Contractuals Agents: 15 years later (2004 / 2018)?
The Commission can and MUST do better…
Should the Staff Regulation be amended to implement the SFE’s proposals?
As you will have understood, SFE stands up for the stability of the European public service. Our proposals draw their legal bases from the 2014 consolidated text.
I – Most of the legal bases our action plan is built on were already laid down by May 2004 text
This is especially true for:
Management of estimated requirements: art. 79.3 and 4 of the Conditions of Employment of Other Servants (CEOS)
Job stability: art. 85 of the CEOS
Organisation of open competition (on the basis of qualifications): art. 29 of the Staff Regulations and Annex III
Transfers between groups of function: art. 87.4 of the CEOS
Reclassification to higher grades: art. 87.3 of the CEOS
Calls for expression of interest and organisation of selection procedures allowing a better career path for the most proficient AC 3bis and AC 3ter: art 82 of the CEOS
Publication of the notice of selection of Temporary Agents opened to CA 3A and CA 3B: art. 12 of the CEOS
II – Other provisions were introduced in 2004
For instance, internal competitions were exceptionally opened (art. 29.1 last paragraph) to CA 3A and CA 3B, but with the following restrictions (art. 82.7 of the CEOS)
only FGII, FGIII and FGIV were admitted, not FGI
grade levels offered: SC 1 and 2 for FGII; AST1 and 2 for FGIII and AST 1 to 4 and AD5/AD6 for FGIV
number of nominations: max 5% of the total number of annual nominations in each function group.
III - General implementing provisions of October 2017
SFE adamantly stands for due regard for established rights in the case of permanent contracts and other parameters dealing with career evolution (access to higher responsibilities, cf talent management strategy)
Certain concepts of these new GIP may hence need to be amended and this is our strong wish, however without jeopardising the Staff Regulation, this on the basis of the case law of the European Union's Court of Justice currently looking at the imposition of new contracts to CA who change function groups within a same institution (SFE draws your attention on the fact that the CEOS does only mention new contracts for CAs CHANGING INSTITUTIONS). This is quite important as any new contract questions the permanent contract, pension parameters initially set under the 1st contract.
IV - Community Charter of Basic Social Rights and other EU social directives
It is clear that the European Commission, public international institution, must definitely integrate in its corporate culture, the “Advances made in the work legislation of our civil society”. This has indeed lead to undue delays in the implementation of a large number of provisions of the Staff Regulation status of 2004 in favour of CAs.
This is the reason why SFE would like to European Charter of the Fundamental Social Rights and EU Previsions to serve as obligatory basis to the internal policy applying to Contractual staff.
President Juncker, we listened carefully and heard your message of 27 September 2018.
SFE wishes just as much you do:
To reduce contractual work
To improve the access of AC 3bis and AC 3B to civil servant positions
Guarantee salary equality “equal pay for equal work” to quote your own words
President Juncker, this is the aim of your public awareness-raising campaign.
It is our hope that it will attract the attention and support not only of the staff, but also and mainly yours.
May you turn it into the “social basis” of the Commission.
VOTE THE SFE LIST N°7
50% Contractuals Agents – 50% Civils servants