e uropean u nion athena 2007

A T H E N A 1

EEUROPEAN UROPEAN UUNION NION ATHENAATHENA

20072007

EEUROPEAN UROPEAN UUNION NION ATHENAATHENA

20072007

Council decision 2007/384/CFSP of 14 May 2007 ( OJ 13/06/2007 L152/14 )

A T H E N A 2

Civilian Personnel PolicyCivilian Personnel Policy

What is the CPP?What is the CPP?

– draft guidelines – gone through discussion in draft guidelines – gone through discussion in the Special Committee of ATHENA;the Special Committee of ATHENA;

– mainly based on experience gained in mainly based on experience gained in operation ALTHEA;operation ALTHEA;

– ““tested” in operation EUFOR Congo;tested” in operation EUFOR Congo;

A T H E N A 3


Civilian Personnel in operationsCivilian Personnel in operations

I.I. How?How?

II.II. FrameworkFramework

A T H E N A 4


I.I. How?How?

• recruitment - direct employment, i.e. civilian staff recruitment - direct employment, i.e. civilian staff employed by ATHENA;employed by ATHENA;

• through agencies/companies – procurement procedure through agencies/companies – procurement procedure must be duly carried out (not part of this presentation);must be duly carried out (not part of this presentation);

A T H E N A 5


II.II. Framework for recruitmentFramework for recruitment

• force generation process did not provide adequate manpower – prior force generation process did not provide adequate manpower – prior approval of the Special Committee of ATHENA ;approval of the Special Committee of ATHENA ;

• proves to be economic to directly employ staff,proves to be economic to directly employ staff,

• already during preparatory phase;already during preparatory phase;

• * military capabilities – before recruiting armed guards, OpCdr must * military capabilities – before recruiting armed guards, OpCdr must obtain prior authorisation of the Special Committee of ATHENA;obtain prior authorisation of the Special Committee of ATHENA;

before starting, the appropriations available in the budget must be before starting, the appropriations available in the budget must be checked (J1&J8);checked (J1&J8);

establishment planestablishment plan to be submitted to Special Committee of ATHENA to be submitted to Special Committee of ATHENA within 3 months of the launch; within 3 months of the launch;

A T H E N A 6


Categories of personnelCategories of personnel

Three categoriesThree categories

One category working One category working within EU territorywithin EU territory::1 - Civilian personnel working in EU territory1 - Civilian personnel working in EU territory

Two categories working Two categories working outside EU territoryoutside EU territory::2 - International Civilians2 - International Civilians

3 - Local Civilian Hires3 - Local Civilian Hires

A T H E N A 7


Definition for each categoryDefinition for each category

1. Civilian personnel working in EU territory: 1. Civilian personnel working in EU territory: • selected from nationals of EU Member States and citizens selected from nationals of EU Member States and citizens

of third States participating in the operation.of third States participating in the operation.

2. International Civilians:2. International Civilians:• nationals of EU Member States and/or of a third country nationals of EU Member States and/or of a third country

participating in the operation;participating in the operation;• not permanent residents in the Host State(s).not permanent residents in the Host State(s).

3. Local Civilian Hires:3. Local Civilian Hires:• nationals of or permanently residents in thenationals of or permanently residents in the Host State(s).Host State(s).

A T H E N A 8

Examples of tasks to be performedExamples of tasks to be performed

administrative;administrative; accounting;accounting; translation;translation; interpreting;interpreting; ancillary and manual tasks.ancillary and manual tasks.

A T H E N A 9


Legislation/laws applicable to Legislation/laws applicable to employment - as suggested in the CPPemployment - as suggested in the CPP

1.1. Civilian personnel working in EU territory:Civilian personnel working in EU territory:• Laws of the EU Member State where the person will carry out Laws of the EU Member State where the person will carry out

his/her duties;his/her duties;

2.2. International Civilians:International Civilians:• TThorough rules, covering the aspects of employment horough rules, covering the aspects of employment

provided in in Part III of the CPP;provided in in Part III of the CPP;

3.3. Local Civilian Hires:Local Civilian Hires:• Labour laws of the State where they are employed – Labour laws of the State where they are employed –

inasmuch as there are such laws in force;inasmuch as there are such laws in force;

A T H E N A 10

Before starting recruitmentBefore starting recruitment

Collect informationCollect information

Decide on type of contract (fixed vs. Decide on type of contract (fixed vs. indefinite term)indefinite term)


A T H E N A 11

Collect information!Collect information!

… … from a specialised lawyer/expert, local from a specialised lawyer/expert, local authorities, embassies of EU MSs, MSs already authorities, embassies of EU MSs, MSs already

deployed in the area or other,deployed in the area or other,


A T H E N A 12


… … on on • labour legislationlabour legislation – if applied- of the state of – if applied- of the state of

employment (incl. relevant collective agreements), employment (incl. relevant collective agreements), notablynotably

provisions concerning social security,provisions concerning social security, indemnities/allowances to be paid in case of indemnities/allowances to be paid in case of

terminating employment (indefinite vs. fixed term terminating employment (indefinite vs. fixed term contract),contract),

minimum wage,minimum wage, working conditions/security at work.working conditions/security at work.

In case of doubt on the laws to be applied, advice to In case of doubt on the laws to be applied, advice to be obtained from Administrator of ATHENA;be obtained from Administrator of ATHENA;

• salariessalaries paid in the domestic labour market for paid in the domestic labour market for similar jobs;similar jobs;

A T H E N A 13


Decide on type of contract Decide on type of contract

(fixed vs. indefinite term)(fixed vs. indefinite term)

• legal possibilities/constraints,legal possibilities/constraints,• costs,costs,• term of the operation,term of the operation,• difficulties in termination.difficulties in termination.

A T H E N A 14


RecruitmentRecruitment

By whom?By whom?

How?How?

A T H E N A 15


By whom?By whom?

• employer's representative:employer's representative:

OpCdr, or the holder of a delegation (J1), OpCdr, or the holder of a delegation (J1), sub-delegation to recruit civilian sub-delegation to recruit civilian personnel;personnel;

A T H E N A 16


How?How?

• EU territoryEU territory - publishing vacancy notice;- publishing vacancy notice;• OtherOther - advertisement by all appropriate - advertisement by all appropriate

means; means;

• spontaneous “applications” from locals;spontaneous “applications” from locals; Recruitment can be considered as a way to Recruitment can be considered as a way to

assist/compensate locals.assist/compensate locals.

• possibility of creating an advisory board;possibility of creating an advisory board;

• when selecting candidates, due consideration when selecting candidates, due consideration to financial “consequences” to financial “consequences”

A T H E N A 17


Contracting – conditionsContracting – conditions

• General – meet criteria set out in vacancy notice;General – meet criteria set out in vacancy notice;

• Medical requirementsMedical requirements medical check-up medical check-up beforebefore recruitment recruitment vaccinationsvaccinations

• Security clearance (temporary/permanent ~ is a Security clearance (temporary/permanent ~ is a condition to contracting not of application; EU-condition to contracting not of application; EU-formalised procedure, for locals security check of formalised procedure, for locals security check of background, “risk evaluation”)background, “risk evaluation”)

• Financial limit – verify that employment expenditure Financial limit – verify that employment expenditure does not exceed the appropriations in force;does not exceed the appropriations in force;

A T H E N A 18


ContractsContracts

• form and language;form and language; Always in writing;Always in writing; Must be Must be thoroughly understood by

employee; Language required by applicable legislation;Language required by applicable legislation;

• minimum elements;minimum elements;• models;models;• when a MS/organisation already employs in the when a MS/organisation already employs in the

area – to resort to their contracts/conditions area – to resort to their contracts/conditions where possible;where possible;

• adaptation to concrete rules/circumstances.adaptation to concrete rules/circumstances.

A T H E N A 19


RemunerationRemuneration

• SalariesSalaries negotiablenegotiable for LCHs – determined by OpCdr - not exceeding by more than for LCHs – determined by OpCdr - not exceeding by more than

15% average salaries in the domestic market for similar jobs;15% average salaries in the domestic market for similar jobs; currency/form;currency/form;

• AllowancesAllowances those that are obligatory + few proposed in CPPthose that are obligatory + few proposed in CPP

• Severance grant Severance grant (=10% of basic monthly remuneration for each (=10% of basic monthly remuneration for each month spent in consecutive employment)month spent in consecutive employment)

• Social security – calculation of contribution by local Social security – calculation of contribution by local authority, if available (difference by categories)authority, if available (difference by categories)

• InsuranceInsurance

A T H E N A 20


Administrative obligationsAdministrative obligations

• employee’s registrar;employee’s registrar;

• pay slip;pay slip;

• work certificate;work certificate;

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e uropean u nion athena 2007

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