III.16.2 Consultants

 

• ​ Purpose
• Legal status
• Definition
• Comparison of consultant contracts and Agreement for Performance of Work (APWs)
• Comparison of consultants vs staff members
• Comparison table of different contract types
• General conditions of contract
• Obligations and rights
• Intellectual Property
• On-site and off-site consultant contracts
• Rates of payment
• Payments
• Nil remuneration consultant contract
• Duration of a consultant contract
• Outreach and selection process
• Rosters of consultants
• Family relationships
• Former staff members
• WHO/UN retirees
• Consultants over age 65
• Contracting government officials
• Stellis profile
• Pre-conditions to offer a consultant contract
• Medical Certificate of Fitness for Work  
• Declaration of Interest
• Commencement of work
• Authority to issue consultant contracts
• Performance evaluation report
• Taxes on income social contributions and other charges
• Travel, per diem, visas, medical clearances and security clearances
• Travel
• Per diem
• Visa
• Consultants based in Switzerland
• Consultants based in other Major Offices
• United Nations Certificate
• Security and security clearance
• Security evacuation
• Rest and recuperation
• Medical evacuation
• Insurance
• Termination of contract
• In case of death
• Transitional measure applicable until [31 December 2021]

Purpose

10    The purpose of this section of the WHO eManual is to set out the main elements of the policy and procedures governing the contracting of individuals as consultants. Consultants, as defined, shall be contracted under a “consultant contract” entered into by the Organization directly with each of the individuals concerned. This section does not cover the provisions for emergency consultants – please refer to section XVII.8 of the WHO eManual.

Legal status

20    Consultants are neither staff members nor officials of the Organization. Consultants shall perform the services under the contract as an independent contractor in a personal capacity and not as representatives of a government or of any other entity or authority external to the Organization. They are neither “staff members” under WHO Staff Regulations and Staff Rules nor “officials” for the purposes of the 1947 Convention on the Privileges and Immunities of the Specialized Agencies. Depending on the nature of the activities to be performed, they may, however, be accorded the status of “experts" performing missions for WHO within the meaning of Annex VII of the 1947 Convention on the Privileges and Immunities of the Specialized Agencies.

Definition

30    A consultant is an individual who is a professional, specialist, expert or recognized authority in a specific field, contracted in an advisory or consultative capacity or to deliver a piece of work, with clearly defined deliverables outlined in the Terms of Reference on a time-bound basis. A consultant must have specialized skills or knowledge, that is not readily available within WHO, and for which there is no continuing need in the Organization. A consultant shall not perform any of the existing functions or responsibilities of staff members. The work of a consultant is based on deliverables and normally involves analyzing problems, directing seminars or training courses, preparing documents / carrying out research, or writing reports on matters within their area of specialization or expertise.

40    The table below under On-site and off-site consultant contracts provides a definition of the different terms used in this section of the WHO eManual.

Comparison of consultant contracts and Agreement for Performance of Work (APWs)

50    Until further notice, APW contracts to individuals may continue to be issued. It is to be noted that APW contracts are not to be used for services for which a consultant contract is more appropriate. The individual contracted under an APW:

• is expected to deliver a piece of work (specialized or non-specialized in the areas of work defined under paragraph 60) in a time-bound manner;
• is paid an all-inclusive fixed sum or maximum amount upon delivery of the service/work;
• does not act in a consultative/expert capacity;
• does not perform work that requires close WHO technical guidance and supervision;
• does not represent WHO in meetings nor speak on behalf WHO;
• does not work on WHO premises, except for an occasional visit to WHO premises to present or discuss aspects of the work with WHO staff; and
• does not undertake travel for WHO.

60    Offering APW contracts to individuals should be limited to the following type of outsourced work:

• the translation or editing of a document/publication;
• lay-out and graphic design work; and
• purchase services of a local conference organizer for the logistics of a meeting or other event.

70    Consultant contracts and APWs must not be issued to individuals to carry out staff functions; i.e. carry out management functions, making decisions, representing WHO towards external parties, supervising staff members, performing tasks of ongoing nature.

80    The provisions applicable to WHO/UN Retirees (Information Note 17/2018) remain applicable to WHO/UN Retires contracted under APW contracts. Please refer to WHO eManual III.4.6.

Comparison of consultants vs staff members

90    Consultants are distinct from staff members in that consultants:

• do not have the status of a WHO staff member;
• their conditions of service are governed by this section of the WHO eManual;
• should not be contracted to perform duties of staff members on a temporary basis or have any representative or managerial/executive responsibility;
• deliver a piece of work (specialized or non-specialized) or provide technical advisory services/expertise within a defined period;
• are not required to work on WHO premises during normal working hours;
• do not perform managerial/administrative functions and are not involved in selections/biddings, supervision of staff or interns or other non-staff personnel, and do not take managerial decisions (financial or workforce related) – these are typical functions performed by staff members; and
• do not have access rights to WHOs internal management systems or other workflow approval applications.  

Comparison table of different contract types

General conditions of contract

100    In GSM, consultants are recorded under "procurement of services" and the contract type is consultant.

110    The conditions of the consultant contract are detailed in the document “Conditions of contract” and form an integral part of the contract.

120    A consultant may be contracted only when the following conditions are met:

• the work can be performed within a limited and specified period of time;
• deliverables are well-defined and time-bound;
• the need for the required services cannot be met from within the existing workforce of WHO as the consultant brings special skills, expertise or knowledge not normally possessed by the regular staff of the Organization and for which there is no continuing need in WHO;
• the services to be performed clearly relate to activities in the work plan of the department or office concerned and/or to a specific programming or operational decision;
• the services to be performed do not duplicate work or activities already done, being done or about to be done by other individuals, departments or offices within WHO;
• the consultant will not perform functions of staff members of the Organization (e.g., to cover absences or gaps) or have any representative or managerial/executive responsibility;
• the consultant is selected from among qualified candidates in a specific field of expertise as the most suitable person for the work, preferably from a roster of qualified candidates or based on a documented outreach effort and reasoned documented process; or
• As far as possible, every effort should be made to select consultants from the widest possible geographical base and due regard shall be paid in selection process to the need for gender balance.

130    The consultant contract is not the appropriate contract modality to provide services of a continuous and ongoing nature. If the functions are of continuous nature, required over an extended period of time, managers should discuss with their designated HR Business Partner/Regional Focal Point to identify the appropriate contract type.

140    Consultants are contracted for their expertise and qualifications. Therefore, they will not receive any training incurring an expense for the Organization. However, in certain circumstances consultants may be required to go through:

1. WHO specific workshops or briefings on a specific WHO methodology to conduct assessments;
2. on a specific WHO policy for rolling out its implementation in countries; and
3. mandatory trainings for security and standard of conduct purposes.

Obligations and rights

150    By signing a consultant contract, the consultant agrees to respect the impartiality and independence of the WHO and shall neither seek nor accept instructions regarding the work to be performed under this contract from any Government or from any authority external to WHO. To this end, a declaration of interest form is completed prior to the issuance of the contract and assessed by the hiring manager. Support and advice are available from the Ethics team in the Office of Compliance Risk Management and Ethics (CRE). During the period of the consultant’s contract, the consultant shall refrain from any conduct that may adversely reflect on WHO and shall not engage in any activity that is incompatible with the aims and objectives of the Organization. The consultant shall seek advice from WHO in case of uncertainty about whether or not an activity may be appropriate, and the activity should be disclosed. The consultant shall exercise the utmost discretion in all matters relating to the performance of work under the contract and abide by the code of ethics and professional conduct https://intranet.who.int/homes/cre/ethics/.

160    In order to protect WHO’s integrity the general conditions applicable to the consultant contract contain provisions relating to compliance with WHO’s Policies (as defined in paragraph 170). Any breach of these provisions may result in WHO immediately terminating the relevant contract and/or any other contract concluded by WHO with the consultant, and/or excluding the consultant from participating in any ongoing or future tenders and/or entering into any future contractual or collaborative relationships with WHO. Please refer to sub-section on Termination of contract  below.

170    The term “WHO Policies” means collectively: (i) the WHO Code of Ethics and Professional Conduct; (ii) the WHO Policy on Preventing and Addressing Abusive Conduct (i.e., discrimination, abuse of authority, and harassment, including sexual harassment); (iii) the WHO Policy on Sexual Exploitation and Abuse Prevention and Response; (iv) the WHO Code of Conduct for responsible Research; (v) the WHO Policy on Whistleblowing and Protection Against Retaliation; and (vi) the UN Supplier Code of Conduct, in each case, as amended from time to time and which are publicly available on the WHO website at the following links: http://www.who.int/about/finances-accountability/procurement/en/ for the UN Supplier Code of Conduct and at http://www.who.int/about/ethics/en/ for the other WHO Policies.

180    WHO’s Integrity Hotline provides a safe and independent mechanism for the entire WHO workforce, including consultants, to report concerns about issues involving WHO.

Intellectual Property

190   All rights in the work performed by the consultant, including ownership of the original work and copyright thereof, shall be vested in WHO, which reserves the right (a) to revise the work, (b) to use the work in a different way from that originally envisaged, or (c) not to publish or use the work.

On-site and off-site consultant contracts

200    Consultant contracts can be issued for:

• Tasks to be delivered on-site, i.e., consultant works for:
• a time-bound period on WHO premises; or
• in specific locations as decided by WHO; or
• is home based and travels on behalf of the Organization to conduct health needs assessment, workshops, data gathering, surveys, part of a WHO delegation for official visits to ministries, etc., and is considered on-site for insurance purposes only, the conditions described under paragraph 470 may then be applicable.

The unit is responsible for providing office space to the consultant. On-site consultancies do not require full time presence on premises.

• Tasks to be delivered off-site, i.e., the consultant is home based and can work in any location of their choice, but not on WHO premises and is not expected to go on duty travel as part of the consultancy.

210   Should duty travel be planned as part of the consultancy, an on-site consultant contract must be offered, for insurance purposes. Off-site consultant contracts are not covered with any insurance coverage for death, disability or medical expenses.

Rates of payment

220    The international rates for consultants are outlined in the Information Note 09/2021.

230    Expansion at the top end of the band level E will allow for very senior consultants to be recruited on an exceptional basis. The use of the rates at this level will require prior approval of Director, Human Resources and Talent Management (HRT).

240    Any exception to establish a rate in excess of the applicable rate within the Band Level Ranges (A to D) must be accompanied with a comparison and example of the fees paid in the open market for similar services. Such exceptional rates must be submitted for approval to Unit Head, HR Business Partners in headquarters or to the Regional HR Managers in the regions.

250    The international rates are determined in US dollars, for the duration of the contract. Consultants will be asked to indicate their bank account for payment. Consultant contracts will be denominated in the currency of the chosen bank account in GSM, with the express provision that WHO will use the applicable UN rate of exchange for conversion and any future exchange rate gains/losses will be absorbed by the consultant. This information must be conveyed to the consultant at the time the consultant is asked to provide a bank account for payment. The UN rate of exchange to be used will be the one applicable at the time the action is initiated in GSM – please refer to WHO eManual VI.2.1. paragragh 50.

260    The contract of consultants paid in accordance with local rates will be issued in local currency and consultants must provide a bank account in local currency. These local rates are usually established as agreed among UN agencies in the country or in relation to the National Professional Officer salary scale (gross rate), taking into account that consultants may be subject to taxation and social security contributions (see Taxes on income, social contributions and other charges below).

270    For detailed guidance on establishment of rates as well as clarifying the distinction between “international” and “local/national” rates, please refer to Annex 1 “Guidance on establishment of rates” of Information Note 09/2021 under related content/guidelines.

280    Units or departments may establish specific rates for their rosters based on open market rates, yet still falling within the Organization’s established international rates as per Information Note 09/2021 or local market rates as per paragraph 260 above for rosters of consultants working locally. These specific rates would require approval by Director HRT at headquarters or Director, Administration and Finance (DAF) in the regions, depending on the delegation of authority applicable in the region.

290    Depending on the nature of the work, units or departments can use the special rates established for editors, translators, graphic designers or other specific specialized/technical areas of work. Links to WHP freelance directory (who.int) and WHP directory of freelance graphic designers (who.int). Link to WHP’s rates for this group http://intranet.who.int/homes/whp/publishingwho/planning/developingabudget.shtml.

Payments

300    Payments for consultants can be made:

• on a monthly basis or in instalments as defined in the contract, however, the first instalment cannot exceed 25% of the total value of the contract, or
• on a fixed lump sum/amount paid upon the completion of a defined product or the deliverables.

In case advance payments are required to consultants, kindly refer to guidance included in WHO eManual X.2.1 Commitments and encumbrances, paragraph 230b.

310    The payment is made upon certification by the responsible officer that each phase of the work has been successfully completed, or upon certification of actual days worked. No payment shall be made if the consultant fails to complete the services specified in the contract to the satisfaction of WHO. If the services are carried out partially, the responsible officer makes a determination as to what amount, if any, is to be paid, based on that part of the work completed.

320    Entry of “receipts” of deliverables by the responsible office in the procurement module triggers the payment by Accounts Payable. Consultants are not required to submit invoices; however, the responsible officer has to confirm that the deliverables linked to the payment have been successfully completed by the agreed delivery date. To ensure processing of payment upon receipt, staff who create consultant contracts are reminded to verify that the supplier classification of the consultant’s supplier record in GSM is “External Consultant or contractor”. This supplier classification is set-up for Evaluated Receipt Settlement (ERS) also known as Pay-on-receipt payment processing. In case changes to the supplier classification are needed for an existing supplier record, please contact the Global Service Desk (GSD) for assistance.

330    The responsible officer must not authorize the release of the final payment before the completion of the performance evaluation form of the consultant.

340    Payment to a third party is normally not allowed and can only be exceptionally approved where operational circumstances do not allow for a payment to be made directly to a bank account bearing the same name as the supplier to whom the relevant Purchase Order is issued. For guidance on third party payments, please refer to WHO eManual X.2.1 Commitments and encumbrances, paragraph 180-190. Requests for payment to intermediate payroll agencies will not be considered for exceptional approval.

Nil remuneration consultant contract

350    As a rule, WHO does not engage individuals to carry out work without compensation. There may, however, be occasions when individuals, whose experience and professional background would allow them to make a contribution to the work of a technical programme, who could be authorized to carry out specific activities on a voluntary basis for WHO.

360    A nil-remuneration consultant is not paid any fees but, may, when applicable, receive per diem and reimbursement of agreed expenses but no other remuneration from WHO. In GSM these contracts are recorded with a one USD amount.

370    Examples where a nil-remuneration consultant contract may, on a case-by-case basis, and subject to all relevant internal approvals being granted, be offered:

1. to experienced professionals or academics on sabbatical, who are volunteering to provide their technical specialization/expertise for specific WHO programmes/activities;
2. to experts of Global Outbreak Alert and Response Network (GOARN) and Polio STOP Programme partners contracted by WHO for field deployments to support WHO’s response to emergencies/the Polio Programme;
3. exceptionally, to other experts identified to support WHO, who are employed or contracted by non-State actors, subject to due diligence and clearance by the Due Diligence and Non-State actors Unit of the Office of Compliance, Risk Management and Ethics (CRE/DAN) in respect of non-State actors;
4. exceptionally, to other experts identified to support WHO, who are employed or contracted by Governments.

In all of the above cases a – d, prior to issuing a nil-remuneration consultant contract, the individuals are required to complete a WHO Declaration of Interests (DOI) Form. Any interests declared should be assessed by the hiring manager and discussed, as appropriate, with the Ethics team in the Office of Compliance Risk Management and Ethics (CRE) who will provide advice. (See sub-sections Obligations and rights and Declaration of Interest). It is strongly recommended that hiring managers conduct background checks on the individual to be considered for a nil remuneration consultant contract, for example conduct a simple search on the internet. Detailed guidance will be made available in the near future on background checks for the workforce.

380    Examples where a nil-remuneration consultant contract cannot be offered:

• to engage young professionals who are no longer eligible for the internship programme;
• to engage young professionals who have recently completed an internship with WHO as per WHO eManual III.16.4 paragraph 370;
• to host university staff or other individuals who are in receipt of fellowships;
• to perform tasks/functions of staff members; this differs fundamentally from the criteria and principles on secondments from nongovernmental organizations, philanthropic foundations and academic institutions under the Framework of Engagement with non-State actors, (FENSA) – please refer to WHA document WHA A/70/53.

390    Pre-requisites for offering a nil-remuneration consultant contract as stated under paragraph 370 above:

1. The terms of reference (TOR) must be aligned with the technical programme’s planned activities and with the Organization’s business needs.

2. The terms of reference (TOR) must meet the definition of a consultant as per the provisions of this section of the eManual.

3. The director must ensure that WHO’s best interest is safeguarded by only engaging in such arrangements if the proposed individual possesses the educational qualifications and work experience required by WHO.

4. if they are not employed or contracted by any entity or on a sabbatical they should provide evidence that they have the financial means to sustain themselves in the work location for the duration of the consultancy assignment. Examples of documented evidence: bank statements, pay slips, attestation from employer, etc.

5. During the term of the contract, the consultant should undertake work for WHO only (cannot be working for other entities during that period), taking only the interest of WHO in their work into account, including in all activities outlined in the contract, and not take any instructions from or continue to perform work for their employer.

6. If the consultant will remain on the payroll of an entity that employs or contracts them (hereinafter referred to as the “employer”), before any arrangements are made, the hiring unit should ensure that:

1. the terms of reference of the consultancy do not create a conflict of interest for WHO’s work. For example, the terms of reference should not require the consultant to manage/support activities financed or involving the employer;

2. the prospective consultant provides written confirmation from their employer that it agrees to release the individual to WHO for the duration of the consultancy assignment and that there are no conflicts between the employer/employee relationship and the general conditions applicable to WHO’s consultant contract; this includes (but is not limited to) provisions relating to independence and impartiality, compliance with WHO’s codes and policies, confidentiality, title rights, responsibility, insurance and social security and taxation;

3. if the employer is a non-state actor, full details of the proposed engagement (with all necessary supporting documents as per paragraph 39 of the Framework of engagement with non-State actors -FENSA) are submitted to the Due Diligence & Non-State Actors (DAN) Unit within the Department of Compliance, Risk Management and Ethics (CRE) for review and assessment in accordance with the requirements of FENSA.

7. The value of the consultancy should be recorded in WHO’s books of account as an in-kind/in-service contribution. Please refer to FIN.SOP.IV.013 In-Kind and In-Service Awards for guidance on how to record the value of the consultancy.

400    Nil-remuneration consultant contracts follow the same contractual conditions as paid consultant contracts and are subject to the HR framework and principles of competitive selection and contracting.

410    Nil-remunerated consultants can be contracted for a maximum period of six (6) months (single contracts or cumulative contracts). Technical programmes may request an extension for a longer duration of up to a maximum of eleven (11) months by providing a documented justification. Such requests will require approval of Director HRT at headquarters or DAF in the Regions. This limitation does not apply to nil-remuneration consultants contracted by the Health Emergencies Programme and Polio department for field deployments under the Polio STOP Programme and GOARN.

420    Nil-remunerated consultants cannot be offered remunerated consultant contracts without going through a full competitive process.

430    Please refer to the “Guidance Note on nil-remuneration consultant contracts” for the administrative and approval process.

Duration of a consultant contract

440    An on-site remunerated consultant cannot be contracted for more than eleven (11) months (single contract or cumulative contracts) within a 12-month period.

450    On-site remunerated consultants can be contracted for maximum 22 months (single or cumulative contracts) within a 24 months period for the same tasks as described in the Terms of Reference (TOR), within the same workplan and/or project.

460    These maximum periods, 11 or 22 months respectively, apply to the duration of contract(s) offered, regardless of the work schedule.

470    The above-mentioned maximum 22 months duration of consultant contracts over 24 months period does not apply to off-site consultants and on-site consultants for insurance purposes only, on the condition that:

• the consultant has always worked off-site from another location and is not required to work in a WHO office, i.e., has not been requested by the Organization to relocate to perform the work on WHO premises;
• the terms of reference are compliant with the WHO eManual provisions and are not of an ongoing nature and are not overlapping with staff work;
• the consultant does not have an established regular work-schedule; and
• the consultant is paid a fee based on specific deliverables; and
• a single contract or cumulative contracts within a 12 month period do not exceed eleven (11) months.

480    An on-site consultant who has completed the full 22 months contract of work over a 24 months period cannot be offered a new consultant contract with the same department/office. If a different department/office selects the consultant for a new assignment the contract cannot start before three months have elapsed after the end date of the last consultant contract. There will be no waivers to any of the elements in this paragraph and departments/offices should plan accordingly.

490    Within the 11-month period referenced at paragraph 44 above, a consultant may hold more than one consultant contract with WHO. However, a consultant cannot hold different types of contracts concurrently with WHO (for example, an SSA or staff contract or APW at the same time as a consultant contract). Consultants will be required to disclose any contract(s) they are currently holding, including with WHO, prior to signing any new consultant contract.

500    The maximum duration of a nil-remuneration consultant contract is 6 months. Please refer to paragraph 410 for further details.  

Outreach and selection process

510    The selection process for consultants is delegated to the technical department and offices requesting the consultancy (see Guidance on conducting a selection process for consultants). Every effort shall be made to select consultants from the widest possible geographical base and due regard shall be paid to the need for gender balance.

520    An outreach or competitive selection process is not required for any contract or series of cumulative contracts with the same terms of reference, which is issued by the same technical unit for up to three (3) months, regardless of the work schedule.

530    If the work is foreseen for a period exceeding (3) months, the outreach efforts and selection process must be undertaken from the start and no contract as per paragraph 520 above should be offered. Outreach efforts and selection process must be undertaken for any contract or series of cumulative contracts exceeding three (3) months and documented in the consultant selection report, if the consultant is not selected from an HR approved roster. Guidance on how to conduct a selection process is available under related content.

540    A consultant selection report must be completed for all consultant contracts, regardless of duration, describing the search and competitive selection process (if applicable); a comparison of the candidates considered; and a description of the reasons the selected consultant was chosen. When the payment to be made to the consultant is in excess of the Pay Band Ranges, the selection report must include a comparison and examples of fees paid in the open market for similar services and be cleared and signed by the Director, HRT or DAF in the regions, depending on the delegation of authority applicable in the region.

550    The consultant selection report together with the ToRs, and a copy of the approval of the Director HRT or DAF in the regions, depending on the delegation of authority applicable in the region, shall be signed and approved by the hiring manager and approving officer, and uploaded in GSM under managed attachments.

560    A competitive selection process is valid for a maximum period of 22 months provided that the terms of reference remain within the same scope of work and the rate of the consultant’s pay remains unchanged.

Rosters of consultants

570    Departments and offices are encouraged to set up and use rosters of candidates and to share these with HRT for approval. The rosters should include up-to-date information on candidates' skills, past and present contracts, type of work performed, fees and evaluation of past work.

Family relationships

580    A consultant who has any of the following relationships to serving WHO staff members: father, mother, son, daughter, sister or brother, cannot be contracted. The spouse or recognized partner of a staff member may be contracted as a consultant, provided that (1) the work assigned is not under the oversight of the staff member to whom they are related, and (2) the staff member does not participate in the process of selection of the consultant. Under no circumstances shall a relative, including a spouse, be offered a contract for work in the same office/division/department/unit as the staff member who heads it. A consultant is obliged to declare all significant personal relationships in their DOI, either with staff members or in any entity with an interest related to the work they will undertake as a consultant of WHO; failure to do so can be grounds for cancellation of any offer or termination of the contract.

Former staff members

590    Former staff members of WHO or another United Nations common system organization may be contracted as consultants. The fees payable to a former staff member contracted under a consultant contract should be based on the nature and complexity of the work to be performed and not on the level of remuneration received prior to separation.

600    The following provisions apply to contract a former staff member:

1. If the former staff member was separated from WHO on mutually agreed terms, HR should inform the technical unit of any limitations on contracting the individual as set out in their terms of separation.
2. If the former staff member separated from WHO due to the abolition of their position or non-renewal of appointment, they can be contracted as a consultant no earlier than the date which is three months after their date of separation from WHO.
3. If the former staff member separated from WHO for any of the following reasons:
• unsatisfactory performance, including non-confirmation of the appointment at the end of the probation period;
• misconduct;
• where the former staff member resigned from WHO while under investigation; and/or pending disciplinary action until they have been cleared of the allegations of misconduct


HR should inform the technical unit.  In such cases, the individual is generally prohibited from subsequent employment or contracting by WHO. The technical unit should raise any special circumstances to the Director, HRT for consideration.

4. If the former staff member separated from WHO for medical reasons, they can be contracted only after SHW has certified that they are fit to provide the services to WHO.

WHO/UN retirees

610    Retirees of WHO or another United Nations common system organization may be contracted as consultants, provided that they meet the conditions set out in the policy on Recruitment of retirees (see section III.4.6), including the requirement that at least three (3) months must have elapsed since retirement. The fees payable to a retiree contracted on a consultant contract should be based on the nature and complexity of the work to be performed, and not on the level of remuneration received prior to separation and shall not exceed the level of remuneration received prior to separation.

Consultants over age 65

620    The contracting of consultants over the age of 65 is subject to approval from the Director, HRT, at Headquarters or in accordance with the Delegation of Authority in the respective Regional Office. This applies whether or not they are retirees of WHO or another United Nations common system organization (see above).

Contracting government officials

630    Elected government officials cannot be offered a consultant contract.

640    Individuals working for governments (national civil servants) who are not government elected representatives can be offered a consultant contract. They will be required to provide a government release letter authorizing them to take up a consultancy assignment with WHO.

Stellis profile

650     All prospective consultants are required to complete a WHO Stellis profile to be considered for a consultancy contract.

Pre-conditions to offer a consultant contract

660    A notification email is sent to all individuals who are being considered for a consultant contract to gather required documents for verification and to ensure all pre-conditions are met - see sample notification email under forms. This communication is sent upon selection or possible selection to inform the prospective consultant of all requirements that must be fulfilled, prior to any offer of contract, in line with the contents of the template.

670    All Consultants must complete the "designation, change or revocation of beneficiary" form prior to the commencement of the work.

Medical Certificate of Fitness for Work

680    Prior to the issuance of the contract and as a pre-condition, on-site consultants are required to provide a Medical Certificate of Fitness for Work duly completed and signed by them and by their attending physician. The Medical Certificate of Fitness for Work is normally considered valid for a period of one year.

690    Any fee incurred in connection with the issuance of a Medical Certificate of Fitness for Work by the attending physician will be reimbursed by WHO upon submission of relevant invoices and receipts, up to a maximum of USD 50 worldwide. Any expenses beyond this maximum amount that occur as a result of the issuance of the medical certificate shall not be covered by WHO.

Declaration of Interest

700    WHO needs to rely on a consultant's independence and objectivity in the performance of their work. Therefore, all consultants are required to complete a WHO Declaration of Interests (DOI) Form before the contract can become effective and before the work can begin. Any declared interests should be assessed by the hiring unit in accordance with the Guidelines for Declaration of Interests (WHO non-staff workforce). If the responsible officer, after meeting with the Director or Unit Head, is unable to determine which action should be taken in an individual case, the DOI responses should be reviewed with CRE.

710    A consultant may not be offered a contract until the responsible officer has signed the DOI form and confirmed that all disclosures have been reviewed and will be managed appropriately. For further guidance please refer to CRE’s intranet page DOI (non-staff workforce). The DOI form is to be filed with the technical programme for future reference.

720    It is strongly recommended that hiring managers conduct background checks on the individual to be considered for a consultant contract, for example conduct a simple search on the internet. Detailed guidance will be made available in the near future on background checks for the workforce.

Commencement of work

730    A consultant may not commence work until a contract has been duly approved and signed by both parties and its pre-conditions, in particular with respect to the DOI declaration and evaluation, and with respect to medical certificate of fitness for work (for on-site consultants), have been satisfactorily met.

Authority to issue consultant contracts

740    Managers may approve requisitions to issue consultant contracts on behalf of WHO within the parameters of their delegated authority and having satisfied themselves that the provisions in this section of the WHO eManual have been fully met. The term "manager" refers to the officer with the delegated authority to initiate and/or approve the requisition subject to any other necessary approvals or clearances as may be stipulated in this section.

750     Upon receipt of an approved requisition for procurement of consultancy services submitted through GSM, the Team Lead, BOS/SUP/GPL approves the requisition and issues the offer of a Consultant Contract with appropriate contractual attachments including the terms and conditions of the consultancy.

760    The same process applies where an amendment is needed to the approved contract.

770     As far as possible, consultant contracts should be planned and included in the workforce planning exercise. In order to issue the contracts in timely manner, hiring managers (receiving offices, Technical Unit) are requested to start the process as early as possible to ensure contracts are issued at least one month before the planned start date.

Performance evaluation report

780    The performance of a consultant shall be evaluated by the manager who initiated the contract in WHO upon completion of the work, or on a more frequent basis, as may be deemed necessary, taking into account the duration of the contract. The performance evaluation is mandatory and should always be conducted irrespective of the length of the contract.

Taxes on income, social contributions and other charges

790    The consultant is solely responsible for verifying and complying with all national, local and other legal requirements (including, without limitation, with respect to health, medical and/or life insurance coverage, taxation, social security and other matters) which are applicable to the consultant in each location in which the work under this contract is performed.

800    WHO shall have no responsibility whatsoever for any taxes, duties, social security contributions or other charges payable by the consultant. The consultant shall be solely responsible for withholding and paying any taxes, duties, social security contributions and any other charges which are applicable to the consultant in each location in which the work hereunder is performed, and the consultant shall not be entitled to any reimbursement thereof by WHO. Without limiting the foregoing, consultants working in Switzerland must register with the applicable Swiss cantonal tax authorities and social security authorities, within the prescribed timeframes and make any required related payments.

810    A statement of payments by WHO may be provided upon request by the consultant – please see guide on how to request a financial statement.

Travel, per diem, visas, and security clearances

Travel

820    When the department or office concerned determines that travel is necessary in order for a consultant to perform their work, a travel request will be raised, and travel shall be authorized as per the relevant duty travel policy (see Part VII). Tickets will be purchased by WHO. WHO will not be responsible for tickets purchased by the consultant without the express, prior authorization of WHO. Consultants authorized to travel will receive an amount for daily subsistence equivalent to per diem as per applicable policies on payment of per diem.

830    On-site consultants who travel at the request of WHO have to complete the BSAFE mandatory training.

Per diem

840    Consultants who are required to perform all or part of the work at another location than their place of residence, will receive an amount equivalent to the daily subsistence allowance, i.e. per diem as per WHO standard rates and applicable policies on payment of per diem in each major office, in addition to the consultant fee (see sections VII.6.4 and also sections VII.5 - VII.6 Non-Staff Travel). Consultants will receive an advance of the per diem applicable to the travel period unless otherwise decided by the manager issuing the contract. If the full per diem advance at the start of the contract is not deemed appropriate based on the duration of the contract, a per diem deduction should be expressly indicated in the travel request. Should any advance of the per diem paid out to the consultant not be utilised it must be returned to WHO or be recuperated from the consultant’s fee at the time of payment.

Visa

850    It is the Consultant’s responsibility to ensure that they hold the required visas and/or work permit(s) to perform work in the place(s) of assignment. The contract shall not become effective, and the Consultant shall not commence work on the contract, until the Consultant has obtained all necessary visa(s) and/or work permit(s) (if any).

860    In the event that, during the term of the contract, the Consultant is required to undertake travel (and no travel was foreseen at the time of signature of the contract), WHO shall be entitled to adjust or terminate the contract if the Consultant does not obtain the necessary visa(s).

870    As regards to reimbursement of visa costs, please refer to sections VII.6.2 and VII.5.6 of the WHO eManual.

Consultants based in Switzerland

880    Please refer to the conditions and obligations under related content for consultants based in Switzerland to ensure compliance with the host country requirements.

Consultants based in other Major Offices

890    Please check with your HR focal point the relevant information and intranet pages.

United Nations Certificate

900    A United Nations Certificate which serves as an identification document may be issued for consultants required to travel internationally at WHO's expense. An application should be submitted through the UN Travel Documents Tool. The United Nations Certificate must be returned to HRT/HR Liaison Services (HRS) at headquarters or the regional office upon completion of the work for cancellation.

Security and security clearance

910   On-site consultants are covered by security arrangements made by the United Nations Security Management System and they must be made aware of their own responsibilities to abide by security policies, guidelines and directives while holding a consultant contract with the WHO. Relevant references:

1. section VII.3 of the WHO eManual
2. UN Security Management System (UNSMS) Security Policy Manual:
1.  Chapter II: Framework of Accountability (para IV.Q and para P of the Annex);
2.  Chapter III: Applicability of the UNSMS – para 1.d explicitly indicates that consultants are covered under the UNSMS.

Security evacuation

920    On-site consultants, who travelled internationally at the request of WHO, will be eligible for security evacuation or relocation when such measures are declared necessary for international staff by the United Nations Security Management System (UNSMS). When a security evacuation is declared at the official location of the consultant, and the place of evacuation for internationally recruited staff is declared as the country of home leave, the consultant will be eligible for evacuation to the country initially travelled from under the authorized Travel Request.

930    In the event of UNSMS declare security evacuation or relocation, the travel of locally recruited on-site consultants will be covered up to the location from where recruitment took place if the recruitment included travel under an authorized Travel Request.

940    Where it is not possible to complete the consultancy assignment at the safe haven or the consultant's place of departure under the Travel Request, the consultancy may be brought to an end by WHO (see terms for termination of contract).

950    Where travel to a particular destination was paid for by WHO, any excess costs incurred by the consultant due to the security evacuation may be reimbursed by WHO upon submission of evidence of the excess costs and proof of payment as per WHO travel policy.

Rest and recuperation

960    In line with WHO eManual III.6.22, on-site consultants, who travelled internationally at the request of WHO, are eligible for rest and recuperation in those expressly designated countries where rest and recuperation (R&R) has been approved by WHO, the fees payable to a consultant should also be paid over the time of rest and recuperation in accordance with WHO standards. No R&R entitlement exists outside the contracting period. Consultant contracts shall not be extended solely for the purposes of allowing the consultant to exercise R&R.

Medical evacuation

970    On-site consultants who travelled internationally at the request of WHO may be eligible for medical evacuation in accordance with WHO standards, in case of accidents, illnesses or other life-threatening situations.

Insurance

980    As part of the consultant contract, the consultant is required to acknowledge and agree that:

1. WHO does not provide off-site consultants with any insurance coverage for death, disability or medical expenses.
2. WHO does not provide on-site consultants with insurance coverage to reimburse medical expenses for non-emergency* illness.
3. If the consultant works in Switzerland, then they must obtain health insurance (including accident cover) with a Swiss health insurance provider recognized by the Swiss authorities, within the prescribed timeframe; and
4. The consultant is solely responsible for obtaining and maintaining, at the consultant’s sole expense, any health, medical, life and/or other insurance coverage, under any relevant national, institutional or private insurance schemes, which is required pursuant to any laws, rules or regulations applicable to the consultant and/or the work in all locations in which the consultant shall undertake the work on behalf of WHO.

990    The following provisions apply only with respect to on-site consultants (as designated by WHO):

1. Subject to and without prejudicing or altering the provisions of paragraphs 980 and 1030 hereof, and on condition that an on-site consultant has provided WHO with a duly completed and signed Medical Certificate of Fitness for Work, the on-site consultant will be covered under WHO’s Non-Staff Insurance Policy, subject to the limits and conditions contained in such policy.  Such insurance policy will provide: (i) lump sum compensation in case of death due to accident or of disability due to accident or illness, in each case, sustained during the contract period and (ii) reimbursement of medical expenses incurred during the contract period in case of accident or emergency* illness.
2. A description of the coverage pursuant to the aforementioned insurance policy and an information booklet containing additional information, including with regard to the procedure for submission and reimbursement of claims, are available on the insurance company’s website (currently Cigna International Health Services: https://www.cignahealthbenefits.com/en. Under ‘Plan members’ the standard reference number 378/WHCPVE should be entered and on the next screen the standard date of birth 31/01/1977).
3. This above-mentioned insurance policy does not include coverage for non-emergency* illness. The consultant should obtain and maintain adequate coverage under their national, institutional or private health insurance scheme to ensure full coverage is in place, and to meet any local requirements as described in paragraph 980 above.
4. Subject to and without prejudicing the other provisions of this Insurance section, on-site consultants may purchase, directly from the insurance provider used by WHO, insurance coverage for compensation in case of death due to illness and for reimbursement of medical expenses incurred during the contract period, in case of non-emergency* illness. If a consultant opts to purchase such insurance, they must contact the insurance company directly and pay the applicable premiums for the whole contract period prior to the start date of the contract. All arrangements, payments, claims and interactions relating to such insurance coverage shall be between the insurance company and the consultant, without the involvement or liability of WHO. Further information concerning the above-mentioned insurance is available on the insurance company’s website (currently Cigna International Health Services: https://www.cignahealthbenefits.com/en. Under ‘Plan members’ the standard reference number 378/WHCPVE should be entered and on the next screen the standard date of birth 31/01/1977).

1000    WHO assumes no responsibility for non-payment by any insurance provider of all or part of any claim submitted by a consultant. Insurance claims must be submitted by the consultant directly to the insurance provider, which will review and process the claim without the involvement of WHO.

1010    Any insurance coverage provided to the consultant by WHO will cease upon the expiration or early termination of the consultant contract.

1020    WHO assumes no responsibility or liability with regard to any expenses which may be incurred by the consultant: (i) in connection with any accident or illness sustained by the consultant at any time during the term of their assignment with WHO including any expenses exceeding the amount of the insurance coverage referred to in this section; (ii) or as a result of any failure on the part of the consultant to ensure that they have adequate insurance coverage for non-emergency* illness during the contract period.

1030    Except as explicitly provided under this section, consultants are not entitled to obtain from WHO any other insurance coverage, benefits and/or allowances.

*Note:” Emergency” (as used herein) means a life-threatening situation or situation where the patient must start treatment within 48 hours and for whom travel is not possible for medical reasons.

For additional information regarding insurance coverage offered by WHO to on-site consultants please refer to: https://intranet.who.int/homes/irm/nonstaffins/.

Termination of contract

1040    WHO may terminate a consultant contract under any of the following three (3) circumstances:

1. In case WHO or the consultant is unable to perform the contract (or the work thereunder) due to illness or force majeure, provided that WHO must give the consultant 2 weeks’ prior written notice of such termination; or
2. If the consultant fails to satisfactorily perform the work (as determined by WHO), then WHO may grant the consultant an additional period in which to complete the work (without any additional compensation) or terminate the contract, provided that WHO must give the consultant 2 weeks prior written notice of such termination; or
   
3. If the consultant engages in any misconduct or otherwise breaches any of the terms of the consultant contract, see paragraph 160 above, including failure to disclose an interest on the DOI form or to inform WHO of a new interest, with such termination having immediate effect following WHO’s written notice thereof to the consultant.

1050    In the event the consultant contract is terminated pursuant to paragraph 1040 (a) or paragraph 1070, then the consultant will be entitled to receive only an equitable amount (determined by WHO) corresponding to the portion of the work which the consultant has completed, to WHO’s satisfaction, as of termination date. Such amount will constitute full and final compensation for all work carried out by the consultant under the contract.

1060    In the event the consultant contract is terminated pursuant to paragraphs 1040 (b) or 1040 (c) above, then the consultant will not be entitled to receive any payment unless WHO determines otherwise in its discretion. In case of the latter, the consultant will only receive an equitable amount (determined by WHO) corresponding to the portion of the work which the consultant has completed, to WHO’s satisfaction, as of termination date. Such amount, if any, shall constitute full and final compensation for all work carried out by the consultant under the contract. In the event that the consultant contract is terminated pursuant to paragraph 1040 (c) above, HRT shall record the grounds for the termination into the Human Resources personnel file and a candidate alert shall be inserted into the electronic recruitment system which will prevent the consultant from being considered for any future employment with the Organization. This also applies when the allegations were confirmed after the consultancy was completed or terminated (paragraphs 1040 a,b and 1070) and would have warranted termination pursuant to paragraph 1040 (c). 

1070    A consultant and WHO may agree upon an early termination of the consultant contract. In such case, the conditions of termination and effective date of termination must be agreed between WHO and the consultant.

1080    In case of early termination of the contract, the process should be fully documented. Termination must be made in accordance with terms of the consultant contract agreed between WHO and the consultant, which terms must be reviewed carefully before termination is initiated. If necessary, HRT/HR Policy Coordination and Internal Justice (HPJ) should be consulted.

1090   In the event, a consultant contract is terminated and therefore has to be cancelled in GSM, a written request to that effect should be sent to Procurement in the Global Service Centre (GSC/GPL) and the requesting unit should follow, as early as possible, the appropriate process in the GSM, please refer to the Guidance Note: Procurement of Services available under section VI.2.3 of the WHO eManual for the details on the steps to be taken.

In case of death

1100    When a consultant dies whilst holding a valid contract with the Organization, the full information should be sent to either the HR Business Partner at Headquarters or the Regional HR Manager, as appropriate.

1110    The designation of beneficiary form will be used to transfer the balance of payments owed to the deceased consultant and any insurance claims arising from accidental death, if applicable, to the designated beneficiaries.

1120    In the absence of a designation of beneficiary form the payments will be released to the deceased’s estate.

1130    If the deceased on-site consultant travelled at the request of WHO, the Organization will organize and cover the cost of transporting the body back home.

Transitional measure applicable until [31 December 2021]

1140    As a transitional measure and subject to the provisions set out in this section of the WHO eManual, consultants currently under contract at the time of issuance of Information Note 17/2021, and who have already held on-site contracts for a cumulative period of more than two years, may be issued a final consultant contract for up to an additional period of 11 months subject to obtaining an exceptional waiver from Director HRT at headquarters, or DAF in the regions, depending on the delegation of authority applicable in the regions, prior to issuance of any new contract.