Project R-13349

Changeability of working conditions in international organisations. (Research)

This report reflects the research carried out on request by the Ministry of the Interior and Kingdom Relations of the Netherlands, regarding the changeability of working conditions in international organisations. The main research question put forward is what conditions must be met to implement changes in working conditions as there exists a tension between the changeability of working conditions of staff working for international organisations and the doctrine of acquired rights and legitimate expectations. The main question that is assessed whenever confronted with a plea of breach of acquired rights can very briefly be summarized as whether the change could reasonably have affected the employee's choice to accept the appointment or not. This obviously is a subjective assessment to be made. The evaluation will mainly be based on determining whether the altered term is to be considered fundamental or essential as to affect the balance of contractual obligations. Although the well-developed principle of acquired rights might give the impression that employees are highly protected to changes to their working conditions, it has to be emphasised that complaints are only successful in a relatively small number of cases. It might come as a surprise that the (alleged) protection staff members assume to enjoy under the principles of acquired rights and legitimate expectations is overestimated. Although staff members often plea a breach of these principles, most judgements do not uphold such a breach. The protection of staff under the principle of legitimate expectations also needs to be highly nuanced. Irrespective of the (slightly different) approaches by the various tribunals, any given assurances (promises, expectations, etc.) must comply with the rules. When those rules are altered (insofar as they do not breach any acquired right), the 'legitimate expectation' may cease to exist. Apart from adhering to the principle of acquired rights and legitimate expectations, organisations need to be vigilant to respect all (general) principles – and in a context of changed working conditions – pay especially attention to the principles of non-retroactivity and duty of care. In order to reply to the main question what conditions must be met to implement changes in working conditions, it appears that the main factor for organisations is to make sure that these changes do not upset the contractual balance between employer and employee and that the general principles of the international civil service (good faith, non-retroactivity, duty of care, etc.) are respected.

01 July 2022 - 31 December 2022