RESTRICTED 
WORLD TRADE WT/BFA/9 
L/7636 
25 September 1995 
ORGANIZATION Limited Distribution 
(95-2779) 
STAFF REGULATIONS 
PROPOSED WTO TEXT (REVISED DRAFT) 
PURPOSE AND SCOPE 
Pursuant to Article VI of the Marrakesh Agreement Establishing the World Trade 
Organization (the WTO Agreement), the Staff Regulations adopted by the Ministerial Conference 
of the World Trade Organization (WTO) embody the fundamental conditions of employment in 
the WTO and the rights, duties and obligations of the WTO and of its staff members. The 
paramount objective in the determination of conditions of service shall be to secure staff of the 
highest standards of competence, integrity and efficiency and to meet the requirements of the 
WTO taking into account the needs and aspirations of the staff. The Staff Regulations set forth 
principles for the guidance of the Director-General in the staffing and administration of the 
Secretariat. The Director-General shall establish and administer Staff Rules consistent with these 
principles and shall submit these Rules to the General Council for approval at the time of the 
establishment of the WTO secretariat. The Staff Rules govern the conditions of service and the 
personnel practices of the WTO and provide the means for implementing the provisions of the 
Staff Regulations. The Director-General may issue Staff Administrative Memoranda in elaboration 
of the Staff Rules. 
The Staff Regulations, Staff Rules and Staff Administrative Memoranda apply to all staff 
members of the WTO holding contracts of six months' duration or more. Staff holding contracts 
of less than six months duration shall be subject to separate conditions of employment which shall 
be established by the Director-General and based, as appropriate, on the present Staff Regulations 
and Staff Rules, and Staff Administrative Memoranda. 
DUTIES, OBLIGATIONS AND PRIVILEGES: 
- THE WTO AND ITS MEMBERS -
Regulation 1.1: The WTO shall at all times act with fairness and impartiality, and in full 
respect of these Staff Regulations and the applicable jurisprudence of the Administrative Tribunal 
of the International Labour Organization in its relations with staff members. It shall not 
discriminate between individuals or groups within the staff on the basis of gender, nationality, 
race or religious belief. Furthermore, its practices shall clearly reflect those principles of equal 
opportunity and non-discrimination. The WTO management shall establish close surveillance to 
prevent unwanted flaws in those practices. WT/BFA/9 
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Regulation 1.2: The WTO shall make all reasonable efforts to provide appropriate 
protection and safety for staff members in the performance of their duties and shall in particular 
ensure their immunity from legal process in respect of words spoken or written and all acts 
performed by them in their official capacity. 
Regulation 1.3: The WTO shall establish and maintain appropriate safeguards to respect 
the personal privacy of staff members and protect the confidentiality of personal information about 
them. 
- STAFF MEMBERS -
Regulation 1.4: Staff members shall discharge their duties solely with the interest and 
objectives of the WTO in view and, in so doing, shall be subject to the authority of, and 
responsible to, the Director-General. Pursuant to Article VI:4 of the WTO Agreement, staff 
members shall neither seek nor accept any instruction relating to the performance of their duties 
from any government or other entity or person external to the WTO, and shall at all times respect 
the international character of their positions and maintain their independence. 
Regulation 1.5: Staff members shall conduct themselves at all times in an appropriate 
manner and shall avoid any activity which may adversely reflect on their status as international 
civil servants, or on the integrity, independence and impartiality which are required by that status. 
Regulation 1.6: Staff members shall enjoy, in the interest of the WTO, the privileges, 
immunities, and facilities referred to in Article VIII of the WTO Agreement and set out in the 
Headquarters Agreement. Such privileges, immunities, and facilities shall not excuse staff 
members from the performance of their private obligations or from the due observance of the law. 
As provided for in the Headquarters Agreement, the Director-General may decide whether, in the 
interest of the WTO, an immunity shall be waived. 
Regulation 1.7: Staff members shall exercise the utmost discretion in regard to all matters 
of official business. They shall not communicate to any person any information known to them 
by reason of their official position which has not been made public, except where so authorized by 
the Director-General. They shall not at any time use such information to private advantage. 
These obligations do not cease upon separation from the WTO. 
Regulation 1.8: A staff member shall disclose information concerning an interest prior to 
appointment in any matter within the purview of the Organization which may affect the 
appropriateness of assigning certain functions to that staff member, inter alia with respect to 
dispute settlement. 
Regulation 1.9: Staff members shall not accept any honour, decoration, favour, gift or 
remuneration from any government, except for war service. They shall not accept any honour, 
decoration, favour, gift or remuneration from any other source external to the WTO, unless 
authorized to do so by the Director-General. WT/BFA/9 
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Regulation 1.10: Staff members may exercise the right to vote but shall not engage in any 
political or other activity or occupation or hold any office which is inconsistent with, or might 
reflect adversely upon, the independence and impartiality required by their status as international 
civil servants. 
Regulation 1.11: All rights in any work done by staff members either as part of their 
official duties or in relation to the WTO shall be the property of the WTO unless such rights are 
explicitly relinquished. 
Regulation 1.12: Staff members, on taking up their duties, shall make and sign the 
following declaration: 
"I solemnly undertake to exercise in all loyalty, discretion and conscience the 
functions entrusted to me as an international civil servant of the World Trade 
Organization, to discharge these functions and regulate my conduct with the 
interests of the WTO only in view, and not to seek or accept instructions in regard 
to the performance of my duties from any government or other authority external 
to the organization, or to accept remuneration therefrom with respect to my 
service with the WTO either prior to, during or after such service." 
STAFF ASSOCIATION, REPRESENTATION AND CONSULTATION WITH 
MANAGEMENT 
Regulation 2.1: The staff shall enjoy freedom of association. The interests of the staff 
shall be represented before the Director-General by a Staff Council, elected by the staff. 
Regulation 2.2: The Staff Council shall be composed in such a way as to afford equitable 
representation to all staff, by means of elections to be held under rules drawn up by the staff 
associations and approved by the Director-General. 
Regulation 2.3: The Director-General shall set up appropriate mechanisms for the 
establishment of the joint bodies provided for under these Regulations in order to ensure equal 
representation thereon of the management and the staff. 
Regulation 2.4: The Director-General shall establish and maintain regular contact and 
communication with the Staff Council in order to ensure the effective participation of the staff in 
identifying, examining and resolving issues relating to staff welfare, including the establishment of 
and changes in personnel policies, conditions of work and general conditions of life, as well as the 
establishment or amendment of Staff Regulations, Staff Rules and Staff Administrative Memoranda. 
Regulation 2.5: A Joint Advisory Committee shall be established to advise the 
Director-General on the matters referred to in Staff Regulation 2.4. WT/BFA/9 
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RECRUITMENT POLICY 
Regulation 3.1: The recruitment policy of the WTO shall be to seek to attract and retain 
staff members offering the highest standards of efficiency, competence and integrity. It shall be 
based on the principle of equal opportunity for all, regardless of gender, nationality, race or 
religion, with the objective of ensuring the broadest possible diversification of the secretariat. 
Regulation 3.2: Pursuant to Article VI:3 of the WTO Agreement, the Director-General 
shall appoint the staff members of the WTO and shall determine their duties and conditions of 
service in accordance with the Staff Regulations and Staff Rules. The Director-General may assign 
staff members to any of the activities of the WTO which are compatible with their qualifications. 
Regulation 3.3: Recruitment shall be on a competitive basis, except where not practicable, 
and without distinction as to gender, nationality, race, or religion. 
Regulation 3.4: Without prejudice to external recruitment, the fullest regard shall be given, 
in filling vacancies, to the qualifications and experience of serving staff members. 
Regulation 3.5: The Director-General shall establish medical standards which staff 
members shall be required to meet before appointment. 
CONTRACT POLICY 
Regulation 4.1: The basic objective of the contract policy of the WTO shall be to offer 
staff the prospect of employment consistent with the requirements of the Organization and taking 
into consideration the needs and aspirations of the staff. Staff may be offered fixed-term or 
regular contracts. Continued employment in the Organization is subject to continuous satisfactory 
performance, as documented in the annual performance evaluation. 
Regulation 4.2: A fixed-term contract is for a fixed duration. All initial contracts shall be 
for a fixed term. Such contracts may be extended one or more times. The total length of service 
under fixed-term contracts shall not exceed five years. 
Regulation 4.3: For functions of limited duration, the total length of service may not 
exceed five years; this will be specified in the contract of employment. 
Regulation 4.4: A regular contract carries no expiration date. A staff member not carrying 
out functions referred to in Regulation 4.3 above shall become eligible for consideration for a 
regular contract after completing five years of service under fixed-term'conditions. 
Regulation 4.5: As provided for under Regulation 9.2, the Director-General may terminate 
a contract in cases where the duties and obligations of a WTO staff member are no longer 
fulfilled, or where performance proves to be unsatisfactory, as documented in the annual 
evaluation reports. WT/BFA/9 
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PERFORMANCE EVALUATION 
Regulation 5.1: The performance of a staff member shall be subject to annual evaluation. 
The evaluation shall be the occasion for a dialogue between the management and the staff, in 
order to improve continuously the performance of individuals and the efficiency of the 
organization through the establishment of objectives for the next reporting period. 
Regulation 5.2: The Director-General shall establish procedures for the evaluation of staff 
members' performance, including the appropriate form to be used for the purpose. Evaluation 
shall be by reference to the tasks assigned to the staff member, to the professional conduct of the 
staff member and to the fulfilment of the objectives established annually for the preceding year. 
Regulation 5.3: The staff member shall have the right to see and comment on the 
evaluation, which, along with any such comments, shall form part of the staff member's 
permanent record. 
SALARIES, BENEFITS AND POST CLASSIFICATION 
Regulation 6.1: The compensation policy of the WTO shall be to secure, within its budget, 
staff of the highest standards of efficiency, competence and integrity and shall be consistent with 
the principle of equal pay for work of equal value. 
Regulation 6.2: [The WTO shall establish a salary scale which shall be periodically 
reviewed for competitivity and adjusted annually to the cost of living and other factors, as 
appropriate.] 
Regulation 6.3: [determination of salaries, to be completed] 
Regulation 6.4: The WTO shall institute and maintain programmes to classify posts 
according to their purpose, function, and level of responsibility so as to provide a sound and 
equitable basis for the remuneration of staff members. 
Regulation 6.5: [The WTO shall institute and maintain programmes to reward staff 
members according to their performance as documented in the annual evaluation reports.] 
Regulation 6.6: Staff members shall be entitled to a dependency allowance in respect of a 
spouse, child or secondary dependant. 
Regulation 6.7: The Director-General shall establish a normal working week. 
Regulation 6.8: Staff members shall be entitled to annual leave. WT/BFA/9 
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\ 
Regulation 6.9: The WTO shall establish and maintain benefit packages for internationally 
recruited staff members serving outside the country of their recognized home, including the 
periodic travel1 of such staff members and their families to their home country and financial 
assistance with the education of their children, and determine the eligibility for such benefits. 
Regulation 6.10: Special leave may be granted by the Director-General in exceptional cases. 
CAREER DEVELOPMENT 
Regulation 7.1: The WTO shall establish policies designed to provide career development 
opportunities to all staff regardless of gender, nationality, race or religion whilst at the same time 
ensuring the most effective allocation of human resources. These policies shall include training, 
reassignment, promotion, and secondment and loan to other international organizations. The 
policies shall take account of the size and nature of the organization and, as appropriate, of the 
contract policy. 
SOCIAL SECURITY 
Regulation 8.1: [A WTO Pension Plan shall be established by the Ministerial Conference 
of the WTO to provide disability, retirement, death and related benefits for the staff members of 
the WTO and their survivors.] 
Regulation 8.2: The Director-General shall establish a scheme providing for the coverage 
of medical expenses incurred by staff members and their families as a result of sickness or 
accident and reasonable compensation in the event of [unemployment and] service-incurred illness, 
accident or death. Coverage shall also be provided for sick leave and maternity or adoption leave. 
SEPARATION FROM SERVICE 
Regulation 9.1: Separation from service may occur as à result of: 
(a) resignation, with due notice; 
(b) expiration of a contract in accordance with its terms; 
(c) termination of a contract by the Director-General; 
(d) retirement; 
(e) summary dismissal for serious misconduct, including unethical conduct; 
(f) abandonment of post; 
(g) death. 
! 
» 
'See Staff Regulation 10.1 
! 
; WT/BFA/9 
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Regulation 9.2: The following cases shall constitute grounds for termination of contract: 
(a) reduction of the staff, or if the necessities of the service require abolition of the 
post occupied by the staff member concerned and redeployment is not possible; 
(b) if the staff member is incapacitated for further service for reasons of health; 
(c) if the performance of the staff member concerned proves to be unsatisfactory, as 
documented in the annual evaluation reports; 
(d) if the conduct of the staff member does not meet the highest standards of integrity 
required by these regulations; 
(e) if facts anterior to the appointment of the staff member come to light which, had 
they been known, would have precluded appointment; 
(f) if the staff member fails to disclose to the Director-General ethics-related 
information; 
(g) if such action would be in the interest of good administration of the WTO, on 
terms mutually agreed with the staff member. 
Regulation 9.3: In cases provided for under Staff Regulation 9.1(b), a staff member shall 
be given notice. The expiration of a fixed-term contract in accordance with its terms shall not 
give rise to the payment of an indemnity. 
Regulation 9.4: A staff member whose contract is terminated under Staff Regulation 9.1(c) 
shall be given notice or, exceptionally, payment in lieu of notice. 
Regulation 9.5: Termination under Staff Regulation 9.2(a), (b) or (g) shall give rise to an 
indemnity which may be increased by up to 50 per cent in case of termination under Staff 
Regulation 9.2(g) above. 
Regulation 9.6: An end-of-service relocation grant shall be payable to internationally-
recruited staff members upon separation from service where evidence is provided that the staff 
member has permanently relocated to a country other than the country of the duty station. 
Regulation 9.7: Staff members shall normally not be retained in service beyond the age of 
sixty-two years. 
Regulation 9.8: Subject to conditions and definitions prescribed by the Director-General, 
the WTO shall pay travel expenses and removal costs2 upon separation from service, except that 
no such payments shall be made in cases of abandonment of post. 
Regulation 9.9: Without prejudice to the provisions of Staff Regulations 12.2 to 12.5, no 
termination under Staff Regulation 9.2(a), (b), (c) or (f) shall take place until the matter has been 
considered and reported on by a joint advisory body. 
See Staff Regulations 10.1 and 10.2. WT/BFA/9 
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TRAVEL AND REMOVAL EXPENSES 
Regulation 10.1: Subject to conditions and definitions laid down in the Staff Rules, the 
WTO shall pay the travel expenses of staff members, their spouses and dependent children. 
Regulation 10.2: Subject to conditions and definitions laid down in the Staff Rules, the 
WTO shall pay removal costs for staff members. 
DISCIPLINARY MEASURES 
Regulation 11.1: The Director-General may apply disciplinary measures to a staff member 
whose conduct is unsatisfactory. 
Regulation 11.2: Disciplinary measures shall consist of one or more of the following: 
written censure, loss of one or more salary increments, deferment of a salary increment for a 
specified period, suspension without pay, demotion, separation from service with or without notice 
or compensation in lieu thereof, or summary dismissal for serious misconduct. 
Regulation 11.3: The Director-General shall seek the advice of a joint advisory body when 
proposing disciplinary action, with the exception of written censure and summary dismissal for 
serious misconduct. 
Regulation 11.4: With the exception of summary dismissal for serious misconduct, a staff 
member shall be notified in writing of the grounds for the disciplinary measure proposed under 
Staff Regulation 11.1 and shall be afforded the opportunity to make observations on the proposal. 
Regulation 11.5: A disciplinary measure is an administrative decision notified to the staff in 
writing and open to appeal by the staff member. 
GRIEVANCES AND APPEALS 
Regulation 12.1: The WTO shall provide for a conciliation procedure in order to endeavour 
to resolve grievances submitted by staff relating to their conditions of employment. 
Regulation 12.2: In disputes relating to their conditions of employment, staff members have 
the right to due process, as set out in the Staff Rules. 
Regulation 12.3: Administrative decisions are open to appeal to the Director-General by a 
staff member on the grounds of non-observance, in substance or in form, of the terms of the 
contract, including all pertinent Staff Regulations and Staff Rules. 
Regulation 12.4: The Director-General shall establish a Joint Appeals Board to provide 
advice in the event of an appeal by a staff member. WT/BFA/9 
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Regulation 12.5: The Administrative Tribunal of the International Labour Organization 
shall, under the conditions prescribed in its statute, hear and pass judgement upon a complaint 
from a staff member alleging non-observance, in substance or in form, of the terms of the 
contract, and non-observance of the pertinent provisions of the Staff Regulations and Staff Rules. 
AMENDMENTS 
Regulation 13.1: The Staff Regulations may be amended by the General Council. Such 
amendments shall be without prejudice to staff members' rights acquired under the WTO Staff 
Regulations. 
Regulation 13.2: The Staff Rules may be amended by the Director-General in accordance 
with the Staff Regulations and without prejudice to the acquired rights of staff members under 
those Regulations. The General Council shall be informed of amendments to the Staff Rules. 
Amendments carrying financial implications or creating new rights for the staff shall be approved 
by the General Council before their entry into force, except where they are the result of approved 
automatic mechanisms. 
TRANSITIONAL PROVISIONS 
Regulation 14.1: [In the case of ICITO/GATT staff members who accept employment in the 
WTO pursuant to the decision of the General Council concerning the transition from 
ICITO/GATT to the WTO, the provisions of the Staff Regulations shall be applicable without 
prejudice to rights acquired by those staff members under Rules and Regulations applicable to 
them as staff members of ICITO/GATT.] Prior service under an ICITO/GATT contract will be 
counted for all purposes as service under a WTO contract. 