Understanding Legal Frameworks For Un Permanent Missions

Permanent missions were established in the 1961 Vienna Convention on Diplomatic Relations, which recognised that such practices contribute to the development of friendly relations among nations. The United Nations is comprised of 193 Member States, of which 181 permanent missions of Member States are accredited to the United Nations Office at Geneva.

Diplomatic personnel working for these missions and observer offices are accorded certain rights, privileges, and immunities as outlined in the Convention on the Privileges and Immunities of the United Nations.

The laws that apply to permanent missions vary depending on the country in which the mission is located. For example, permanent missions to the Organization of American States (OAS) in the United States are subject to US employment laws, including federal and state-level legislation, regulations, and jurisprudence. On the other hand, permanent missions in Geneva must follow the procedures outlined by the United Nations Office at Geneva, which include informing the Chief of Protocol of any changes in diplomatic personnel.

Income tax obligations

In the Washington Metropolitan areas, most people pay income taxes to federal, state, and local governments. However, Section 893(a) of the Internal Revenue Code generally exempts diplomatic and other mission staff from paying income taxes. Similar provisions under the corresponding local laws of Maryland, Virginia, and the District of Columbia also exempt diplomatic mission staff from state and local taxes.

There are, however, two exceptions: U.S. citizens and permanent residents working for missions who have waived their Section 893(a) immunity from taxation by signing a waiver under Section 247(b) of the Immigration and Naturalization Act.

The tax laws at both the state and federal levels require private-sector employers to withhold income taxes from their employees' salaries for each pay period and pay them directly to the Federal Government. Nonetheless, diplomatic missions of foreign governments are exempt from this requirement. Similar to the Self-Employment (social security) Tax, U.S. citizen and permanent resident employees of the missions must make their own income tax payments directly to the Internal Revenue Service ("IRS") and the corresponding state or D.C. Department of Revenue on a quarterly basis.

In setting the salaries of its U.S. tax-paying staff members, a foreign government wishing to treat them as if they were employed by a private-sector employer should consider the high rate of income taxation in the United States. At higher income levels, marginal rates can reach 39% for federal taxes and as much as 11% for the District of Columbia. The system is progressive, so the average effective rate of federal income taxation is likely lower, probably in the range of 20% to 25% for most employees. To achieve a reasonable level of equal pay for equal work between U.S. taxpayers and non-U.S. taxpayers on the mission staff, the mission may want to supplement the salaries of the tax-paying staff.

Employee rights to salary and benefits

Employees of the United Nations (UN) have reported a variety of experiences regarding salary and benefits. The UN has been described as having "great benefits", with employees receiving 30 days of annual leave, and pay that is "much better than the private sector". However, some have criticised the organisation for a lack of career advancement opportunities.

There are several different types of contracts for employees of the UN, with "non-staff" contracts providing fewer benefits, no pension scheme, and requiring the employee to take care of their own taxes. There are also "staff" contracts, which provide more benefits.

Employees of the UN have reported a wide range of salaries, with roles such as Administrative Assistant, Political Advisor, Research Officer, Research Assistant, Executive Administrative Assistant, Political Officer, Administrative Attache, Counselor, Intern, Information Assistant, Senior Political Adviser, and Stenographer all advertised.

Internships at the UN are unpaid, which has been criticised as unacceptable for an organisation that promotes decent work. However, interns gain exposure to ambassadorial-level meetings, note-taking, correspondence, and policy research.

The United States Mission to the United Nations (USUN) is a specific team within the UN that supports the employees and operations of the Mission. They have specialists working in information technology, human resources, budget, logistics, and research and records management.

Worker compensation insurance

Worker's compensation insurance is a type of insurance that covers employees who have suffered a work-related injury or illness. It can help cover medical treatment and lost wages, as well as provide benefits for employees who can no longer work due to injury. It also protects employers from liability for on-the-job injuries or illnesses and offers legal representation.

In the context of permanent missions to the United Nations, diplomatic personnel are accorded certain rights, privileges, and immunities as outlined in the Convention on the Privileges and Immunities of the United Nations. However, it is not clear whether worker's compensation insurance is specifically mentioned in these privileges and immunities.

Worker's compensation insurance is typically required by law for businesses with employees, and this may include diplomatic missions. The specific laws and requirements can vary depending on the state or country in which the business is located. Therefore, it is important to review the relevant laws and regulations applicable to permanent missions to determine if worker's compensation insurance is mandatory and what specific coverage is needed.

Worker's compensation insurance can provide important financial protection for both employees and employers. It ensures that employees receive the necessary support and compensation in the event of a work-related injury or illness, while also protecting employers from potential financial losses and liability.

Annual leave, holidays, and sick leave

Staff members can request Special Leave without Pay (SLWOP) for reasons such as advanced study or research in the interest of the United Nations, extended illness, childcare, family support, mandatory military service, or other reasons. SLWOP is typically granted for a maximum of two years and is reviewed on a case-by-case basis, taking into account both the interests of the staff member and the organization.

If a staff member becomes sick while on annual leave, sick leave may be approved if the illness lasts for more than five consecutive working days (excluding weekends and holidays) in any seven-day period. In this case, the sick leave must be certified. If the illness does not meet this criterion, the entire absence will be considered annual leave.

Special leave can also be requested for compelling reasons by staff members holding temporary appointments, subject to approval from the Secretary-General.

Collective bargaining and right to union membership

The right to collective bargaining is recognised by international human rights conventions. It is a way to solve workplace problems and raise wages, and is considered the best means for doing so in America. Through collective bargaining, workers in unions enjoy higher wages, better benefits, and safer workplaces. In the United States, three-quarters of private-sector workers and two-thirds of public employees have the right to collective bargaining.

The National Labor Relations Act (NLRA) forbids employers from interfering with, restraining, or coercing employees in the exercise of rights relating to organising, forming, joining, or assisting a labour organisation for collective bargaining purposes. It also forbids employers from interfering with employees' rights to work together to improve terms and conditions of employment. Similarly, labour organisations may not restrain or coerce employees in the exercise of these rights.

The NLRA allows employers and unions to enter into union-security agreements, which require all employees in a bargaining unit to become union members and begin paying union dues and fees within 30 days of being hired. However, even under a security agreement, employees who object to full union membership may continue as 'core' members and pay only that share of dues used directly for representation, such as collective bargaining and contract administration.

The Railway Labor Act granted collective bargaining to railroad workers in 1926, and now covers many transportation workers, such as those in airlines. The National Labor Relations Act clarified the bargaining rights of most other private-sector workers and established collective bargaining as the “policy of the United States.”

The freedom to form and join a union is core to the UN Universal Declaration on Human Rights and is an “enabling” right—a fundamental right that ensures the ability to protect other rights.

Frequently asked questions