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ATHENA EU-LMOs operating manual : Fiche 6-6/EN updated on 7/05/2010 by ATHENA - CGS (LP/EB)
Employment of civilian personnel
Operational timelines:
Preparatory phase
Active phase
Winding up phase
1) Key words: Direct employment by ATHENA, common costs, contracting, recruitment
2) Governing idea: civilian personnel can be directly recruited and employed by ATHENA
when force generation process did not provide adequate manpower or when it proves to be
economic to directly employ staff. The here under practical guidance should be followed,
pending official approval by ATHENA Special Committee.
3) Text(s) of reference :
-
ATHENA civilian personnel policy
Fiche 10-9 : Employment of civilian personnel templates
4) Elements to be controlled :
-
Before starting recruitment :
o Screen categories of personnel needed :
- 1. Civilian personnel working in EU territory (selected from nationals of EU Member
States and citizens of third States participating in the operation; nationals from
other States may be recruited only after authorisation from Special Committee; laws
of the EU Member State of employment apply to employment);
- 2. International civilians (working outside EU territory, nationals of EU Member
States and/or of a third country participating in the operation, not permanent
residents in the Host State(s)=> Thorough rules provided for in policy);
- 3. Local civilian hires (nationals of or permanently residents in the Host State(s), to
whose employment the labour laws of the state of employment apply – in as much as
there are such laws actually in force and they do not contradict EU principles).
o Collect information (from specialised lawyer/expert, local authorities, embassies of EU
Member States, Member States already deployed in the area or other) on salaries paid in
the domestic labour market for similar jobs and on labour 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.
o Remuneration has to be carefully studied :
- Salaries should be negotiable, and for local civilian hires (determined by M/OpCdr)
not exceeding average salaries in the domestic market for similar jobs by more than
15%. NB: the basis should be salaries in the domestic economy, not those paid by
embassies or foreign, multinational companies,
- Currency and form must be clearly expressed, as well as obligatory allowances and,
where applicable, severance grant (=10% of basic monthly remuneration for each
month spent in consecutive employment),
- Social security/insurance (difference by categories to be noticed), calculation of
contribution for local civilian hires by local authority, if available.
-
Recruitment/contracting :
o Publication of vacancy (EU territory : publishing vacancy notice / Other :
advertisement by all appropriate means), and spontaneous “applications” from locals
(possible advisory board)
o Decision on type of contract (fixed vs. indefinite term) by comparing legal
possibilities/constraints, costs, difficulties and cost of contract termination.
NB: in cases where the duration of the operation or the duration of employment
cannot be predicted accurately, it is usually cheaper and more flexible to conclude
indefinite term contracts, and terminate them when the employees are no longer
needed. In any case, the choice between fixed and indefinite terms must be based on a
cost/benefit analysis of both formulas.
o In selecting personnel, security requirements must be considered. This applies both to
medical risks and to loyalty in crisis situations.
o Contracts must always be in writing, in the language required by applicable
legislation, as well as in language understood by parties, including at least minimum
elements and thoroughly understood by/explained to employee.
- In case of doubt on the laws to be applied, advice to be obtained from ATHENA
administrator,
- Contracts to be signed by employer's representative: M/OpCdr, or the holder of a
delegation (J1), or a sub-delegation to recruit civilian personnel.
5) Measures to be taken :
-
Evaluate needs and define where, for which tasks and which category of personnel need to
be employed.
-
Gather information on salaries in the given labour market and on laws of the state(s) of
employment.
-
Publish vacancy notices/get the information out through all appropriate means
-
Decide on type of contract (fixed vs. indefinite term).
-
Select civilians to be employed (consider: meet criteria set out in notice, medical
requirements, medical check-up before recruitment, vaccinations, security concerns &
clearance, linked responsibilities, financial limit, remuneration of the person to be
chosen.)
-
Draft and conclude contract(s) with the selected applicant(s)
-
Draft an establishment plan showing tasks to be performed (administrative, accounting,
translation, interpreting, ancillary and manual tasks), remuneration paid or envisaged to
be paid, motivating choice of fixed-term or indefinite duration contract. The establishment
plan has to be submitted to ATHENA Special Committee within 3 months following the
launching of the operation.
*Administrative obligations related to employment:
o keep employee’s registrar,
o issuing pay slips,
o providing work certificate(s).