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What you need to know - 2008, April 24

What you need to know

The 2008 CDR exercise has now begun. In many cases you have even had your annual dialogue and
are waiting for your CDR. Everything will be ok or more or less ok for many of you and that is
what we hope will happen!

But for some of you the report that you receive will not be as you had hoped. It may not be as good
as you expected, the comments may not be in line with the marks, comments may not be as you
expected or may not be justified, your marks may have been reduced automatically after a promotion
etc. What should you do? What is the appropriate case law? How should you react?

To answer your questions Union Syndicale and CONF-SFE have prepared two documents: this
flyer and a summary of recent case-law which will be distributed in the next few days

If you need advice or help at any point, contact us either by phone on 57329 (union Syndicale or
63127 (CONF-SFE) or by e-mail REP PERS OSP UNION SYNDIC BX or REP PERS OSP SFE

1. YOU RECEIVE YOUR REPORT

Useful information: the 2008 CDR average is 14.65 points. This average has to be respected by
grade and DG (not in each unit!).

1.1. You have 5 working days to react

ATTENTION: at each stage whether you accept he report or not, you have to sign within the time
limits! If you do not, the report can be automatically validated!

1.2. You have 3 options

1.3. I’m asking for a second dialogue: What do I need to write?

Indicate clearly what you are contesting. Be concise, a few sentences is enough. The longer your
text is, the less clear the motivation for your request will be and the easier it will be to contest.

Example: "the reduction in marks is not justified". "The comments are not in line with the marks
proposed" etc.

Make use of case-law (see summary in our next flyer which will distributed shortly) and the appraisal
standards.

Attention, even if you will have the chance to develop your arguments during the dialogue, ii will
be difficult to mention new facts later, so make the point now.

Useful documents:
• The administrative information notice launching the exercise:
http://www.cc.cec/guide/publications/infoadm/2008/ia08004_en.html
• The appraisal standards: you will find them on the HR site of your DG.
• Case law: You will find a summary in our next flyer. To access full details of any judgement
you can consult the CURIA database: http://curia.europa.eu/jurisp/cgi-bin/form.pl?lang=fr

2. THE SECOND DIALOGUE

When: maximum 10 working days after making a request via SYSPER2

Prepare yourself. All your arguments should be documented so list your arguments and documents.
Prepare what you have to say in writing.

On the day of the dialogue, prepare yourself beforehand and make sure that you are calm. Always
remember that your countersigning officer has nothing against you personally!

During the dialogue: Remain polite and assertive, try not to be aggressive. Present your arguments
calmly, justify them and explain what you do not understand, ask for examples and use your documents.
Try to reach an agreement; it’s in your interest! Concentrate on the report and its content and
what you disagree with.

Attention, for the hierarchy as for you, the second dialogue is not designed for inventing new difficulties
but to clarify the report. Avoid new arguments and stick to the point. If you go off the point,
your countersigning officer may be tempted to do the same!
If you think that it will be helpful, you can be accompanied by a person your choice (a colleague or
a staff representative)

3. THE REVISED REPORT

A maximum of 5 working days after the 2nd dialogue, you will receive a new report. The Countersigning
officer can change the points or keep them the same, or he can change the comments. What
should you do when you receive the new report?

3.1. Reaction time : 10 working days

Attention, if you do not reply within the time limit, your report may be closed automatically and
considered to be accepted!

2 options

3.2. I am making an appeal, what should I write?

Your justification should enable the JEC to understand why you are appealing.

Be aware that you will not be heard by the JEC and that your appeal will be judged based on your written justification. Be precise in your arguments, be concise, short and clear. Avoid lengthy texts!

Too many appeals fail because they are insufficiently clear or poorly documented. Refer to documents (only attach them if really necessary). Base yourself on case-law (see summary in our next flyer and the appraisal standards.

Your staff representatives are used to examining and preparing appeals contact them; they will help you to prepare your appeal.

4. THE JOINT EVALUATION COMMITTEE: HOW DOES IT WORK?

The JEC is a joint committee and its composition allows it to give an opinion which is independent from your DG. There are two couples (full and alternate members) who are staff representatives, sometimes an additional alternate member for DGs based in several workplaces.

Contact the Human Resources in your DG or Union Syndicale or CONF-SFE to know the name of the staff representatives on the JEC of your DG.

The Committee "may not take the place of the reporting officer or the countersigning officer as regards appraising the jobholder's performance. It shall verify that reviews have been drawn up fairly and objectively, i.e. where possible on a factual basis and in accordance with these general implementing provisions and the appraisals guide. It shall verify in particular that the procedure laid down in Article 8 has been followed. To this end it shall carry out the necessary consultations and shall have at its disposal any working documents which may assist it in carrying out its work"

(General Implementing Provisions of article 43 of the Staff Regulations of 23/12/2004).

This means that the JEC cannot change your report but can give an opinion and demand that it be changed.

Within 10 working days of your request, the JEC gives its opinion and transmits it to you, the reporting officer, the countersigning officer and the appeal assessor (normally the Director General).

5. AND AFTER THE JEC?

After the JEC has given its opinion the appeal assessor can:
- change the report based on the opinion of the JEC (this is the most frequent outcome), or
- confirm the CDR.

The appeal assessor has to justify any decision to depart from the recommendations of the JEC.

You will be informed by e-mail when your CDR is finalised.
The CDR is then final!

 

If you still wish to contest the report, you can introduce a complaint under Article
90§2 of the Staff Regulations.
Time limit: 3 months from the date of the decision of the appeal assessor
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