The provisions applicable for granting staff members a continuing appointment became obsolete on 1 January 2019 pursuant to Staff Rule 420, except for staff joining WHO on an inter-agency transfer holding such appointments, see paragraph 100. Those staff members may be considered for a continuing appointment on a case-by-case basis with particular importance being paid to the practice in the releasing Organization of reciprocally honoring such appointments upon transfer of WHO staff members to them. The continuing appointment status will be subject to successful completion of the probationary period in accordance with Staff Rule 480.1.3 and paragraph 130 below.
Other than as mentioned above, the provisions in this section are maintained only for historical reference.
Purpose
10 The present Section sets out the provisions and procedures that apply to the granting of a continuing appointment. A continuing appointment is an appointment without a specified time limit.
Legal Framework
20 The granting of a continuing appointment is governed by Staff Rule 420.2 and the provisions of this Section of the WHO e-Manual.
Eligibility
Eligible staff members
30 Staff Rule 420.2.1 sets out two categories of staff members who are eligible to be granted or considered for a continuing appointment, as follows:
30.1 If, during the fixed-term appointment held on 1 February 2013, the staff member reaches a minimum of five years of uninterrupted fixed-term, active service and has certified satisfactory performance, they shall be granted a continuing appointment (Staff Rule 420.2.1.1);
30.2 If, during the fixed-term appointment held on 1 February 2013, the staff member does not reach five years of uninterrupted fixed-term, active service (Staff Rule 420.2.1.2), the staff member shall be considered for a continuing appointment further to the criteria established by the Director-General, set out below.
Staff members who are not eligible
40 Staff Rule 420.2.2 sets out the categories of staff members who are not eligible for a continuing appointment:
40.1 Staff members specified in Staff Regulation 4.5;
40.2 Staff members on secondment to the Organization;
40.3 Staff members who did not hold a fixed-term appointment on 1 February 2013.
Continuity of Service
Uninterrupted service
50 For the purposes of the granting of a continuing appointment, the condition of uninterrupted fixed-term, active service of a minimum of five years refers to periods of employment where:
50.1 The staff member has held a fixed-term appointment for a minimum of five years;
50.2 The staff member has been in full-time or part-time pay status; and
50.3 There has not been any break or interruption in service on fixed-term appointment(s).
Broken or interrupted service
60 The service on fixed-term appointment(s) shall be considered to be broken by any period during which the staff member did not serve on a fixed-term appointment or longer type of appointment in either WHO or another organization of the United Nations common system.
70 When service has been broken, and the staff member subsequently returns to WHO, the count towards a minimum of five years of uninterrupted fixed-term, active service shall start anew upon the return to WHO.
80 The active service on fixed-term appointment(s) shall be considered interrupted by:
80.1 Employment under loan or secondment arrangements from WHO, or another organization of the United Nations common system, to a non-UN entity (e.g. a government, academic institution or private entity);
80.2 Special leave without pay for more than 30 calendar days;
80.3 Sick leave under insurance cover for more than 30 calendar days.
90 When continuity of service has been interrupted for any of the reasons in paragraph 80 above, the count shall resume as from the effective date of the staff member’s return to active service status in WHO.
Inter-organization Agreement concerning Transfer, Secondment and Loan
100 Granting of continuing appointments to staff members holding such appointments when joining WHO through inter-agency transfer will be considered on a case-by-case basis with particular importance being paid to the practice in the releasing Organization of reciprocally honoring such appointments upon transfer of WHO staff to them.
110 The uninterrupted, active service on fixed-term appointment(s) or longer types of appointment in another organization of the United Nations common system will be taken into consideration in the count towards the five-years uninterrupted, active service on a fixed-term appointment, in accordance with paragraph 30 above.
120 Staff members on a transfer from another organization of the United Nations common system are eligible to be granted, or considered for the granting of, a continuing appointment, provided that they satisfy the eligibility criteria set out in paragraphs 140 – 160 below, as applicable.
130 The effective date of conversion from a fixed-term appointment to a continuing appointment will occur at the time that all the criteria have been met, except that it will not occur earlier than the date after the probationary period has been successfully completed.
130.1 The performance evaluation report(s) of staff members on a transfer from another organization of the United Nations common system shall be requested from the releasing organization of the United Nations common system in order to ascertain whether the eligibility criteria have been met.
Criteria
Staff members subject to Staff Rule 420.2.1.1
140 Staff members must reach five years of uninterrupted fixed-term, active service during the appointment held on 1 February 2013 and have certified satisfactory performance in order to be granted a continuing appointment.
150 Staff members shall be considered to have satisfactory performance when they have two annual performance evaluation reports with at least a performance rating of “Meets Most Expectations” in the three most recent annual performance evaluation reports. As of January 2015, the equivalent rating is “Satisfactory” in the ePMDS+.
Staff members subject to Staff Rule 420.2.1.2
160 Staff members who did not reach five years of uninterrupted fixed-term, active service during the appointment held on 1 February 2013 must fulfil the following criteria no later than 31 December 2018 in order to be considered for a continuing appointment:
160.1 they must complete five years of uninterrupted fixed-term, active service;
160.2 they must have received a performance rating of “Meets All Expectations” or “Exceeds Expectations” in three of the last five annual performance evaluation reports;
160.3 they must not have a performance rating of “Falls below Expectations” in any of the last two annual performance evaluation reports;
160.4 they must not have been subject to any disciplinary measure under Staff Rule 1110 on “Disciplinary Measures” during the five years prior to their consideration for the granting of a continuing appointment.
170 Staff members who do not fulfil the criteria in paragraph 160 above by 31 December 2018 shall not be eligible for a continuing appointment. After that date, staff members will not be eligible for the granting of a continuing appointment. In addition, no request for review of the granting of a continuing appointment will be considered if submitted after 31 December 2018.
Procedures related to the granting of a continuing appointment
I. Staff members subject to Staff Rule 420.2.1.1
Notification that the staff member is eligible for a Continuing Appointment
180 The process of consideration for conversion of a fixed-term appointment to a continuing appointment will be initiated by the respective Focal point (Unit Head, HR Business Partners (HBP)/ Regional Human Resources Manager (RHRM). A letter is sent to the staff member's first-level supervisor, with a copy to the staff member and the second-level supervisor, requesting their recommendation whether the staff member's fixed-term appointment should be converted to a continuing appointment. III.20 Annex 5.A contains a sample letter.
190 The HBP/RHRM monitors the staff member’s service time and initiates the process of review for conversion to a continuing appointment normally six (6) months prior to the completion by the staff member of five (5) years of uninterrupted, active service on fixed-term appointments. The HBP/RHRM reviews the status of staff returning from loan or secondment and initiates the process if appropriate.
First-level supervisor's recommendation
200 Following appropriate discussion and consultation with the staff member and the second-level supervisor, the first-level supervisor will provide their written recommendation III.20 Annex 5.A, with a copy to the staff member, no later than one (1) month from receipt of the letter.
Process of review and consideration
210 If the staff member has at least two (2) annual performance evaluation reports with at least the rating of "Meets Most Expectations" (or “Satisfactory” in the ePMDS+) in the three (3) most recent annual performance evaluation periods, and will be reaching a minimum of five (5) years of uninterrupted, active service on fixed-term appointments:
i. the first-level supervisor will verify that the eligibility criteria has been met, including the performance standard, and, if so, will recommend that the continuing appointment be granted and return the recommendation to the HBP/RHRM; and
ii. the HBP/RHRM forwards the supervisor's recommendation to grant the continuing appointment via the HR Action Plan to HR Officer, Global Human Resources (HRO (GHR));
iii. upon receipt of the recommendation, the HRO (GHR) will inform the staff member accordingly (see III.20 Annex 5.B).
220 If the staff member does not have a minimum of two (2) annual performance evaluation reports with at least the rating of "Meets Most Expectations" (or “Satisfactory” in the ePMDS+) in the three (3) most recent annual performance evaluation periods:
(a) the first-level supervisor may recommend that consideration for a continuing appointment be deferred for up to one (1) additional year:
i. the first-level supervisor must support their recommendation with reasons, for example an indication in the mid-year annual performance evaluation report, that the staff member is performing satisfactorily during the reporting period falling within the year of consideration for a continuing appointment and is expected to receive at least a rating of "Meets Most Expectations" (or “Satisfactory” in the ePMDS+);
ii. upon receipt of the recommendation for deferral, the HRBP/RHRM will provide a copy to the staff member concerned requesting their comments within fifteen (15) calendar days of receipt;
iii. the HBP/RHRM will forward the staff member's comments, if any were received within the deadline, and the recommendation of the first-level supervisor to the second-level supervisor for review;
iv. the recommendation of the first-level supervisor must be endorsed by the second-level supervisor before being submitted to the Continuing Appointment Review Committee;
v. The recommendation for deferral will be submitted by the HBP/RHRM to the Continuing Appointment Review Committee for review and recommendation to the Director-General/Regional Director.
(b) the first-level supervisor may recommend that the continuing appointment not be granted:
i. the first-level supervisor will support their recommendation with reasons, for example an indication in performance improvement plans that the staff member has a record of poor performance, which in their view, is not likely to improve;
ii. upon receipt of the recommendation not to grant a continuing appointment, the HBP/RHRM will provide a copy to the staff member concerned requesting their comments within fifteen (15) calendar days of receipt;
iii. the HBP/RHRM will forward the staff member's comments, if any were received within the deadline, and the recommendation of the first-level supervisor to the second-level supervisor for review;
iv. the recommendation of the first-level supervisor must be endorsed by the second-level supervisor before being submitted to the Continuing Appointment Review Committee;
v. the recommendation for non-conversion to a continuing appointment will be submitted by the HBP/RHRM to the Continuing Appointment Review Committee for review and recommendation to the Director-General/Regional Director.
Recommendations regarding a Continuing Appointment
230 The HBP/RHRM will forward the recommendation of the first-level supervisor, as endorsed by the second-level supervisor, together with the comments from the staff member, as well as a copy of the three (3) most recent annual performance evaluation reports to the Continuing Appointment Review Committee.
240 The Continuing Appointment Review Committee will complete its review and forward its recommendation to the Director-General in the case of staff members serving at Headquarters or to the Regional Director in the case of staff members serving in a Regional or Country Office, within thirty (30) calendar days of receipt of the submission. The Continuing Appointment Review Committee may either:
i. recommend to the Director-General/Regional Director that the staff member's fixed-term appointment be converted to a continuing appointment; or
ii. recommend to the Director-General/Regional Director that a decision on conversion be deferred; or
iii. recommend to the Director-General/Regional Director that a continuing appointment not be granted.
250 The Continuing Appointment Review Committee must provide the reasons for its recommendation based on the available documentation.
260 In the cases of staff members at grades P6/D1 and above, the Regional Director will forward their recommendation to the Director-General for final decision.
270 The Director HRT/RHRM will inform the staff member of the decision of the Director-General/Regional Director normally within thirty (30) calendar days of receipt of the recommendation from the Continuing Appointment Review Committee, with a copy to the first-level and second-level supervisors. The staff member may request an Administrative Review of this decision in accordance with Section 12 of the Staff Rules.
280 When the process of review and consideration is not completed prior to the expiration date of the staff member's fixed-term appointment, the appointment will be administratively extended solely for the purpose of allowing time to complete the process. Such extension may only be for a duration of up to two (2) months at a time.
290 When the decision by the Director-General/Regional Director is to grant the staff member a continuing appointment, the HBP/RHRM will initiate the administrative action of granting a continuing appointment through the HR Action Plan on-line. The HRO (GHR) will implement the continuing appointment and notify the staff member that action has been taken III.20 Annex 5.B.
300 The decision to grant the continuing appointment will take effect on the later of:
300.1 the first day of the staff member’s sixth year of uninterrupted fixed-term, active service; or
300.2 the first day after it has been decided to grant the continuing appointment.
310 Should the Director-General/Regional Director decide to defer consideration for conversion to a continuing appointment, the staff member may continue to be employed by the Organization, subject to the Staff Rules and the provisions of the WHO eManual, including WHO eManual III.5.12.
320 The HBP/RHRM will initiate the relevant administrative action to either extend the fixed-term appointment, or separate the staff member pursuant to Section 10 of the Staff Rules and WHO eManual III.5.12. The HRO (GHR) will notify the staff member of the action that has been taken.
330 Should the staff member remain employed on a fixed-term appointment with the Organization, the process of review for consideration for a continuing appointment will be re-initiated by the HBP/RHRM normally six months prior to the staff member having completed six years of uninterrupted, active service on a fixed-term appointment.
340 When the Director-General/Regional Director decides not to grant the staff member a continuing appointment, the HBP/RHRM will initiate the relevant administrative action.
350 The staff member may continue to be employed by the Organization, subject to the Staff Rules and the provisions of the WHO eManual, including WHO eManual III.5.12; or
350.1 the staff member may be separated from service upon completion of their appointment or upon termination of their appointment if warranted, subject to Section 10 of the Staff Rules and the provisions of the WHO eManual, including WHO eManual III.5.12.
360 In the case of the abolition of the staff member’s post, the staff member may be eligible to participate in the reassignment process, subject to Staff Rule 1050.2.2.
370 III.20 Annex 5.C contains a sample of a letter from the Director HRT/RHRM to the staff member informing the staff member of the decision of the Director-General/Regional Director either to convert their fixed-term appointment to continuing appointment, defer consideration for conversion to a continuing appointment, or not to grant conversion to a continuing appointment.
Role
380 Continuing Appointment Review Committees will be established at Headquarters and Regional Offices.
390 The Headquarters Continuing Appointment Review Committee is an advisory body to the Director-General. The Regional Continuing Appointment Review Committee is an advisory body to the respective Regional Director.
400 The role of the Headquarters/Regional Continuing Appointment Review Committee is to review all recommendations for deferral of conversion to, or non-conversion to, a continuing appointment.
Selection and composition
410 Headquarters/Regional Continuing Appointment Review Committees will be composed of six (6) members, three (3) members appointed by the Director-General/Regional Director and three (3) members nominated by the concerned Staff Association (Headquarters or Regional Staff Association) and appointed by the Director-General/Regional Director. The members of the Headquarters/Regional Continuing Appointment Review Committees are to be WHO staff members holding either continuing appointments or fixed-term appointments.
420 Members of the Continuing Appointment Review Committees are appointed by the Director-General/Regional Director on the basis of recommendations made by the Assistant Director General (ADG)/Business Operations Division (BOS) or Director of Administration and Finance (DAF). Such recommendations are made in consultation with the Headquarters/Regional Staff Association after considering lists of names proposed by the Headquarters/Regional Staff Association. A Chair and Alternate Chair will be appointed by the Director-General/Regional Director after consultation with the Headquarters/Regional Staff Associations.
430 Once selected, the members of the Headquarters/Regional Continuing Appointment Review Committee will act in their individual capacity and do not represent any office outside the Committee.
440 In selecting members, consideration to the following items shall be given to the extent possible:
i. WHO experience (staff members with at least three (3) or more years of experience in WHO);
ii. regional and/or headquarters experience;
iii. capacity for team work;
iv. ability to fulfill the role of the Committee;
v. balanced distribution between men and women;
vi. balanced distribution between various occupational groups;
vii. demonstrated sense of objectivity, sound judgment, integrity and discretion; and
viii. managerial and/or supervisory experience.
Term of office
450 The members of the Headquarters/Regional Continuing Appointment Review Committee will be appointed for a two-year period.
460 Should a member be unable to complete their term of office, the Director-General/Regional Director may appoint a new member in consultation with the concerned (Headquarters/Regional) Staff Association for the period remaining in the term of office of the member being replaced.
470 No staff member may be appointed to the Headquarters/Regional Continuing Appointment Review Committee for more than two (2) consecutive terms.
Guiding principles
480 Committee members are required to observe the following general principles:
i. to adhere strictly to the WHO Staff Regulations, Staff Rules and WHO eManual;
ii. to respect the confidentiality of the material made available and the discussions of the Committee on both general issues and individual cases;
iii. to remain independent from external pressures, and exercise independent judgement, representing the interests of WHO as a whole;
iv. to be systematic and objective in the review of individual cases;
v. to function in an atmosphere of mutual respect while encouraging frank discussion;
vi. to work as a team endeavouring to reach, on a consensus basis, the best outcome;
vii. to declare any actual or perceived conflicts of interest, for example, current close supervisory relationships or family ties or close personal relationship with a candidate(s) for a continuing appointment and to excuse themselves where appropriate or at the request of the Chairperson.
Chair and alternate chair
490 The Chair has the responsibility of:
i. conducting each meeting;
ii. ensuring observance of established procedures;
iii. ruling on points of order; and
iv. putting questions to vote.
500 When the Chair is unable to attend a meeting or any part thereof, the Alternate Chair acts as Chair with the same responsibilities as the Chairperson.
Ex-officio member
510 Coordinator, Department of Human Resources and Talent Management (HRT), Policy Coordination and Internal Justice (HPJ) or their designated representative (in the case of the Headquarters Continuing Appointment Review Committee) or concerned DAF or their designated representative (in the case of a Regional Continuing Appointment Review Committee) serves as an ex-officio non-voting member. They provide information and advice on policies and procedures but has no vote.
Attendance and quorum
520 Members of the Committee have equal votes. Four (4) members present constitute a full Committee. However, in addition to the ex-officio member, at least three (3) members, including the Chair, constitute a quorum.
530 The same members, whenever possible, should attend the entire series of meetings dealing with the same case or subject.
540 A committee member need not withdraw or refrain from discussing and voting when cases in their office are under consideration, unless:
i. The Committee member is the first or second-level supervisor of any staff member under consideration; or
ii. The case of the Committee member is under review.
Voting
550 A majority is a simple majority of those voting members of the Committee present at the meeting, excluding the Chairperson. In the event of a tie, the Chairperson casts their vote.
Secretariat of the Headquarters/Regional Continuing Appointment Review Committee
560 Director, HRT at Headquarters and the concerned DAF in the respective Regional Offices provides a Secretariat to the Committee supported by a HR Officer HRO (HRT)/RHRM who is responsible for the administrative process as well as the preparation of minutes. An alternate HRO (HRT)/RHRM shall be designated to take on the role in case of unavailability of the responsible HRO (HRT)/RHRM.
Meetings
570 Continuing Appointment Review Committees should meet as necessary to ensure a timely review of cases and submission to the Director-General/Regional Director.
580 Meetings are convened by the Chairperson in consultation with the Committee's Secretariat.
590 The meetings of the Committee are closed. Deliberations and recommendations of the Committee are strictly confidential and must not be disclosed by the participants.
Report and recommendations
600 The Committee's Secretariat prepares the report of each meeting, addressing a particular case, including the Committee's final recommendation. The report is approved by the members.
610 The report, including the final recommendation, should be sufficiently detailed to permit the Director-General/Regional Director to make an informed decision.
620 When a recommendation is not unanimous, the diverging views will be summarized in the report.
630 The report, including a recommendation, will be transmitted for a decision to the Director-General/Regional Director.
640 The report will be kept by the Committee's Secretariat on a strictly confidential basis. It will be made available to any Committee member who is involved in the review of a case at their request. Relevant excerpts of the report will also be made available to staff members concerning their own case at their request.
II. Staff members subject to Staff Rule 420.2.1.2
650 All staff members who have completed five (5) years of uninterrupted fixed-term, active service shall be subject to at least one (1) review in order to be considered for the granting of a continuing appointment pursuant to the paragraph 160 above, and on the condition that the criteria are met before 31 December 2018.
Initial review and consideration
660 The HBP/RHRM shall:
i. initiate the review exercise;
ii. ascertain whether the staff member has fulfilled the criteria set out in paragraph 160 above before 31 December 2018, by completing and submitting WHO Form Initial Review; (III.20 Annex 5.D)
iii. provide the staff member with the results of the Initial Review (i.e., whether or not the conditions and criteria for the granting of a continuing appointment have been met);
iv. inform the first-level supervisor(s) of the staff member accordingly;
v. inform the HRO (GHR) that the continuing appointment is to be granted on the basis of the results of the review, if the outcome of the Initial Review is positive.
670 The HRO (GHR) shall process the conversion from a fixed-term appointment to a continuing appointment.
680 If the continuing appointment is granted, it shall be effective on the later of:
680.1 the first day of the first month of the staff member’s sixth year of uninterrupted fixed-term, active service; or
680.2 the first day of the first month after it has been determined that all the criteria have been fulfilled.
690 When a continuing appointment is not granted, the staff member may continue to be employed by the Organization on a fixed-term appointment, subject to Section 10 of the Staff Rules and the provisions of the WHO eManual, including WHO eManual III.5.12.
Subsequent Review(s) and consideration
700 Staff members who are not granted a continuing appointment after the Initial Review described in paragraphs 660-690 above may be re-considered for the granting of a continuing appointment following a Subsequent Review.
710 To initiate a Subsequent Review, the staff member should provide a copy of the Initial Review form, along with any additional information and supporting documentation providing evidence that all conditions and criteria have been met. The request for a Subsequent Review and consideration should be submitted to the HBP/RHRM.
710.1 No requests for a Subsequent Review will be considered if submitted after 31 December 2018.
720 The HBP/RHRM shall review the additional information provided and determine whether the staff member has fulfilled the criteria set out in paragraph 160 above before 31 December 2018. The staff member and the first-level supervisor will be provided with the results of the Subsequent Review.
730 The HRO (GHR) shall process the conversion from a fixed-term appointment to a continuing appointment when informed by the HBP/RHRM that the staff member has fulfilled all the criteria set out in paragraph 160 above.
740 If a continuing appointment is granted, it shall be effective on the first day after it has been determined that all the criteria have been fulfilled.
750 Where a continuing appointment is not granted, the staff member may continue to be employed by the Organization on a fixed-term appointment, subject to Section 10 of the Staff Rules and the provisions of the WHO eManual, including WHO eManual III.5.12.
Verification exercise
760 A staff member may also request a verification exercise to review either the Initial or a Subsequent Review. The staff member should support the request with a copy of the Initial Review form, along with any additional information, including the result of a Subsequent Review if one was conducted. Supporting documentation providing evidence that all conditions and criteria have been met should also be provided. The request for a verification exercise should be submitted to the Director, HRT, through the HBP/RHRM.
770 The Director, HRT shall:
i. ascertain whether the staff member has fulfilled the criteria set out in paragraph 160 above, before 31 December 2018;
ii. provide the staff member with the result of the verification exercise;
iii. inform the first-level supervisor of the staff member accordingly;
iv. inform the HRO (GHR) whether the continuing appointment is to be granted on the basis of the results of the verification exercise.
780 When the continuing appointment is:
780.1 granted, the HRO (GHR) shall process the conversion from a fixed-term appointment to a continuing appointment.
780.2 not granted, the staff member may continue to be employed by the Organization on a fixed-term appointment, subject to Section 10 of the Staff Rules and the provisions of the WHO eManual, including WHO eManual III.5.12.
