10 The purpose of these provisions is to establish the revised policies and procedures applicable to persons who are engaged by the Organization under a special services agreement (hereinafter "SSA"). The revisions that have been introduced have been made in the interest of greater clarity as well as to reflect the requirements of the online system.
20 The SSA (see
Annex 16.C for model agreement) is a contract between the Organization and a national or resident of a host country for use of their services for either long or short assignments on a specific national project or activity.
30 A SSA should only be concluded when the government of the host country is not able to second national civil servants or undertake the direct recruitment of national project personnel under a reimbursable loan agreement, or when it is considered essential to have a direct national, as opposed to an international, input. A SSA may be concluded for services of a technical or administrative support nature.
40 The persons with whom a SSA is concluded (hereinafter "SSA holder(s)") do not have the status of WHO staff members and are not covered by the WHO Staff Regulations and Staff Rules. They shall not participate in the United Nations Joint Staff Pension Fund. The rights and obligations of SSA holders are strictly limited by the terms and conditions of the SSA to which they are signatories.
50 There are two situations where a SSA may be concluded:
(i) When the services of a national or resident of the host country are to be made available by WHO directly to the host government; or
(ii) When in the circumstances described in the definition section of these provisions the services of nationals or residents of the host country are hired under a SSA for a government project.
60 In both situations there should be a formal of agreement between WHO and the host government to determine the terms and conditions of the assignment. This may be a simple exchange of letters or a more elaborate project document containing the following standard provisions:
(i) The Government agrees to the recruitment of individuals under a SSA required for the implementation of the project in accordance with established WHO policies and procedures for this purpose. These services constitute an addition to the regular resources of the Government and will be available only for the duration of WHO's participation in the project. Thus, WHO's resources will be used to finance individuals performing services under a SSA as an alternative to internationally-recruited professional staff.
(ii) The Government recognizes that the SSA holder shall be exclusively responsible to WHO with respect to the performance of their duties in the project and that they may not receive instructions concerning such performance from any authority external to WHO.
(iii) The Government agrees to treat the SSA holder as an official(s) of WHO for the purpose of the application of Section 19(a) of the 1947 Convention on the Privileges and Immunities of the Specialized Agencies.
(iv) The Government agrees to accord them also inviolability for all papers and documents connected with their duties and, for the purpose of their communication with WHO, the right to receive papers and correspondence by courier or in sealed bags.
70 Persons being considered for employment under a SSA should meet the highest standards of competence and integrity.
80 Prior to the conclusion of the SSA, the Regional Office/Country Office should ensure that the person considered has obtained Government clearance/release, if necessary.
90 SSAs must be cleared in draft by Budget/Finance unit in country offices, as applicable.
100 Effective from 1 August 2017, prior to the issuance of the letter of agreement and as a pre-condition, SSA holders (special provisions apply to Security Guards and Drivers– See below) 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.
110 SSA holders who are appointed for more than 6 months or have a cumulative duration of 6 months of service over a period of one year (starting from the first day of the initial contract), are requested to undergo, with a physician designated by WHO in the country of Residence or with the Regional Staff Physician (RSP), a full physical examination and carry out various tests in line with form
SHW1.
120 Prospective SSA holders for Security Guards or Drivers functions are required to undergo, with a physician designated by WHO in the country of Residence or with the Regional Staff Physician, a full physical examination and carry out various tests in line with form SHW1. Such medical examination is a pre-condition for the e SSA and shall be carried out before the issuance of the contract.
130 The object of this examination is to determine that the prospective SSA holder is fit for duty. Without such determination the prospective SSA holder will be disqualified for employment by WHO before finalizing their contract.
140 The Organization makes arrangements with a designated physician in the country of residence of the prospective SSA holder to give a full physical examination and also to carry out various tests in line with form
SHW1, which will be used by the physician in carrying out the examination and are also used by the physician to notify RSPs of its results, in view of the delegation of authority granted by Staff Health and Wellbeing (SHW) in the Regions.
150 On receiving the report of the physician, the RSP determines whether the prospective SSA holder standard of fitness is acceptable for service with the Organization and records their recommendation in the SHW on-line system and provides the medical clearance to the hiring unit/HR Officer as appropriate in the region/country office.
160 Although only one medical examination giving satisfactory results is required before a letter of agreement may be issued, the Regional staff physician may request a further examination if he decides it is necessary.
170 Reimbursement of the related costs in connection with the Medical Certificate of Fitness for Work, up to a maximum of USD 50, will be made to the SSA holder on receiptof a WHO 737.1- Payment Request for Medical Certificate of Fitness for Work. A maximum of USD 350 for the form
SHW1 & SHW 16 for all regions, except Europe where the maximum limit is USD400, and the USA and Japan where the maximum limit is USD450 as set out in WHO 737 – Reimbursement Medical Examination-SHW1&16. Reimbursement will be authorized and submitted by the Regional Budget and Finance or Administrative focal point in the regional or country office as appropriate.
180 When drafting a SSA the main principle to be borne in mind is that the remuneration, allowances and other conditions of service of SSA holders should reflect the best applicable practices of the country concerned. They are not intended to replicate in any way the conditions of service of internationally-recruited staff.
Terms of Reference
190 The terms of reference (ToR) (see the model agreement in
III.20 Annex 16C, Article 1) should define clearly the tasks to be performed, identifying those elements that require national expertise or knowledge and that represent a national input into the activity in question. If a report is expected, this should be stated. The officer to whom the signatory will report (e.g. team leader, WHO representative) should be specified. The ToR should be signed by a clearly identified supervisor.
Duration of the Agreement
200 The duration of the agreement (see
III.20 Annex 16.C, Article 2) should not exceed one year but it may be renewed for further maximum periods of one year at a time. Any decision not to renew the last of successive one-year agreements should be notified to the SSA holder at least two months before the expiration of that agreement. If only part-time employment is envisaged, this must be clearly stated.
210 The remuneration of WHO financed SSA holders will be determined in consultation with the Government, and in line with the practices of the UN agencies in the same country and should, at all times, be at the best prevailing rates for comparable functions in the country. It is normally expressed as a single all inclusive annual amount, which may incorporate an element representing a children's or spouse allowance, if these are provided for in national legislation or are paid by external local employers. Should SSA holders have continuing pension fund, and/or life insurance commitments, WHO may meet the cost of their contributions to these commitments for the duration of the agreement up to the maxima applicable locally. Total remuneration should not exceed that applicable to the local salary scale established by the United Nations system.
220 Regional Offices will send to Director, HRT the SSA fee scales, and any revisions thereto, applicable at each duty station for reflection and implementation in the online system.
230 Remuneration is normally expressed and paid monthly in local currency.
240 The cost of authorized official travel and related expenses will be borne by WHO up to its normal standards. Since contractors are not staff members within the meaning of the WHO Staff Regulations and Staff Rules, they cannot be issued with a laissez-passer.
250 A UN certificate may be issued for the SSA holder for all authorized travel to another country.
260 SSA holders are not entitled to evacuation from the duty station for either security or medical reasons.
Accident and Illness insurance
270 All SSA holders are covered by a commercial group accident and illness insurance policy (see
Annex 16.D). This policy provides compensation for accidental permanent disablement (total or partial), for accidental death, as well as coverage of medical expenses incurred by an illness or an accident irrespective of whether or not an accident or illness is service-incurred. Medical expenses for pre-existing conditions are however not covered under the policy. A copy of extracts from this policy must be attached to each agreement.
280 The premium for accident and illness insurance for SSA contracts, with effect from 1 January 2001, is 3.36% of remuneration excluding war risk or 3.66% including war risk for coverage up to a maximum of US$ 10,000, and 3.82% of remuneration excluding war risk or 4.40% including war risk for coverage up to a maximum of US$ 50,000. The premium is paid in its entirety by the Organization, the amount being charged to the PTAEO to which the agreement is charged. For periods of coverage of less than one year, the premium per day of coverage is 1/365th of the annual amount.
290 At the beginning of the SSA contract the initiating office contacts the Regional Budget and Finance Officer (RBFO) to ensure that a journal voucher is prepared covering the full period of the contract. The total of the collected premiums are transferred to Accounts at headquarters once a month with each individual's name listed on the transfer voucher. A copy of the transfer voucher and a list giving, for each individual, the full name, full period of contract, working capacity, fee amount, location and amount of premium collected, must also be sent to Head, Staff Insurance and Pension at headquarters.
295 The Post Occupancy Charge (POC) is applicable to SSA salary costs – please refer to section
XII.9.1 for further details on POC. The POC charge for SSAs is accounted on a quarterly basis by charging the SSA PTAEOs and transferring the balance to the POC fund.
300 Benefits due from the insurance company for medical bills may be advanced to the contractor by the Organization, if the entitlement has been established, pending settlement when payment is received from the insurance company.
310 In case of the insured's death, the benefit is paid to the beneficiary designated by the insured.
320 In case of an accident or illness likely to result in a claim, and particularly of death or disablement through an accident, the insurance company must be notified as soon as possible on exactly the same basis as described in
III.7.3 Claims Procedure, but not later than within three months of the event, the report being made in the first instance by the supervisor of the insured person to the regional personnel officer.
330 Claims for the reimbursement of medical expenses should be sent at the end of the treatment, with the approval of the Regional Staff Physician to Head, Staff Insurance at headquarters through the RBFO. Supporting bills must be attached accompanied by proof of payment. The full name and address of the claimant's bank and the bank account number must be provided. Claims for medical expenses must be received within three months of the end of treatment and the number of the journal voucher, by which the premium was transferred, must be indicated.
340 The RBFO should complete the claims as follows before forwarding them to Head, Staff Insurance:
(i) for all claims, add the number of the inter-office voucher and the date when the insurance contributions were transferred to Head, Staff Insurance at headquarters;
(ii) for claims related to an illness the advice of the Regional Staff Physician in the respective regions should be sought in case of expenditures that might be linked with a pre-existing condition.
350 A list of all new SSA holders of special service agreements must be sent not later than the fifth of each month by the Regional Personnel Officer to Head, Staff Insurance at headquarters, in order that these persons may be covered by the insurance policy. The list should include: the full name, the full period of the contract, capacity in which the person is working, fee amount, and location. Only those persons whose names appear on the list received by headquarters within the time-limit mentioned above will, in case of accident, be eligible for benefit under the insurance policy.
Third party liability
360 When SSA holders are hired to perform, under direct WHO supervision, duties that could involve a risk of serious damage or injury to third parties, WHO must ensure that they are adequately insured against such eventualities, failing which WHO will have to accept responsibility for them.
370 When a SSA holder's services are hired to perform those duties under the direct supervision of the government, specific reference to third party liability should be made in the exchange of letters mentioned in the contractual status section of these provisions. The wording of Article 6 of the model agreement may be used in this regard. If this is not possible, equivalent wording may be used to reflect the government's agreement to accept such liability.
380 Annual, sick and maternity leave provisions (III.20 Annex 16.C, Article 4) should be the same as those applicable to government civil servants associated with the project or other activity. All annual leave must normally be taken within the period of the agreement. Only 50% of unused annual leave is commutable to cash payment.
390 The following notice periods would be appropriate should either party wish to rescind the agreement (III.20 Annex 16.C, Article 7):
(i) for agreements of less than six months, up to 15 calendar days;
(ii) for agreements of six months to one year, 30 calendar days.
400 In exceptional circumstances such as, but not limited to, cessation of all or part of the project or other activity, or for health reasons when WHO is forced to rescind the agreement, ad hoc compensation over the limit set out in the agreement may be considered. This should not however exceed the standard WHO contractual practice whereby the minimum indemnity is six weeks', and the maximum, three months' remuneration.
410 Every effort should be made to obtain an amicable settlement to any dispute (III.20 Annex 16.C, Article 15) by referring to the WHO representative, the regional office or headquarters, as necessary.
Distribution of copies of the agreements
420 After signature, one copy of each SSA should be sent to the Global Service Centre. For UNDP-financed projects, one copy should also be given to the UNDP Resident Representative in the country in question.
430 Supervisors are responsible for ensuring that SSA holders receive all necessary information to enable them to perform their work satisfactorily. At the beginning of the agreement and following discussions, the SSA holder is provided with their terms of reference and a copy of their achievement report (III.20 Annex 16.E) for signature and placement in their personal record.
440 The achievement report is based on the terms of reference and highlights the most important tasks and indicators of success expected from the contractor. The achievement report serves as a basis for decisions concerning the suitability of the contractor for future re-hiring by the Organization.
