GB.346/PFA/13(Rev.1)/Decision
Decision on the recent developments concerning the determination of the post adjustment by the International Civil Service Commission
The Governing Body took note of the information provided by the Office regarding the ongoing stalemate with respect to the determination of post adjustment multipliers by the International Civil Service Commission and adopted the following resolution as amended by the Governing Body.
(GB.346/PFA/13(Rev.1), paragraph 29, as amended by the Governing Body)
Mindful of the importance of the cooperation between the United Nations (UN) and the International Labour Organization (ILO) to develop common personnel standards, methods and arrangements and avoid serious discrepancies in the terms and conditions of employment set forth in article XI of the 1946 relationship agreement between the two organizations,
Emphasizing the ILO’s commitment to the principle of the rule of law and its obligation to execute in good faith the judgments of the ILO Administrative Tribunal that are final and without appeal as well as its special responsibility as custodian and guarantor of the Tribunal’s integrity and independence,
Recalling Judgment No. 4134 of the Administrative Tribunal of the ILO and its impact on the application of post adjustment multipliers for the ILO and other organizations,
Noting UN General Assembly resolutions 74/255A, 74/255B, 75/245 and 76/240 that reaffirm in particular the authority of the International Civil Service Commission (ICSC) to establish post adjustment multipliers for duty stations in the UN common system,
Mindful of the central role of the UN General Assembly in determining conditions of service and entitlements for all staff serving in the organizations of the UN common system,
Noting the judgements of the UN Dispute Tribunal and UN Appeals Tribunal, UNDT/2020/130 and 2021-UNAT-1107 respectively, which recognize the need to update the ICSC Statute “to bring clarity and to avoid future misconstructions”,
Recognizing the ILO’s responsibilities under the UN common system arising from the acceptance of the ICSC Statute since 16 April 1975,
(GB.346/PFA/13(Rev.1), paragraph 29, as amended by the Governing Body)
Resolution concerning the determination of post adjustment by the International Civil Service Commission
The Governing Body of the International Labour Office,Mindful of the importance of the cooperation between the United Nations (UN) and the International Labour Organization (ILO) to develop common personnel standards, methods and arrangements and avoid serious discrepancies in the terms and conditions of employment set forth in article XI of the 1946 relationship agreement between the two organizations,
Emphasizing the ILO’s commitment to the principle of the rule of law and its obligation to execute in good faith the judgments of the ILO Administrative Tribunal that are final and without appeal as well as its special responsibility as custodian and guarantor of the Tribunal’s integrity and independence,
Recalling Judgment No. 4134 of the Administrative Tribunal of the ILO and its impact on the application of post adjustment multipliers for the ILO and other organizations,
Noting UN General Assembly resolutions 74/255A, 74/255B, 75/245 and 76/240 that reaffirm in particular the authority of the International Civil Service Commission (ICSC) to establish post adjustment multipliers for duty stations in the UN common system,
Mindful of the central role of the UN General Assembly in determining conditions of service and entitlements for all staff serving in the organizations of the UN common system,
Noting the judgements of the UN Dispute Tribunal and UN Appeals Tribunal, UNDT/2020/130 and 2021-UNAT-1107 respectively, which recognize the need to update the ICSC Statute “to bring clarity and to avoid future misconstructions”,
Recognizing the ILO’s responsibilities under the UN common system arising from the acceptance of the ICSC Statute since 16 April 1975,
- Expresses its serious concern about the continued application of two concurrent post adjustment multipliers at the Geneva duty station, which jeopardizes the sustainability of the UN common system of salaries;
- Acknowledges the efforts of the Office, in consultation with other specialized agencies concerned, to raise awareness about the challenging situation and seek support and assistance from the UN Secretariat and the ICSC;
- Takes note of the joint letters of the Executive Heads of the ILO and other Geneva-based agencies dated 12 May 2020 and 30 September 2022, and addressed to the UN Secretary General drawing his urgent attention to the difficulties encountered and recommending a constructive approach, including by amending the ICSC Statute;
- Takes note of the Office analysis that updating the wording of articles 10 and 11 of the ICSC Statute to explicitly provide for the authority of the ICSC to determine post adjustment multipliers is the solution that would apparently enable the ILO and other specialized agencies concerned to comply with the final and non-appealable judgments of the Administrative Tribunal and honour their responsibilities both as employers and as members of the UN common system;
- Instructs the Director-General to pursue his efforts, as a matter of priority and in consultation with other specialized agencies concerned, to resolve the current impasse;
- Commits to accept amendments to the ICSC Statute regarding the ICSC’s statutory authority to determine post adjustment multipliers should the UN General Assembly take such an action, and instructs the Director-General to then implement the official ICSC post adjustment multipliers provided after the date of the acceptance of those amendments by the Director-General of the ILO;
- Requests the Director-General to transmit a copy of this resolution to the UN Secretary General, the Chairman of the ICSC and the executive heads of the specialized agencies concerned;
- Decides to remain seized of this matter until it is definitively resolved and requests, in this respect, the Director-General to keep the Governing Body regularly informed of any progress made.