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Entitlement for service rendered (361,-666)

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Keywords: Entitlement for service rendered
Total judgments found: 8

  • Judgment 2440


    99th Session, 2005
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 8 and 9

    Extract:

    An international organisation cannot presume that a staff member participated in industrial action, and withold part of his/her salary, if it does not have proof of his/her participation in the collective actions.

    Keywords:

    complaint allowed; complaint allowed in part; deduction; entitlement for service rendered; evidence; organisation's duties; participation; salary; strike;



  • Judgment 1985


    89th Session, 2000
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    The complainant was not required to work during the period from June 1995 to September 1997. She claims annual leave for that period. "Annual leave is a period of rest granted to employees each calendar year, the length of which is calculated on the basis of service completed, and that the right to such leave may be acquired only after a period of actual work which may include periods, of which there is an exhaustive list, that are treated as periods of actual work. The complainant completed no period of service which may be treated as a period of actual work, and so may not claim annual leave for the period in question."

    Keywords:

    annual leave; commutation of accrued leave; entitlement for service rendered; leave;

    Consideration 9

    Extract:

    "The purpose of home leave is to allow employees whose work separates them for a specified period from the place with which they have the closest connection outside the country in which they are employed, to return there in order to maintain their ties. The complainant was not required to work during the period from June 1995 to September 1997; and she does not deny residing in Canada, her home country, during that period. Therefore, she may not claim home leave for the period in question. The fact that the [organisation] granted her the expatriation allowance retroactively does not imply that she was also entitled to home leave."

    Keywords:

    allowance; entitlement for service rendered; home; home leave; leave;



  • Judgment 615


    53rd Session, 1984
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "it is common ground between the parties that a staff member who goes on strike is not entitled to payment for the period during which he has ceased to work. this is a corollary of the principle which says that remuneration is due only for services rendered."

    Keywords:

    deduction; entitlement for service rendered; salary; strike;



  • Judgment 566


    51st Session, 1983
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "as a matter of principle a strike is lawful. it does not break the contract of employment or the administrative link between an organisation and its staff. the employee continues to be a member of the staff and the only provisions of the staff regulations to be suspended are those which are incompatible with the work stoppage. salary is withheld by virtue of a provision in the regulations, the requirement of payment for services rendered, and any provision which is not incompatible with the existence of a strike remains in force."

    Keywords:

    consequence; contract; entitlement for service rendered; right to strike; salary; strike;

    Consideration 3

    Extract:

    "the parties are agreed that a staff member who goes on strike is not entitled to payment for the period during which he has ceased to work. this is a corollary of the principle which says that remuneration is due only for services rendered. the sole point in dispute is the method of calculating the deduction."

    Keywords:

    deduction; entitlement for service rendered; reckoning; salary; strike;



  • Judgment 481


    48th Session, 1982
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    it appears from the applicable provisions that "the monthly salary is 1/12 of the yearly salary, and the daily salary 1/360 of the yearly and 1/30 of the monthly salary. the complainant was on unauthorised leave for two hours, i.e. for one quarter of a normal working day. it was therefore right to deduct a sum corresponding to 1/120 of her monthly salary."

    Keywords:

    amount; deduction; entitlement for service rendered; proportionality; salary; unauthorised absence;



  • Judgment 463


    46th Session, 1981
    World Tourism Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    under the so-called service rendered rule, an official is entitled to remuneration in respect of services rendered. it is true that this is only a general rule. in some cases, the director-general may relieve the staff member from his duty without loss of salary. however the reasons for this must be clearly stated.

    Keywords:

    entitlement for service rendered; exception; proportionality; salary;



  • Judgment 391


    43rd Session, 1980
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    "there is no need to consider whether it is a breach of the rule [requiring consideration for services rendered] to reduce remuneration without reducing working time. in this case both salary and working time were reduced. whatever may have been the reasons for granting compulsory leave, there was no breach of the rule."

    Keywords:

    compensatory measure; entitlement for service rendered; leave; reduction; salary;

    Consideration 8

    Extract:

    "according to the rule requiring consideration for services rendered, which is a rule of international as well as national civil service, the official's right to remuneration depends on the performance of the work he is given to do."

    Keywords:

    entitlement for service rendered; salary; working hours;



  • Judgment 314


    39th Session, 1977
    International Patent Institute
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    "according to a principle of international public service salary is generally payable only for services rendered, and so the [organisation] was right to refuse to pay a staff member who went on strike for the period in which he did not work."

    Keywords:

    deduction; entitlement for service rendered; international civil service principles; salary; strike;


 
Last updated: 19.09.2019 ^ top