staff member.
The staff member shall acknowledge receipt of the notification of the decision within three working
days.
Rule 113.3
Suspension during the disciplinary procedure
Where the Director-General pr oposes to apply the disciplinary measure of dismissal for
misconduct, the Director-General may suspend the st aff member from duty during the procedure.  Such
suspension shall be without prejudice to the rights of the staff member under the Staff Regulations  and
Staff Rules .WT/GC/W/102
Page 71
GRIEVANCES AND APPEALS
Rule 114.1   
Mediation
(a) On the recommendation of the JAC, the Director -General shall designate a person or persons to
act as an impartial mediator or mediators to assi st members of the staff with problems or grievances
relating to the terms and conditions of their employ ment, their working conditions and/or their relations
with supervisors and colleagues.  Such assistance sh all be confidential unless otherwise agreed by the
staff member.
(b) The mediator shall endeavour to effect r econciliation through fact -finding, discussion and
involvement of all interested parties.
(c) The mediator may also make recommendations to the Director-General regarding employment
and working conditions and express views on the interpretation and application of the  Staff Regulations,
Staff Rules and Staff Administrative Memoranda.
Rule 114.2
Joint Appeals Board
(a) The Joint Appeals Board shall be composed of  a chairperson appointed by the Director-General
in consultation with the Staff Counc il, a member and alternate appointed  by the Director-General, and a
member and alternate elected by the staff.
(b) The Chairperson, members and alternates of the Joint Appeals Board shall hold office for
three years, shall be eligible for re-appointment or re-election, and shall remain in office until their
successors are appointed or elected.
(c) The Director-General shall, in consultation with the Chairman of the Joint Appeals Board,
designate a secretary of the Board for a period of  three years (renewable) who, for the purpose of Staff
Rule 114.5 - 114.9 below, shall support the function of th e Joint Appeals Board in an independent and
confidential manner and shall in particular receive,  record and transmit the documents of the procedure
on behalf of the Chairperson of the Appeals Board.  The secretary shall attend the meetings of the Board
but shall not take part in its deliberations.
(d) The Joint Appeals Board shall establish its own rules of procedure which shall be published in a
Staff Administrative Memorandum.
Rule 114.3
Request for review
(a) A staff member intending to appeal against an administrative decision, other than decisions
referred to in paragraph (b) below, shall first reque st the Director-General, in writing, to review the
decision.  The request must be sent within forty working days from the date the staff member received
notification of the decision in writing.WT/GC/W/102
Page 72
(b) A staff member wishing to appeal against a decision to apply a disciplinary measure may do so
directly to the Administrative Tribunal of the International Labour Organization.
Rule 114.4
Conciliation
The Director-General, in reviewing the administra tive decision in question, and with the consent
of the staff member, or at the latter's request, may se ek the assistance of the Chairperson or a member of
the Joint Appeals Board, with a view to reaching a mu tually satisfactory settlement of the matter.  This
procedure is without prejudice to the right of the st aff member to pursue an appeal under the provisions
of Staff Rule  114.5.
Rule 114.5
Appeals
(a) The staff member may appeal against the Director-General's reply to the request for review
within twenty working days of the receipt of such re ply.  If the Director-General does not reply to the
request within twenty working days, the staff memb er may appeal against the original administrative
decision within a further time limit of twenty working days.
(b) An appeal shall be lodged with the Chairpers on of the Joint Appeals Board who shall provide a
copy to the Director-General within  three working days of its receipt.
Rule 114.6
Suspension of decision
The filing of an appeal with the Joint Appeals Bo ard shall not have the effect of suspending the
decision that is the subject of the appeal.  Howe ver, upon the request of the staff member, the Board
may, after hearing both parties, recommend to the Di rector-General the suspensi on of that decision.  The
request shall set forth the relevant facts and indica te how implementation would directly and irreparably
injure the staff member's rights.  The Director-General's response to such a recommendation by the
Board is not subject to appeal.
Rule 114.7
Reply by the Director-General
The Director-General shall submit a written reply to the Chairperson of the Joint Appeals Board
within twenty working days following the date of receipt of the appeal.
Rule 114.8
Proceedings of the Board
(a) Proceedings before the Board shall normally be  limited to the original written presentation of
the case, together with brief statements and rebuttals , which may be made orally or in writing, in one of
the working languages of the WTO.
(b) Staff members may arrange to have their appeal presented to the Board on their behalf by a staff
member of  the WTO or of another international organization in Geneva.
(c) The Board may call members of the staff who may be able to provide relevant information,  and
shall have access to all documents pertinent to the case.WT/GC/W/102
Page 73
(d) Participation in the work of the Board shall be c onsidered as part of official duties.  All staff
members required to participate in the work of the Bo ard shall be released to the extent necessary from
their normal duties for that purpose, in order to facilitate the prompt handling of cases.
(e) The Board shall act with the maximum dispatch consistent with a fair review of the appeal. It
shall adopt its report by majority vote and submit th e report to the Director-G eneral within 40 working
days of receipt of the reply referred to under Staff Rule  114.7.
(f) The report shall constitute a record of the Bo ard's proceedings and shall include a summary of
the issues, together with its recommendations  to the Director-General.  Any votes on the
recommendations shall be recorded and members may have their dissenting opinion included in the
report.
Rule 114.9
Decision of the Director-General
(a) Within 20 working days after the Board has forwarded its report, the final decision on the
appeal shall be taken by the Director-General and sh all be communicated to the Chairperson of the Joint
Appeals Board and to the staff member, together with a copy of the Board's report.  The Director-
General's decision and a copy of the Board's report shall also be transmitted to the Staff Council except
if the staff member objects.  The report shall be neither quoted nor reproduced without the consent ofboth parties.
(b) If a decision has not been taken by the Direct or-General within 20 working days of submission
of the report, the secretary of the Joint Appeals Bo ard shall communicate the report of the Board to the
staff member in order to enable the staff member  to exercise the right to appeal to the ILO
Administrative Tribunal.
(c) The Director-General may, with the staff member's consent, waive recourse under Staff
Rule 114.5 in order to permit the staff member to app eal directly to the ILO Administrative Tribunal.
GENERAL PROVISIONS
Rule 115.1
Gender of terms
In the French and Spanish texts of these rules,  reference to staff members in the masculine
gender shall apply to staff members of both sexes,  unless clearly inappropriate from the context.
Rule 115.2
Amendment of, and exceptions to, Staff Rules
(a) Subject to Staff Regulation  13.2, the Staff Rules  may be amended by the Director-General.
(b) Exceptions to the Staff Rules  may be made by the Director-General, provided that such
exceptions are not inconsistent with any Staff Regulation , that they are agreed to by the staff member
directly affected and that they ar e not prejudicial to the interests of any other staff member or group of
staff members.WT/GC/W/102
Page 74
Rule 115.3
Financial responsibility
A staff member may be required to reimburse the WTO either partially or in full for any
financial loss suffered by the WTO as a result of the staff member's negligence or of having violated anyStaff Regulation, Staff Rule  or Staff Administrative Memorandum.
Rule 115.4
Authentic texts
The English, French and Spanish texts of the Staff Regulations  and Staff Rules  are equally
authentic.
Rule 115.5
Effective date
The Staff Regulations  and Staff Rules  shall take effect on [1 January] 199[ ].
TRANSITIONAL PROVISIONS
Rule 116.1
Dependency Allowances
Where the amount of dependency allowance payable under Staff Rule 106.14 in respect of the
staff member's first primary dependant is less than the amount of the difference between the
dependency and single rates of salary applicable at the staff member's grade and step on
31 December [  ], the staff member shall continue to receive the higher of the two amounts until the
amount of the allowance payable under Staff Rule 106.14 overtakes the amount of the difference
between the dependency and single rates of salary.
Rule 116.2
Non-resident's allowance
Staff members who were in receipt of a non- resident's allowance on 31 August 1983 may
continue, while eligible, to receive the non-resident's allowance at the rate and in accordance with the
provisions in effect before 1 September 1983.
Rule 116.3
Language proficiency
(a) Any staff member whose appointment took effect prior to 1 January 199[ ], and who was in
receipt of the language allowance provided for in the ICITO Staff Regulations and Rules shall
continue to receive that allowance at the rate and in accordance with the provisions in effect on31 December 199[ ].
(b) Any staff member whose appointment took effect  prior to 1 January [  ], and who was entitled
to an accelerated periodic salary increment,  shall remain entitled to such increments.
Rule 116.4
Repatriation grant
Any staff member whose appointment took effect  prior to 1 January 199[  ] shall retain the
entitlement, where applicable, to the amount of the repatriation grant provided for in the ICITO StaffWT/GC/W/102
Page 75
Regulations and Rules in force on 31 December 199[  ],  where that amount is higher than that of the
separation grant provided for in Staff Rule 111.9.WT/GC/W/102
Page 76ANNEX 1
WTO Net and Gross Salary Scales
(in Swiss francs)
(Staff Regulation 6.2, Staff Rule 106.2 and Article 20 of the Regulations of the WTO Pension Plan)
(Effective 1 January 199[ ])
GradeSTEP
123456789 1 0 1 1 1 2 1 3 1 4 1 5
1 NET
INTERNAL TAX RATE
GROSS
2NET
INTERNAL TAX RATE
GROSS
3NET
INTERNAL TAX RATE
GROSS
4NET
INTERNAL TAX RATE
GROSS
5NET
INTERNAL TAX RATE
GROSS
6NET
INTERNAL TAX RATE
GROSSPENDING
7NET
INTERNAL TAX RATE
GROSS
8NET
INTERNAL TAX RATE
GROSS
9NET
INTERNAL TAX RATE
GROSS
10NET
INTERNAL TAX RATE
GROSS
11NET
INTERNAL TAX RATE
GROSS
12NET
INTERNAL TAX RATE
GROSS
ADGNET
INTERNAL TAX RATE
GROSS
DDGNET
INTERNAL TAX RATE
GROSSWT/GC/W/102
Page 77
ANNEX 2
WTO STAFF RULES
Dependency allowance rates
(effective 1 January 199[ ])
(a) Spouse allowance (Staff Rule 106.14(a))
SFR 5,686 per year (SFR 6,406 for staff members in receipt of a dependency allowance in
respect of a spouse on 31 August 1995).
(b) Child allowance (Staff Rules 106.14(b) and (c))
(i) SFR 3,883 per year;  or
(ii) SFR 9,569 per year for the first child, if the staff member is without a spouse.
(c) Secondary dependant's allowance (Staff Rule 106.14(d))
SFR 1,308 per year (SFR 1,452 for staff members in receipt of the allowance on 31 December
1993).WT/GC/W/102
Page 78
ANNEX 3
WTO STAFF RULES
Rules Governing Compensation in th e Event of Service-incurred Death,
Injury or Illness
PART I
DEFINITIONS
[TO BE CIRCULATED AT A LATER DATE]WT/GC/W/102
Page 79
ANNEX 4
WTO STAFF RULES
Termination indemnity rates
(Staff Regulation 10.6 and Staff Rule 111.8)
(effective 1 January 199[ ])
The termination indemnity shall be paid in accordance with the following schedule:
Length of service Regular contracts Fixed-term contracts
(months of net salary according to Annex 1 of the Staff Rules)
Less than 1 year Not applicable
1 year Not applicable
2 years 3
3 years 3
4 years 4
5 years 5One week for each month of
uncompleted service subject to
a minimum of six weeks' and a
maximum of three months'
indemnity, except that the
indemnity shall not exceed the
net salary that the staff
member would have earned if
the contract had run until its
expiry date
6 years 6 3
7 years 7 5
8 years 8 7
9 years 9 9
10 years 9.5 9.5
11 years 10 10
12 years 10.5 10.5
13 years 11 11
14 years 11.5 11.5
15 or more years 12 12WT/GC/W/102
Page 80
ANNEX 5
WTO STAFF RULES
Separation grant rates
(Staff Regulation 10.7 and Staff Rule 111.9)
(effective 1 January 199[ ])
Family status
With primary dependant Single
(months of net salary at the mid point of the scale reproduced in
Annex 1 of the Staff Rules)
Amount of grant payable under
Staff Regulation  10.7(a) 4 months 2 months
Amount of grant payable under
Staff Regulation  10.7(b) 2 months 1 monthWT/GC/W/102
Page 81
ANNEX 6
WTO STAFF RULES
Grant on death
(Staff Rule 111.10)
(effective 1 January 19[ ])
Length of service
(as defined in Staff Rule 111.8(b))Months of net salary according to
Annex 1 of the Staff Rules
3 or less years of service3
4 years of service4
5 years of service5
6 years of service6
7 years of service7
8 years of service8
9 or more years of service9WT/GC/W/102
Page 82
WGCS(98)10/Rev.1
     7 October 1998
WORKING GROUP ON CONDITIONS OF SERVICE
APPLICABLE TO THE STAFF OF THE WTO SECRETARIAT
DRAFT ADMINISTRATIVE RULES OF THE WTO PENSION PLANWT/GC/W/102
Page 83
INTRODUCTION
(a)  The Management Board has, in terms of Article 5(b) of the Regulations, made the present
Administrative Rules which enter into force with effect from 1 January 199[  ].
(b)  The Management Board may amend these Rules from time to time as it deems appropriate and
desirable, and shall interpret them to the extent required to give effect thereto.
(c)  In accordance with Article 2 of the Regulations, the terms defined in that article shall bear the
same meaning where they appear in these Rules.
SECTION A
Administrative Manual
A.1 The Secretary shall be responsible, under the authority of the Management Board, for
ensuring the observance of the Regulations and these Rules by the WTO and the participants.
SECTION B
Participation
B.1 The Secretary shall, upon fulfillment by a member of the WTO staff of the conditions of
Article 16 of the Regulations, register the admission of that member to the Plan as a participant byrecording such information with respect to the memb er of the staff as may be required, including the
terms of appointment.  The Secretary shall thereafter record any changes which occur therein.
B.2 The information shall normally include the name of the participant and the date of
commencement of participation, date of birth, sex and marital status, and, as the case may be, thenames and dates of birth of the spouse, children under the age of 21, and secondary dependants.
B.3 The participant shall be responsible for providing the information in B.2 above and for
notifying the Secretary of any changes which occur therein.  The participant shall be required to
submit documentary or other proof of such information to the Secretary.  No change in the recordsrelating to the date of birth of a participant or prospective beneficiaries shall be accepted after the date
of the participant's separation.  The Secretary shall verify, to the extent possible, the accuracy of the
information furnished.
B.4 Information provided by or in respect of participants or beneficiaries under the Regulations or
these Rules shall be held and used solely for the purposes of the Plan as the Management Board shall
determine and shall not be otherwise disclosed.
B.5 The participant shall, as soon as practicable af ter the commencement of participation, specify
in writing, on a form provided for the purpose by the Secretary, the secondary dependant, if any, or
other person whom the participant designates as beneficiary or beneficiaries in the event of a benefit
becoming payable under Article 32 or 34 of the Regulations by reason of the participant's death inservice without a surviving spouse or child entitled to a benefit.  Any changes thereafter in such
designation shall similarly be specified by the participant in writing.
B.6 A participant who is separated from the service of the WTO and who again becomes a
participant in the Plan in accordance with Article 16(a) of the Regulations within 12 months after suchseparation and without a benefit having been paid shall continue participation in accordance with
Article 16(b).  In calculating the period between the dates of separation and re-entry into participationWT/GC/W/102
Page 84
under Article 16(a) no recognition shall be given to any intervening non-contributory service even if
subsequently validated under Article 18.
SECTION C
Medical Examination
C.1 In accordance with Article 37 of the Regulations, a medical examination shall be carried out
of each participant by the medical adviser to the WTO, or a medical practitioner designated by the
medical adviser, prior to or as early as may be practicable after the commencement of participation.
C.2 The examination shall be conducted in such a manner as to determine whether or not the
participant meets the medical standards, and may be waived if the participant has undergone amedical examination within twelve months prior to the commencement of participation and if the
results of that examination are acceptable to the medical adviser.
SECTION D
Contributions and Interest
D.1 Contributions as specified in Article 21(b) shall be deducted monthly by the WTO from the
salary and emoluments of each of its participants in pay status and remitted in Swiss francs to the
Plan;  the contributions of a participant in partial pay status pursuant to Staff Rule 110.3 shall be on
the basis of the participant's full pensionable remuneration.
D.2 Contributions for the purpose of validation, restoration, or the accrual of contributory service
during leave without pay shall be made in Swiss francs in accordance with Sections E, F and G below.
D.3 (a)  Interest shall accrue each year or part of a year on a participant's contributions to the Plan;
interest shall not, however, accrue in any year on contributions made during that year.
(b)  For the purpose of accrual of interest under Article 21(d), (e), (f) or (g), Article 27 and
Article 34(c) of the Regulations, the interest shall be calculated to the end of each financial year and
compounded annually.
(c)  In the calculation of interest, periods of less than one calendar month shall, if they amount
to fifteen days or more, be treated as one month, and if they amount to less than fifteen days, be
disregarded.
(d)  For the purpose of calculating monthly instalments, including interest, for the
amortization of amounts due under Article 21(f), the interest shall be compounded annually.
D.4 Remittance by the WTO of the contributions under Article 21 shall be made monthly and
received by the Plan not later than on the second working day of the following month.
D.5 The Plan shall be compensated for any loss resulting from delays in receipt of the
contributions under Rule D.4 above.
D.6 The financial year of the Plan shall be the period 1 January to 31 December inclusive.WT/GC/W/102
Page 85
SECTION E
Validation of Non-Contributory Service
E.1 A participant who elects to validate non-contributory service under Article 18(a) of the
Regulations shall give notice in writing of that election to the Secretary, not later than one year after
the commencement of participation and in any case prior to the date of separation if earlier.  Theparticipant shall state in such notice the total period or periods of service which, to the participant's
knowledge, are open to validation.
E.2 (a)  The Secretary, if satisfied that the conditions of Article 18(a) have been fulfilled, shall
notify the participant in writing of the contributions which would have been payable by the participant
had the service been contributory, with interest to the date of the notice of election.
(b)  The contribution of the WTO shall be twice the amount under (a) above.
E.3 The participant shall remit the amount under Rule E.2(a) above in a lump sum to the Plan
within ninety days of the date of notification, or prior to the date of separation if earlier, failing which
the participant's right to validate shall be deemed to be cancelled.
E.4 (a)  A beneficiary who elects to validate on behalf of a deceased participant under
Article 18(b) of the Regulations shall give notice in the manner and within the period specified in
Rule E.1 above.  The beneficiary shall be notified of the amount due in accordance with Rule E.2
above and shall remit such amount in a lump sum to the Plan within ninety days of the date ofnotification.
(b)  In the event that a participant dies after having elected to validate under Rule E.1 above,
but before the amount due by the participant has been remitted under Rule E.3, a beneficiary
empowered to make an election on behalf of the participant under Article 18(b) shall be entitled, uponnotice in writing to the Secretary prior to payment of  the benefit, to make such remittance to the Plan
in a lump sum within ninety days of the date of notification to the beneficiary by the Secretary of the
amount due.
(c)  Failure by a beneficiary to comply with the provisions of (a) or (b) above shall be deemed
to cancel the beneficiary's rights under Article 18(b).
E.5 A former participant who, during participation, does not validate the non-contributory service
then open to validation shall not, by virtue of a new period of participation, be entitled to validate
such service.
SECTION F
Restoration of Prior Contributory Service
F.1 A participant who elects to restore prior contributory service as a former participant under
Article 19(a) of the Regulations shall give notice in writing of that election to the Secretary not laterthan one year after the re-commencement of participation and in any case prior to the date of
separation if earlier.
F.2 The Secretary, if satisfied that the conditions of Article 19(a) have been fulfilled, shall notify
the participant in writing of the total amount due, after having ascertained the periods of priorcontributory service of the participant, together wi th the amount of the withdrawal settlement received
under Article 27(b) and the interest thereon.WT/GC/W/102
Page 86
F.3 The participant shall make, or commence, paymen t of the amount within ninety days of the
date of the notification by the Secretary under Rule F.2 above, either
(a)  in full in a lump sum;  or(b)  in equal monthly instalments, with interest, over a period no longer than half the length of
the prior contributory service elected to be restored, provided that the total amount due shall be
payable prior to the date of the participant's separation.
F.4 (a)  Payment shall be made, in accordance with the method selected by the participant under
rule F.3 above, by remittance to the WTO within the time-limits applicable.
(b)  In the event of default in the payment of a lump sum or the first payment of an instalment,
the right of the participant to restoration shall be deemed to be cancelled.  In the event of default
thereafter, the participant shall be given notice in writing by the Secretary to effect payment within ninety
days, failing which the right to restoration shall similarly be deemed to be cancelled.
(c)  A participant whose right to restoration is cancelled shall be refunded forthwith the
payments, with accrued interest, and shall forfeit any further right to such restoration.
F.5 A beneficiary who elects to restore on behalf of a deceased participant under Article 19(c) of the
Regulations, or to make or complete the remittances due by a participant who had so elected prior to the
participant's death, shall be bound, mutatis mutandis , by the provisions of rule E.4.
SECTION G
Leave Without Pay
G.1 A participant who wishes contributory service to accrue in terms of Article 17(b) of the
Regulations in respect of leave without pay shall make arrangements with the WTO in accordance with
Article 21(c) of the Regulations for the full contributions to be remitted to the Plan concurrently with such
leave in the same manner as contributions due in respect of a participant in pay status.
SECTION H
Determinations of Incapacity and Inability to Engage in Gainful Employment
General
H.1 (a)  The determination of incapacity for the purpose of disability benefits under Article 29 of the
Regulations and of children's and secondary dependants' benefits under Article 31(b) and 32(a) shall bemade in each case by the Management Board.
(b)  For entitlement to a total disability benefit, the incapacity for further service must be found to
exist or to have existed on the participant's date of separation.
H.2 In each case in which the Management Board has determined that a participant or a child is
incapacitated, the medical adviser of the WTO shall transmit a report on the medical aspects of the case to
the Secretary.
Disability benefits (Article 29)
H.3 A request for a determination by the Management Board under Articles 29(a) or 29(d) of the
Regulations shall be made by the WTO:WT/GC/W/102
Page 87
(a)  Whenever during, or on the expiry of, the appointment of a participant there is reason to
believe that the participant  may be incapacitated within the meaning of Articles 29(a) or 29(d); or
(b)  Whenever a participant is placed, or is proposed to be placed, on leave without pay for
reasons of health; or
(c)  Whenever the appointment of a participant is terminated, or is proposed to be terminated, for
reasons of health.
H.4 A determination under Articles 29(a) or 29(d) shall be made by the Management Board at the
request of a participant:
(a)  Whenever the WTO has not acted in accordance with Rule H.3 above;  or
(b)  Whenever a participant alleges an incapacity within the meaning of Articles 29(a) or 29(d).
H.5 (a)  The request shall be in writing, addressed to the Secretary, and in the case of a participant
shall be made not later than four months after the date of separation or commencement of leave without
pay, unless in the opinion of the Management Board there are exceptional circumstances justifying
submission of the request at a later date.
(b)  The request shall state the material facts on which the WTO or the participant relies and the
conclusions which are deduced therefrom, and shall be accompanied where practicable by a report from
the medical adviser of the WTO or a medical practitioner retained by the participant, as the case may be.
(c)  The WTO, or the participant if the request has been submitted by the participant, may be
required by the Management Board to provide further evidence or information thereon prior to adetermination being reached.
H.6 (a)  A determination that a participant is incapacitated within the meaning of Articles 29(a) or
29(d) shall, until the participant reaches age fifty-five, be reviewed by the Management Board from time
to time for the purpose of establishing the continued eligibility or otherwise of the participant for adisability benefit.
(b)  The date for each such review shall be set by the Management Board, having regard to the
opinion of the medical adviser on the prospects for the participant's recovery, and in such manner that the
interval between reviews does not normally exceed three years;  the Management Board may
nevertheless review a determination at an earlier date than that set for the review if there is reason to
believe that the participant is no longer incapacitated.
(c)  The participant shall be informed in writing by the Secretary of the date or interval set for the
review in each case and shall, as and when required, submit to a medical examination by the medical
adviser, or a medical practitioner designated by the medical adviser, for the purpose of providing
evidence enabling the Management Board to reach a further determination on the continuance orotherwise of his incapacity.
(d)  Upon review, the Management Board shall continue a disability benefit if it determines that
the participant remains incapacitated; it may suspend or discontinue a benefit if the participant has failed
to submit to a medical examination when required to do so, or if the results of a medical examination areinconclusive; it may impose on the participant the fulfillment of a condition precedent to the continuation
of a benefit or the removal of a suspension; and it shall discontinue a benefit when the evidence before it
shows beyond reasonable doubt that the participant is no longer incapacitated, provided that a benefit soWT/GC/W/102
Page 88
discontinued may be re-instated by the Management Board if it is satisfied, upon further evidence, that
the participant was in fact then incapacitated.
H.7 (a)  A disability benefit which is suspended or discontinued shall cease to be paid at the end of
the third complete month after the month in which the decision was taken.
(b)  A disability benefit which is re-instated after suspension or discontinuance shall
re-commence from the date of reinstatement, unless the Management Board, after a review of the
circumstances of the case, decides that it shall re-commence from an earlier date.
Disabled children's (and brother's or sister's) benefits [article 31(b) and 32(a)]
H.8 A determination under Article 31(b) or 32(a) shall be made by the Management Board whenever
the child, or the brother or sister, of a participant, eligible in other respects for a child's or secondarydependant's benefit, claims, or is claimed, to be incapacitated by illness or injury for substantial gainful
employment:
(a)  Upon reaching the age of 21, if immediately prior thereto a child's or a secondary
dependant's benefit was payable, as the case may be;
(b)  Upon the death in service or entitlement to a retirement or disability benefit of the
participant, if the child is then over the age of 21;
(c)  Upon the entitlement of the participant to  an early retirement benefit.  However, a
child under the age of 21 shall be considered to be disabled only if the child would
have been considered to be such had the child been 21 years of age on the date of the
participant's separation;
(d)  Upon the death of a participant entitled to a retirement, early retirement, or disability
benefit, if a brother or sister is then over the age of 21 and is claimed to have been
incapacitated at the date of the participant's separation.
H.9 The claim shall be made in writing, addressed to the Secretary, by or on behalf of the child or
secondary dependant, and shall be accompanied by a report from a medical practitioner on the nature ofthe illness or injury and the extent, if any, to which gainful employment is possible;  in the case of Rule
H.8(b) above, the report shall be submitted by the medical adviser of the WTO.
H.10 A determination that a child or secondary dependant is incapacitated within the meaning of
Article 31(b) or 32(a) shall be reviewed, mutatis mutandis , in accordance with the provisions applicable
to disability benefits in Rules H.6 and H.7 above, save that the intervals between reviews may exceed
three years.
SECTION I
Entitlement to Benefits
I.1 Entitlement to a benefit shall, subject to rules I.3 and I.4 below but without further action by the
Secretary of the Management Board other than as may be required to determine eligibility for a disability
or incapacitated child's benefit under these Rules, vest in a participant and in the child of a participant on
the day succeeding the last day of the participant's contributory service;  it shall vest in the widow,
widower, secondary dependant, designated beneficiaries or estate of a participant on the day succeedingthe day of death if the participant died in service, and on the first day of the month succeeding death if the
participant died while in receipt of a periodic benefit.WT/GC/W/102
Page 89
I.2 Entitlement to a benefit under Article 31(a) of the Regulations shall continue to the end of the
month in which the child marries or reaches the age of twenty-one.
I.3 Entitlement shall be subject to certification by the Secretary, in accordance with Article 6 of the
Regulations, that the conditions for payment of the benefit have been fulfilled;  the Secretary shall refer to
the Management Board for decision any case in which he has declined so to certify.
I.4 Where, in the case of a disability benefit, a period of leave in pay status has succeeded a period of
leave without pay for reasons of health, entitlement to the benefit shall vest as though the paid leave of
the participant had been continuous.
SECTION J
Computation and Payment of Benefits
J.1 Upon the separation of a participant, the Secretary shall assemble the information required for the
purpose of computing the former participant's entitlements under the Regulations.
J.2 (a)  The participant shall specify in writing, on a form provided for the purpose by the Secretary,
the benefit and any commutation thereof which the participant elects in accordance with the Regulations,
the participant's instructions with respect to the method, currency and periodicity of payment, and the
banking or other institution, if such be the case, to which payment should be made for the participant's
account.  Subsequent changes in the election of benefits by the participant shall not be accepted unless:
(i) no payment has yet been made by the Plan;  and(ii) in the case of a deferred retirement benefit, in addition to meeting the 
condition under subparagraph  (i), no letter of entitlement has yet been sent bythe Plan.
(b)  Payment of the periodic benefit shall be made monthly in arrears.(c)  In the event that the amount of a benefit paid  in full in a lump sum is found to be in error,
a correction shall be made if the error exceeds ten Swiss francs.
(d)  Benefits payable under the Regulations to the children of a participant shall, unless there are
exceptional circumstances, be paid on their behalf to the participant and, upon his death, to the surviving
parent or legal guardian of each child, in accordance, mutatis mutandis, with (a), (b), (c) and (d) above.
J.3 Participants shall at the same time, where there is a prospect that a benefit may become
payable upon their death under Article 32 or 34 of the Regulations, specify similarly the secondary
dependant or other person designated as a beneficiary, as the case may be;  in the absence of such
designation, payment shall be made in accordance with the designation of the participant under Rule B.5
above.
J.4 The contributory service of a participant which is used as a multiple to obtain the rate or amount
of any particular benefit shall be calculated in years and fractions of years, each complete calendar month
being deemed equal to one twelfth of a year, and the total number of days comprised in the incomplete
calendar months being apportioned by the addition of one month for each thirty days or part thereof of
fifteen days or longer;  a residual period of less than fifteen days shall be disregarded.
J.5 The contributory service of a participant which is used to determine eligibility for a benefit
shall be calculated according to the actual years, months and days comprised therein; for the purposeWT/GC/W/102
Page 90
of determining final average remuneration, incomplete months shall be disregarded except as
provided in Article 2(h).
J.6 The contributory service of a participant shall not include unused annual leave accrued at the date
of separation, for which compensation is paid, or any period in respect of which payment is made in lieu
of notice of termination.
J.7 The age of a participant shall be calculated in years and fractions of years from the date of
birth to the date of separation, in accordance with the method prescribed for the calculation of
contributory service in Rule J.4 above; a participant shall nevertheless not be considered to have
reached age fifty-five, age fifty-seven, age sixty or  age sixty-two until the fifty-fifth, fifty-seventh,
sixtieth or sixty-second birthday, as the case may be, shall have elapsed.
J.8 The participant, and any person entitled through the participant to a periodic benefit from the
Plan, shall be required from time to time to furnish, to the satisfaction of the Secretary, proof that the
participant, and any person on whose behalf a benefit is paid to the participant, remains alive and, as
the case may be, unmarried;  the Secretary may suspend payment of a benefit pending the receipt of
such proof.
J.9 (a)  Any payments made by the Plan to a participant, beneficiary of a participant or third person
otherwise than in accordance with the Regulations of the Plan may be deducted from any future benefits
payable to or on account of the participant under these Regulations or may be recovered directly from the
person or estate of the person to whom any such payments were made.
(b)  The Secretary may, where appropriate, waive recovery of all or part of an indebtedness to
the Plan.  Such waivers shall be reported to the Management Board;
(c)  Two years after discovery by the Plan that any such payments were made, the Secretary
may deem that the amounts of such payments are unrecoverable and may authorize that such amounts
be written off as uncollectible indebtedness to the Plan.
SECTION K
Review and Appeal
General
K.1 The Management Board shall, at the instance of any person who is entitled to submit an
application under Article 43 of the Regulations, review any decision taken by it or by the Secretary in
the exercise of powers conferred by the Regulations or these Rules.
K.2 The Management Board shall in like manner review any decision taken by it under H.1 in
which the medical conclusions are in dispute, and any decision by the Secretary which is not
otherwise subject to review.
K.3 The decision shall, upon review, be either confirmed, rescinded, or varied to the extent
necessary to bring it into conformity with the Regulations and these Rules.
K.4 An appeal shall lie to the ILO Administrative Tribunal, in accordance with Article 43 of the
Regulations, from the decision of the Management Board taken upon review under Rule K.2.WT/GC/W/102
Page 91
Procedure for review
K.5 A review shall be initiated by delivery to the Secretary within ninety days of receipt of
notification of the disputed decision, of a notice in writing stating the points of fact or of law
contained in the decision which are disputed, and the grounds upon which the request for the review is
founded; the Management Board may nevertheless, upon good cause shown, accept for review a
request of which notice was delivered after the expiry of the period prescribed above.
K.6 A review by the Management Board shall, unless rule K.7 below applies, be completed within
sixty days of the delivery of the notice prescribed under rule K.5 above.
K.7 (a)  Where the outcome of the review turns in whole or in part on the medical conclusions on
which the disputed decision was based, the Management Board shall obtain the advice of a medical
board on the correctness or otherwise of such co nclusions before proceeding with the review.
(b)  The medical board shall consist of a medical practitioner selected by the participant or
person requesting the review, the medical adviser of the WTO or a medical practitioner designated by
the medical adviser, and a third medical practitioner selected in agreement by the former two.  The
medical board shall undertake such further examinati on of the medical conclusions at issue, and/or of
the person who is the subject of the review, as it considers desirable, and shall report its conclusions
in writing to the Management Board which shall thereupon proceed with the review.
(c)  If the decision resulting from the review varies the disputed decision, the medical fees and
expenses of the medical board shall be borne by the Plan; if the disputed decision is confirmed, the
medical fees and expenses of the practitioner selected by the participant or person requesting thereview and half the medical fees and expenses of the third practitioner shall be borne by the
participant and the remainder by the Plan; indebtedness by a participant under this rule may be
recovered in accordance with Article 39 of the Regulations.
SECTION L
Transfer Agreement
L.1 Participants in the Plan may avail themselves of the provisions of any agreement entered into
for the purpose of securing continuity of pension rights under Article 10 of the Regulations of the
Plan, in accordance with the terms of the agreement applicable.WT/GC/W/102
Page 92
 WGCS(98)14/Rev.1
    7 October 1998
WORKING GROUP ON CONDITIONS OF SERVICE
APPLICABLE TO THE STAFF OF THE WTO SECRETARIAT
COMPENSATION PHILOSOPHY
Introduction
1. Operative paragraph 2 of the decision (WT/L/269) adopted by the WTO General Council on
24 April 1998 requires the Working Group to submit a compensation philosophy as part of a detailed
proposal for a WTO compensation and personnel plan that is independent from the UN common
system of salaries, allowances and benefits. The purpose of this paper is to present a draftcompensation philosophy for consideration by the Working Group.
2. The compensation philosophy of the WTO, or set of principles underlying its compensation
plan, is contained in the relevant sections of the draft Staff Regulations and Rules and Pension Plan
Regulations, which Regulations flow from Article VI of the Marrakech Agreement Establishing theWorld Trade Organization and, more particularly, from paragraphs 3 and 4 thereof which read:
"3. The Director-General shall appoint the members of the staff of the Secretariat and
determine their duties and conditions of service in accordance with regulations
adopted by the Ministerial Conference.
4. The responsibilities of the Director-General and of the staff of the Secretariat shall be
exclusively international in character.  In the discharge of their duties, the Director-
General and the staff of the Secretariat shall not seek or accept instructions from any
government or any authority external to the WTO.  They shall refrain from any actionwhich might adversely reflect on their position as international officials.  The
Members of the WTO shall respect the international character of the responsibilities
of the Director-General and of the staff of the Secretariat and shall not seek to
influence them in the discharge of their duties."
3. As stated in the Staff Regulations, the paramount objective in the determination of conditions
of service shall be to secure staff members of the highest standards of competence, integrity andefficiency and to meet the requirements of the WTO, taking into account the needs and aspirations of
the staff members, while seeking to ensure the broadest possible diversification of the Secretariat.  In
keeping with the international character of the Secretariat, provision shall be made for a benefit
package for internationally recruited staff serving outside their home countries.
4. Against the background of the above considerations, the following principles would govern
the proposed WTO compensation plan, taken in the order in which they appear in the texts of the draft
Staff Regulations, Staff Rules and Pension Plan Regulations.WT/GC/W/102
Page 93
(a) Recruitment policy
5. The recruitment policy shall be based on the principle of equal opportunity for all, regardless
of gender, nationality, race or religion, with the objective of ensuring the broadest possible
diversification of the Secretariat.
6. Recruitment shall be on a competitive basis, except where not practicable.  Without prejudice
to external recruitment, the fullest regard shall be  given to the merit, qualifications and experience of
serving staff members.
(b) Contract policy
7. The contract policy shall be such as to offer staff members employment prospects consistent
with the requirements of the WTO and to ensure the appropriate balance between continuity and
renewal.  Continued employment of staff members would depend on the continued need for their post,
continued fulfilment of their duties and obligations and continuous satisfactory performance.  All
initial contracts would be for a probationary, fixed term, and staff members would normally be
considered for a regular contract (with no expiration date) upon completion of five years of service.
(c) Performance evaluation
8. Staff members' performance shall be evaluated periodically in terms of the tasks performed,
their professional conduct, the fulfilment of their goals and objectives and their potential to assumeother responsibilities.
(d) Salaries, benefits and post classification
9. The pay policy shall be such as to permit the WT O to attract and retain staff of the requisite
calibre.
10. Salaries, which shall be on a single scale covering all levels of functions, shall be adjusted
annually according to the movement of the Swiss consumer price index in order to preserve their
purchasing power.  The adjustments shall, however, reflect only the extent to which the purchasing
power of selected national civil service salaries has been maintained, and shall, in any case, not
exceed, on a cumulative basis, the movement of the Swiss CPI. The scale and method of adjustment
should be reviewed every five years, taking into account all relevant factors and bearing in mind the
General Council's decision (WT/L/269) of 24 April 1998.
11. Posts shall be classified according to their purpose, function and scope and level of
responsibility, in order to ensure equitable pay levels, in accordance with the principle of equal payfor work of equal value.
12. Performance-related pay programmes shall be introduced in order to reward staff members
according to their performance and achievements.
13. The compensation plan shall also include provisions for dependency allowances, annual
leave, special leave and a normal working week.
(e) Career development
14. Career development policies shall be instituted to ensure the most effective allocation of
human resources and to offer equal opportunities to all staff members.WT/GC/W/102
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(f) Social security
15. The WTO shall provide for coverage of medical expenses for staff members and their
families as well as sick leave, maternity leave, parental leave and compensation for service-incurred
risks.
16. The WTO shall establish a pension plan to provide disability, retirement, death and related
benefits for staff members and their survivors.  The pension plan shall have the following main
features:
- of the defined benefit type, with benefits expressed as a function of final reference
salary and length of pensionable service and subject to cost-of-living adjustment;
- both benefit-variable and contribution-variable in the event of an actuarial deficit,
subject to the protection of rights acquired in respect of prior contributory service;
- subject to overall control by a Management Board consisting of equal numbers of
representatives of Members and of the Director-General, plus a chairman elected bythe General Council;
- subject to regular actuarial valuation by a consulting actuary reporting in the first
instance to the Management Board;
- investment policy to be determined by the Management Board on the basis of
professional advice;
- detailed annual reports and proposals for amendments to the pension plan to be
submitted by the Management Board to the General Council for approval;
- acquired benefits to be guaranteed in the event of dissolution of the WTO;- transitional provisions to be applied in respect of staff transferring from the UNJSPF
to the proposed plan.
(g) Separation from service
17. Separation from service arises not only as a result of resignation, contract expiry, retirement
or death but also as a result of contract termination, summary dismissal or abandonment of post.  The
grounds for termination of a contract shall be unsatisfactory conduct or performance, incapacity for
further service, staff reductions or suppression of post, or by mutual agreement with a staff memberwhose departure would be desirable in view of evol ving operational needs.  In cases of termination of
contract, notice shall be given, and termination indemnities and separation grants shall be payable,
according to a pre-determined scale.
(h) Travel and removal expenses
18. Staff members and their eligible dependants shall be eligible for the reimbursement of travel
and removal expenses upon recruitment and separation from service.
(i) Disciplinary measures
19. Staff members whose conduct is unsatisfactory shall be subject to disciplinary measures, to be
determined in light of the gravity of the offence, in accordance with due process.WT/GC/W/102
Page 95
(j) Grievances and appeals
20. Staff members wishing to challenge an administrative decision shall have access to a
conciliation procedure, as well as to means of internal and external recourse.
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