A T H E N A 1 E UROPEAN U NION ATHENA ATHENA E UROPEAN U NION ATHENA ATHENA Council decision 2007/384/CFSP of 14 May 2007 ( OJ 13/06/2007 L152/14 )

A T H E N A 2 Civilian Personnel Policy What is the CPP? –draft guidelines – gone through discussion in the Special Committee of ATHENA; –mainly based on experience gained in operation ALTHEA; –“tested” in operation EUFOR Congo;

A T H E N A 3 Civilian Personnel Policy Civilian Personnel in operations I.How? II.Framework

A T H E N A 4 Civilian Personnel Policy I.How? recruitment - direct employment, i.e. civilian staff employed by ATHENA;recruitment - direct employment, i.e. civilian staff employed by ATHENA; through agencies/companies – procurement procedure must be duly carried out (not part of this presentation);through agencies/companies – procurement procedure must be duly carried out (not part of this presentation);

A T H E N A 5 Civilian Personnel Policy II.Framework for recruitment force generation process did not provide adequate manpower – prior approval of the Special Committee of ATHENA ;force generation process did not provide adequate manpower – prior approval of the Special Committee of ATHENA ; proves to be economic to directly employ staff,proves to be economic to directly employ staff, already during preparatory phase;already during preparatory phase; * military capabilities – before recruiting armed guards, OpCdr must obtain prior authorisation of the Special Committee of ATHENA;* military capabilities – before recruiting armed guards, OpCdr must obtain prior authorisation of the Special Committee of ATHENA;  before starting, the appropriations available in the budget must be checked (J1&J8);  establishment plan to be submitted to Special Committee of ATHENA within 3 months of the launch;

A T H E N A 6 Civilian Personnel Policy Categories of personnel Three categories One category working within EU territory: 1 - Civilian personnel working in EU territory Two categories working outside EU territory: 2 - International Civilians 3 - Local Civilian Hires

A T H E N A 7 Civilian Personnel Policy Definition for each category 1. Civilian personnel working in EU territory: selected from nationals of EU Member States and citizens of third States participating in the operation.selected from nationals of EU Member States and citizens of third States participating in the operation. 2. International Civilians: nationals of EU Member States and/or of a third country participating in the operation;nationals of EU Member States and/or of a third country participating in the operation; not permanent residents in the Host State(s).not permanent residents in the Host State(s). 3. Local Civilian Hires: nationals of or permanently residents in the Host State(s).nationals of or permanently residents in the Host State(s).

A T H E N A 8 Examples of tasks to be performed  administrative;  accounting;  translation;  interpreting;  ancillary and manual tasks.

A T H E N A 9 Civilian Personnel Policy Legislation/laws applicable to employment - as suggested in the CPP 1.Civilian personnel working in EU territory: Laws of the EU Member State where the person will carry out his/her duties;Laws of the EU Member State where the person will carry out his/her duties; 2.International Civilians: Thorough rules, covering the aspects of employment provided in in Part III of the CPP;Thorough rules, covering the aspects of employment provided in in Part III of the CPP; 3.Local Civilian Hires: Labour laws of the State where they are employed – inasmuch as there are such laws in force;Labour laws of the State where they are employed – inasmuch as there are such laws in force;

A T H E N A 10 Before starting recruitment Collect information Decide on type of contract (fixed vs. indefinite term) Civilian Personnel Policy

A T H E N A 11 Collect information! … from a specialised lawyer/expert, local authorities, embassies of EU MSs, MSs already deployed in the area or other, Civilian Personnel Policy

A T H E N A 12 Civilian Personnel Policy … on labour legislation – if applied- of the state of employment (incl. relevant collective agreements), notablylabour legislation – if applied- of the state of employment (incl. relevant collective agreements), notably  provisions concerning social security,  indemnities/allowances to be paid in case of terminating employment (indefinite vs. fixed term contract),  minimum wage,  working conditions/security at work. In case of doubt on the laws to be applied, advice to be obtained from Administrator of ATHENA; salaries paid in the domestic labour market for similar jobs;salaries paid in the domestic labour market for similar jobs;

A T H E N A 13 Civilian Personnel Policy Decide on type of contract (fixed vs. indefinite term) legal possibilities/constraints,legal possibilities/constraints, costs,costs, term of the operation,term of the operation, difficulties in termination.difficulties in termination.

A T H E N A 14 Civilian Personnel Policy Recruitment By whom? How?

A T H E N A 15 Civilian Personnel Policy By whom? employer's representative:employer's representative:  OpCdr, or the holder of a delegation (J1), sub-delegation to recruit civilian personnel;

A T H E N A 16 Civilian Personnel Policy How? EU territory- publishing vacancy notice;EU territory- publishing vacancy notice; Other- advertisement by all appropriate means;Other- advertisement by all appropriate means; spontaneous “applications” from locals;spontaneous “applications” from locals;  Recruitment can be considered as a way to assist/compensate locals. possibility of creating an advisory board;possibility of creating an advisory board; when selecting candidates, due consideration to financial “consequences”when selecting candidates, due consideration to financial “consequences”

A T H E N A 17 Civilian Personnel Policy Contracting – conditions General – meet criteria set out in vacancy notice;General – meet criteria set out in vacancy notice; Medical requirementsMedical requirements  medical check-up before recruitment  vaccinations Security clearance (temporary/permanent ~ is a condition to contracting not of application; EU- formalised procedure, for locals security check of background, “risk evaluation”)Security clearance (temporary/permanent ~ is a condition to contracting not of application; EU- formalised procedure, for locals security check of background, “risk evaluation”) Financial limit – verify that employment expenditure does not exceed the appropriations in force;Financial limit – verify that employment expenditure does not exceed the appropriations in force;

A T H E N A 18 Civilian Personnel Policy Contracts form and language;form and language;  Always in writing;  Must be  Must be thoroughly understood by employee;  Language required by applicable legislation; minimum elements;minimum elements; models;models; when a MS/organisation already employs in the area – to resort to their contracts/conditions where possible;when a MS/organisation already employs in the area – to resort to their contracts/conditions where possible; adaptation to concrete rules/circumstances.adaptation to concrete rules/circumstances.

A T H E N A 19 Civilian Personnel Policy Remuneration SalariesSalaries  negotiable  for LCHs – determined by OpCdr - not exceeding by more than 15% average salaries in the domestic market for similar jobs;  currency/form; AllowancesAllowances  those that are obligatory + few proposed in CPP Severance grant (=10% of basic monthly remuneration for each month spent in consecutive employment)Severance grant (=10% of basic monthly remuneration for each month spent in consecutive employment) Social security – calculation of contribution by local authority, if available (difference by categories)Social security – calculation of contribution by local authority, if available (difference by categories) InsuranceInsurance

A T H E N A 20 Civilian Personnel Policy Administrative obligations employee’s registrar;employee’s registrar; pay slip;pay slip; work certificate;work certificate;

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