TEMPLATE: Revised Guidelines for Hiring of Personnel

SUBJECT: Revised Guidelines for Hiring of Personnel

Article 5.3 of the World Health Organization Framework Convention on Tobacco Control (WHO FCTC) obligates the state to protect its public health policies against the commercial and other vested interest of the tobacco industry. The Guidelines for the Implementation of Article 5.3 recommend that Parties develop clear policies requiring applicants for public office that have a role in setting and implementing public health policies with respect to tobacco control to declare any current or previous occupational activity with the tobacco industry, and for public officials to declare and divest their direct interest in the tobacco industry. The WHO FCTC further encourages that Parties implement measures beyond those recommended by the treaty and its guidelines.

In view of the foregoing, the agency hereby issues the following guidelines:
Section 1. The office, as an agency which can contribute to tobacco control, shall not hire applicants who have direct or indirect interest in the tobacco industry. For the purpose of this rule, interest in the tobacco industry means personal, financial, or other interests, including, but not limited to:

a. having an existing ownership or investment
b. receiving or having received any contribution from the tobacco industry within three (3) years prior to his/her application with the agency
c. being a member of the Board of Directors, an officer of the corporation, or a partner in a partnership

Section 2. The Personnel Department shall screen the candidates for the vacant positions and ensure that disclosure of tobacco industry relationship, including current or previous occupational activity, is included in the applicant’s data sheet.

It shall be the responsibility of the Personnel Department to check or verify previous employment and other information stated in the applicant’s data sheet.

It shall also require all applicants to sign an “Undertaking” or “Oath” stating that in case they are accepted, they will not receive any contribution or have any interest in the tobacco industry for x years after leaving service.

Section 3. Applicants previously employed by the tobacco industry and are not disqualified under Section 2 will not be assigned to positions where they will be tasked with the creation, implementation, administration, or enforcement of tobacco control policies.

Section 4. For the purpose of this rule, the term “tobacco industry” shall apply to organizations, entities, associations, and individuals that work for or on behalf of the tobacco industry, such as, but not limited to, tobacco manufacturers, wholesale distributors, importers of tobacco products, tobacco retailers, lawyers, scientists, lobbyists, front groups, and any other individual, or organization that work to further the interests of the tobacco industry.

Section 5. The Personnel Department shall submit a report, signed by its head, on a quarterly basis, stating its action in compliance with this order.

Section 6. Any costs incurred related directly or indirectly to the implementation of this Order shall be sourced from the funding of X Department.

Section 7. Effectivity
(Note: Ideally, the policy should take effect immediately after its adoption, subject to other requirements in the national laws of each country.)

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