Procedure of the ASEAN Centre for

Energy and ACE Governing Council

(Adopted by the 5 th Meeting of ACE Governing Council on 16 January 2003)

Contents:

Preamble

Part I:

• Staff Regulations
• Scope and Purpose
  • Chapter I.    Staff Regulation for ASEAN Centre for Energy Members
  • Chapter II.  Staff Regulation for Locally Recruited Staff (LRS) Members

Part II:

• Financial Rules & Procedures Manual
   
  • Chapter I    :  Budget System
  • Chapter II   :  Financial Control System
  • Chapter III  :  Receipts and Payment
  • Chapter IV  :  Procurement and Acquisition System
  • Chapter V  :  Assets Management System
  • Chapter VI :  Accounting and Auditing System
  • Chapter VII :  Special Interest Account
  • Chapter VIII:  Funds Held in Trust
  • Chapter IX  :  Bilateral and Multilateral Fund Management
  • Chapter X   :  Signing Authority

Part III:

• Rules of Procedure of the ASEAN Centre for Energy

Part IV:

• Rules and Procedures of Meeting of the Governing Council

Part V:

• General Provisions for the Consolidated Rules and Procedures

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:

1. Planning and establishing work priorities for each staff member in the light of the broad goals and objectives of the Centre;

2. Motivating, monitoring and providing feedback on the performance of staff members of the Centre;

3. Identifying areas of competence for further improvement;

4. Awarding salary increments;

5. Renewing contracts;

6. Considering the staff members suitability for appointment to higher positions;

7. 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:

1. Review of the suitable of performance goals;

2. Areas of strength on which to build;

3. Areas of performance requiring further development; and

4. 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:

1. If the conduct of the staff member does not meet the highest standards of integrity required under these Regulations;

2. 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;

3. 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

1. Technical Officer

2. Technical Assistant

L.2.2. Supporting Locally Recruited Staff

1. Administration: Assistant, Secretary, Clerk, Operator

2. 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:

1. the nature of appointment;

2. the date on which the Locally Recruited Staff member shall be required to assume the post;

3. the period of appointment and the notice required to terminate it;

4. the salary and emoluments attaching to the post with the commencing rate of salary;

5. that the appointment is subject to the provisions of the Staff Regulations and to changes made on such Regulations from time to time;

6. the behavior deemed appropriate for a member of the ASEAN Centre for Energy

7. any special conditions which may be applicable; and

8. 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:

1. issue statement to the press, radio or other agencies of public information;

2. accept speaking engagements;

3. take part in film, theater, radio or television production; or

4. 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:

1. Rating 1 - 12.5 % salary increase

2. Rating 2 - 10 % salary increase

3. Rating 3 - 7.5 % salary increase

4. 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:

1. Transportation allowance

2. Special meal allowance

3. Overtime pay

4. Lebaran or Christmas/New Year bonus (an additional month salary)

5. Medical care in case of accident while on duty

6. Medical compensation in case of illness or childbirth

7. Dental and Eyeglass Reimbursement

8. Indemnity allowance

9. Life insurance

10. 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.

1. Claims for outpatient medical consultations and treatment and for medical check ups (for staff only) based on doctor's prescription shall be reimbursed 100 %.

2. Reimbursement shall be upon presentation of valid bills of expenses incurred.

3. Medical claims for non-prescribed medicines, such as vitamins, dietary supplement, and cosmetics, shall not be allowed.

4. 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
Prog