Consolidated
Rules and Procedure of the ASEAN Centre for Energy and ACE
Governing Council
(Adopted by the 5th Meeting of ACE
Governing Council on 16 January 2003)
Contents:
Preamble
Part I:
Part II:
- Financial Rules & Procedures Manual
Part III:
Part IV:
Part V:
Annex 1 - 3
Attachment 1 - 11
PREAMBLE
WHEREAS, the member
governments of the Association of South East Asian Nations (ASEAN) have
established the ASEAN Centre for Energy (ACE) beginning on 1 January 1999
to serve as a catalyst for the economic growth and development of the
ASEAN region by initiating, coordinating and facilitating national as well
as joint and collective activities on energy;
WHEREAS, it is necessary that the ACE, including its Governing Council,
have clearly defined internal rules, regulations and procedures that
should serve to develop and maintain firm but transparent governance of
its manpower, property and finance as well as maintain stable procedures
of operation, decision-making and meetings;
NOW, THEREFORE, in accordance with relevant provisions of the Agreement on
the Establishment of the ASEAN Centre for Energy, the Host Country
Agreement between the Government of the Republic of Indonesia and the
ASEAN Centre for Energy, and the Business Plan adopted by the Senior
Official’s Meeting on Energy of the Sixteenth ASEAN Ministers on Energy
Meeting on 29-30 July 1998 in Singapore, the Staff Regulations, Financial
Rules and Rules of Procedure of the ASEAN Centre for Energy (ACE) and the
Rules and Procedures of Meetings of the ACE Governing Council are embodied
in this Consolidated Rules and Procedures.
PART I
STAFF REGULATIONS
SCOPE AND PURPOSE
The Staff Regulations
embody the basic rights, duties and obligations and the fundamental
conditions of service of the Executive Director, the Programme Managers,
the Project Managers , the Openly Recruited Professional Staff and Locally
Recruited Staff of the ASEAN Centre for Energy. They embody personnel
policies that guide the human resources management and administration of
the ASEAN Centre for Energy.
The Executive Director shall, from time to time, promulgate and enforce
such staff regulations as are consistent with these policies and as the
Executive Director considers necessary without prejudice to the acquired
rights of the staff members.
If the Executive Director is incapacitated from further service, ACE
Governing Council will designate one of the Programme Managers to serve
pending the selection of a permanent replacement by Senior Officials
Meeting on Energy (SOME).
The ACE Staff Regulations
consist of two chapters:
Chapter I: The policies and guidelines are applicable to the
Executive Director (ED) and Openly Recruited Staff (ORS). Under this
chapter, ORS will be referred to as Staff members; Executive Director and
ORS collectively as Centre Members.
Chapter II: The policies and guidelines applicable to the Locally
Recruited Staff (LRS). In this chapter, the appointed party will be
referred to as LRS member.
Project Managers, Project staff and Personnel on secondment to the ASEAN
Centre for Energy may be governed by specific contracts under each project
or Terms of Reference under each Secondment Agreement. Rules for openly
recruited professional staff and locally recruited supporting staff shall
not apply to these Project Managers, Project Staff and Personnel on
Secondment. Other employment modes under specific agreements shall also
not be governed by these rules unless stipulated in the agreement.
Staff or staff members, as referred to in Part I of these regulations,
will have the same meaning as Openly Recruited Professional Staff in any
other rules and regulations of the ASEAN Centre for Energy.
Local staff, as referred to in Part II of these Regulations, will have the
same meaning as locally recruited staff in any other rules and regulations
of the Centre .
Chapter I. STAFF
REGULATION FOR ASEAN CENTRE FOR ENERGY
MEMBERS
A. COMPOSITION
The ASEAN Centre for Energy
shall consist of:
a) Executive Director
b) Openly Recruited Staff (will be referred to as staff
members); and
c) Locally Recruited Staff (which will be covered in
the Chapter II of this
Staff Regulation).
B. RECRUITMENT AND
APPOINTMENT
B.1 Executive Director
B.1.1 The Executive Director shall be appointed on the basis of the
decision of the Governing Council Meeting.
B.1.2 The tenure of office shall be three years, provided that the
Governing Council may extend the term of appointment.
B.2. Openly Recruited Staff
B.2.1 Openly Recruited Staff (ORS) in these Regulations means staff
members who are recruited to staff positions in the ASEAN Centre for
Energy through a process of public announcement in all ASEAN member
countries and a system of selection open to all suitably qualified
citizens of all ASEAN member countries.
B.2.2 The openly recruited
professional staff of the ASEAN Centre for Energy shall consist of:
a. Programme Managers
b. Administrative and Finance Manager
c. Project Managers
d. Such additional officers as the ACE Governing
Council may deem
necessary
The organizational structure of the ASEAN Centre for Energy, as approved
in the 4th ACE Governing Council Meeting on 19 March 2002, is shown in
Annex 1. The Centre as a permanent body has its existing organizational
structure. Any change of the organizational structure shall require the
approval of the Governing Council.
B.2.3 The Executive Director shall be responsible for all appointments of
and the issuance of contracts to all professional staff of the ASEAN
Centre for Energy.
B.2.4 The principal consideration in such appointments , shall be the
highest standards of professional efficiency, competence and integrity and
the equitable distribution of post among nationals of the ASEAN member
countries. Standards of professional efficiency, competence and integrity
shall be defined by the ASEAN Centre for Energy and strictly adhered to by
all Openly Recruited Staff.
B.2.5 Open recruitment for
all vacant posts shall be governed by the following regulations:
B.2.5.1. A vacancy shall arise as soon as:
a) a staff member has, in accordance with the terms of
the staff member's
appointment, given notice of
resignation;
b) a staff member has been informed that the Executive
Director does not
intend to offer a renewal of the
staff member's contract when his or her
current term expires;
c) a staff member has informed the Executive Director
that he or she does
not intend to seek a renewal of the
contract;
d) a staff member is promoted;
e) a staff member dies;
f) a staff member is dismissed on disciplinary grounds;
or
g) a new post is created
B.2.5.2 Except in special
circumstances where the Executive Director has decided that only external
advertisements would be appropriate, vacant position shall be advertised
internally and externally simultaneously.
B.2.5.3 Internal advertisements will be made through a notice posted on
notice boards in each Division and circularized to all eligible staff.
B.2.5.4 In filling vacancies, fullest regard shall be accorded to the
requisite qualifications and experiences of persons already in the
service.
B.2.5.5 External advertisements shall be placed in leading English
newspapers in each member countries.
B.2.5.6 The Executive Director shall convene a panel to prepare a
shortlist of suitable candidates and arrange for interviews at a venue to
be determined by the Executive Director.
B.2.5.7 The Executive Director shall designate the Centre member to
conduct interviews of short-listed applicants. Member of the ASEAN Centre
for Energy shall have been trained in interview techniques and shall hold
positions at least one level higher than the advertised position. The
interview panel shall recommend a candidate for appointment, giving
reasons for the recommendation.
B.2.6 A Letter of
Appointment in two original copies shall be issued by the Executive
Director to the candidate whom he has decided to appoint. Letters of
Appointment shall state:
a). the nature of the appointment;
b). the date on which the staff member shall be required to assume the
post;
c). the period of appointment and the notice required to terminate it;
d). the salary and emoluments attaching to the post with the commencing
rate of salary;
e). the behavior deemed appropriate of a member of the ASEAN Centre for
Energy;
f). that the appointment is subject to the provisions of the Staff
Regulations and to changes made in such Regulations from time to time;
g). any special conditions which may be applicable; and
h). acceptance of appointment for signature by the appointee.
B.2.7. Before commencement
of appointment, a prospective staff member shall be medically examined by
a medical practitioner in the country of origin of the applicant or in his
or her country of residence. Such medical practitioners are to be
appointed or approved by the Executive Director. The prospective staff
member shall agree to the medical practitioner submitting to the ASEAN
Centre for Energy a full report in a standard format (as attached in Annex
2). Based on the report, the Executive Director may be satisfied that the
prospective staff member is fit to perform the required duties of his/her
position. In special circumstances, the Executive Director may require a
second medical examination by another medical practitioner appointed or
approved by the Executive Director.
B.2.8. Upon appointment, each staff member shall be provided with a copy
of the Staff Regulation of the Centre. Each staff member shall acknowledge
receipt of and complete comprehension of the terms and conditions of the
Staff Regulations. Acceptance of the appointment shall constitute an
agreement to be bound by the Staff Regulations and any amendments that may
be made from time to time.
B.2.9 Appointment to the ASEAN Centre for Energy shall be for an initial
term of up to three years, subject to renewal by the Executive Director,
with the total period of tenure including contract renewals not exceeding
six years at the same level. In case the exigencies of the service require
an extension, the Executive Director may extend the tenure beyond six
years at the same level.
B.2.10 The appointment of a staff member shall take effect from the date
on which he/she commences his/her duties at the ASEAN Centre for Energy.
B.2.11 Staff members on acceptance of appointment, shall make the
following oath or declaration:
" I solemnly swear (undertake, affirm, promise) to carry out with
loyalty, discretion and conscience the functions entrusted to me as a
staff member of the ASEAN Centre for Energy (ACE) and to discharge these
functions and regulate my conduct with the interest of the ACE utmost in
view, and further not to seek or accept instructions in regard to the
performance of my duties from any organization or other authority external
to the ASEAN Centre for Energy".
The contents and context of the oath are to be clearly explained to all
new staff members by the Administrative and Finance Manager. The staff
member of the ASEAN Centre for Energy shall then affix his/her signature
on the declaration before any competent authority approved by the
Executive Director.
B.2.12 Staff members shall be notified in writing whether they will be
offered further terms of employment. Such notice shall, as far as
practicable, be given to staff members not later than six months before
the date of expiration of their contracts. This Regulation shall not apply
to the following cases:
a) where a staff member will have attained the age of 60 years before or
at the date on which the contract expires;
b) where a staff member will have served a total period of tenure of six
years at the same level including a prior contract renewal and no new
appointment has been issued before or on the date on which the current
contract expires; or
c) where notice of dismissal is given .
B.2.13 Staff members shall not be retained in active service beyond the
age of 60 years. The Executive Director may, in the interest of the ASEAN
Centre for Energy, and subject to the approval of the Governing Council,
extend this age limit, but this shall not be the norm.
C. DUTIES AND
OBLIGATIONS
C.1. The ASEAN Centre for Energy members are at the service of ASEAN
countries collectively. Their responsibilities are not national but
exclusively ASEAN. By accepting appointment, they pledge themselves to
discharge their functions with strict impartiality and professionalism and
to regulate their conduct with the interest of the ASEAN always utmost in
view.
C.2. Centre members shall at all times exhibit professionalism at a level
reflective of the high status enjoyed by the ASEAN Centre for Energy in
the eyes of the international, regional, and local community.
C.3. Staff members are subject to the authority of the Executive Director
and to assignment by him or her to any of the activities of ASEAN and are
responsible only to him or her in the exercise of their functions.
C4. In the event a Staff member is pressured by his/her respective
government to perform, or not to perform, certain acts or actions that
bring with it direct or indirect benefit to the said country at the
expense of other member countries, and the performance or non-performance
of such acts or actions runs counter to the spirit of ASEAN, the concerned
Centre member is to immediately report such matter to the Executive
Director, who will advise him or her accordingly.
C.5. In the performance of their duties, members of the ASEAN Centre for
Energy shall neither seek nor accept instructions from any Government or
from any other authority external to the ASEAN center for Energy.
C.6. Staff members of the ASEAN Centre for Energy shall at no time engage
in any activity that is incompatible with the proper discharge of their
duties with the ASEAN. They shall avoid any action and any public
pronouncement that may adversely reflect on ASEAN. They shall at all times
bear in mind the high dignity of their status in service to the ASEAN
Centre for Energy.
C.7. Staff members shall exercise the utmost discretion in regard to all
matters of official business. They shall not communicate to any person or
organization any information known to them by reason of their official
position that has not been made public, except in the course of their
duties or by authorization of the Executive Director. Nor shall they at
any time use such information to gain advantage for themselves.
C.8. Staff members shall not perform, except in the normal course of
official duty or with prior written approval of the Executive Director,
any of the following acts, if such act relates to the purposes, activities
or interest of the ASEAN or any member country or has a bearing on their
position in the ASEAN Centre for Energy:
a). issue statements to the press, radio or other agencies of public
information;
b). accept speaking engagements;
c). take part in film, theater, radio or television productions; or
d). submit articles, books or other materials for publication.
C.9. Any staff member who
has been invited to speak at a public function not organized by the ASEAN
Centre for Energy shall, prior to the speaking engagement, be allowed to
do so upon obtaining the written approval of the Executive Director.
C.10. Centre members shall not engage in any political activity that is
inconsistent with or might reflect on the independence and impartiality
required by their status of being in the service of the ASEAN member
countries collectively.
C.11. No Centre member shall accept any honor, decoration, favor or gift
from any source external to the ASEAN Centre for Energy without the
written approval of the Executive Director. Any gift with a value of more
than US$ 100 shall be reported to the Executive Director and stored at the
ASEAN Centre for Energy and considered to be the property of the ASEAN
Centre for Energy.
C.12. Centre members are not allowed to personally receive remuneration
for speaking engagements that relate to the purposes, activities and
interest of ASEAN. Payment may be received for credit to the account of
ASEAN Centre for Energy.
C.13. Except for those employed under Secondment basis, whose tenures at
the ASEAN Centre for energy are governed by specific Terms of Reference,
Employment with the ASEAN Centre for Energy is full-time. No Centre member
may accept any concurrent post in any organization, public or private, nor
engage in any single, continuous or recurring outside occupation or
employment (including self-employment).
C.14. Staff members must notify the Executive Director or an official
designated by the Executive Director of the names, addresses, and
telephone numbers of their next kin and any change of their own home
addresses or telephone numbers.
C.15. The immunities and privileges granted by the host country to Centre
members are conferred in the interest of the ASEAN Centre for Energy in
performing their duties and functions and not for the personal benefit of
the individuals themselves. Great effort must be taken by all Centre
members to uphold the trust and confidence place in the ASEAN Centre for
Energy.
C.16 The immunities and privileges furnish no excuse to the Centre members
for non performance of their private obligations or failure to observe the
laws and police regulations of the host country. Host country laws and
regulations shall be respected at all times by Secretariat members.
C.17. The Executive Director shall take every precaution to ensure that no
abuse of any privilege or immunity shall occur. Whenever any question of
immunity arises, the Managers and staff members shall immediately report
the facts to the Executive Director, who shall decide whether immunity
should be waived.
D. WORKING TIME
D.1. The normal workdays
are Monday to Friday. The normal hours of duty on a workday are from 8.30
a.m. to 4.30 p.m., including time authorized for lunch, making a total of
forty hours per week. The normal lunch interval is one hour, from 12.00
a.m. to 1.00 p.m.
D.2. The Executive Director may establish different daily hours of duty
for certain staff members when the nature of work so requires.
D.3. Notwithstanding the hours of duty specified, the Executive Director
may require staff members to work extra hours or report for duty beyond
the normal work hours.
D.4. No special allowance shall be provided in respect of extra hours of
work by Centre members.
D.5. Records of attendance shall be kept in such forms as the Executive
Director may prescribe.
E. SALARY AND ALLOWANCES
E.1. The scale of salaries
and allowances of the Executive Director and ORS shall be prepared by the
ASEAN Centre for Energy based on the market studies and submitted to the
Governing Council for adoption.
E.2. Salaries shall be set to attract and retain highly qualified and
competent member of the ASEAN Centre for Energy and to motivate them to
render the highest standards of performance. Standards for highly
qualified and competent Centre members shall be clearly documented by the
ASEAN Centre for Energy and made available to all officers involved in the
selection and recruitment exercise.
E.3. The main basis for salary progression and promotion is on-the-job
performance, as determined through the performance planning and appraisal
process. The standard format of the Performance Planning and Appraisal is
attached as Annex 3.
E.4. Salary increases due to meritorious performance or promotion shall be
determined by the Executive Director, giving due regard to the performance
planning and appraisal report and recommendations of the immediate
supervisors concerned, such increases shall be given effective June 1 of
the succeeding appraisal period, pro-rated for periods of less than one
year of performance.
E.5. The ACE Governing Council shall also consider revising the salaries
of the Executive Director in line with any revision of salaries to the
ORS. The rates of salary increase shall depend on the amount of funds
allocated for such purpose by the ACE Governing Council. The Executive
Director may adjust the salary increase accordingly subject to the budget
provision. As a guideline, merit increases shall correspond to the ratings
given as follows:
-
Rating 1 – 9 % salary
increase
-
Rating 2 – 7 % salary
increase
-
Rating 3 – 5 % salary
increase
-
Rating 4 – 3 % salary
increase
E.6. The Executive Director
shall, in conformity with the guidance given from time to time by the
Governing Council, promulgate detailed administrative regulations relating
to the following:
a. payment of an outfit allowance on appointment;
b. travel, subsistence and removal cost of Centre members and their
dependents on taking up appointment, and on leaving the service of the
ASEAN Centre for Energy;
c. life insurance coverage for the Centre members for the duration
of residence in Indonesia;
d. furnished accommodations, or housing allowance in lieu of such
accommodation;
e. educational allowances;
f. conditions under which staff may draw on the common entertainment fund;
g. travel, subsistence and incidental allowances for Centre members
traveling on official business;
h. termination of service, including notice of termination of employment
and terminal grants; and
i. granting leave, including leave in the event of childbirth, illness or
other disability of Centre members, and other pressing situations and
payment of compensation that may be made to Centre members injured during
the performance of duties on behalf of the ASEAN Centre for Energy.
E.7 Allowances mentioned in
this section shall be payable to eligible Centre members in accordance
with the Financial Rules and these Regulations as follows:
E.7.1. Outfit Allowance.
The Centre members shall receive an outfit allowance payable at the time
of arrival for duty and on an outright grant basis at the rate notified
from time to time by the ASEAN Centre for Energy.
E.7.2. Travel Expenses on First Arrival and Completion of Contract.
Travel expenses on first arrival and completion of contract of the Centre
member and their spouse and dependent children, up to maximum of three
children who are less than 21 years of age, unemployed and unmarried shall
be the responsibility of the ASEAN Centre for Energy. These travel
expenses shall include hotel accommodation for up to 15 days on first
arrival and for three days before or immediately after completion of
contract. Reimbursement shall be made subject to actual cost incurred but
shall not in any case exceed the per diem applicable. The spouse and
dependent children of the Centre member shall be eligible for the same
class of travel as the Centre member.
E.7.3. Shipment of Household Goods
Each Center member is entitled to ship his/her household goods inclusive
of a motor vehicle by surface transportation, in up to one 40 foot (forty
foot) container from either ASEAN country of origin or point of
recruitment to Jakarta and from Jakarta to the home country after
completion of contract. For recruitment outside of ASEAN, the highest
shipment cost from the furthest ASEAN capital to Jakarta and from Jakarta
to the home country after completion of contract shall apply. This
privilege shall not be invoked before the Centre member severe his/her
contract with the Centre. If the Centre member does not transport his/her
car the entitlement would be limited to one 20 foot (twenty) foot
container only. In lieu of the foregoing, shipment by airfreight shall be
allowed up to the equivalent of the shipping cost of one 20 (twenty) foot
container. Any excess has to be borne by the Center member. The ASEAN
Centre for Energy shall pay the full cost of clearances at the port of
origin and destination. The ASEAN center for Energy shall also pay for
insurance premium not exceeding US$ 250 for personal effects and US$ 200
for one motor vehicle.
E.7.4. Housing Allowance
Executive Director and staff members shall receive a housing allowance at
the rates set from time to time by the ASEAN center for Energy upon
approval by Governing Council.
E.7.5. Excess of Rental Ceiling
In the event Centre member encounters exceptional difficulties in finding
suitable accommodation, the Executive Director, on being satisfied that
this is the case, may authorize the payment of a housing allowance in
excess of the maximum amount prescribed. The Centre member shall obtain
the prior approval of the Executive Director before any commitments are
made between the staff member and the landlord. The percentage above the
maximum rent allowance within which the Executive Director may exercise
discretion under this regulation shall not exceed 20 %.
E.7.6. Suitability of Accommodation
Before entering into any commitment for accommodations, staff members must
obtain the approval of the Executive Director who shall make into account
the suitability of the accommodation and the terms of the proposed lease
or any variation of lease.
E.7.7. Lease Agreement
The Lease Agreement shall be signed by the Centre member concerned for
his/her own lessees and shall be personally responsible for complying with
the terms of the lease agreement. A standard format for such agreements
shall be provided by the Centre. The Centre shall not be a party to the
terms of the agreement.
E.7.8. Advance Rental Payment
The Executive Director may approve advance payment of up to two years
rental, provided no increase in rent is made during that period. Rental
payment should be made by the ASEAN Centre for Energy through bank
transfer to the account of the landlord of the Centre member.
E.7.9. Onus of Repairs
The Centre members shall endeavour to ensure that the tenancy agreement
concluded places on the landlord the responsibility for repairs of
furniture, equipment and household fittings.
E.7.10. Accommodation Owned
by Centre member
Centre members occupying accommodations owned by them or members of their
families shall be paid 50 % of the maximum rent allowance prescribed.
E.7.11. Utility Charges
Centre members shall receive an electricity utility allowance by way of
reimbursement of actual charges paid according to the following rates:
Executive Director: Full reimbursement of actual charges.
Managers: 50 % of actual charges but not exceeding US$ 300 per month,
whichever is less.
Staff members : 50 % of actual charges but not exceeding US$ 200 per
month, which ever
is less.
The above rates may be fixed by the ASEAN Center for Energy from time to
time taking into account any rate changes made by the electricity company.
For the purpose of securing reimbursement, Staff members must complete the
standard form provided which must be supported by appropriate receipts.
E.7.12. Telephone Charges
Any official long distance and overseas calls made by Centre members shall
be reimbursed as per their telephone bills.
E.8. EDUCATION RELATED
ALLOWANCES
E.8.1. Entitlement
Education allowance shall be paid for a maximum of three dependent
children who are less than 21 years of age, unmarried and unemployed. This
allowance shall cover up to 85 percent of the actual tuition fee for
kindergarten, primary and secondary education.
The ASEAN Centre for Energy is responsible for reimbursement up to 85 %
kindergarten education provided that the child is above the age of four
and a half and prerequisite for primary education. Such reimbursement
should not exceed US$ 5000 per school year.
Education allowance shall be paid periodically according to the school
schedule on a reimbursement basis.
E.8.2. Home Country Education
In exceptional cases, formal primary and secondary education may also be
undertaken in a Centre member’s home country and, as determined
appropriate by the Executive Director, in other member countries, but the
amount reimbursable shall not exceed the school fee applicable for the
Jakarta International School (JIS). In the event the fee in the home
country or member country is higher than that charged by JIS for a
particular level of education, the Centre member shall bear the
difference.
E.9. Entertainment Allowance
Claims for reimbursement of official entertainment shall be subject to the
maximum amount set by the Executive Director. In all cases, a statement
indicating the names of guests, their designations and the purpose of the
entertainment, together with official receipts or a certified claim, shall
support claims.
E.10. Transport and Travel on Duty
E.10.1 Official Travel
The cost of official travel by the Staff member at the direction of the
Executive Director shall be the responsibility of and be borne by the
ASEAN Centre for Energy.
E.10.2 Travel Authorization
The Executive Director shall be the approving authority for all official
travel, both within and outside Indonesia. In the absence of the Executive
Director, the Officer-in-charge (OIC) shall approve the travel.
E.10.3 Preparation of Official Travel Plans
All Centre members shall be required to prepare official travel plans on a
six-month basis for submission to and approval by the Executive Director.
Such plans are to be submitted at the beginning and mid-period of each
fiscal year. Any revision to the approved travel plans must be supported
by detailed justification.
E.10.4 Class of Travel for Staff Member
Centre members shall be eligible for the classes of travel prescribed
under the Financial Rules.
E.10.5 Actual Travel Accommodation
If a Centre member or his/her dependent travels by more economical
transportation than the approved standard, the ASEAN Centre for Energy
shall pay only for the transportation class actually used at the rate paid
by the traveler, to be supported by official receipts or a certified
claim.
E.10.6 Per Diem Calculation
In the calculation per diems, official travel shall cover the duration on
the meeting plus one day. The Executive Director shall have the authority
to make adjustments on case-by-case basis. In the event per diem is
provided by the host government or by any other body, the Centre member
shall not forward a claim to the ASEAN Centre for Energy for the same
purpose. Doing so shall be considered a serious offence, and subject to
disciplinary action.
E.10.7 Per Diem Settlement
Settlement of per diems and travel allowances shall be in accordance with
the Financial Rules.
E.10.8 Exchange Rate Determination
The Executive Director shall determine an exchange rate on the first day
of each calendar month for use in the settlement of travel expenses during
that month. This exchange rate shall be computed on the basis of the
official exchange rate prevailing in the country concerned.
E.10.9 Reimbursement for Official Travel by Public Transportation
Official travel by public transportation shall be reimbursed in full. All
claims for such reimbursement are to be supported by official receipts or
certified statements.
E.10.10 Special case
In case where Centre members fail to serve their full appointed term,
settlement of the above allowances shall be made in accordance with the
directive to be issued by the Governing Council on a case by case basis.
E.10.11 Medical Outpatient
Reimbursement
The Centre shall reimburse 100 percent of medical expenses incurred by
Centre members and their spouse and maximum of three children below the
age of 21 years old, unemployed and unmarried for consultation and
check-ups, out-patient treatment, and the attendant prescribed medication
subject to the following conditions:
a. Medical consultation is sought from a doctor belonging to a panel of
medical retainers approved by the Executive Director. Any subsequent
medical check-up should be approved by Executive Director.
b. Medical consultation required by a Centre member while he/she is
outside Jakarta can be sought from any medical practitioner/hospital.
c. Medical claims for non-prescribed medicines such as vitamins, dietary
supplements, and cosmetics, shall not be allowed.
d. Each request for reimbursement is to be supported by an official
receipt from a doctor belonging to a panel of medical retainers in Jakarta
approved by the Executive Director, or from the doctor consulted if the
consultation takes place outside Jakarta.
E.10.12 Dental and Eyeglasses Reimbursement
Dental treatment shall be reimbursed 80 percent, but only up to US$ 1,000
per family of Centre member per year with a carryover balance of up to US$
2,000 for the following year only.
Eyeglasses shall be reimbursed 80 percent up to US$ 250 per family of
Center member every 2 years, with an additional US$ 80 for lenses if eye
focus changes more than 0.5 with doctor’s prescription
E.10.13 Illness or Accident During Travel Outside ASEAN Countries
In so far as these are not covered by other arrangement, the ASEAN center
for Energy shall pay or reimburse reasonable hospital and medical expenses
which may be incurred by center member who become ill or are injured while
on travel status on ASEAN business outside ASEAN countries subject to
approved ceilings stipulated in the Financial Rules.
E.10.14 Childbirth
The ASEAN Centre for Energy shall reimburse the actual cost of childbirth
by a center member or a Centre member’s spouse at any hospital or anywhere
in Indonesia, or the Centre member’s home country. An official receipt
from the hospital or maternity home shall support claims for reimbursement
of such expenses.
A center member shall be eligible for childbirth coverage only after one
year of service.
F.OTHER BENEFITS
F.1. Holidays
F.1.1 Weekends
The ASEAN Centre for Energy operates on weekdays and is closed on Saturday
and Sunday.
F.1.2 Public Holidays and National
The ASEAN Centre for Energy is also closed on Indonesian public holidays
and on ASEAN Day, August 8.
F.2. Annual Leave
F.2.1 Leave Authorization
Annual leave is granted with the prior authorization of the Executive
Director and is subject to the exigencies of the service.
F.2.2 Leave Entitlement
A Centre member is entitled to annual leave with full pay amounting to 21
working days for every year of service. In the first year of service, the
amount of annual leave for which he/she is entitled shall be at the rate
of 1.75 days per month of completed service.
F.2.3 Calculating Leave Entitlement
Saturdays, Sundays and public holidays observed by the ASEAN Centre for
Energy shall not be reckoned when calculating leave entitlement.
F.2.4. Annual Leave Year Period
A Centre member’s annual leave allowance is related to the leave year,
which runs from 1 January to 31 December.
F.2.5. Pro-rata Allowance of Annual Leave
A Center member joining or leaving the service of the ASEAN Centre for
Energy through a leave year will receive an annual leave pro-rata
allowance rounded up to the nearest half day.
F.2.6. Scheduling of Annual Leave
Staff members are responsible for ensuring a satisfactory level of service
in their respective offices at all times. Staff Members are therefore
required to inform the Executive Director as early as possible of the
period of the year in which they wish to take annual leave of one week or
longer. Failure to do so will increase the risk of a request for annual
leave at a particular period being declined. Subject to exigencies of
service, reasonable effort will be taken by the Executive Director to
approve the leave applied for.
F.2.7. Contact Address
Before commencing leave, each staff member shall notify his/her supervisor
concerned of a contact address and telephone/fax number in the country
where the staff member will be on holiday for use in emergencies.
F.2.8. Accumulation of Leave
Annual leave that is not taken in a given year can be used in the
following year, subject to a maximum accumulation of two times twenty-one
(2x21) days or 42 days.
A Centre member who is not able to obtain leave shall, upon completion of
his/her contract, be paid in lieu of his/her accumulated leave up to a
maximum of 10 days subject to the approval of the Executive Director. The
Administrative and Finance Manager shall bring the amount of leave to the
attention of the Executive Director three months before the leave is due
so that an attempt can be made to utilize the leave. The rate per day will
be the monthly salary multiplied by 12 and divided by the total number of
working days of the year.
Notwithstanding the above, staff member shall make all efforts to take
their annual leave in full.
F.3 Home Leave Passage
Entitlement
F.3.1 Rational
The ASEAN Centre for Energy shall facilitate periodic visits by eligible
member of the ASEAN Centre for Energy and their dependents to their home
countries in order to maintain association with their home cultures.
F.3.2 Passage Entitlement
Home leave passage may be granted to an eligible Centre member only after
he or she completes at least three years of continuous service and if the
Centre member’s contract is renewed for a period exceeding one year.
The ASEAN Centre for Energy shall bear the cost of economy airfare by the
most direct route for the center member, spouse and up to three children
below 21 years, unemployed and unmarried.
F.3.3. Home Leave Passage Usage
Any eligible Centre member may utilize home leave passage in conjunction
with any outstanding leave that he/she is entitled to during the term of
first contract. If there is no outstanding leave, home leave passage taken
will be considered as an advance annual leave entitlement.
F.3.4. Use of Annual Leave Entitlement For Home Leave
Centre member eligible for home leave passage may accumulate up to a
maximum of 42 days annual leave for the purpose of taking home leave. The
amount of annual leave carried forward for this purpose shall be notified
by the member of the ASEAN Centre for Energy to the supervisor concerned
on or before the fifteenth day of December in every year to avoid
forfeiture.
F.3.5 Country of Home Leave
The country of home leave shall be the country of the eligible Centre
member’s nationality.
F.3.6 Notice Period
Application for the home leave shall be submitted to the Executive
Director with the endorsement of the supervisor of the staff member at
least three months before the date of intended departure.
F.4. Special Leave, Maternity Leave and Sick Leave
F.4.1 Special Leave
Special leave with pay may be authorized by the Executive Director up to a
maximum of five working days per annum to enable a Centre member to deal
with a special occasion in the immediate family.
A Centre member may be granted special leave with full pay for the
following reason:
-
Wedding (first spouse only)
3 days
-
Birth of child 2 days
-
Wedding of child 2 days
-
Death of spouse or child 3
days
-
Death of parent,
parent-in-law, brother or sister 2 days
-
Circumcision/baptism of
child 1 day
F.4.2. Maternity Leave
Sixty calendar days maternity leave shall be granted only three times
during the term of service with full salary, on presentation of a valid
medical certificate.
Maternity leave shall not be reckoned against a Centre member’s sickness
entitlement. However, if during a period of maternity leave, the Centre
member fall sick, paid sick leave shall not be granted once paid maternity
leave has begun.
F.4.3 Sick Leave
Sick leave shall be granted for a maximum of 30 calendar days per year
with full salary and allowances based on the statement of an authorized
medical doctor. Any further leave shall be deemed annual leave and
deducted from the annual leave eligibility of the center member.
Sick leave is not applicable on Saturday, Sunday and public holiday. No
substitution shall be granted thereto.
F.4.4. Sick Leave
Certificate
To qualify for paid sick leave, a Centre member is required to provide
certificates as follows:
-
1-2 days absence: A
certificate form a medical doctor
-
3 or more days absence: A
medical certificate form a doctor belonging to a panel of medical
retainers approved by the Execuitve Director is required and shall be
forwarded to the Senior Officer Human Resources and Administration on the
day of the staff member’s return to work.
Failure to provide the
necessary certificate may effect a Centre member’s paid sickness
entitlement and may subject to center member to disciplinary proceedings,
including pro-rata deductions from his or her salary according to the
number of days absent from work.
F.4.5. Extended Illness
An employee who can not perform work because he is hospitalized or under
doctor’s care, as attested to by an authorized medical doctor, shall be
paid according to the following:
-
First 2 months of sickness:
100 % of salary
-
Third to fourth months: 75
% of salary
-
Fifth to sixth months of
sickness: 50 % of salary
F.4.6. Continuous Illness
Leave
After six months of continuous illness leave, a Center member shall be
honorably discharge with three months notice and shall be given prorated
gratuity allowance.
F.5. Social Security
F.5.1. Coverage
Centre members shall be eligible for social security benefit covering
health protection and reasonable compensation in the event of illness,
accident or death attributable to the performance of ASEAN duties, in
accordance with the Insurance Plan.
F.5.2. Death/Accidental
Death And Disablement/Dismemberment
The ASEAN Centre for Energy shall provide life insurance coverage,
accidental death and disablement/dismemberment insurance scheme for Centre
members, but not their families, with maximum coverage equivalent to 24
months of basic salary.
In case of death while still on duty at the ASEAN Centre for Energy, the
spouse, children or next of kin of the deceased, are entitled to receive
an indemnity allowance equivalent to two months salary.
F.5.3. Special Case
In the case of a Centre member whose death is not covered by the insurance
scheme of the ASEAN Centre for Energy, the ASEAN center for Energy shall
pay two months salary to his or her family as death gratuity.
The remains of the deceased shall be flown by the first available flight
of any carrier to his or her home country at the expense of the ASEAN
Centre for Energy. Return air passage shall also be provided by the ASEAN
Centre for Energy to the spouse, all children under 21 years of age
(unmarried and unemployed).
F.5.4. Accidental Benefit
The ASEAN Centre for Energy shall provide accident insurance for each
Centre member.
F.5.5. Hospitalization
A hospitalization insurance scheme (excluding dental operation) for the
Centre member and dependent shall be provided by the ASEAN Centre for
Energy.
F.5.6. Gratuity
A Centre member who remains in the service of the ASEAN Centre for Energy
until his/her contract is fully served shall receive a gratuity for each
completed year of service; payable at the end of each contract period of
prorated if such Centre member’ service is terminated for medical reasons
or through voluntary resignation.
All gratuities shall amount to 17.5 % of the basic salary for each
completed year of service or prorated for period of less than one year.
G. PERFORMANCE PLANNING
AND APPRAISAL SYSTEM
G.1. The Executive Director
may make appropriate provisions for the conduct of an annual performance
planning and appraisal exercise in respect of all staff members for
purposes of:
-
Planning and establishing
work priorities for each staff member in the light of the broad goals and
objectives of the Centre;
-
Motivating, monitoring and
providing feedback on the performance of staff members of the Centre;
-
Identifying areas of
competence for further improvement;
-
Awarding salary increments;
-
Renewing contracts;
-
Considering the staff
members suitability for appointment to higher positions;
-
Terminating contracts.
G.2. The performance
planning and appraisal process shall have two components: performance goal
setting and assessment of performance relative to the performance goals.
a) During the first month of each calendar year, every staff member in
consultation with his/her immediate supervisor, shall identify performance
goals that directly contribute to or support the achievement of his/her
unit’s goals and objectives.
b) During the second and last quarter of each year, the performance of
every staff member shall be reviewed and assessed by his/her immediate
supervisor in relation to the performance goals previously agreed upon.
The results of the appraisal shall be discussed between the staff and
his/her immediate supervisor.
G.3. The performance planning and appraisal processes shall be geared to
give the staff member the formal occasion to discuss with the supervisor:
-
Review of the suitable of
performance goals;
-
Areas of strength on which
to build;
-
Areas of performance
requiring further development; and
-
Review of changes to
performance goals resulting from unplanned changes or contingencies.
G.4 The process shall
involve the use of an individual Performance Planning and Appraisal Form
to be completed by the staff member's immediate supervisor, discussed with
the concerned staff member, and submitted to the Executive Director for
final review and approval.
G.5 A staff member who receives a rating of "Outstanding" (1) for two
consecutive rating periods shall be eligible for appointment to the next
level.
G.6 A staff member who receives a rating of worse than rating 4 for two
consecutive rating periods shall not be eligible for a renewal of contract
for the same post.
G.7 A staff member who receives Category 5 rating (i.e. At times Meet Some
of the minimum Expectation of the Performance Plan) shall not be eligible
for a merit increase.
G.8. A staff member who receives a rating of “Needs Constant Supervision
and Guidance Unsatisfactory” (7) shall be counseled by his/her immediate
supervisor. In the event there is no improvement in performance, the staff
member shall be subject to separation from the service.
G.9. Performance appraisal of professional staff shall undergo a
second-level review before being finalized. For this purpose, a special
Management Review Group (MRG) shall be formed with the members selected by
the Executive Director.
H. JOB EVELUATION AND
POSITION CLASSIFICATION SYSTEM
H.1. The Executive Director
may take appropriate provisions for the evaluation and classification of
post according to the nature of the duties and responsibilities of the
posts and, the position’s contribution to the achievement of
organizational goals, qualifications, and competencies required for the
posts. The guidelines for conducting job evaluations and the position
classification system are to be encompassed in the Human Resources Manual
of the ASEAN Secretariat.
H.2. A Management Review Group (MRG), whose members shall be selected by
the Executive Director, shall give advise on the process of positions
classification in the ASEAN Centre for Energy.
H.3. It shall be the duty of the MRG, on its own accord or on the request
of a Manager or staff member (through the Manager) of any Division, to
review the classification level posts, assess any proposals for
reclassification, and make recommendations to the Executive Director. In
the discharge of its duty, the MRG may seek expert advice on job analysis
and evaluation techniques.
I. DISCIPLINARY
PROCEDURES
I.1. The Executive Director may impose disciplinary measures on staff
members whose conduct is unsatisfactory. He may summarily dismiss a staff
member for major offences.
I.2. The Programme Managers are responsible for maintaining discipline
among staff members under their general supervision.
I.3. Failure by a staff member to comply with the Staff Regulations or
other administrative issuances, or to observe the standards of conduct
expected of a professional staff, may amount to unsatisfactory conduct
leading to the institution of disciplinary proceedings and the imposition
of disciplinary measures for misconduct.
I.4. Listed below are examples (not an exhaustive enumeration) of acts or
omissions that may render a staff member subject to disciplinary
procedures or termination of employment:
MINOR OFFENCES
include acts or omissions affecting:
a. attendance;
b. time-keeping;
c. tardiness;
d. performance of duties;
e. compliance with Staff Regulations;
MAJOR OFFENCES
may result in termination of employment. These offences include:
a. Violation of oath;
b. Furnishing false or falsified information when endorsing a work
agreement;
c. Drunkenness or possession or consumption of prohibited drugs and
substances within the office or office vehicles, or during the course of
duties;
d. Involvement in theft, embezzlement, fraud, or trading of illegal
merchandize;
e. Committing an atrocious assault, insult rudeness, threat or blackmail
against a member of the staff or his/her family;
f. Committing immoral acts harmful to the morale and good working
environment of the Centre;
g. Uninvited and unwelcome verbal or physical conduct directed at an
employee because of his or her sex e.g. asking for sexual favors, lewd
actions or remarks, attempts to outrage the modesty of co-worker;
h. Gambling activities within the office premises;
i. Sexual activities within the office premises;
j. Possession of a weapon for purpose of committing a criminal act,
inciting or provoking a fight, or engaging in a fight within or around the
office premises;
k. Willful or negligent destruction of office property or placing property
in a
dangerous position;
l. Willful or negligent destruction or allowing himself, herself or a
fellow worker, to be unable to work, or to place other person in a
dangerous situation;
m. Sponsoring, preparing or attending illegal meetings, or preparing
pamphlets, brochures or other material which are harmful to the name of
the office or the government;
n. Falsification of office documents, reports or information for a
purposes which is detrimental to the office;
o. Returning from leave past the reporting date without a valid reason;
p. Failure to report for work for 5 consecutive days or 5 inconsecutive
days without permission;
q. Divulging office secrets;
r. Defaming an officer of the office and members of his or her family;
s. Misuse of office facilities i.e. airport pass, Diplomatic ID, CD car
number plate, Duty Free card, office vehicles, etc.;
t. Receiving bribes or any other benefit, whether in the form of money,
goods or services, form any person or organization which might as a result
receive preferential treatment from the employee or the organization;
u. Serious breaches of Staff Regulation.
I.5. In accordance with the
following regulations, different disciplinary procedures shall apply,
depending on the act or omission of which the staff member is found
guilty.
MINOR OFFENCES
I.5.1. The staff member
will be counseled by the immediate supervisor in the first instance. Prior
to the counseling session, the immediate supervisor shall truly
familiarize himself/herself with all aspects of the offence. The
counseling session is to be conducted according to principles of
counseling.
I.5.2. The supervisor will refer a repetition of the same or similar act
or omission to the Programme Manager of the staff member concerned who
shall give the staff member an opportunity to comment or give an
explanation. If the Programme Manager is satisfied that the staff member
has committed an act or omission for which the staff member is subject to
disciplinary procedures, the Programme Manager shall issue a first letter
of warning to the staff member stating that a repetition of the act or
omission will result in the matter being reported to the Executive
Director.
I.5.3. If the staff member repeats the act or omission, the Programme
Manager shall report to the Executive Director in writing, with a copy to
the staff member.
I.5.4. The Executive Director shall meet the staff member hearing any
statement by or on behalf of the staff member and being satisfied, that it
is warranted, the Programme Manager shall issue a second letter of warning
to the staff member.
I.5.5. Reasons for the second letter of warning shall be clearly stated,
including details of occurrence of the act or omission.
I.5.6. The second letter of warning shall state the period during which
the warning will remain on file, and shall indicate the next action that
will likely be taken, subject to consideration by a Disciplinary Board
that will be constituted at the appropriate time.
I.5.7. Should the staff member repeat the same act or omission or commit a
like act or omission after the issuance of second letter of warning, the
Programme Manager shall recommend to the Executive Director the convening
of Disciplinary Board, which shall deliberate on the matter. The Board
appointed by the Executive Director, shall consist of:
a) The Administrative and Finance Manager, who shall be Chairman;
b) Two Programme Managers from the Division other than in which the staff
member is employed; and
c) An Officer designated by the Executive Director.
The Board members must be at least one level higher than the staff member
being reviewed. The Programme Manager of the offender should not sit on
this Board.
I.5.8 The Board may take any of the following actions:
a) issue an official reprimand;
b) withhold an increment; or
c) recommend to the Executive Director the termination of the staff
member's employment;
I.5.9. The staff member shall have the right to attend the Board meeting
and make submissions, orally or in writing, to the Board. If necessary,
the Board may call witnesses.
I.5.10.The recommendation of the Board shall be sent to the Executive
Director, who shall communicate the final decision in writing to the staff
member.
I.5.11.If not satisfied with the decision, the staff member may appeal in
writing to the Executive Director within one week. The Executive Director
shall make the final decision.
I.5.12 In view of the international stature of the ASEAN Centre for
Energy, if any
infringement of discipline by any staff member shall be taken in the most
serious
manner.
MAJOR OFFENSES
I.5.13 The immediate
supervisor who becomes aware of a staff member committing a major offense
shall immediately report it to the Programme Manager concerned. The report
shall be in writing, giving the details of the act or omission including
the time and place of occurrence and, where applicable, the names of
witnesses.
I.5.14 The Programme Manager, within one week, carry out an investigation
of the reported act or omission and submit a written report to the
Executive Director with a copy to the staff member concerned.
I.5.15 The Administrative and Finance Manager shall meet the staff member
to consider the report. If necessary the Programme Manager concerned shall
be present at this meeting. The Programme Manager shall minute any
statement made by or for the staff member.
I.5.16 The Administrative and Finance Manager shall determine whether
there is any substance in the allegation made against the staff member to
warrant an answer from the staff member. If the Administrative and Finance
Manager determines that there is none, the staff member and the Programme
Manager concerned shall be advised in writing, and the matter shall be
regarded as closed.
I.5.17 If the Administrative and Finance Manager determines there is
substance to the allegation to warrant an answer from the staff member, an
appropriate recommendation shall be made to the Executive Director, who
may convene a Disciplinary Board. The staff member may be suspended
without pay pending the outcome of the Disciplinary Board proceedings,
depending upon the gravity of the committed offence.
I.5.18 As directed by the
Executive Director, the Administrative and Finance Manager shall then
convene a Disciplinary Board to consider the allegation made and the
relevant evidence, to hear the staff member and to take appropriate
action. The Disciplinary Board appointed by the Executive director shall
consist of:
a) The Administrative and Finance Manager, who shall be chairman;
b) Two Programme Managers from Divisions other than those in which the
staff member is employed.
c) An Officer designated by the Executive Director shall act as
facilitator in the Board.
I.5.19 The Board may recommend to the Executive Director any of the
following actions:
a) terminate the staff member's appointment (with or without notice);
b) suspend the staff member for a specific period with loss of pay;
c) with hold one or more future increments;
d) issue an official reprimand
e) dismiss the allegation and remove the suspension.
I.5.20 The Executive Director's decision shall be communicated in writing
to the staff member by the Administrative and Finance Manager, who shall
also notify the Manager of the staff member concerned.
I.5.21 A staff member who is not satisfied with the decision may appeal in
writing to the Executive Director within one week from the date of receipt
of the written decision.
J. TERMINATION POLICY
J.1. The Executive Director
may terminate the appointment of a staff member if the needs of the
service require abolition of the post or reduction in the staff, if the
services of the staff member prove unsatisfactory, or if the staff member
is, for reasons of health, incapacitated for further service.
J.2. The Executive Director may also terminate the appointment of a staff
member:
-
If the conduct of the staff
member does not meet the highest standards of integrity required under
these Regulations;
-
If facts anterior to the
appointment of the staff member and relevant to the staff member's
suitability come to light which, if they had been known at the time of
appointment, should have precluded the staff member's appointment under
the standards provided in these Staff Regulations;
-
If such action would be in
the interest of the good administration of the ASEAN Centre for Energy.
J.3. When the Executive
Director terminates the services of a staff member; notice of termination
shall be given in writing within three months or with one month salary in
lieu of notice, stating the reasons for the termination.
J.4. Where a staff member's performance and /or attendance is
unsatisfactory and it appears that health factors may contribute to this,
the Programme Manager of the staff concerned shall refer the matter to the
Administrative and finance Manager. The Administrative and Finance Manager
may also initiate action, if a staff member's recorded absence due to
illness appears unusual or excessive.
J.5. Before considering
recommending the termination of a staff member's services on medical
grounds, the Administrative and Finance Manager shall require the staff
member to obtain from a doctor, of the Centre's choice, written report and
assessment of the staff member's condition, specifically his or her
ability to return to full-time employment and maintain an acceptable level
of attendance. Failure on the part of the staff member to agree to this
requirement may result in termination of service.
J.6. When the report is received from the doctor, the contents will be
conveyed to the staff member concerned.
J.7. When the Executive Director terminates a staff member’s service on
medical grounds prior to his or her contract’s expiry, the minimum period
of notice shall be three months. The staff member shall be paid a
gratuity.
J.8. When a staff member's service is terminated on the grounds of
redundancy prior to his or her contract’s expiry, the minimum period of
notice shall be three months. The staff member shall be paid a gratuity.
J.9. When the Executive Director terminates a staff member’s service on
the ground of unsatisfactory performance, the minimum period of notice
shall be three months. The staff member shall receive a gratuity.
J.10. No notice of
termination shall be required and no gratuity shall be given if the staff
member's service is terminated on disciplinary grounds.
J.11. Staff members may resign from the ASEAN Centre for Energy upon
giving the Executive Director the notice required under the terms of
appointment. Where the letter of Appointment does not provide for such
notice, the minimum period for giving a notice in writing to the Executive
Director shall be three months. In case the staff member gives less than
three months notice, he or she shall forfeit a month’s salary. The
resigning Manager and staff member shall be paid a gratuity.
J.12. Compulsory retirement shall be upon reaching 60 years of age. The
Executive Director may, in the interest of the ASEAN Centre for Energy,
extend this age limit subject to the approval of the ACE Governing
Council.
J.13. Any staff member who so requests shall, on leaving the service of
the ASEAN Centre for Energy, be given a statement relating to the nature
of his/her duties and the length of his/her service. On the staff member’s
written request, the statement shall also refer to the quality of his/her
work and his/her official conduct.
J.14. In the event of separation from the ASEAN Centre for Energy, a staff
member who has received any rental advance shall repay such advance to the
ASEAN center for Energy before such separation takes place. If necessary,
the ASEAN Center for Energy may deduct such due amounts from the salary
due to the staff member.
K. GRIEVANCES SETTLEMENT
K.1 Should staff members
wish to seek redress of grievances relating to their employment which have
not been satisfactorily and speedily resolved, they should set out the
nature of their grievances in writing and submit it to the Executive
Director.
K.2 The Executive Director shall deal with the grievances as expeditiously
as the
circumstances permit.
Chapter II. STAFF
REGULATION FOR LOCALLY RECRUITED STAFF
MEMBERS
L. COMPOSITION
L.1. Locally Recruited Staff
L.1.1. Locally Recruited Staff (LRS) shall by definition be recruited
locally and shall be nationals of Indonesia or other ASEAN citizens
residing in Jakarta.
L.2. The Locally Recruited Staff (LRS) shall consist of:
L.2.1. Professional Locally Recruited Staff
-
Technical Officer
-
Technical Assistant
L.2.2. Supporting Locally
Recruited Staff
-
Administration: Assistant,
Secretary, Clerk, Operator
-
General Affairs: Technician,
Security, Messenger, Driver, and Office Assistant.
L.2.3 Persons employed as
Locally Recruited Staff shall perform duties established by position
descriptions.
L.2.4 The selection criteria
for professional Locally Recruited Staff should stress stringent academic
qualifications, in the form of bachelor degree in a relevant field,
normally representing five to six years of university studies. The
required level of experience should match the established level of the
post.
L.3. Temporary Assistance
Subject to the availability of funds, temporary assistance may be arranged
through short-term appointments in replacement of Locally Recruited Staff
members on extended sick leave or maternity leave. Such appointments,
which are governed by the Staff Regulations, are made at a regular level
and step of the salary scale applicable to the Local Recruited Staff and
shall not exceed six months.
L.4. Staff Under External Funding Attached to ASEAN Center for Energy
L.4.1. Any Locally Recruited Staff member recruited under external funding
stationed at the ASEAN Centre for Energy shall be subject to the
provisions of the Staff Regulations and Financial Rules where applicable.
M. RECRUITMENT AND
APPOINTMENT
M.1 The Executive Director
shall authorize the recruitment and appointment and issue contracts of
service to all Locally Recruited Staff of the ASEAN Centre for Energy.
M.2 The principal considerations in the appointments of Locally Recruited
staff to the ASEAN Centre for Energy shall be the highest standards of
professional efficiency, competence and integrity. Standard of
professional efficiency, competence and integrity shall be defined by the
ASEAN Centre for Energy and strictly adhered to by all Locally Recruited
Staff.
M.3 Locally Recruited Staff candidates must meet the qualification
requirements set by the Executive Director. They shall be proficient in
written and spoken English.
M.4. The age for employment shall be at least eighteen years.
M.5 Recruitment for all vacant
posts for Locally Recruited Staff shall be governed by the following
regulations:
M.5.1 A vacancy shall arise as
soon as:
a) A Locally Recruited Staff
member has, in accordance with the terms of his/her appointment, given one
month notice of resignation or notice of intention not to accept an
extension or renewal of his/her contract;
b) The Locally Recruited Staff member has been informed that the Executive
Director does not intend to offer a renewal or extension of the Locally
Recruited Staff member’s contract when its term expires;
c) A Locally Recruited Staff member is promoted;
d) A Locally Recruited Staff member dies;
e) A new post for Locally Recruited staff in the ASEAN Centre for Energy
is created; or
f) A Locally Recruited Staff member is dismissed on disciplinary grounds.
M.5.2 Any vacant positions
shall be advertised internally within the ASEAN Centre for Energy and
externally through the local media in Jakarta simultaneously.
M.5.3 Internal advertisements shall be made through the issuance of an
internal circular.
M.5.4 In filling vacancies, fullest regard shall be accorded to the
requisite qualifications and experiences of persons already in the
service. This in no way should impede or hamper fair opportunity for new
applicants.
M.5.5 External advertisements
shall be placed in at least one leading local media in Jakarta as well as
the ASEAN Centre for Energy Web page.
M.5.6 For the purpose of advising on recruitment and appointment, the
Executive Director shall convene a Panel, including an officer from
Administrative and Finance Division. This Panel shall receive and
acknowledge replies from applicants, conduct preliminary screening and
interviews, prepare a short list of candidates, and make the final
recommendation for appointment by the Executive Director.
M.6 A letter of appointment shall be issued by the Executive Director to
the selected candidates. Letters of Appointment shall state:
-
the nature of appointment;
-
the date on which the Locally
Recruited Staff member shall be required to assume the post;
-
the period of appointment and
the notice required to terminate it;
-
the salary and emoluments
attaching to the post with the commencing rate of salary;
-
that the appointment is
subject to the provisions of the Staff Regulations and to changes made on
such Regulations from time to time;
-
the behavior deemed
appropriate for a member of the ASEAN Centre for Energy
-
any special conditions which
may be applicable; and
-
acceptance of appointment for
signature by the appointee.
M.7 Before being appointed, a
prospective Locally Recruited Staff member shall be medically examined by
a medical practitioner appointed or approved by the ASEAN Centre for
Energy. The prospective staff member shall agree to the medical
practitioner submitting to the ASEAN center for Energy a full report in a
standard format (as attached in Annex 2). Based on the report, the
Executive Director may be satisfied that the prospective local staff
member is fit to perform the required duties of his/her position.
M.8 If it is deemed necessary, prior to offering an appointment to a
prospective Locally Recruited Staff member, the ASEAN Centre for Energy
may seek a security clearance from the local police authorities. The
Executive Director may require such other clearance as it may deemed
necessary. In view of the nature of the functions performed by the ASEAN
Center for Energy, this condition shall not be waived under any
circumstances.
M.9 Successful candidates shall be appointed temporarily for a probation
period of three months. During this period, probationary Locally Recruited
Staff may be dismissed at any time without being given severance pay. The
reason(s) for dismissal shall be provided to the concerned party.
M.10 During the probation period, Locally Recruited Staff members shall
receive full salary for their respective positions and transportation
allowances. No medical benefit shall be given to the Locally Recruited
Staff during probation period.
M.11 After completing the probation period, Locally Recruited Staff may be
given permanent appointments on the recommendation of the Programme
Manager or other officer concerned.
M.12 Upon appointment to the Centre, each Locally Recruited Staff member
shall be provided with a copy of the Staff Regulations. Acceptance of the
appointment shall constitute an agreement to be bound by the Staff
Regulations and amendments that may be provided from time to time.
M.13 Locally Recruited Staff
members shall sign an acknowledgement slip certifying that they have read
and thoroughly understood the contents and will abide by the Staff
Regulations.
M.14 Locally Recruited Staff must sign a working agreement with the ASEAN
Centre for Energy for a period of up to three years, effective from the
end of probation period. Appointment to the ASEAN Centre for Energy shall
be on initial fixed-term contract of up to three years, subject to renewal
by the Executive Director. After six years tenure, the Locally Recruited
Staff member is considered to be on the permanent staff of the ASEAN
Centre for Energy.
M.15 A Locally Recruited staff member, on signing a working agreement with
the ASEAN Centre for Energy, shall subscribe to the following oath or
declaration:
“ I solemnly swear
(undertake, affirm, promise) to carry out with loyalty, discretion and
conscience the functions entrusted to me as a Locally Recruited Staff
member of the ASEAN Centre for Energy and to discharge these functions and
regulate my conduct with the interest of the Association of South East
Asian Nations (ASEAN) always utmost in view, and further not to seek or
accept instructions in regard to the performance of my duties from any
organization or other authority external to the ASEAN Centre for Energy”
This oath or declaration
shall be taken before the Executive Director or his authorized
representative.
M.16 After signing the
working agreement, a Locally Recruited Staff member is entitled to receive
full salary and other benefits and allowances in accordance with the
pertinent Regulations.
M.17 Locally Recruited Staff shall be notified in writing whether they
will be offered further extension of their tenure. Such notice will, as
far as practicable, be given not later than three calendar months before
the date of expiration of contract. This regulation shall not apply to the
following cases:
a) where a locally recruited staff member will have attained the age of 60
years before or at the date on which the contract expires;
b) where notice of dismissal on disciplinary grounds has been issued.
M.18 Locally Recruited Staff shall not be retained in active service
beyond the age of 60 years. The Executive Director may, in the interest of
the ASEAN Centre for Energy, and subject to the approval of the Governing
Council, extend or reduce this age limit due to health reasons, but this
shall not be the norm.
N. DUTIES AND
OBLIGATIONS
N.1 Locally Recruited Staff
of the ASEAN Centre for Energy are at the service of ASEAN countries
collectively. Their responsibilities are not national but exclusively
ASEAN. By accepting an appointment to the Centre, they pledge themselves
to discharge their functions with strict impartiality and professionalism
and to regulate their conduct with the interests of the ASEAN Centre for
Energy always uppermost in mind.
N.2 Locally Recruited Staff are subject to the authority of the Executive
Director and to assignment by him to any of the activities of the Centre
and are responsible only to him in the exercise of their functions.
N.3. In the performance of their duties, Locally Recruited Staff shall
neither seek nor accept instructions from any Government or from any other
authority external to the ASEAN Centre for Energy.
N.4 In the event certain parties pressure any Locally Recruited Staff
member, from within or outside the ASEAN, the member concerned is to
immediately bring the matter to attention of his/her immediate supervisor,
who shall immediately report the matter to the Executive Director for
appropriate action.
N.5 Locally recruited staff shall not engage at all times in any activity
that is incompatible with the proper discharge of their duties within the
ASEAN Centre for Energy. They shall avoid any action and any public
pronouncement which may adversely reflect on the ASEAN Centre for Energy.
They shall at all times bear in mind the high dignity of their status as
member of the ASEAN Centre for Energy.
N.6 Locally recruited staff shall exercise the utmost discretion in regard
to all matters of official business. They shall not communicate to any
person or organization any information known to them by reason of their
official position, which has not been made public, except in the course of
their duties or by authorization of the Executive Director. Nor shall they
at any time use such information to gain advantage for themselves.
N.7 Locally recruited staff
shall not perform, except in the normal course of official duty or with
prior approval of the Executive Director, any one of the following acts,
if such act relates to the purposes, activities or interests of the Centre
and all member countries or has a bearing on their position in the ASEAN
Centre for Energy:
-
issue statement to the
press, radio or other agencies of public information;
-
accept speaking
engagements;
-
take part in film, theater,
radio or television production; or
-
submit article, books or
other material for publication.
N.8 Locally Recruited Staff
shall not engage in any political activity that is inconsistent with or
might reflect on the independence and impartiality required by their
status of being in the service of the ASEAN member countries collectively.
N.9 No Locally Recruited
Staff shall accept any honor, decoration, favor or gift from any source
external to the Centre, without the approval of the Executive Director.
Any gift with a value of more than US$ 100 shall be reported to the
Executive Director and stored at the ASEAN Centre for Energy and
considered to be the property of the ASEAN Centre for Energy.
N.10 Except for those employed on Secondment basis, whose tenures at the
ASEAN Centre for Energy are governed by specific Terms of Reference,
Employment with the ASEAN Centre for Energy is full-time. No locally
recruited staff may accept any concurrent post in any organization, public
or private, nor engage in any continuous or recurring outside occupation
or employment except with the authority of the Executive Director.
N.11 Locally Recruited Staff must notify the Executive Director or an
official designated by the Executive Director of the name and address of
their next of kin and of any change of their own private address or
telephone number.
O. WORKING TIME
O.1 The normal workdays are Monday to Friday. The normal daily hours of
duty on a weekday are from 8.30 a.m. to 4.30 p.m., including time
authorized for lunch, making a total of forty (40) hours per week. The
normal lunch interval is one (1) hour from 12.00 AM to 1.00 PM.
O.2 The Executive Director may establish different daily hours of duty for
certain Locally Recruited Staff members when the nature of work so
requires.
O.3 Notwithstanding the hours of duty specified, the Executive Director
may require Locally Recruited Staff to work extra hours or report for duty
beyond the normal work hours.
O.4 Records of attendance shall be kept in such form as the Executive
Director may prescribe, to be prescribed by office notice.
O.5 Supporting Locally Recruited Staff working outside of normal work
hours shall be entitled to receive overtime allowances according to the
calculations and limitations prescribed in the Financial Rules of the
ASEAN Centre for Energy, as follows:
O.5.1 For safety and
efficiency of performance, the duration of overtime shall be limited to:
a) Maximum of six working hours on working days.
b) Maximum of ten working hours on Saturdays, Sundays and public holidays.
O.5.2 The total quantum of overtime allowance for each employee for one
month shall not exceed one month’s basic salary. In the event this quantum
is exceeded, the additional days worked will be considered “unrecorded
leave” to be taken and completed by the concerned Locally Recruited Staff
member’s immediate superior is required to certify the need for each
period of overtime.
O.5.3 The Administrative and Finance Manager may approve the assignment of
overtime work following a recommendation from the Programme Manager or
immediate supervisor of the Locally Recruited Staff member concerned. The
signature of the Locally Recruited Staff member’s immediate supervisor is
required to certify the need for each period of overtime.
O.5.4 The following
criteria shall be used to calculate the overtime pay for each hour of
overtime work performed:
1) Overtime rendered during normal working days = one (1) overtime hour
for each working hour.
2) Overtime rendered on Saturdays, Sundays = one and a half (1.5) overtime
hours for each working hour.
3) Overtime rendered on holidays = two (2) overtime hours for each working
hour.
P. SALARY AND ALLOWANCES
P.1. SALARY
P.1.1 The remuneration of
the Locally Recruited Staff member shall be governed by the same principle
as that of locally recruited staff in other international organization
i.e. the best prevailing conditions in the locality for nationals carrying
out functions of the same level.
P.1.2 Salary shall be set to attract and retain highly qualified and
competent Locally Recruited Staff and to evoke the highest standards of
performance.
P.1.3 Locally Recruited Staff salaries shall be paid in Indonesian
currency (Rupiah) according to the approved salary scale for Locally
Recruited Staff.
P.1.4 The main basis for salary progression and promotion is on-the-job
performance, as determined through the performance planning and appraisal
process. The standard format of the Performance Planning and Appraisal is
attached as Annex 3.
P.1.5 Salary increases due to meritorious performance or promotion shall
be determined by the Executive Director, giving due regard to the
performance planning and appraisal report and recommendations of the
immediate supervisors concerned, such increases shall be given effective
January 1 of the succeeding appraisal period, pro-rated for periods of
less than one year of performance.
P.1.6 The ACE Governing
Council shall also consider revising the salaries of the Executive
Director and Programme Managers in line with any revision of salary to the
LRS. The rates of salary increase shall depend on the amount of funds
allocated for such purpose by the Executive Director. The Executive
Director may adjust the salary increase accordingly subject to the budget
provision. As a guideline, the merit increases shall correspond to the
ratings given, as follows:
-
Rating 1 – 12.5 % salary
increase
-
Rating 2 – 10 % salary
increase
-
Rating 3 – 7.5 % salary
increase
-
Rating 4 – 5 % salary
increase
P.1.7 The Executive
Director may review and adjust the Locally Recruited staff salary
structure based on an annual survey of salary scales in the market.
P.1.8 The process of salary adjustment as a result of salary survey and
the position classification is spelled out in the Human Resources Manual
of the ASEAN Secretariat.
P.2. ALLOWANCES
P.2.1 The allowances and
benefits of the Locally Recruited Staff of the ASEAN Centre for Energy
shall be determined by the Governing Council, which may, from time to
time, on the recommendation of the Executive Director, review the scale of
salaries and allowances.
P.2.2 The Executive Director shall, in conformity with the guidance given
from time to time by the Governing Council, make detail administrative
regulations relating to the allowances and benefits of Locally Recruited
Staff. These may include:
-
Transportation allowance
-
Special meal allowance
-
Overtime pay
-
Lebaran or Christmas/New Year bonus (an additional
month salary)
-
Medical care in case of accident while on duty
-
Medical compensation in case of illness or childbirth
-
Dental and Eyeglass Reimbursement
-
Indemnity allowance
-
Life insurance
-
Annual leave
Allowances mentioned in
P.2.2 shall be payable to eligible Locally Recruited Staff in accordance
with the Financial Rules of the ASEAN Centre for Energy as follows:
P.2.2.1 Transportation Allowance
Each locally recruited staff shall be entitled to a monthly transportation
allowance In accordance with the approved rate.
P.2.2.2 Special Meal Allowance
Locally Recruited Staff who are on duty at Cengkareng Airport (Soekarno-Hatta
Airport) shall be entitled to a meal allowance at the approved rates.
P.2.2.3 Overtime Pay
Locally recruited staff working beyond normal office hours shall be
entitled to receive overtime allowance according to the calculation and
limitations specified in Regulations O.5.1 to O.5.4.
P.2.2.4 Additional Month
Salary
Locally Recruited Staff shall be eligible for an additional month salary
bonus. Such bonus shall be paid two weeks before the official Idul Fitri
or Christmas/New Year.
P.2.2.5 Medical care in Case of Accident
Locally recruited staff shall be entitled to medical care in case of
accident while on duty in the service of the ASEAN Centre for Energy. The
ASEAN Centre for Energy shall refund all medical expenses in full upon
presentation of receipts from doctors/hospitals duly recognized by the
ASEAN Centre for Energy.
P.2.2.6 Medical
Compensation in case of Illness or Childbirth
Hospitalization of Locally Recruited Staff members and their family
consisting of spouse and three children below 21 years, unemployed and
unmarried shall be covered by medical insurance plan.
-
Claims for outpatient
medical consultations and treatment and for medical check ups (for staff
only) based on doctor’s prescription shall be reimbursed 100 %.
-
Reimbursement shall be upon
presentation of valid bills of expenses incurred.
-
Medical claims for
non-prescribed medicines, such as vitamins, dietary supplement, and
cosmetics, shall not be allowed.
-
The spouse of each Locally
Recruited Staff member and up to three dependent children under 21 years
of age, unmarried and unemployed, shall be entitled to the above benefits
unless otherwise indicated.
A Locally Recruited Staff member or spouse shall be eligible for
childbirth coverage only after one year of service
P.2.2.7 Dental and
Eyeglasses Reimbursement
Dental treatment shall be reimbursed 80 % up to a maximum of one month
salary per family per year with carryover balance of up to two months
salary for the following year only.
Eyeglasses shall be reimbursed 80 % up to a maximum of Rp.500.000, per
family every 2 years, with an additional Rp.250.000, for lenses if eye
focus changes more than 0.5 with doctor’s prescription.
P.2.2.8 Indemnity Allowance
A Locally Recruited Staff member who is discharged involuntarily is
entitled to receive an indemnity allowance equal to three months of the
basic salary.
P.2.2.9 Life Insurance
The ASEAN Centre for Energy shall provide an accidental death and
disablement/dismemberment insurance scheme for staff members excluding
their families for a maximum coverage equivalent to 24 months of basic
salary.
P.2.3. Allowances mentioned in this section shall be payable to eligible
Locally Recruited staff members in accordance with the Financial Rules of
the ASEAN Center for Energy.
Q. OTHER BENEFITS
Q.1. Holiday
Q.1.1. Public and National
Holiday
The ASEAN Centre for Energy is also closed on Indonesian public holidays
and on ASEAN day, 8 August.
Q.2. Annual Leave
Q.2.1 Leave Entitlement
Annual leave amounting to nineteen working days inclusive of seven days
travel time with full pay shall be allowed after one year of service.
Q.2.2 Leave Authorization
Subject to the exigencies of the service, annual leave is granted with the
prior authorization of the Programme Manager, and endorsed by the
Administrative and Finance Manager.
Q.2.3 Calculating Leave Entitlement
Saturday, Sunday and public holidays observed by the ASEAN Centre for
Energy shall not be reckoned when calculating leave entitlement.
Q.2.4 Annual Leave Year Period
A Locally Recruited Staff member’s annual leave allowance is related to
the leave year that runs from 1 January to 31 December
Q.2.5 Pro-rata Allowance of Annual leave
A Locally Recruited Staff member joining or leaving the service of the
ASEAN Centre for Energy part way through a leave year will receive a
pro-rata allowance of annual leave rounded to the nearest half day.
Q.2.6 Scheduling of Annual Leave
Programme Managers are responsible for ensuring a satisfactory level of
service in their Divisions at all times. Locally recruited Staff are
therefore required to inform their Managers as early as possible of the
period of the year in which they wish to take annual leave of one week or
longer. Failure to do so will increase the risk of a request for annual
leave in a particular period being declined. Reasonable efforts will be
made by Programme Managers to approve the leave applied for.
Q.2.7 Contact Address
Before going on leave, a Locally Recruited Staff member shall notify the
Manager concerned of a contact address for use in emergencies.
Q.2.8 Treatment of Unused Leave
Annual leave, which if not taken in a given year, can be used in the
succeeding year subject to a maximum accumulation of two times nineteen
(2x19) days or 38 days. Locally recruited Staff members who are not able
to obtain leave shall be paid in lieu of their annual leave, subject to
the approval of the Executive Director. The Administrative and Finance
Division shall bring the amount of leave to the attention of the Executive
Director three months before the leave is due so that an attempt can be
made to utilize the leave. The rate per day shall be the monthly salary
multiplied by 12 and divided by the total number of working days in the
year.
Q.3. Special Leave,
Maternity Leave and Sick Leave
Special leave, maternity leave and sick leave may be authorized by the
Programme Manager concerned.
Q.3.1 Special Leave
Special leave with pay may be authorized by the Executive Director up to a
maximum of five working days per annum to enable a Centre member to deal
with a special occasion in the immediate family.
-
Wedding (first spouse only)
3 days
-
Birth of a child 2 days
-
Wedding of a child 2 days
-
Death of spouse or child 3
days
-
Death of parent,
parent-in-law, brother or sister 2 days
-
Circumcision/baptism of
child 1 day
Q.3.2 Maternity Leave
Three calendar months maternity leave shall be granted only three times
during the service in ASEAN Centre for Energy with full salary, allowances
and benefits. On the first day of return to work from maternity leave,
official proof of childbirth (birth certificate) must be presented.
Q.3.3 Sick Leave
Sick leave shall be granted for a maximum of 30 calendar days per year
with full salary and allowances based on the statement of an authorized
medical doctor. Any further leave shall be deemed annual leave and
deducted from the annual leave eligibility of the Center member.Sick leave
is not applicable on Saturday, Sunday and public holiday. No substitution
shall be granted thereto.
Q.3.4 Sick Leave
Certificate
To qualify for paid sick leave, a Locally Recruited Staff member is
required to provide certificates as follows:
-
1 – 2 days absence: a
certificate from a recognized/authorized medical doctor
-
3 or more days absence: a
medical certificate from a doctor belonging to a panel of medical
retainers approved by the Executive Director is required and shall be
forwarded to the Administrative and Finance Manager on the day of the
staff member’s return to work.
Failure to provide the
necessary certificate may affect a Centre member’s paid sickness
entitlement and may subject him/her to disciplinary proceedings, including
pro-rata deductions from his or her salary according to the number of days
absent from work.
Q.3.5 Extended Illness
A Locally Recruited Staff who cannot perform work because he/she is
hospitalized or under doctor’s care, as attested to by an authorized
medical doctor, shall be paid according to the following:
a). First 2 months of
sickness 100 % of salary
b). Third to fourth months 75 % of salary
c). Fifth to sixth months of sickness 50 % of salary
Q.3.6 Continuous Sickness
Leave
After six months of continuous illness leave, a Centre member shall be
honorably discharge with one month salary in lieu of notice.
R. RETIREMENT BENEFIT
SCHEME
R.1. To provide incentive
to qualified Locally Recruited Staff to serve for a long period with the
ASEAN Center for Energy , a Non-Contributory Retirement Benefits Scheme
shall be provided under the following conditions:
R.1.1 A Locally Recruited
Staff who has continuously serve for at least six years shall be eligible
for payment of a retirement benefit, the amount of which shall be
calculated at the rate set out below:
|
Length of
Service |
Rate |
|
|
(a). Not less than 6 but not More than 9 years of service |
One-twenty fourth (1/24) of the last drawn salary for each
completed month of service |
|
|
(b). Over 9 years of service |
One-twelfth (1/12) of the last drawn salary for each
completed month of service
|
R.1.2. In calculating the
length of service, the probationary period and any period of leave without
pay shall not be taken into account.
R.1.3. The retirement benefits as provided for in these regulations shall
be payable to a Locally Recruited Staff member in the event he/she retires
from the service of the ASEAN Centre for Energy in the following
circumstances:
(a). On attaining the age
of 60 years;
(b). On or after the age of 45 years, with the consent of the Executive
Director and after completing 10 years of service;
(c). On grounds of ill-health to the satisfaction of the Executive
Director and such termination is not due to disciplinary action or
dismissal from service;
(d). On pre-mature retirement due either to retrenchment or abolition of
post and in which case the benefits shall be one and a half (1-1/2) times
the prescribed rate mentioned in regulation R.1.1.
R.1.4. In case a Locally
Recruited Staff who has served more than 6 years dies while in service,
the retirement benefits shall be paid to the beneficiary ( or
beneficiaries) as if the Locally Recruited Staff had retired on the date
of his/her death.
R.1.5. These regulations shall apply only to Locally Recruited Staff who
retires or dies after the establishment of this scheme.
R.1.6. For purposes of implementing this Scheme, a Retirement Benefits
Fund shall be established.
S. PERFORMANCE APPRAISAL SYSTEM
S.1. The Executive Director
shall make appropriate provisions for the conduct of an annual performance
appraisal in respect of all Locally Recruited Staff for purposes of:
a) Motivating, monitoring
and providing feedback on the performance of Locally Recruited Staff;
b) Awarding salary increments;
c) Renewing contracts;
d) Considering the Locally Recruited Staff members suitability for
promotion to higher positions;
e) Terminating contracts;
f) Identifying areas of competence for further improvement.
The instructions and
guidelines for the conduct of a performance appraisal system for Locally
Recruited Staff of the ASEAN Centre for Energy are encompassed in the
Human Resources Manual of the ASEAN Secretariat.
S.2. The process shall
involve the use of an individual Performance Appraisal Form to be
completed by the Locally Recruited Staff member’s immediate supervisor.
The appraisal reports shall be subject to a Second Level Review in
accordance with guidelines. A Management Review Group (MRG), whose members
shall be selected by the Executive Director, shall carry out the Second
Level Review. The recommended rating shall be submitted to the Executive
Director for final review and approval.
S.3. A Locally Recruited Staff member who receives a rating of
“Outstanding” (1) for two consecutive rating periods shall be eligible for
appointment to the next level.
S.4. A Locally recruited Staff member who receives a rating worse than
“Always Meet the Minimum Expectation of the Performance Plan” (rating 4)
for two consecutive rating periods shall not be eligible for a renewal of
contract for the same post.
S.5. A Locally Recruited Staff member who receives Category 5 rating (i.e.
At times Meet Some of the Minimum Expectation of the Performance Plan)
shall not be eligible for a merit increase.
S.6. A staff member who receives a rating of “Needs Constant Supervision
and Guidance Unsatisfactory” (7) shall be counseled by his/her immediate
supervisor. In the event there is no improvement in performance, the staff
member shall be subject to termination from the service.
T. JOB EVALUATION AND
POSITION CLASSIFICATION SYSTEM
T.1. The Executive Director
may make appropriate provisions for the evaluation and classification of
posts according to the nature of the duties and responsibilities of the
posts, their contribution to the achievement of organizational goals, and
the qualifications required for the posts. The guidelines for conducting a
job evaluation and position classification system are encompassed in the
Human Resource manual.
T.2. The Management Review Group (MRG), who shall give advice on the
process of positions classification.
T.3. It shall be the duty of the MRG, on its own accord or on the request
of a Manager or Locally Recruited Staff member (through the Manager) of
any Division, to review the classification level of posts, assess any
proposals for reclassification, and make recommendations to the Executive
Director. In the discharge of its duty, the MRG may seek expert advice on
job analysis and evaluation techniques.
U. DISCIPLINARY
PROCEDURES
U.1 The Executive Director
may impose disciplinary measures on a Locally Recruited Staff member whose
conduct is unsatisfactory. He may summarily dismiss a member for major
offences.
U.2 The Managers are responsible for maintaining discipline among Locally
Recruited Staff under their general supervision.
U.3 Failure by a Locally Recruited Staff member to comply with the staff
regulations and other administrative issuances or to observe the standards
of conduct expected of a Locally Recruited Staff member may lead to
disciplinary proceedings and the imposition of disciplinary measures for
misconduct.
U.4 Listed below are examples (not an exhaustive enumeration) of acts or
omissions that may render a Locally Recruited Staff member subject to
disciplinary procedures or termination of employment:
MINOR OFFENCES
include acts or omissions affecting:
a) Attendance;
b) time-keeping;
c) tardiness;
d) performance of duties;
e) compliance with Staff Regulations.
MAJOR OFFENCES
may result in termination of employment. These offences include:
a) Violation of oath;
b) Furnishing false or falsified information when endorsing a work
agreement;
c) Drunkenness or possession or consumption of prohibited drugs and
substances within the office of office vehicles, or during the course of
duties;
d) Involvement in theft, embezzlement, fraud, or trading of illegal
merchandise;
e) Committing an atrocious assault, insult rudeness, threat or blackmail
against a member of the staff or his/her family.
f) Committing immoral acts harmful to the morale and good working
environment of the Centre.
g) Uninvited and unwelcome verbal or physical conduct directed at an
employee because of his or her sex e.g. asking for sexual favors, lewd
actions or remarks, attempts to outrage the modesty of co-worker.
h) Gambling activities within the office premises
i) Sexual activities within the office premises
j) Possession of a weapon for purpose of committing a criminal act,
inciting or provoking a fight, or engaging in a fight within or around the
office premises.
k) Willful or negligent destruction of office property or placing property
in a dangerous position.
l) Willful or negligent or allowing himself, herself or a fellow worker,
to be unable to work, or to place other person in a dangerous situation.
m) Sponsoring, preparing or attending illegal meetings, or preparing
pamphlets, brochures or other materials which are harmful to the name of
the office or the government.
n) Falsification of office documents, reports or information for a purpose
which is detrimental to the office.
o) Returning from leave past the reporting date without a valid reason.
p) Failure to report for work for 5 consecutive days or 5 inconsecutive
days without permission.
q) Divulging office secrets
r) Defaming an officer of the office and members of his or her family.
s) Misuse of office facilities i.e. airport pass, Diplomatic ID, CD car
number plate, Duty free card, office vehicles, etc.
t) Receiving bribes or any other benefit, whether in the form of money,
goods or services, form any person or organization which might as a result
receive preferential treatment from the employee or the organization.
u) Serious breaches of Staff Regulations.
U.5 In accordance with the
regulations, different disciplinary procedures shall apply, depending on
the act or omission of which the Locally Recruited Staff member is found
guilty.
MINOR OFFENCES
U.5.1 The Locally Recruited
Staff shall be counseled by the immediate supervisor in the first
instance. Prior to the counseling session, the immediate supervisor shall
thoroughly familiarize himself/herself with all aspects of the offense.
The counseling session is to be conducted according to principles of
counseling.
U.5.2 The supervisor shall refer a repetition of the same or similar act
or omission to the Programme Manager of the locally recruited staff
concerned, who shall give the Locally Recruited Staff member an
opportunity to comment or give an explanation. If the Programme Manager is
satisfied that the locally recruited staff has committed an act or
omission for which the local staff is subject to disciplinary procedures,
the Programme Manager shall issue a first letter of warning to the local
staff stating that a repetition of the act or omission will result in the
matter being reported to the Executive Director.
U.5.3 If the Locally Recruited Staff member repeats the act or omission,
the Programme Manager shall report the matter to the Executive Director in
writing, with a copy furnished to the local staff concerned.
U.5.4 The Manager of Administrative and Finance shall meet the Locally
Recruited Staff member, if necessary in the presence the Programme Manager
concerned, to consider the Programme Manager’s report. After hearing any
statement by or on behalf of the local staff and being satisfied that it
is warranted, The Manager of Administrative and Finance shall issue a
second letter of warning to the local staff concerned.
U.5.5 Reasons for the second letter of warning shall be clearly stated
including details of the occurrence of the act or omission.
U.5.6 The second letter of warning shall state the period during which the
warning will remain on file, and shall indicate the next action that will
likely be taken, subject to consideration by a Disciplinary Board that
will be constituted at the appropriate time.
U.5.7 Should the Locally
Recruited Staff member repeat the same act or omission or commit a like
act or omission, after the issuance of the second letter of warning, the
Manager of Administrative and Finance shall recommend to the Executive
Director the convening of a Disciplinary Board which shall deliberate on
the matter. The Board appointed by the Executive Director, shall consist
of:
a) The Administrative and Finance Manager who shall be Chairman
b) Two Managers from the division other than those in which the Locally
Recruited Staff is employed; and
c) An Officer designated by the Executive Director.
U.5.8 The Board may take
any of the following actions:
a) issue an official reprimand;
b) withhold an increment;
c) recommend to the Executive Director the termination of the Locally
Recruited Staff members employment.
U.5.9 The Locally Recruited
Staff member shall have the right to attend the Board Meeting and make
submissions to the Board. If necessary, the Board may call witnesses.
U.5.10 The recommendation of the Board will be sent to the Executive
Director who shall communicate the final decision in writing to the local
staff concerned.
U.5.11 If not satisfied with the decision, the Locally Recruited Staff
member may appeal in writing to the Executive Director within one week.
The Executive Director shall make the final decision.
MAJOR OFFENCES
U.5.12 The immediate
supervisor who becomes aware of a Locally Recruited Staff member
committing a major offense shall immediately report it to the Programme
Manager of the local staff member concerned. The report shall be in
writing, giving details of the act or omission including the time and
place of occurrence and, where applicable, the names of witnesses.
U.5.13 The Programme Manager shall carry out an investigation of the
reported act or omission and submit a written report to the Executive
Director with a copy to the Locally Recruited Staff member concerned.
U.5.14 The Administrative and Finance Manager shall meet the Locally
Recruited Staff member to consider the report. If necessary, the Programme
Manager shall be present at this meeting. Any statement made by or for the
local staff shall be recorded.
U.5.15 The Administrative and Finance Manager shall determine whether
there is any substance to the allegation made against the Locally
Recruited Staff member to warrant an answer from the Locally Recruited
Staff member. If the Manager of Administrative and Finance determines that
there is none, the Locally Recruited Staff member and the Programme
Manager concerned shall be advised in writing, and the matter shall be
deemed closed.
U.5.16 If the Administrative and Finance Manager determines there is
substance to the allegation to warrant an answer from the staff, an
appropriate recommendation shall be made to the Executive Director, who
may convene a Disciplinary Board. The local staff may be suspended without
pay pending the outcome of the Disciplinary Board proceedings, depending
upon the gravity of the committed offence.
U5.17 As directed by the Executive Director, the Administration and
Finance Manager, shall then convene a Disciplinary Board to consider the
allegation made and the relevant evidence, to hear the Locally Recruited
Staff member and to take appropriate action. The Disciplinary Board
appointed by the Executive Director shall consist of:
a) The Administrative and
Finance Manager, who shall be Chairman;
b) Two Managers from Divisions other than that in which the Locally
Recruited Staff member is employed; and
c) An Officer designated by the Executive Director.
U.5.18 The Board may
recommend to the Executive Director any of the following actions:
a) Dismiss the allegation
and remove the suspension;
b) Issue an official reprimand;
c) Withhold one or more future increments;
d) Suspend the staff member for a specific period with loss of pay;
e) Terminate the staff member’s appointment (with or without notice)
U.5.19 The Executive
Director’s decision shall be communicated in writing to the Locally
Recruited Staff member by the Manager of Administrative and Finance, who
shall also notify the Programme Manager of the Locally Recruited Staff
member concerned.
U.5.20 A Locally Recruited Staff member who is not satisfied with the
decision may appeal in
writing to the Executive Director within one week from the date of the
written decision.
V. TERMINATION POLICY
V.1 Discharge and dismissal
of Locally Recruited Staff member shall be authorized by the Executive
Director or, in the absence of the Executive Director, by the Manager of
Administrative and Fiance acting on behalf of the Executive Director.
V.2 Locally Recruited Staff members may be honorably discharged on account
of any of the following reasons:
a) at their own request;
b) having reached the age of sixty (60) years;
c) reorganization of the Centre; or
d) incapability in performing their duties because of ill health.
V.3 Locally recruited staff
may be dishonorably dismissed on account of any of the following reasons:
a) violation of the working
agreement;
b) disloyalty or disciplinary actions;
c) conviction of a criminal offense; or
d) serious breaches of Staff Regulation.
V.4 When the Executive
Director terminates the services of a Locally Recruited Staff member,
notice of the termination shall be given in writing, stating the reasons
for the termination.
V.5 Where a Locally Recruited Staff’s performance and/or attendance is
unsatisfactory and it appears that health factors may contribute to this,
the Programme Manager of the Locally Recruited Staff member concerned
shall refer the matter to the Administrative and Finance Manager, who may
initiate action, if a Locally Recruited Staff’s recorded sickness absence
appears unusual or excessive.
V.6 Before considering recommending the termination of a Locally Recruited
Staff member’s service for reason of health, the Administrative and
Finance Manager shall require the staff member to obtain from a doctor the
Centre’s choice a written report and assessment of condition ability to
return to full-time employment and to maintain an acceptable level of
attendance. Failure on the part of the local staff to agree to this
requirement may result in termination of service.
V.7 When the report is received from the doctor, the contents will be
conveyed to the local staff member.
V.8 When a Locally Recruited Staff member’s service is terminated by the
Executive Director on medical grounds prior to contract expiry, the
minimum period of notice shall be three months.
V.9 When a Locally Recruited Staff member’s service is terminated on the
grounds of redundancy prior to contract expiry, the minimum period of
notice shall be three months.
V.10 When a Locally Recruited Staff member’s service is terminated by the
Executive Director on the grounds of unsatisfactory performance, the
minimum period of notice shall be three months.
V.11 No notice of termination shall be required and no retirement benefits
shall be given where the Locally Recruited Staff member’s service is
terminated on disciplinary grounds.
V.12 The Locally Recruited Staff member may resign from the ASEAN Centre
for Energy upon giving the Executive Director the notice required under
the terms of his/her appointment. Where the letter of appointment does not
provide for such notice, the minimum period for giving a notice in writing
to the Executive Director shall be three months or one month salary in
lieu of notice.
V.13 Any locally recruited staff who so requests shall, on leaving the
service of the ASEAN Centre for Energy, be given a statement relating to
the nature of his/her duties and the length of his/her service. On the
Locally Recruited Staff’s written request, the statement shall also refer
to the quality of his/her work and his/her official conduct.
W. GRIEVANCE SETTLEMENT
Where the local staff wish
to seek redress of grievances relating to their employment which have not
been satisfactorily and speedily resolved, they should set out the nature
of their grievance in writing and submit it to the Executive Director. The
Executive Director shall deal with the grievance as expeditiously as the
circumstances permit.
X. FLEXIBILITY
The Executive Director
shall exercise flexibility in the application of the salaries, allowances
and other emoluments in this regulation in accordance with availability of
funds and other resources.
Part II
ASEAN CENTRE FOR ENERGY
FINANCIAL RULES
The Manual on ASEAN Centre
for Energy Financial Rules is an integrated document containing all
applicable financial rules and regulations pertaining to the ASEAN Centre
for Energy (ACE). It consists of a number of chapters, with each covering
a specific financial topic. Each section within a chapter contains sub
headings or sub titles.
The Manual on ASEAN Centre for Energy Financial Rules is based on all
existing rules and regulations that have been approved by the ACE
Governing Council Meetings. The manual also covers all other financial
rules and regulations that are in practice but not officially stated in
any available document.
Lastly, the Manual on ASEAN Centre for Energy Financial Rules contains
specific financial rules and regulations that are necessary for a well
structured financial management system with appropriate internal controls.
These Financial Rules should be used by all officials and staff of the
ASEAN Centre for Energy in the conduct of their activities. Where certain
activities are not covered by these general ASEAN Centre for Energy’s
Financial Rules, the Executive Director may determine specific rules and
regulations to cover such activities. All such rules and regulations shall
become an integral part of these Financial Rules.
Chapter I. THE ASEAN
CENTRE FOR ENERGY BUDGET SYSTEM
Rule 1: Definition
Budgeting may be described
as the process of identifying related revenues and expenditures based on a
set of operational plans over a stated timeframe. The budget should
contain information about the types and categories of proposed
expenditures, the purpose for which they are made and the proposed means
of financing them.
Rule 2: Budget Coverage
The annual budget shall
cover a period known as the calendar year. The calendar year of the ASEAN
Centre for Energy is from 1st January to 31st December.
Rule 3: Budget
Preparation and Submission
The Executive Director
shall prepare the budget proposal and submit it to the Governing Council
for evaluation and approval. The preparation of the next year's budget
proposal shall start at the fourth quarter and be endorsed by the
Governing Council the end of each year in the ACE Governing Council Annual
Meeting. The submission shall include the justification and supporting
documents in the format deemed appropriate by the Governing Council.
Procedure for ASEAN Centre for Energy budget preparation and submission
are in Attachment I.
Rule 4: Currency
Budget estimates shall be
stated in terms of United States Dollars at current value.
Rule 5: Expenditure
Estimate Categories
The estimated expenditures
shall be broken down into three separate headings:
1. Endowment Fund;
2. General Fund; and
3. Project Fund.
Expenditures under General
Fund shall be further classified into four separate headings:
1. Salaries and Allowances
of Openly Recruited Staff (ORS);
2. Salaries and Allowance of Locally Recruited Staff (LRS);
3. Other operating expenditure; and
4. Capital Expenditure.
Under Project Fund,
clasificaation of expenditures headings may vary according to system and
style of funding source, provided that in general expenditure estimates of
such funds should include at least the following three headings:
1. Salaries and allowances;
2. Capital Expenditures; and
3. Other operating expenditures.
Rule 6: Supplementary
Budget
The Executive Director may at his discretion direct that a budget be
prepared for a given year for the endorsement and approval of the
Governing Council. The supplementary budget must include a full
justification of the need for additional resources arising from new
programmes, projects and other contingent liabilities that have arisen
during the calendar year.
Chapter II. THE ASEAN
CENTRE FOR ENERGY FINANCIAL CONTROL SYSTEM
Rule 1. Purpose
The financial control
system is intended to:
a. establish the
accountability of ASEAN Centre for Energy management charged with the
responsibility for managing programmes;
b. ensure resources are used for the purposes intended by the ACE
Governing Council in amounts not exceeding the appropriations approved;
c. ensure the economic, efficient and effective management of resources;
d. safeguard the assets of ASEAN Centre for Energy;
e. ensure the accuracy and reliability of financial data;
f. ensure timely reporting of financial information for effective
management decision making; and
g. ensure compliance with applicable resolutions, regulations and
directives adherence to formulated policies.
Rule 2. Responsibility
The Executive Director is
responsible for establishing and maintaining the system to provide for:
a. full disclosure of the financial position and results of operations of
the ASEAN Centre for Energy;
b. proper consistency in budget and accounting classifications;
c. accountability for the funds and assets of the ASEAN Centre for Energy;
and
d. preparation, execution and control of budget
Rule 3. Expenditure
Control and Virements
All expenditures of the ASEAN Centre for Energy shall not exceed the
provisions in the budget as approved by the Governing Council Meeting.
However, the Executive Director is authorized to approve virements of up
to 15% in respect of each item of recurrent expenditure from savings
obtained from other provisions provided that the total provision for Other
Operating Expenditure is not exceeded. Virements above 15% can be made
with the written approval of the Chairman of ACE Governing Council.
Rule 4. Authority
The Executive Director is the approving authority for all transactions.
During his absence the officer designated to be in-charge shall act on his
behalf. Financial transactions shall be approved in accordance with the
Table of Authority (Attachment II). The Executive Director may delegate
his authority in writing to the Administrative and Finance Manager to
approve certain routine payments.
Rule 5: Payments
All payments shall normally be made by cheques. The Executive Director
may, however, allow certain exceptions.
Rule 6: Foreign Currency
All transactions in foreign currencies shall be converted into United
States Foreign Currency Dollar at standardized rates determined by the
Administrative and Finance Manager. Profits and losses arising from such
transactions must be adjusted in the respective ASEAN Centre for Energy
accounts.
Rule 7: Certification
The Administrative and Finance Manager shall certify the validity of the
disbursement vouchers and the availability of funds before payment may be
made. The Executive Director may delegate this authority to another
officer in certain circumstances.
Rule 8: Reporting
The Administrative and Finance Manager is responsible for keeping the
Executive Director informed of the results of operations and financial
position of the ASEAN Centre for Energy at all times.
Rule 9: Losses
If any loss of money, office equipment, office properties or documents is
discovered to have occurred, the officer concerned shall immediately
report such loss to the Executive Director. The report shall include the
following information:
a. Place where the loss
occurred
b. Date and time of loss as far as can be ascertained
c. Date, time and manner of discovery of the loss
d. Amount of money or particulars of stores etc. lost, with their original
and estimated present value
e. Any other relevant information.
Rule 10: Accountability
For Losses
Responsibility for such losses must be determined and the staff member
responsible for such losses must reimburse the ASEAN Centre for Energy
fully , and if not possible, such losses shall be deducted from the
monthly salary of such staff member at an agreed amount to be determined
by the Administrative and Finance Division. Negligence on the part of any
staff member, even though there is a prima facie case, should not excuse
the accountability of such losses.
Rule 10: Criminal Offences
If there is reason to suppose that a criminal offense has been committed,
the Executive Director shall report the matter to the police.
Rule 11: Report Loss
The Executive Director shall include details of any loss of money, office
equipment, properties and documents in his annual report to the ACE
Governing Council Meeting. He may include the results of any investigation
if deemed appropriate.
Rule 12. Fund
classification
Funds of ACE shall be classified into:
a). Endowment Fund
b). General Fund; and
c). Project Fund.
Rule 13. Endowment Fund
(EF)
EF shall mean the "ASEAN Energy Endowment Fund" referred to in Article 7
of the Agreement on the Establishment of the ASEAN Centre for Energy.
Rule 14. General Fund (GF)
GF shall mean all funds provided for the general operation and
administration of the Centre, including interest earned from the EF,
income from the ACE's services and administrative allocations and
interests of the Project Funds.
Rule 15. Project Fund (PF)
PF shall mean any fund provided for specific projects of the Centre.
Rule 16. EF interest
Eighty percent (80 %) of the interest accruing from the EF deposits shall
be transferred on a regular basis as mutually agreed between ASEAN
Secretariat and ACE to the GF account of ACE. The 20 % balance of the said
interest shall remain with the principal.
Rule 17. EF Deposit
The ASEAN Secretariat shall be the custodian and administrator of the EF
which shall be managed as mutually agreed upon by ASEAN Secretariat and
ACE.
Rule 18. Local Currency
The Executive Director, upon recommendation of the Administrative and
Finance Manage, shall place all or part of the GF in local currency
account to enhance interest earnings without unduly jeopardizing the
security of the ACE fund deposits.
Rule 19. Account Transfer
The Executive Director, upon recommendation of the Administrative and
Finance Manager, shall transfer accounts from PF to GF and vice-versa as
necessary and as may be permitted under agreements with fund sources and
other fund management rules of ACE.
Rule 20. Cashier
The Executive Director upon recommendation by the Administrative and
Finance Manager shall designate cashier (s) who may be entrusted some money
for receiving and making payments. The Administrative and Finance Manager
shall, however, be fully responsible for amounts entrusted to the cashier
(s).
Rule 21. Documents
All documents relating to financial transactions made on behalf of the
ASEAN Centre for Energy shall be jointly signed by the Executive Director
and the Administrative and Finance Manager.
Chapter III. THE ASEAN
CENTRE FOR ENERGY RECEIPTS AND PAYMENT
SYSTEMS
The ASEAN Centre for
Energy Receipts and Payment Systems
Rule 1. Receipts System
1.1 An official receipt
shall be prepared for each sum received by the ASEAN Centre for Energy by
an authorised officer and signed by the Administrative and Finance Manager
or by the officer who actually receives the money. The officer authorised
to prepare receipts shall enter the amount in words as well as in figures.
Before issuing the receipt, he must ensure that the duplicate copy is
legible. A receipt shall bear the date of actual issue even though the
money collected can be deposited in the bank or accounted for only on the
next working day.
1.2 A Receipt Register shall be maintained as per procedures in
Attachment III.
1.3 All receipts of funds or moneys in whatever form for the account of
the ASEAN Centre for Energy shall be deposited in a bank or banks on the
day of receipt and or on the following day.
Rule 2. Payment System
2.1 The Administrative and
Finance Manager shall establish and maintain a Payments Register that
records all relevant details of disbursement vouchers, cheques and cash
payments.
2.2 The Executive Director shall check and verify the Payments Register at
least once a month to ensure compliance with set rules.
2.3 Disbursement vouchers shall be prepared providing full details of
supplies and services, including the type, date, number, quantity and
rates, in order to ensure easy verification. All supporting documents such
as contract documents must be attached to vouchers.
2.4 The following procedures shall be applied to all types of bills
involving supplies and services:
All bills/invoices received shall be date stamped and particulars duly
recorded in a register as follows:
2.5 All bills, invoices and
staff claims must be paid not later than one month of receipt. If for any
reason payment cannot be made within this stipulated period, the recipient
(supplier, contractor, vendor, and/or ASEAN Centre for Energy staff
member) must be so informed. The probable date of payment should also be
conveyed.
Rule 3. Bank Account
System
Opening and closing of a
bank account shall be approved by the Executive Director.
3.1 Appointed Finance
Officer shall keep all blank cheques safely and maintain a cash book for
each bank account.
3.2 All bank transactions shall be recorded in a cash book, a receipt
voucher and disbursement voucher. All receipt and disbursement vouchers
shall have preprinted serial numbers.
3.3 Under no circumstances shall a bank account be over drawn or non ASEAN
Centre for Energy money paid into it.
3.4 The Executive Director shall draw from the experience of the ASEAN
Centre for Energy and work out some form of arrangement whereby excess
funds can be deposited in an account to earn interest. Timely transfers
shall be made from the account to meet cash requirements of the ASEAN
Centre for Energy.
3.5 A properly authorized and approved disbursement voucher shall be
prepared to serve the basis of cheque preparation. Once paid, the voucher
shall be stamped as "PAID" by personnel other than Cashier.
3.6 All cheques and other bank transactions shall be jointly signed by the
authorized signatories. All supporting payment documents shall be
presented to the authorized signatories when they sign cheques/transfers.
3.7 Cheques shall not be prepared payable to the order of "Cash" or
"Bearer". However, the Executive Director may allow certain exceptions.
3.8 All bank statements shall be reconciled with the general ledger and
cash book and a bank reconciliation statement shall be prepared as part of
the quarterly finanancial statements.
3.9 Procedures for maintaining a Cheque Book Register are in Attachment
III.
Rule 4. Petty Cash
System
Petty cash shall be maintained using the imprest system in the amount
of Rp. 5,000,000. The amount shall be periodically reviewed to determine
the appropriateness of the amount in meeting the ASEAN Centre for Energy’s
needs. A parallel petty cash account of US$3000 shall be maintained for
travel advance and emergency expenses which need to use United States
dollars.
4.1 Petty cash for Rupiah
is kept in a safe by a Cashier or cashiers who shall be especially
designated by the Executive Director upon recommendation of the
Administrative and Finance Manager. A duplicate key of the safe shall be
enclosed in a sealed envelope together with the combination of the safe
written on an index card. The sealed envelope shall be deposited with the
Executive Director for safekeeping. The combination of the safe shall be
changed annually.
4.2 Petty cash for United States Dollars is kept in a safe by the
Administrative and Finance Manager. The Administrative and Finance Manager
may however entrust some of this petty cash to a designated cashier, provided that
the Administrative and Finance Manager shall have the full responsibility
for such petty cash. A separate safe shall be maintained to keep other
funds held outside the bank. A duplicate key of the safe shall be enclosed
in a sealed envelope together with the combination of the safe written on
an index card. The sealed envelope shall be deposited with the Executive
Director for safekeeping. The combination of the safe shall be changed
annually.
4.3 Petty cash for United States Dollars is only used to pay travel
advances and emergency expenses (such as to pay for claims by meeting
attendees), which utilize United States Dollars. The Administrative and
Finance Manager is authorized to make disbursements from the United States
Dollars petty cash.
4.4 Petty cash is paid only for small office administrative expenditures
with a maximum amount of Rupiah 100,000 per disbursement. Payment of petty
cash has to be approved by the Administrative and Finance Manager. Amount
in excess of Rp.100,000 paid by petty cash has to be approved by the
Executive Director.
4.5 Petty cash voucher shall be prepared in ink for each disbursement and
receipt. After reimbursement, the voucher shall be stamped "PAID" by
someone other than the fund custodian.
4.6 Replenishment of petty cash shall be approved by the Administrative
and Finance Manager or other authorized person.
4.7 Two Petty cash books [one for Rupiah and one for US dollar] shall be
maintained to record all petty cash transactions.
4.8 A periodic spot check of petty cash balances and other funds on hand
shall be performed by the Administrative and Finance Manager at any time
but at least once every quarter.
Rule 5. Payroll Related
Payments
Separation of duties of hiring, payroll computation and payment of
employees shall be established.
Rule 6. Salaries &
Allowances
Payment of salaries and allowances to Openly Recruited Staff (ORS) shall
be made in United States Dollars and payment of salaries and transport
allowance to Locally Recruited Staff (LRS) shall be made in Indonesian
Rupiah.
6.1 LRS salaries and allowances are paid on the 24th of the month and ORS
salaries and allowances are paid on the 25th of the month. If such date
falls on a Saturday or Sunday, payment shall be made on the preceding
Friday. In the event the designated payment date falls on a public
holiday, payment shall be made on the preceding day.
6.2 Payment of ORS representation reimbursements, ORS and LRS medical
reimbursements, additional transport allowances for LRS's overtime, and
LRS overtime are paid twice a month on the first and third week.
6.3 Payment of ORS salaries and allowances can be made in cash or as a
transfer of account from the bank account of the ASEAN Centre for Energy
to the bank account of the ORS. Bank charges for such payments shall be
absorbed by the ASEAN Centre for Energy.
6.4 Payment in cash shall
be made as normal practice for:
-
Advance payment of per diem
allowances for official travel
-
ORS representation
reimbursements
-
ORS and LRS medical
reimbursements
-
LRS daily overtime payment
Such payments in cash are
made in accordance with the same procedures for all cheque disbursements
in which the beneficiary is clearly stated with the exception that such
cheques are not crossed for the deposit into the beneficiary's bank
account and the Cashier is authorized to draw out such payment as cash to
be paid to the named beneficiary who shall sign for the receipt of such
payment accordingly.
6.5 Payment of LRS salaries and allowances shall be by way of bank
transfer from the ASEAN Centre for Energy‘s bank account to the bank
account(s) of the LRS. Bank charges shall be absorbed by the ASEAN Centre
for Energy.
6.6 A payroll slip shall be
made for each employee. The payroll slip shall include:
a. Basic salary
b. Allowances
c. Employee claims (medical, transport allowances for LRS' overtime, LRS'
overtime)
d. Deductions (overpaid and not yet settled travel advances)
e. Employee bank account.
6.7 Procedures for payment
of salaries to staff are in Attachment IV.
Rule 7. Travel
Authorisation
All Travel Authorisation must be approved by the Executive Director or in
his absence the Officer In Charge (OIC). Procedures for travel
authorization are in Attachment V.
Rule 8. Per Diem/Advance
Payment
8.1 Staff members on official mission outside of Jakarta shall be paid per
diem based on the ACE Circular or UNDP rate for the city where such
meeting is held.
8.2 The ACE or any other entity pays the hotel charges and/or perdiems, to
the attending staff member. The Executive Director have the authority to
make an adjustments on a case-by-case basis.
8.3 The number of days for which per diem is paid is based on days of
mission plus one additional day. The Executive Director shall have the
authority to make adjustments on a case by case basis.
8.4 If the mission is sponsored by another entity and no per diem is paid,
the ASEANCentre for Energy shall pay the applicable per diem if hotel is
covered by the sponsoring entity, or full per diem (including hotel rate)
if hotel is not covered by that entity. The staff member attending such
meeting, if paid full per diem by such entity, is not entitled to any per
diem from the ASEAN Centre for Energy. If the per diem provided by another
entity is less than the Centre rate, the Centre shall pay the difference
to the staff member.
8.5 In the event per diem is provided by the host government or by any
other body, the staff member shall not forward a claim to the ASEAN Centre
for Energy for the same purpose. Such an act shall be considered a serious
offence and subject to disciplinary action by the Executive Director (see
also the ASEAN Centre for Energy Staff Regulations).
8.6 A claim for per diem and other charges, either in advance or for
reimbursement, shall be made on the prescribed form (sample attached) and
supported by the signed Travel Authorization Form.
8.7 Upon payment, the Administrative and Finance Division shall update the
accounts record of the staff member accordingly.
8.8 Procedures for per diem advance payments are in Attachment VI.
Rule 9. Settlement of
Travel Advance
A Staff member paid per diem and/or hotel advance payments by the
ASEAN Centre for Energy must submit a full Claim Report within 14 days
after attending a mission. If the staff member fails to submit the Claim
Report within the stipulated period, the advance amount will be
automatically deducted from the staff member's salary for the following
month. Travel Claim Report Forms are in Attachement VII.
Chapter IV. THE ASEAN
CENTRE FOR ENERGY PROCUREMENT & ACQUISITION SYSTEM
Rule 1. General Rule
Every Division shall prepare material/service requisition forms for all
its requisitions. The requisition shall be recommended by the Executive
Director or Manager concerned and approved by the Executive Director or
person designated by the Executive Director.
Rule 2. Certification
The Administrative and Finance Manager shall certify the validity of the
requisition, making sure that it has the appropriate recommendation and
that the purchase is budgeted for or still within budget; prior to the
approval of the material/service requisition.
Rule 3. Purchase Order
A properly authorized and approved purchase order shall be the basis for
all purchases. In the case of an amount less than US$100, a material/
service requisition may substitute for a purchase order. Copies of all
purchase orders shall be provided to the Senior Officer of the
Administrative and Finance Division for the follow up for delivery and
administration.
Rule 4. Authorization
All purchase orders shall be signed by the Administrative and Finance
Manager.
Rule 5. Types of
Procurement
All purchases of materials and services shall be in accordance with the
Procurement following rules of procurement:
a. Tender for purchases of
above US$ 20,000.
b. Quotations for purchases of US$1000 up to US$20,000.
c. Open market purchases for amounts below US $ 1000.
d. Purchases made with funds under the ASEAN Centre for Energy 's
management need not be subject to the above rules of procurement, when
such funds have their own rules of utilization.
Rule 6. Tenders
The Tender Committee shall consist of one representative from each of
Division in the ASEAN Centre for Energy. Chairperson of the Tender
Committee shall also be by rotation alphabetically among the Division in
the ASEAN Centre for Energy. The Tender Committee shall examine all
tenders. The recommendation of the Tender Committee shall be submitted to
the Executive Director for approval. Procedures for procurement by tender
are in Attachment VIII. In addition, there shall also be a Tender
Committee Secretariat consisting of all Programme Managers and the
Administrative and Finance Manager.
The Tender Committee Secretariat is responsible for:
a) Drawing up the tender
specifications;
b) Advertising the tender request;
c) Sending out the invitations to tender to bonafide vendors;
d) Opening of the Tender Box at the appointed closing date and time,
preparing the list of sealed tender documents received, and submitting
such sealed tender documents to the Executive Director for safekeeping
before opening before the Tender Committee at the scheduled meeting date;
e) Preparing for the scheduled Tender Committee meeting; and
f) Recording all the proceedings of the Tender Committee meeting.
Rule 7. Quotations
Quotations must be obtained
from at least 3 registered vendors/suppliers. Acceptance of Quotations for
purchases above US$1,000 and below US$20,000
A Quotations Panel consisting of the Administrative and Finance Manager,
and the Manager of the requesting Division or his/her representative.
Procedures for procurement by quotations are in Attachment IX.
Rule 8. Pricing Review
A periodic pricing review shall be performed once a year for every vendor
and
every three months for vendors providing travel services, with a view to
obtaining the best prices and the best quality of service.
Rule 9. Responsibility
The Administrative and Finance Manager is responsible for ensuring that
all procurement of services is in accordance with set procedures vis-à-vis
tender, quotations or open market purchases.
Rule 10. Contracts
A formal contract must be duly signed by the Executive Director of the ACE
or officer authorised by him for all materials and services procured.
Procedures must be clearly stated to ensure effective management of
contracts.
Rule 11. Variation Order
All variation orders to existing contracts must be authorised by the
Executive Director. For example, if the initial order is for a purchase of
200 units of Pentium III computers but subsequently these types were found
to be unavailable and Pentium IV computers are available, the purchase of
the Pentium IV computers would be considered a variation order.
Chapter V. THE ASEAN
CENTRE FOR ENERGY ASSETS MANAGEMENT SYSTEM
Rule 1. Definition of
Fixed Assets
1.1. Purchase Expenditures above US$ 200 paid by the ASEAN Centre for
Energy for items with an economic life of over one year, including repairs
that are material and could extend the economic life of fixed assets.
1.2 Donation Expenditures above US$ 200 paid by entities other than the
ASEAN Centre for Energy with an economic life of over one year, including
repairs that are material and could extend the economic life of fixed
assets.
Rule 2. Economic Life & Capitalization
All expenditures for items with an economic life of more than one year and
above US$ 200 shall be capitalized.
Rule 3. Repair
All expenditures in relation to the repair of fixed assets shall be
capitalized as far as the repair extends the economic life of a fixed
asset and/or the repair cost is considered material by ACE Management.
Rule 4. Accounts
A separate account shall be set up for each type of fixed assets.
Rule 5. Additional Request
Requests for any addition of fixed asset shall be checked against the
budget and approved by the Executive Director.
Rule 6. Recording & Classification
Any addition to fixed assets shall be recorded under the proper
classification. An identification number shall be assigned to each item of
fixed asset and tagged onto the asset.
Rule 7. Inventory Taking
The Administrative and Finance Division is responsible for carrying out
the semi annual inventory of fixed assets.
Rule 8. Inventory List
The Administrative and Finance Division is responsible for preparing an
inventory list of each office, meeting room or other location within or
outside the ASEAN Centre for Energy 's building and grounds.
Rule 9. Update of Inventory List
The Appointed Officer of Administrative and Finance Division is
responsible for updating this inventory list whenever there is any change
and copy of such lists shall be furnished to the Administrative and
Finance Manager.
Rule 10. Registry of
Fixed Assets
The Appointed Officer of Administrative and Finance Division shall
maintain a Registry of Fixed Assets, which shall include:
a. classification
b. description of each fixed asset
c. acquisition date
d. acquisition cost
e. depreciation
f. net value
g. location
h. identification number, and
i. person who has custody.
This Register shall be
periodically updated or whenever necessary. For items disposed of,
appropriate entries shall be made, including disposal date and disposal
price.
Rule 11. Annual Stocktaking
A member of the Administrative and Finance Division designated by the
Manager of Administrative and Finance shall conduct an annual inventory
stocktaking at the end of each calendar year to ensure that the Registry
of Fixed Assets is properly maintained at the end of each calendar year.
Rule 12. List of Fixed Assets
The Administrative and Finance Division shall draw up a List of Fixed
Assets designated for disposal. This list shall include all assets that
are:
a. of no economic life
b. redundant, or
c. beyond repair.
Such list shall be prepared
regularly either on a semi annual or annual basis.
Rule 13. Disposal
The Board of Survey shall approve the disposal of fixed assets proposed by
Division Managers. Disposal of fixed assets that have no book value or
donated assets no longer suitable for the Centre's usage can be approved
for disposal by the Manager of Administrative and Finance.
Rule 14. Board of Survey
The Board of Survey shall be composed of representatives of the
Directorate General of Electricity and Energy Utilization of Indonesia and
the ASEAN Centre for Energy. The Manager of Administrative and Finance as
permanent member. The permanent member and two other members, shall
constitute a quorum.
The Board of Survey shall consider and approve the:
a.disposal of the Fixed Assets as per drawn up List of Fixed Assets for
disposal;
b.method of disposal;
c.price, and
d.other relevant matters.
Rule 15. Responsibility for Disposal
Once approval is given by the Board of Survey, the Administrative and
Finance Division shall take charge of the disposal and shall be
responsible for handling all financial matters relating to Fixed Asset
disposal.
Rule 16. Update of Registry
Upon disposal of the Fixed Assets, the Registry of Fixed Assets shall be
updated accordingly by the Finance Officer of the Administrative and
Finance Division.
Rule 17. Register
All additions and disposals of fixed assets shall be recorded in the Fixed
Assets Register. Separate records shall be maintained for fixed assets
acquired by donation. The register shall include:
a. dates of acquisition;
b. dates of disposal;
c. acquisition costs, where applicable, and
d. locations of the fixed assets.
Rule 18. Depreciation
Depreciation of fixed asset shall be calculated, using the straight line
method, over five years or on the basis of the economic life of the fixed
asset (for example, 3 years for computers).
Rule 19. Start Date
Depreciation shall start on the acquisition date of the fixed asset.
Rule 20. Physical Check
A physical check and reconciliation shall be performed once a year by a
staff member of the Administrative and Finance Division to ensure the
existence and proper condition of fixed assets at the end of each
financial year.
Rule 21. Insurance
The Administrative and Finance Division shall ensure all fixed assets are
adequately insured.
Rule 22. Procedures
Procedures for handling of fixed assets management are in Attachment X.
Chapter VI. THE ASEAN
CENTRE FOR ENERGY ACCOUNTING AND AUDITING SYSTEM
Rule 1: Definition
The accounting system is the total structure of methods and procedures
used to record, classify, and report information on the financial position
and operations of the ASEAN Centre for Energy or any of the funds managed
by ASEAN Centre for Energy. The accounting system shall be part of the
overall planning, programming, budgeting, controlling, reporting and
auditing cycle and should be appropriately integrated.
Rule 2: Responsibility
The Administrative and Finance Manager is responsible for ensuring that an
efficient and effective accounting system (including all accounting
documents and records) is established and maintained for the management of
ASEAN Centre for Energy funds. This is to ensure:
a. accurate and proper
reporting of the results of operations and financial condition;
b. proper expenditure in respect of the approved budget, and
c. reporting to the Executive Director of any deviations from established
policies and procedures.
Rule 3: Accounting Basis
The ASEAN Centre for Energy shall use the accrual basis of accounting.
Rule 4: Alterations & Erasures
No figures shall be erased in any accounting document or record. If any
alteration is necessary, the original figures shall be crossed through in
such a way as to show the figures originally entered and the correct
figures shall be written above the cancelled ones. The alteration shall be
signed by the officer making the correction.
Rule 5: Cancellation and Loss
A receipt, voucher, cheque, or a purchase order which has been spoilt or
for any other reason cannot be issued, shall be clearly marked "cancelled"
across all copies, signed by the responsible officer and retained. There
should be no alterations to cheques and payment vouchers. In case of
error, the whole document shall be cancelled and a fresh one prepared. The
loss of any accounting record shall be reported to the Executive Director,
who shall in turn report it to the Chairman of the Governing Council.
Rule 6: Financial Year
The ASEAN Centre for Energy's financial year is from the 1st of January to
the 31st of December.
Rule 7: Financial Statements
The Administrative and Finance Manager is responsible for the preparation
of a quarterly financial statement, which shall include:
a. Balance Sheet
b. Income and Expenditure Statement
c. Statement of Cash Flows
d. Actual and Budget Analysis
e. Notes of Financial Statements
f. Other financial reports as deemed necessary by the Execuitve Director.
The Financial Statement shall be approved by the Executive Director and
submitted to the Chairman of the Governing Council within 15 working days
of the following quarter.
Rule 8: Annual Accounts
Within three months after the close of the financial year, a report of the
annual accounts shall be made and submitted to the Chairman of the
Governing Council in accordance with the regulations concerning auditing
of the accounts. This report will be used as the basis for the audit of
the accounts of the ASEAN Centre for Energy.
Rule 9: Audit
The accounts of the ASEAN Centre for Energy shall be audited by the
Independent Auditor within three months after submission of the annual
accounts to the Chairman of the ACE Governing Council.
Rule 10: Audit Documents
A comprehensive list of all supporting accounting and financial records,
duly signed by the Executive Director shall be submitted to the Chairman
of ACE Governing Council. The accounting and financial records so listed
shall be made available for audit examination purposes.
Rule 11: Reporting
The ACE Executive Director, with the assistance of the Administrative and
Finance Manager shall provide the Chairman and Members of the Governing
Council of ACE a report on the status of ACE funds every quarter.
The report of the Independent Auditor together with the audited financial
statements, shall be submitted to the Chairman of ACE Governing Council
which shall submit its report together with its comments to the next ACE
Governing Council Meeting.
Rule 12: Semestral
Financial Statement
The Administrative and Finance Manager shall be responsible for the
preparation of a semester financial statement, which shall include:
-
Statement of Assets and
Liabilities;
-
Statement of Income and
Expenditure;
-
Statement of Changes in
Cash Balances;
-
Notes to Financial
Statements (including budget analysis).
The Financial Statement
shall be approved by the Executive Director. The Financial Statement shall
be submitted to the Chairman of the Governing Council within 15 days of
succeeding semester.
Rule 13: Audited Annual Financial report
Within two months after the close of the financial year, a report of the
annual accounts shall be made and submitted to the Chairman of the
Governing Council in accordance with the regulations concerning auditing
of the accounts.
This report will be used as the basis for the audit of the accounts of the
Centre.
Rule 14: Audit Query
The Executive Director is responsible for ensuring that all audit queries
by the Independent Auditor are answered not later than one month from the
date of query.
Chapter VII. THE ASEAN
CENTRE FOR ENERGY SPECIAL INTEREST ACCOUNT
The ASEAN Centre for Energy Special Interest Account
Rule 1: Authority
The Executive Director is authorized to draw whatever money is earned by
way of interest and to place it in a Special Account that is distinct from
the ASEAN Centre for Energy’ s normal accounts. The Executive Director
may, with prior approval obtained from the Governing Council expend money
from this account to meet any unforeseen or urgent unbudgeted expenditure
that he may deem fit for the benefit of the ASEAN Centre for Energy. The
Executive Director shall periodically inform the Governing Council of the
state of the Special Interest Account.
Rule 2: Responsibility for Accounts
The Executive Director shall be responsible for the proper use and control
of the Special Interest Account. He shall prepare and maintain appropriate
annual statements on the utilization of the account. He shall ensure that
the following guidelines are complied with:
2.1 The Special Interest
Account shall be used only for unforeseen expenditures for which no
provision has been made in the budget and which, in the opinion of the
Executive Director is sufficiently urgent to warrant the seeking of the
ACE Governing Council prior approval.
2.2 It shall be used also for urgent and serious expenditures of an
emergency nature when the Executive Director is satisfied that the current
funds of the Centre are alarmingly low. Any amount thus drawn from the
Special Account shall be restored as soon as funds are available under the
annual budget.
2.3 The Special Interest Account shall not be used for the following
purposes
unless specifically and duly approved by the Governing Council:
a. Projects of the ASEAN Centre for Energy which come under separate
funding arrangements or are funded from specific grants;
b. Travelling, accommodations and other expenses of delegates attending
meetings and conferences of ASEAN;
c. Expenditures of a capital nature, such as those which may be needed to
improve the infrastructure of the ASEAN Centre for Energy, e.g. physical
expansion and upgrading of the Library and Documentation Centre, which may
be met from the normal budget of the ASEAN Centre for Energy; and
d. All other items already provided for in the budget.
Chapter VIII. THE ASEAN
CENTRE FOR ENERGY FUNDS HELD IN TRUST
Rule 1: Trust Fund
A Trust Fund is established for specific purposes and objectives. Each
trust fund shall have its own account. The account shall be distinct from
the ASEAN Centre for Energy 's operating accounts.
Rule 2: Disbursements Authorities
The Administrative and Finance Division shall make disbursements from
trust funds against presentation of disbursement requests duly approved by
the Executive Director in compliance with the trust fund guidelines.
Rule 3: Reporting
The designated Manager or staff of the project financed by the trust funds
are
responsible for monitoring all projects funded by the trust funds and
preparing monthly reports of projects funded by the trust funds. The
report shall include:
a. name of fund used
b. name of responsible focal point
c. country of project
d. name of project
e. project start date and estimated completion date
f. amount of funds approved for project
g. amount provided to project
h. date provided
i. project status
j. date project report received
k. actual amount expended (for completed projects)
I. amount to be refunded (for completed projects)
m. date refunded (for completed projects)
The Administrative and
Finance Division shall provide the pertinent financial information to
update the reports.
Rule 4: Ledger
The Administrative and Finance Division on a quarterly basis, shall
reconcile the report with the ledger, prior to finalization. The project
reports shall be included in the ASEAN Centre for Energy's financial
statements.
Rule 5: Unexpended Balances
Any unexpended balance shall be returned to the respective trust funds
within sixty (60) days of the completion of the project.
Rule 6: Additional
Requirements
Implementation of the projects shall be subjected to the "Additional
Reporting Requirements" for projects funded under the funds held in trust
at the ASEAN Centre for Energy.
Chapter IX. ASEAN CENTRE
FOR ENERGY BILATERAL AND MULTILATERAL FUNDS MANAGEMENT
Rule 1: Purpose
Bilateral and multilateral funds are provided by donor countries,
organizations or institutions to finance specific ASEAN Centre for Energy
programme and projects. The terms of each fund specify the purpose,
approved programmes and projects, the management structure and functions,
and the disbursement, accounting and reporting procedures.
Rule 2: Responsibility
The Executive Director is responsible for ensuring that each such fund is
managed in accordance with the set rules and procedures. A detailed budget
must be submitted to the fund management committee of the project for
approval and allocation of funds.
Rule 3: Accounting
Each bilateral and multilateral fund shall have its own account and must
be distinct from the ASEAN Centre for Energy operating accounts.
Rule 4: Disbursements
The Administrative and Finance Division shall make disbursements from a
fund against presentation of disbursement requests duly approved by the
Executive Director in accordance with fund's rules and procedures.
Rule 5: Reporting
The Executive Director shall submit reports on progress and financial
position of the fund as frequently as requested by the Governing Council.
Rule 6: Annual Accounts
The Executive Director shall submit an annual account summarising the
financial transactions of the fund to the Governing Council within the
specified time period, after the end of each financial year.
Rule 7: Audit
The accounts of all bilateral and multilateral funds shall be audited by
the Auditors assigned by the Donor Country or ACE.
Chapter X. SIGNING
AUTHORITY
Rule 1. Classification of
documents
ACE documents shall be classified into Primary, Secondary and Others.
Primary documents shall mean all agreements, understandings and contracts
that govern relationship between ACE and another institution, governmental
or non-governmental, in the conduct of programmes, projects or activities.
Secondary documents shall mean all documents concerning relationship
derived from primary documents.
Other documents shall mean documents that are neither Primary nor
Secondary such as employment contracts, purchase contracts, receipts and
other operational agreements.
Rule 2. Primary documents involving governments shall be approved by the
Chairman of the Governing Council. The Chairman may sign such documents or
delegate the authority to the Executive Director.
Rule 3. Primary documents involving companies, non-governmental
organizations and governmental organizations of limited functions shall be
signed by the Executive Director upon approval by the Chairman of the
Governing Council.
Rule 4. Secondary documents and other documents shall be approved and
signed by the Executive Director. The Executive Director may delegate the
signing authority in accordance with the ACE financial and staff rules.
PART III
RULES OF PROCEDURES OF THE ASEAN CENTRE FOR ENERGY
Rule 1. Organizational
Arrangements
1.1. Structure
The organizational structure of ACE is shown in Annex 1. The Governing
Council composed of the Leaders of the Senior Officials on Energy of the
ASEAN Member Countries (SOE-Leader) and one representative of the ASEAN
Secretariat, as ex-officio member, shall exercise overall responsibility
for the policy direction and supervision of the ACE.
An Executive Director (ED) shall be responsible and accountable for the
management of the ACE’s operation. A Programme Manager shall head each of
the five main Divisions of the ACE, namely: Conventional Energy, Renewable
Energy, Power, Energy Efficiency & Environment, energy Information,
Economic and Policy.
There will be a Manager for administrative and finance Division directly
reporting to the ED whose main function is to support the five Divisions.
An Accounts Executive and a Non-clerical Assistant shall assist the
Administrative and Finance Manager.
This organizational set-up will be reviewed from time to time and
modified, if necessary, by the Council according to fund availability, the
volume of activity, specific needs, and other important considerations
that may arise in the future.
1.2. Nodal Network
A network of specialized institutions in the member countries shall form
part of the manpower and technological resource that will provide the ACE
the capability to undertake varied projects and activities needed for
regional cooperation in energy. Each of these institutions or nodes will
have special or unique capabilities such as homegrown technologies, that
can service ASEAN needs. The services may be accessed for a fee or for
other considerations mutually agreed by the ACE and the concerned
parties/institutions/organizations. The ACE shall serve as a promotional
and marketing agent for the commercial service provided by each node.
To be a member of the network, an institution / organization shall make a
proposal in writing to the ED of the ACE, specifying the service offered
and other conditions that would encourage the commercialization of such
service. However, the proposal must be approved and/or endorsed by the SOE-Leader
of the country of origin.
Once approved by the Council, a Memorandum of Agreement (MOA) between the
Centre and the institution/organization will be signed to define the
expertise and coverage of service to be promoted. The MOA will specify the
responsibilities of each party to include the incentive package for the
country nodes.
1.3. Headquarter-based Experts pool
A pool of experts based in the Headquarters of the ACE in Jakarta shall be
established to complement the core staff. Funding for this pool of experts
shall be tapped from sources external to the Endowment Fund, such as but
not limited to, ASEAN Dialogue Partners, international funding
institutions, private companies, and others. Installation of each expert
shall be upon the approval of the Council as recommended by the ED. Their
terms of reference shall specify the project/activity and scope of service
wherein they shall operate within the ACE. They shall be under the
supervision of the ED or the staff member in-charge of the particular
activity or project that they are assigned to.
The recruitment procedure shall start from an official request to Member
Countries or proposal by the ED for an expert with specific
qualifications. Once a nominee is available, his qualifications shall be
evaluated by the ED and his staff and endorsed to the Council for
approval. In case there are more than one nominee vying for the position,
the nominee who receives the highest vote from the Council shall be
considered for the post. The ED shall then appoint the selected candidate
as the “Headquarter-based Expert” of the ACE.
1.4. Non – Resident Experts
Pool
Another pool of experts who are non-residents of the Jakarta Headquarters
shall be established to augment the capability of the ACE. This pool shall
be composed of personnel with expertise in any specific field of energy.
They will be available on call for any service that the ACE or any client
of the ACE may require.
To establish the roll of experts in this pool, the ED shall issue
announcements calling for applications for the pool. The applications will
be evaluated by the ED and Staff of the ACE and endorsed to the Governing
Council for approval. Upon approval by the Council the ED shall give each
candidate an appointment, subject to the existing terms and conditions on
employment of the country of origin and enter him in the roll of the“Non-Resident
Experts” of the ACE.
A non-resident expert from a private or public organization may be
commissioned as necessary by the ACE provided that the said organization
consents in writing and allows the individual to take an official leave of
absence to render service for the ACE subject to the existing terms and
conditions on employment of the country of origin.
1.5. Relationship with other ASEAN Entities
Consistent with the Charter. ACE shall relate with other entities of the
Association of Southeast Asian Nations in the manner as illustrated in
Attachment XI.
The ACE shall act as a staff organization between SOME/AMEM and the
specialized ASEAN energy organizations including the Heads of ASEAN Power
Utilities/Authorities (HAPUA), ASEAN Council on Petroleum (ASCOPE), the
ASEAN Forum on Coal (AFOC), the Energy Efficiency and Conservation
Subsector Network (EE&C-SSN), the New and Renewable Sources of Energy
Subsector Network (NRSE-SSN) and the ASEAN Energy Business Forum (AEBF).
As a staff organization, the ACE shall therefore provide the necessary
administrative and other organizational assistance to these specialised
bodies in order to facilitate and enable them to undertake the tasks
required by the SOME/AMEM. In the meantime when any of these organisations
have not yet established their Permanent Secretariat, the ACE shall
provide the Secretariat services that they may request. During the Annual
Meeting of these organizations the ACE shall provide, when requested,
personnel for the secretariat services.
In dealing with an ASEAN Dialogue Partner, a country or international
organization that has established cooperation with the ASEAN to promote
the mutual interest of both sides, and other ASEAN bodies and
instrumentalities, the ACE after consultations with the Council shall
course its actions through the ASEAN Secretariat. The ACE may, however,
deal directly with non-dialogue partners and non-ASEAN entities with the
Council duly informed of the outcomes.
Rule 2. Authority for
Promulgation of policies, Rules, Administrative Orders and Appointments
2.1. Policies and Rules
The Council shall have the sole authority in promulgating the policies and
rules of the ACE including their amendments. These include the Business
Plan, Rules and Procedures and Work Programme and Budget.
2.2. Administrative Issuances
The ED may issue instructions to the ACE staff and its constituent units
concerning procedures for the operation and implementation of policies and
rules, as well as projects/activities. These instructions shall constitute
Administrative Orders or Memorandum Orders. Administrative Orders or
Memorandum Orders shall be ratified at the Council Meeting immediately
following their issuance in order to remain valid after that.
2.3. Appointment of Personnel
The ED, with authority vested by the Council, shall have the sole
authority in appointing core staff of the ACE and the experts pools.
Approval for placement in specific positions of these personnel shall,
however, be secured from the Council prior to the respective appointments.
Rule 3. Legal
Personality and Contracts
3.1. Legal Personality
ACE shall possess juridical personality and shall then have the capacity
to: 1) conclude agreements with states and organizations local or
international; 2) contract; 3) acquire and dispose of property and 4) be a
party to legal proceedings. ACE shall be regarded as a non-stock,
non-profit intergovernmental organization.
3.2. Representation in Contracts
The ACE shall be represented in contracts/agreements consistent with
Chapter X. Signing Authority of the Part II. Financial Rules & Procedures
Manual.
3.3. Representation in Legal Proceedings/Transactions
The ACE shall be represented in any legal proceedings or transactions by
the signatory of the involved legal document. The ED, assisted by a legal
counsel duly hired by the ACE, shall, however, provide the representation
if so requested, by the signatory. The ACE shall defray all expenses
relative to the representation in legal proceedings and transactions
involving the ACE contracts.
3.4. Depository of Legal Instruments
All legal instruments of the ACE shall be deposited with the Secretary
General of ASEAN Secretariat. Copies of such legal instruments shall be
made available to all the Member Countries, through the SOE-Leaders.
Rule 4. Headquarters
4.1. Base of Operations
The principal base of operation of the ACE shall be at its headquarters in
Jakarta, Indonesia. Other bases of operation may, however, be established
by the Council as ACE branch offices in different localities for specific
programmes and purposes.
4.2. Provision of Headquarters and Branch Offices
By virtue of Article 1.2. and Article 6 of the ACE Establishment
Agreement, the Government of the Republic of Indonesia shall provide the
premises, building and office facilities of ACE in Jakarta which shall
serve as its headquarters. For branch offices, the host countries or
institutions shall provide the necessary office and facilities.
4.3. Headquarters Agreement
The ACE shall conclude with the Government of the Republic of Indonesia a
Headquarters Agreement relating to the premises, office space, operational
facilities and support utilities for ACE. The agreement shall also include
privileges for the Centre and its staff as may be necessary for the
performance of their duties and functions similar to those accorded to the
ASEAN Secretariat and its Staff.
Rule 5. Sources of Financial and Technical Requirements
5.1. Income from Services and Sales
The ACE may derive income from services and/or sales provided that such
services or sales are not in commercial competition with those of private
organizations or entities. The services may include such tasks as
consultancy, management and analytical services rendered by its staff and
pool of experts and nodal network within and outside the region,
information networking, training, business facilitation and conference
arrangements. On the other hand, sales may pertain to publication,
advertisement, information , and equipment sales and such other sale
transactions that may be allowed by law for an intergovernmental
organization and as may be permitted by the Council.
5.2. ASEAN Energy Endowment Fund
All proceeds from the ASEAN Energy Endowment Fund provided for in the
Establishment Agreement shall be used to finance the operations of the
ACE, subject to the rules and procedures that the Council may promulgate
for the investment and use of the fund.
5.3. Grants for Specific Cooperation Programmes
The ACE shall be entitled to grants for ASEAN energy cooperation
programmes from dialogue and non-dialogue partner countries and
institutions. Agreements for these grants shall be the responsibility of
the Council or the ASEAN Secretary- General.
For management and administrative services of these cooperation programmes,
the ACE shall be entitled such to management fees and administrative
overheads as may be agreed upon with the entity providing the grant.
5.4. Corporate Sponsorship
The ACE shall seek corporate sponsors for its work. Corporate sponsors may
be enlisted as members of the “ACE Supporters Club”. Annual membership
subscription shall be at least 1,000 US dollars for ASEAN companies and
2,000 US dollars for Non-ASEAN companies. In return for their membership
subscription, they shall be entitled to free access to the ACE Homepage,
special package rates for training courses and paid conferences,
complimentary copies of publications, and all non-classified data and
information services of the ACE.
5.5. Donations
The ACE shall accept donations in-kind or in-cash from the Member
Countries, Dialogue and non-Dialogue partner countries and institutions as
well as individuals, provided that such donations are of direct relevance
to certain activities, goals and purposes of the ACE and the ASEAN energy
sector. Such donations may include headquarters and branch office premises
and facilities, core staff personnel and experts for the experts pool of
the ACE. They may also be in the form of cash donations to defray for
certain expenditures of the ACE, especially those intended for the purpose
of enabling the pursuit of the ASEAN energy cooperation programme.
Acceptance of such donations shall be approved by the Council and
acknowledged by the ED and the Head of Administrative Services.
Rule 6. Work Programme
6.1. Preparation and
Approval
The ED and the ACE Staff shall prepare the Work Programme proposals over
five-years and over such longer periods as may be required by the Council.
The work programmes shall be deliberated and approved by the Council.
On the basis of the approved work programmes the ED and the ACE Staff
shall prepare an Annual Work Programme proposal coinciding with the
calendar year (January 1 – December 31). This proposal shall be submitted
for the approval of the Council at least one month prior to the start of
the fiscal or calendar year. Council deliberation on the Annual Programme
may be through meeting or ad referendum. In case the proposed Annual
Programme is not approved in time for the start of a year with no approved
Work Programme, the operations of the ACE shall be limited to continuing
activities and core operations; and expenditure shall be limited to the
level of the previous year’s expenditure.
6.2. Amendments and/or Reprogramming
Amendment or reprogramming of the Annual Work Programme shall also be the
sole authority of the Council. The ED shall request for the Council’s
approval for any amendment or reprogramming at least three (3) months
prior to its intended application and purpose.
6.3. Implementation
The ED shall be responsible for the implementation of the approved Work
Programme and Budget. He may, however, delegate the management and
supervisory authority for certain projects/activities to any member of the
ACE Staff and/or experts pool or to any personnel as may be agreed upon
between the ACE and the source of funds for the particular
project/activity.
6.4. Reporting and Monitoring
All persons responsible for the implementation of the ACE
projects/activities shall submit to the ED a quarterly progress report on
their project/activities within ten days after the end of the quarter. In
turn, the ED shall submit to the Council a semestral progress report on
the ACE project/activities within twenty days after the end of the
semester. Such progress reports shall include the financial aspects of
each project/activity.
The ED and the Chairperson of the Council may undertake monitoring
evaluation and/or site visits for any ACE project/activity at anytime.
6.5 Corrective Measures
Subject to sound management practices and the existing Staff Regulations,
the ED may employ corrective measures such as replacement of personnel and
termination of contract during the implementation of a project/activity.
For as long as time permits, without incurring substantial damage to the
ACE., consultation with the Chairperson and Members of the Council must,
however, be made prior to the application of such measure.
Rule 7. Selection and
Appointment of the Executive Director
7.1. Selection
Within at least six months prior to the end of the term of the incumbent
ED, the Council shall select a successor through rotational basis in
accordance with ASEAN practice. The following criteria shall apply as
minimum requirement for nomination to the position:
a. Citizen of the
nominating ASEAN Member Country;
b. Not more than 65 years in age;
c. In good health as certified by a physician;
d. Possess a college degree, at least at Bachelor's level, preferably in
the field of engineering, science, economics;
e. Proficiency in English language;
f. At least 10 years experience in energy development and/or management;
g. Good moral character, with no criminal record;
h. Able to work with people of varied nationalities, religion, language
and race;
i. Proven capability in managing an organization with at least 10
professionals.
7.2. Orientation and
Appointment
The incoming ED shall be given orientation by the outgoing ED at the ACE
Headquarters within one month prior to the start of his term. The
Chairperson of the Council shall issue the appointment for the incoming ED
of the ACE within one week prior to the start of his term.
Part IV
Rules and Procedures of Meetings of the Governing Council
Rule 1.Quorum
The presence of two-thirds of the Members of the Council shall constitute
a quorum for its meetings.
Rule 2. Decision Making
2.1. Each Leader of the
Senior Officials on Energy (SOE-Leader), representing an ASEAN Member
Country shall have one vote. The representative of the ASEAN Secretariat
who is an ex-officio member of the Council, shall be entitled to
participate in deliberations of the Council, but without the right to
vote.
2.2. The Members of the Council shall reach agreement on all matters by
consensus. Consensus shall mean agreement reached when all members agree
to take a common stand on an issue.
2.3. Decisions of the Council may be reached by ad referendum, a process
of arriving at a collegial decision through consultation with the
concerned parties without meeting.
Rule 3. Chairperson and
Vice-Chairperson
3.1. Chairperson and
Vice-Chairperson
The Chairperson and Vice-Chairperson of the SOME shall be the Chairperson
and Vice-Chairperson of the ACE Governing Council. The Vice-Chairperson
shall act as Chairperson of the Council in the absence or incapacity of
the Chairperson as attested by the Chairperson’s Government.
3.2. Chairperson’s Function
In general, the Chairperson acting on behalf of the Council, shall be
responsible for all decisions of the Council and the processes in which
they are reached. In particular, his functions shall be, but not limited
to, the following:
-
To represent the Council in
primary contracts and agreements of the ACE;
-
To convene the Annual
Meetings of the Council in conjunction with the SOME;
-
To call for Special
Meetings of the Council upon the request of any of the Council Members;
-
To supervise over the ED of
the ACE and exclusively provide guidance on matters of policy and
direction;
-
To conduct consultations
with Council members and arrive at decisions on an ad referendum basis for
urgent issues that may be addressed through an exchange of written
deliberations;
-
To have oversight overall
responsibility for the ASEAN Energy Endowment Fund including its
collection, procedures for investment and use of proceeds, as well as the
preservation of the right of each Member Country for its possession and
disposition.
-
To represent the ACE in
legal proceedings/transactions whenever his presence is necessary in the
interest of the organization.
Rule 4. Conduct of Meetings
4.1. ASEAN Guidelines for Conduct of Meetings
The meetings of the Council shall follow the ASEAN guidelines whenever
applicable.
4.2. Council Meetings
The regular meeting of the Council (Regular Council Meeting) shall be once
a year in conjunction with the SOME, except as otherwise decided by the
Council at special occasions.
The agenda for each Regular Council Meeting shall include, but not limited
to, among others, the following:
-
Opening Statements;
-
Adoption of Agenda;
-
Reports on the Progress of the ACE’s Work Programme;
-
Financial Report;
-
Proposed Work Programme and Budget for the following year;
-
Consideration of Special Issues, if any;
-
Date and venue of next meeting; and
-
Other matters
Attendance at meetings of the Council shall be confined to the Council
Members. ASEAN Secretariat and their respective delegations; the ED and
members of the ACE staff (except on occasions that the Council may require
their exclusion through prior advice by the Chairperson with the ED), and
resource persons that may be enlisted by the Council during its
consideration of an Agenda. The ED may propose the attendance of certain
resource persons during the discussion of an Agenda item.
For every meeting a Rapporteur or a group of Rapporteurs shall be
designated by the host country. He/she/they shall be assisted by duly
designated staff members of the ACE and the ASEAN Secretariat.
4.3. Special Meetings
The Chairperson may convene a Special Council Meeting as needed and at the
request of any Council Member. Attendance to such meeting may be confined
to a number of Council Members concerned and ASEAN Secretariat subject to
consensus. The agenda for Special Council Meetings may vary according to
the specific issue being tackled.
Rule 5. Report to the ASEAN Ministers of Energy Meeting (AMEM)
The Council, through the Chairperson, in his concurrent capacity as
Chairperson of SOME, shall report to the AMEM the overall progress and
development of activities of the ACE.
Rule 6. Dates and Venue of Meetings
6.1. Regular Council Meeting
The Regular Council Meetings of the ACE shall be held in proximity to the
date and venue of the Regular SOME, except as otherwise decided by the
Council under special circumstances.
6.2. Special Meetings of the Council
These meetings may be held at the date and venue that is convenient to the
host country. In the absence of a host country a Special Council Meeting
may be hosted by the ACE Headquarters subject to concurrence of the
Council to use the ACE funds for the purpose.
Part V. General
Provisions for the Consolidated Rules and Procedures
Rule 1. Effectivity
These Rules and Procedures shall take effect immediately after its
adoption by the Governing Council.
Rule 2. Amendments
The Council may, by consensus of its members, amend these Rules and
Procedures. An amendment shall enter into force one month after its
adoption by the Council.
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