APRIL 2016
DRC aims to recruit and retain highly qualified professionals. The purpose of these terms is to ensure transparency of the benefits DRC offers its deployees, and that the deployees rights and obligations are understandable. Furthermore these terms are meant to ensure that DRC s employment conditions and salary terms are in line with those of humanitarian organisations in that they: live up to the requirements and interests of the donors ensure that all deployees are employed under the same set of terms. DRC is a humanitarian aid organization operating in a context, where security and funding conditions may be unstable. The deployee is informed of and accepts that the contract may be terminated by the organization in the event of force majeure and/or in the event of insufficient funding. However, any termination of a contract will always be in accordance with the periods of notice as stated in these terms. 1.1 These terms apply as of 1 April 2016. 1.2 These terms of employment apply to all deployees assigned to perform international tasks on behalf of the UN, but on condition that the deployee is working outside his/her country of origin and outside Denmark. They apply regardless of the duration of assignment, and regardless of how and by which donor the assignment is financed. 1.3 Prior to the assignment the deployee receives and signs an individual employment contract which forms part of the terms of employment. 1.4 Furthermore, the deployee receives a copy of DRC s Code of Conduct (cf. appendix 1). The Code of Conduct forms part of the terms of employment and the deployee is obliged to comply with the Code of Conduct of DRC and the receiving UN agency. Any breach of the Code of Conduct is considered a misconduct that may cause termination of the contract with or without notice depending on the gravity of the misconduct. 1.5 The deployee is obligated to observe and follow all valid UN policies, rules, and regulations. The deployee also receives and signs a UN undertaking regarding his/her function. This document forms part of the terms of employment.
1.6 If the deployment is to UNHCR, the deployee receives and signs a copy of the agency s code of conduct. The deployee further receives a copy of the Secretary- General s Bulletin ST/SGB/2003/13 on Special Measures for Protection from Sexual Exploitation and Sexual Abuse and a copy of ST/SGB/2002/9 on the Regulations Governing the Status, Basic Rights and Duties of Officials other than Secretariat Officials, and Experts on Mission. These three documents form part of the terms of employment and should be complied with at all times. 1.7 Unless otherwise stated in provisions in the individual contract of employment or in these Terms of Employment for Expatriates or unless local mandatory legislation dictates otherwise, employment with DRC is governed by applicable Danish Law in general and by the Danish Law on the Legal Relationship between Employers and Salaried Employees (The Employers' and Salaried Employees' (Legal Relationship) (Consolidation) Act) in particular. Among other things, this means that the employment is not subject to the Danish Holiday Act or the Maternity Leave Act. The entire act can be found in English via the following link: The Employers' and Salaried Employees' (Legal Relationship) (Consolidation) Act The document is a translation. In the event of discrepancies between the English translation and the Danish Act, the Danish Act applies. 1.8 All disputes arising out of or in connection with these terms of employment and associated individual contracts shall be heard and settled by the Courts of Denmark. 1.9 In the event of a contradiction between the provisions in the various regulations, the individual employment contract, these Terms of Employment for Stand-by Roster deployees the Code of Conduct, the UN undertaking and the Danish Salaried Employees Act shall apply in the order of priority specified in this section. 2.1 During the employment, the deployee shall in accordance with the valid UN policies and procedures: perform such duties and exercise such functions within his/her position as may from time to time reasonably be assigned or vested by the assigned UN manager. comply with all reasonable requests, instructions and regulations made by said UN manager and promptly provide such explanations, information and assistance as to his/her activities in the business of the UN, as are reasonable. from time to time perform his/her work at a different location and undertake missions abroad in order to fulfill his/her duties, notwithstanding that another work location is mentioned in the employment contract. The deployee reports to the UN manager. For contractual and financial matters, the deployee reports to the DRC Stand-by Roster team in Copenhagen.
keep safe any assets or documents belonging to DRC or the UN or to any of its managers or deployees. 2.2 The obligations above are essential for DRC and the UN to function as efficient and professional organisations. Failure to observe these obligations may therefore have consequences for the employment. 3.1 The deployee is assigned to a specific UN or DRC operation with a duty station outside Denmark. The deployee's duty station is specified in the individual employment contract. The deployee cannot be stationed as an expatriate in a country, where he/she has citizenship. 3.2 In the contract the deployees country of permanent residence is defined. This address is used to determine the place of repatriation (see section 9.2) and home-leave travel (see section 9.3). The deployee is obligated to inform the DRC Stand-by Roster team in Copenhagen of a change in address. 3.3 DRC will send all formal correspondence including the employment contract to the deployee s private email address. The deployee is obligated to inform the DRC Standby Roster team in Copenhagen of a change in email address. 4.1 Based on the tasks and responsibilities for the position as specified in the Terms of Reference, the deployee is placed within one of the employment categories in the appendix 2 (cf. section 7.2). The deployee will receive a copy of the appendix prior to the employment. 4.2 By signing the individual employment contract, the deployee agrees to undertake the tasks and responsibilities relevant for the position. Further specifications regarding tasks and responsibilities can be found in the terms of reference. 5.1 The deployee is employed full time (37 hours a week), but these 37 hours are only intended as a guide. Working hours are usually longer and often irregular depending on the assignment. 5.2 The nature of humanitarian work sometimes requires flexible hours and work on weekends. The deployee understands and accepts the need for this flexibility regarding working hours and commits him/herself to completion of required tasks according to project deadlines and/or within the available time.
5.3 Working hours are scheduled in accordance with the deployee s UN manager. 5.4 Any compensation for overtime and/or compensatory time off for long working hours is included in the salary. 6.1 The period of employment is specified in the deployee's individual employment contract. 6.2 The employment contract is issued on the condition that the deployee is able to obtain the necessary work/residence permit in the country of assignment. In case the visa or work permit is denied, DRC would be compelled to cancel the contract giving one month s notice, or fourteen days if the cancellation occurs during the deployee s three month probation period. 6.3 The first three months of employment are considered as a period of probation, during which either party may terminate the employment with a written notice of fourteen days. In case of termination with the short notice of fourteen days, the last day of employment must be no later than last day of the probation period. 6.4 After the end of the probationary period the employment may be terminated by either party with a notice period as specified in the Danish Salaried Employees Act, see 6.5 and 6.6. 6.5 After three months of employment the deployee may terminate the employment by giving one month s notice effective from the end of a month. The deployee shall forward his/her written notice of termination to the DRC Stand-by Roster team focal point, with DRC HR (hrexpats@drc.dk) in copy. 6.6 Upon continuous employment from three to six months DRC may terminate the employment by giving one month s notice effective from the end of a month. The notice shall be given before the end of five months of employment. Upon continuous employment from six months to three years the notice is three months, and shall be given before the end of two years and nine months of employment. Upon continuous employment from three years to six years the notice is four months, and shall be given before the end of five years and eight months of employment.
Upon continuous employment from six years to nine years the notice is five months, and shall be given before the end of eight years and seven months of employment. Hereafter the notice is six months. 6.7 Notice of termination shall be in writing. After the three months of probation period the termination must state the grounds of termination. 6.8 In the event of a material breach of contract, the employment may be terminated by either party without notice. 7.1 The deployee is entitled to a gross monthly salary from DRC. All salary and benefits specified in the contract and in these terms are quoted as gross remuneration before tax. 7.2 The salary category of the deployee is classified in appendix 2. The deployee s gross monthly salary is specified in the individual employment contract. 7.3 The deployee may be entitled to a monthly per diem allowance covering boarding costs according to the rates specified in appendix 2. Per diem is fully payable during accrued vacation and business trips. Per diem allowance is not payable during longer absence of 10 working days or more from the assignment, e.g. during leave without salary or illness. 7.4 All roster-member deployee s may be entitled to an experience allowance, as specified in appendix 2 section 4, based on his / her experience within DRC using the schedule found in appendix 2. 7.5 DRC experience allowance is calculated on the basis of the number of months the deployee has been working on a DRC Stand-by Roster contract or the number of prior deployments. DRC experience allowance is only applicable for deployees that have been on a DRC contract with a break of less than 5 years (60 months) between each contract period. 7.6 The deployee may be entitled to a hardship allowance, as specified in appendix 2, section 5. The hardship allowance is payable to those based in a duty station classified by the UN as category E.
7.7 The DRC Stand-by Roster will review the entitlement to hardship allowance based on the Global Special Entitlements Chart, which the DRC Stand-by Roster receives from the UN. In the event that a deployee s duty station is moved from category E to a category indicating less difficulty, the deployee will no longer be entitled to receive hardship allowance and it will thus not be included in future monthly salary pay-outs. Given that the special entitlements chart is received prior to the 15 th of the month the regulation of the deployee s salary will take place in the following salary pay-out. If the chart is received later than the 15 th of the month this adjustment will not take place until the salary pay-out at the end of the following month. The same timeline for regulation applies in situations where a deployee s duty station is moved from a less difficult category to category E. The regulation of the hardship allowance will not be backdated. 7.8 Hardship Allowance is not payable for the month if travel into the hardship post at time of hire is delayed 10 or more working days, or during longer absences of 10 or more working days from the assignment due to leave without salary or sick leave used outside of the hardship post. 7.9 Other individual allowances not mentioned in these terms or the relevant salary appendix cannot be negotiated. 7.10 The salary is paid in arrears on a monthly basis at the end of the month. 7.11 The salary is payable in Danish Kroner (DKK). The deployee will however upon employment have the possibility to indicate that s/he would like to receive the salary in another currency. The salary will be transferred to the deployee s bank account at the market exchange rate valid at the date and time of transfer. 7.12 The salary is paid into the deployee's bank account. If the deployee wishes his/her salary to be paid into a financial institution outside of Denmark, he/she shall cover any charges associated with the salary transfer. 7.13 For deployees working in countries with no access to cash on a regular basis via ATM s or banks, salary advances can be given in agreement with the DRC Stand-by Roster.
8.1 The deployee is not entitled to a pension from DRC. 8.2 If the deployee wishes to contribute to a pension scheme, the deployee must himself/herself make the necessary arrangements with a pension fund. 8.3 DRC is, according to Danish legislation, obliged to make payments to the ATP Lifelong Pension, and to the Labour Market Contributions (AMB) for deployees who are liable to pay taxes in Denmark. These amounts are deducted from the deployee's salary, if the deployee is liable to pay taxes in Denmark. 9.1 DRC will pay the expenses for the outward flight for the deployee on economy class at the beginning of the assignment. For the outward journey, DRC will cover the expenses for up to a maximum of 30 kg luggage per person. The limit of luggage on a standard flight ticket is included in the above maximum of 30 kg. Reimbursement can only take place against presentation of original receipt. 9.2 DRC will pay the expenses for the return flight for the deployee on economy class at the end of the assignment. 9.3 After six months consecutive employment, and provided that the employment at that time is scheduled to continue for at least another six months, the deployee is entitled to one home-leave travel a year between the place of duty and their home country as defined in their contract, see art. 3.2. The home leave travel must be used within the vesting period or the right will lapse, e.g. the first travel must be used between 7 and 18 months after the date of commencement, etc. DRC will pay the expenses for the return flight for the deployee on economy class. 9.4 DRC covers necessary expenses relating to vaccinations, preventive medication, and visas relevant for the assignment. Expenses for extraordinary renewal of passport will be covered if the renewal is necessary due to work related visa requirements. All expenses must be approved by the DRC Stand-by Roster in advance to ensure that the expenses are refundable. 9.5 Upon prior agreement with the DRC Stand-by Roster, the deployee may receive reimbursement for approved, necessary and appropriate expenses related to accommodation, incurred during the course of his/her assignment. The deployee must provide proper and original documentation of the expenses before these can be reimbursed. Settlement of expenses shall take place every three months and no later than one month upon return from the deployment. Otherwise expenses will not be
reimbursed by DRC. 9.6 The deployee is compensated for all other daily boarding costs than described in section 9.5 through his/her per diem allowance (see section 7.3), and is thus not entitled to additional per diem, UN DSA or other UN allowances when travelling. 9.7 If the deployee resigns of his/her own request or if the employment is terminated by DRC, DRC will cover travel expenses relating to the homeward journey, if such travel is arranged through DRC. 10.1 All costs related to housing must be preapproved by the DRC Stand-by Roster team in Copenhagen 10.2 DRC will reimburse expenses related to suitable accommodation for the deployee based on the local situation and standards. Furthermore, appropriate and ordinary expenses relating to electricity, water, heating, and air conditioning are also reimbursed based on the provision of proper and original documentation. In the case where the deployee is required to have security guards, due to MOSS compliance, all costs related must be covered by the receiving UN agency. If the hiring of security guards is not due to MOSS compliance the expenses will be reimbursed by DRC. However, only if the costs are preapproved in writing by the DRC Stand-by Roster team. 11.1 DRC does not undertake any responsibility in relation to the deployee's tax status and tax liability outside the country of expatriation. This includes any responsibilities in relation to fiscal consequences upon interruption or termination of the employment within the employment period. The deployee shall himself/herself seek a clarification with relevant tax authorities outside country of expatriation prior to his/her assignment and its termination. 11.2 It is the responsibility of the deployee to apply for tax exemption or for tax relief with the tax authorities outside country of expatriation. Upon request, DRC may assist in delivering required papers or documentation to the authorities. In this context, DRC does not undertake any responsibility. 12.1 The deployee shall accrue holiday leave with salary at the rate of 2.08 days per month (25 days per year) provided that the deployee is on contract.
12.2 The holiday leave may be taken only when accrued and shall be arranged with and approved by the UN manager prior to the commencement of the holiday leave. Consideration must be given to the deployee's tasks and colleagues. 12.3 In accordance with his/her UN manager, the deployee may take another 5 days holiday leave per year without salary. 12.4 The deployee may accumulate and carry forward up to a maximum of 20 days of holiday leave. 12.5 All accrued holiday leave shall be taken within the contract period and cannot be converted into salary. If the deployee is on assignment for a short period of up to 4 months, the deployee may not be able to take accrued holiday leave within the contract period. In this situation, or otherwise upon explicit written agreement with both the DRC Stand-by Roster team, accrued and not taken holiday leave shall be converted into salary by the end of the contract period. 12.6 In exceptional circumstances, the deployee may be granted advance holiday leave up to a maximum of 10 working days, provided that the employment period of the deployee is expected to continue for a period beyond that which is necessary to accrue the holiday leave taken in advance and that the leave is approved by the UN manager. 12.7 The deployee is entitled to a maximum of ten public holidays during one year without deduction in salary or in allowances. The UN country management schedules the public holidays before the beginning of each calendar year, with due consideration given to local customs and to the assignment. Thus, the deployee may not automatically take other public holidays. The public holidays are fixed and cannot be held at another time. 13.1 Deployees working in extremely stressful areas as defined in accordance with the UN policy on Rest and Recuperation (R&R) are entitled to leave for R&R outside of the place of duty. R&R is not vacation, and thus the deployee remains at the UN s disposal for work-related tasks when deemed necessary or appropriate by the direct UN manager. 13.2 In relation to R&R the UN (except OCHA) will provide travel to the nearest safe haven. DRC will reimburse costs for accommodation in a single room for a maximum of 6 nights, provided that the R&R is not spent in the deployee s country of residence (c.f. the Deployment Information Sheet).
14.1 Illness, which will influence the daily work tasks, must be reported to the UN manager immediately. The deployee is entitled to receive full salary during illness. Illness should also be reported to the DRC Stand-by Roster team in Copenhagen. DRC may require a medical certificate. 14.2 The deployee is entitled to receive full base salary during illness. Per diem allowance and hardship allowance is not payable during longer absence of 10 working days or more from the assignment due to illness c.f. section 7.3 and section 7.8. 14.3 When the deployee experiences severe illness or death in the immediate family (spouse/partner, parents, parents-in-law, grandparents, children, and siblings), the deployee is entitled to up to five days compassionate leave with full salary in which travel days are included. Compassionate leave is always subject to the UN manager s approval. All travel expenses related to compassionate leave are covered by the deployee or by IHI Bupa, provided that the insurance company can approve the travel in advance. 15.1 It is a condition for the employment that DRC can obtain medical insurance for the deployee without essential reservations or extra premiums. The insurance covers usual expenses for treatment and doctors relating to acute illness that arises during assignment. DRC is not obliged to cover expenses in excess of this insurance. With the contract, the deployee will receive the terms of insurance. DRC reserves the right to make changes in the terms of insurance as well as the amounts covered. DRC cannot be held responsible for changes made by the insurance company. 15.2 The deployee is obliged to follow instructions issued by DRC and by the insurance company in relation to documentation, notification of injury and treatment. The deployee is required to submit to the insurance company information concerning his/her health, and to accept a health examination upon request. Unsatisfactory health conditions might result in a decline of issuing health insurance and in these cases DRC reserves the right to terminate the contract. DRC will cover all expenses related to any required health examination. 15.3 The deployee is covered by occupational injury insurance and by public liability insurance. 15.4 The deployee will be covered by the insurance for all emergencies for up to one month after the last day of employment in accordance with the policy conditions in
force. 16.1 The deployee (the mother) is entitled to leave with half her gross monthly salary during 4 weeks prior to the expected date of birth and during 14 weeks upon the date of birth. 16.2 The deployee (the other parent) is entitled to 2 weeks of consecutive leave with full salary upon the birth. The leave must be taken no later than 14 weeks after the birth. 16.3 The deployee shall inform his/her UN manager and the DRC Stand-by Roster about expected leave in accordance with section 16.1 and section 16.2 with a notice of at least 3 months before the expected due date. 17.1 The DRC Stand-by Roster positions are non-family positions and therefore the deployee is on assignment without his/her family. For reasons of security and insurance, in case of visits from family or friends, the deployee shall prior to the visit seek approval with the UN manager and inform the DRC Stand-by Roster accordingly. 18.1 The deployee is expected to work exclusively for DRC during the assignment. The deployee may not undertake any other form of paid work or conduct business of any kind during the period of employment. 18.2 The deployee shall inform his/her UN manager and the DRC Stand-by Roster about any possible conflict of interest due to other activities that the deployee might have or participate in. 18.3 Failure to observe sections 18.1 or 18.2 constitutes a material breach of the employment, cf. Section 6.8. 19.1 Prior to the assignment, the deployee is informed of the UN security level that applies for the duty station and has by signing the contract accepted the security situation and safety regulations that apply to the assignment. Within 48 hours after arrival, the deployee should be briefed by the appointed UN security advisor. The deployee is obliged to observe all safety regulations established by the receiving UN agency. 19.2 Any breach of the security and safety regulations is considered as a serious misconduct that may cause termination of the contract with or without notice
depending on the gravity of the misconduct. 20.1 The deployee shall observe secrecy with regard to any situation and any information that he/she becomes aware of in the course of his/her employment and which, due to the nature of the issue, must be considered confidential. The obligation for professional secrecy does not cease by the end of the assignment. 20.2 To ensure a correct and controlled information flow, all contact to the press must be handled by the UN assigned press personnel. 21.1 At the end of assignment a debriefing conversation with the DRC Stand-by Roster shall take place and the various end of mission reports shall be produced. The purpose is to provide constructive feedback to DRC and the UN programme on its operations, support systems, human resources, and any other topic that the deployee finds relevant. 13.1 DRC does not issue individual, written recommendations for deployees who resign or retire. However, on request, a confirmation of employment, documenting the deployee's period of employment, position, and salary, may be provided by HR. 23.1 These terms will be implemented in all new contracts for deployees in DRC as per 1 April, 2016. Existing contracts will be updated upon expiration if a new contract is given or at the latest as of 1 April, 2016. Copenhagen, 1 April, 2016