International > Report of the Governing body of the International Institute of Intellectual Co-operation > 1931

— i8
Article 30.
The appointment of any official may be cancelled by the Institute either in virtue of the
rule laid down in Article 5 of the present Regulations, or as the result of circumstances necessi¬
tating a reorganisation of the work, account being taken in both cases of the legitimate interests
of the official as guaranteed by the Regulations. The decision shall be taken by the authority
making the appointment.
Officials must be notified of the cancellation of their appointments at least six months in
advance ; this period is reduced to three months when the duration of the contract or the
period for which it is still valid does not exceed two years.
Any termination of contract under the present article entitles the official to the compen¬
sation provided for in Article 35 of the present Regulations.
Article 31.
In the case of sickness lasting more than three consecutive months, the authority which
appointed the official concerned may terminate the engagement, subject to the payment of
the compensation provided for in Article 35 of the present Regulations.
Article 32.
An official on probation may be discharged at one month’s notice if he fails to perform
his duties in a satisfactory manner. The decision in such cases shall be taken by the Directors’
Committee if the official has been appointed by that Committee or by the Governing Body,
or by the Director if the official has been appointed by him.
Article 33.
In each individual case a decision must be taken at the end of the period of probation
regarding either the final appointment of the official or the extension of the period of probation.
This decision shall be taken by the authority who made the appointment under Article 5
of the present Regulations.
Article 34.
The Institute may dismiss immediately any official entitled to notice under Articles 30,
31 and 32 of the present Regulations, provided he is paid the salary for the period of such notice.
Article 35.
An official whose contract of service is terminated under Article 30 or Article 31 of the
present Regulations shall be allowed compensation calculated on the basis of two months’
salary per year’s service, but the said compensation shall not be less than three months’ salary
or more than a year’s salary.
The provisions of this article shall not affect the application of the Regulations regarding
the granting of pensions or retired pay provided for in Article 26 of the present Regulations,
11. Means of Redress. 1
Article 36.
Any official who considers that a decision taken in regard to him by an organ of the Insti¬
tute is, from the legal point of view, contrary to the terms of his appointment shall be entitled
to apply, within fifteen days from the date on which the decision is notified to him, to the
Governing Body for the purpose of securing the re-examination of the case.
The decision taken by the Governing Body after the matter has thus been submitted
to it shall be communicated to the official in writing.
Within one month from the date of such communication, the official shall have the right
to submit to the Administrative Tribunal of the League of Nations for arbitration the question
1 The duties devolving on the members of the Administrative Tribunal of the League of Nations under
the present article were decided after an exchange of letters between the Chairman of the Governing
Body of the Institute and the Secretary-General of the League of Nations on the one hand, and the Chairman
of the Governing Body and the members of the Administrative Tribunal on the other.
The following are annexed (see Sub-Appendices) :
(a) Letter dated February 3rd, 1931, from M. Painleve, Chairman of the Governing Body
of the Institute, to the Secretary-General of the League of Nations, communicating a report by
M. Pilotti, M. Nisot and M. Weiss, concerning the settlement of disputes relating to decisions taken
by the Institute in regard to its officials ;
(b) The Secretary-General’s reply to M. Painleve, dated February 26th, 1931 ;
(c) M. Painlev6’s further reply to the Secretary-General, dated March 6th ;
(d) Letter dated May 8th, 1931, from M. Painleve to each member of the Administrative Tribunal.
The members of the Administrative Tribunal having signified their acceptance, the terms of Article 36
are finally settled.