Administrative Circular No. 23 – Special Working Hours

This Circular applies exclusively to Employed members of the personnel (MPEs). It aims to clarify the procedures regarding:

• The remuneration of special working hours, and

• The organisation of stand-by duty and shift work.

Background

As part of the international "DUNE at LBNF" project, CERN has committed to send personnel to Spain and the United States (to the SURF underground laboratory in South Dakota). These assignments involve very specific working conditions: unusual hours, night shifts, weekend work, and work in underground or confined environments—outside the usual duty station.

Starting in January 2023, CERN Management presented to the Standing Concertation Committee (SCC) the framework intended for these deployments. However, a significant regulatory obstacle quickly emerged: under Article R.III.1.10 of the Staff Rules and Regulations (SRR), overtime, official holidays, Sundays, or night hours worked during duty travel are neither compensated nor paid.

To ensure that colleagues already affected are not disadvantaged, a pragmatic solution was agreed upon in concertation: the Director-General may exceptionally derogate from Article R.III.1.10, thus allowing for the compensation or remuneration of special working hours performed in the context of these demanding missions.

These hours are to be recorded as if the members of the personnel had remained at CERN, according to the rules set out in Administrative Circular No. 23 (AC 23).

Towards a fair and sustainable legal framework

On 9 March 2023, Management proposed to formalise this exceptional derogation by amending Article R.III.1.10 of the SRR. The aim was to allow the Director-General, under strictly defined circumstances, to authorise compensation or remuneration for special hours worked during duty travel. The proposal was submitted to Subgroup No. 1 before being referred back to the SCC for approval.

Staff Association (SA) supports clarity and transparency

During the SCC meeting on 6 April 2023, in preparation for the May TREF meeting, the Staff Association strongly advocated that the conditions under which such derogations apply be clearly outlined in an Administrative Circular.

Why?

Because every member of personnel has the right to understand the rules governing their work. Transparency is essential to ensure equal treatment while maintaining the exceptional nature of the measure. The SA therefore supports including these provisions in an Administrative Circular.

At the TREF meeting on 10 May 2023, Management presented its proposal to amend Article R.III.1.10 and to extend the Director-General’s authority to authorise compensation or payment for special hours worked during duty travel, within a well-defined framework.

Management emphasised that the aim was not to enable case-by-case discretionary decisions, but to establish a general, objective, and transparent framework for addressing such situations fairly, according to criteria defined by the Director-General.

This approach fully aligned with the Staff Association’s position, which has consistently called for clear and explicit implementation procedures to be set out in the relevant Administrative Circular.

The proposal to amend Article R.III.1.10 was well received: both TREF and the Finance Committee (FC) recommended its approval, and it was formally adopted by the CERN Council during its June 2023 session.

Article R.III.1.10 :

Overtime, official holiday work or equivalent, Sunday work and night work that are performed during duty travel shall be neither compensated nor remunerated, except under strict conditions laid down by the Director-General.

Following standard procedure, SCC Subgroup No. 1 was quickly mobilised to draft a new paragraph for AC 23, to clarify how the newly approved derogation would be applied.

The draft proposal from SCC Subgroup No. 1, dated 28 April 2023, was as follows:

New Article 17:

Special working hours performed during duty travel shall be neither compensated or remunerated, except within the scope of activities defined by the Director-General and when the nature of the work requires the performance of overtime, work on official holiday or equivalents, Sunday work, or night work at the duty station.

Special working hours: a suspended revision without explanation

On 25 May 2023, the Staff Association expected the revision of Administrative Circular No. 23 on special working hours to appear on the SCC agenda. Prepared urgently at Management’s request, the text had been finalised by Subgroup No. 1, which includes Management, the Legal Service, and the SA. Everything appeared ready; yet the topic was suddenly withdrawn.

When questioned by the SA about this unexpected withdrawal, Management merely stated that it was "not ready" to present the document; without offering any explanation and in contradiction with previous commitments.

A persistent and incomprehensible blockage

For two years, the SA and the Legal Service have met repeatedly in an attempt to reach a consensus on the wording. Despite the pressing need to clearly define the conditions under which special hours may be performed during duty travel, no agreement has been finalized.

At the latest SCC session on 3 July 2025, the SA raised the issue once again, urging for the finalisation of the Circular after two years of discussions. The SCC Chair’s response remained vague: according to him, the paragraph proposed for the Circular should align with the wording of Article R.III.1.10 of the SRR.

Management’s position in this matter appears not only incomprehensible, given that the file seemed near conclusion, but also deeply concerning as it undermines the concertation process.

The Staff Association will continue to monitor this issue closely and will keep you informed.