Indemnity payable on termination of a limited duration contract not followed by the offer of an indefinite contract

Applicable to:  Staff members

General

In accordance with Annex R A 11 of the Staff Regulations, an indemnity may be paid in the event of termination of a limited duration contract not followed by the offer of an indefinite contract.

This indemnity corresponds to one half of a month’s basic salary per completed year of uninterrupted service as a staff member. In the case of part-time work, the amount is calculated in proportion to the working time for the entire duration of the contract.  

Pursuant to Administrative Circular No. 30, the indemnity for termination of a limited duration contract is payable once all the departure formalities have been completed.

Notes:

  • If the member of the personnel concerned holds a contract of association with the Organization when his staff contract expires, he is still entitled to the payment of the indemnity for termination of a limited duration contract.

  • No indemnity for the termination of a limited duration contract is payable where the contract terminates at the retirement age.

  • Unpaid leave (except parental leave and compassionate leave) is not taken into account when calculating thenumbers of completed years of uninterrupted service as a staff member.

  • The indemnity for termination of a limited duration contract is deducted from any unemployment benefits paid by CERN.

Procedure

1. Administrative formalities

When a limited duration contract terminates and is not followed by the offer of an indefinite contract, the Human Resources Advisers (HRA) indicates the number of months of basic salary to be taken into account for calculating the indemnity in the Personal Action Form "Review of Appointment Expiry" in EDH .

This information is then processed by the HR Department's administrative services and sent to the Salaries Office.

2. Payment of the indemnity

After the contract has terminated, the Salaries Office checks that the staff member has completed the departure formalities. 
The indemnity for termination of a limited duration contract is paid directly into the staff member's bank account. 

In the event of a change of bank account, the member of the personnel must inform the Salaries Office of his new bank details in advance.  

Revisions 

No revision Modifications Approved
1 Suppression of the calculation method applicable to the staff recruited before 01.08.2009. 16.09.2016