Individual Contract Policy

Legal Status, Rights and Obligations of an Individual Contractor

141. 
     Individual contractors serve in their independent, individual capacity and not as representatives of a government or any other organization, including UNDP. Individuals engaged through individual contracts or reimbursable loan agreements do not enjoy the status of ‘staff members’ under the UN Staff Regulations and Staff Rules.  
     
142. 
     In special circumstances, individual contractors may be given the status of ‘experts on mission’ in accordance with Section 22 of Article VI of the Convention on the Privileges and Immunities of the United Nations of 13 February 1946. Such determination is made in each case by the UN Secretary-General, who alone has the authority to assert immunity on behalf of the United Nations. When this special status is accorded, an ‘expert on mission’ may be provided with a UN Certificate for the period she/he is engaged by UNDP. ‘Experts on mission’ are not entitled to a UN lLaissez-Passer.
     
143. 
     During the period of service with UNDP, individual contractors are required to uphold the standards of conduct set forth in their individual contract and the Regulations Governing the Status, Basic Rights and Duties of Officials other than Secretariat Officials, and Experts on Mission (ST/SGB/2002/9). Individual contractors are bound by the terms of their contract to respect the impartiality and independence of the United Nations and exercise the utmost discretion in all matters relating to the performance of their functions and official UN business. They may not engage in any activity that is incompatible with the discharge of their duties with the Organization and are required to exercise the utmost discretion in all matters of official business of the Organization.  
     
144. 
     Unless specifically authorized by UNDP, individual contractors may not communicate at any time to the media, or to any institution, person, government or other external authority any information that has not been made public and that has become known to them by reason of their association with UNDP, except in the course of their duties or by authority of the UNDP Administrator or his/her designate. They shall not use such information for private advantage. These obligations do not lapse even after the end of their service to UNDP.
     

Prohibition of Sexual Exploitation and Abuse

145. 
     Individual contractors must comply with the Standards of Conduct set forth in the Secretary-General’s Bulletin ST/SGB/2003/13 of 9 October 2003 concerning “Special Measures for the Protection of Sexual Exploitation and Sexual Abuse.” In particular, the individual contractor shall not engage in any conduct that would constitute sexual exploitation or sexual abuse, as defined in the bulletin.
     

No Employer/Employee Relationship

146. 
     Nothing in the individual contract shall establish the relationship of employer and employee between UNDP and the individual contractor. Individual contractors are not staff members. They may not hold positions in any of UNDP’s institutional bodies, committees or the UNDP Staff Association/Council, and may not have any voting rights within UNDP.
     
147. 
     For information on restrictions on employment after separation, please also see the UNSG Bulletin on Post-Employment Restriction.
     

Security Plan

148. 
     All individual contractors must be included in UN/UNDP security plans and arrangements in effect at any duty station. This does not apply to contractors engaged on an intermittent/on-call basis, who are paid by the hour/day or who are working from home (i.e., without the need to be within UNDP premises or UNDP-designated locations). When individual contractors are on duty during any security-related incidents, they must be included in any physical measures that the UNDP business unit may take to mitigate security risks related to all personnel under UN contracts.
     
149. 
     Where an individual contractor works from home, physical security measures will not apply to his/her home, but he/she shall be included in all UNDP dissemination of security information, briefings, trainings, communications, etc.
     
150. 
     Any decision to evacuate individual contractors for political or security reasons shall rest with UNDP. All evacuation procedures applied to any UN staff shall be extended to individual contractors, but they should be advised that no dependent(s) accompanying them to the duty station are included in such procedures.
     
151. 
     Political or security evacuation must be distinguished from medical evacuation, the cost of which shall be borne either by the individual contractor or his/her own insurance carrier.
     
152. 
     Should the Individual require his/her own personal security services to minimize security risks, or as may be necessary in a given duty station, such costs shall be borne fully by the individual.
     

Individual Contractor’s Rights and Obligations

153. 
     The rights and obligations of the individual contractor are strictly limited to the terms and conditions of the individual contract. Specifically:
     

1. 
   Individual contractors are engaged for their skills and expertise, in order to produce defined deliverables. Under specific circumstances, they can participate as non-voting members of corporate committees providing advisory services/support in their substantive area of expertise.
   
2. 
   Services must be performed within the timeframe set forth in the contract. The provision of services carries no authority or legal rights to bind UNDP in any agreement, nor does it create any additional rights for the individual contractor or additional obligations for UNDP.
   
3. 
   Individual contractors are responsible for paying any taxes derived from any earnings received from UNDP in their home country. Where they are on assignment outside of their home country and benefit from the status of persons performing services for UNDP in accordance with the Standard Basic Assistance Agreement or other applicable treaty, their earnings from UNDP in the country of assignment are exempt from taxation.
   
4. 
   Individual contractors are not entitled to any benefits, compensation or subsidies except those explicitly provided for in the contract. They are not entitled to any staff entitlements such as annual leave, sick leave, or maternity leave.
   
5. 
   Individual contractors are not entitled to reimbursement of any taxes.
   
6. 
   Individual contractors must not be given any form of representational, supervisory approving or signing authority that would create any legal and/or financial obligations for UNDP (e.g., Atlas approving authority, signing of contracts, etc.).
   
7. 
   The granting of UNDP business cards to individual contractors is strongly discouraged. Where the nature of the work necessitates business cards, the following requirements must be met:
   

1. 
   A justification has been established in writing and duly approved by the head of the business unit;
   
2. 
   The business card may mention the title of a UNDP project under which the contractor is delivering outputs but shall not bear the logo of the United Nations or UNDP; and
   
3. 
   The designation of the individual contractor must not resemble the nomenclature for any UNDP staff function, and must be indicative of the temporary nature of the assignment (e.g., consultant, etc.).
   

8. 
   When required by the assignment or the kind of services to be performed, individual contractors may be given a UNDP email address. The relevant UNDP staff supervisor can also request UNDP Intranet access, as needed. The business unit shall be responsible for monitoring and ensuring that said email accounts are disabled upon completion of the contract.
   
9. 
   Individual contractors do not participate in the United Nations Joint Staff Pension Fund and will therefore not be eligible for any benefits from it related to the period of service under an individual contract.