This is TikiWiki CMS/Groupware v1.9.11 -Sirius- © 2002–2008 by the Tiki community Thu 23 of Nov, 2017 [07:05 UTC]
Menu
Last actions

No discrimination for Contractual agents means no frustration amongst them

CA
EPSO
print

No discrimination for Contractual agents = no frustration amongst them


SID would like to present to all staff the most recent position of the EC regarding the contractual agents.

See what your employer thinks about your situations.

Dear Contractual Agents,
Please do not be afraid to send your opinion to SID about how glad you are regarding Commission proposal for your lack of access to internal competitions.

A question was raised by one concerned MEP regarding the discrimination towards CAs in the light of internal competition procedure. The reply of the Commission is presented below

"Thank you for asking for my position on Article 29 of the Staff Regulations and its impact on the situation of contract agents.

Of course, the European Commission is aware of the provisions you mentioned. The Commission is committed to the principle of equal treatment and seeks to avoid in all its legislative proposals including amendments to the Staff Regulations any rule that has the effect of nullifying or impairing equal opportunities or equal treatment in employment or occupation.

Having said this, it should be recalled that the principle of equal treatment requires that comparable situations must not be treated differently and that different situations must not be treated in the same way.

In that respect, it is necessary to examine whether the situation of "contract staff" (see Article 3a of the Conditions of Employment of other servants of the European Union) and "contract staff for auxiliary tasks" (see Article 3b) is comparable to that of officials or temporary staff defined in Article 2 of the Conditions of Employment.

It is clear from the provisions of the Staff Regulations and the Conditions of Employment of other servants that the legislator has foreseen a number of substantial differences between the administrative status, recruitment requirements and conditions of engagement of contract staff on the one hand and those of officials and temporary staff on the other hand.

With regard to officials, I think the difference is obvious. Officials are appointed by the administration for life, on a permanent post and following specific selection procedures laid down in the Staff Regulations.

With regard to temporary agents, I would like to mention the following elements:

First, contract staff are only able to perform work under the supervision of officials or temporary staff according to Article 80 of the Conditions of Employment of other servants. A similar restriction does not exist for temporary agents who can perform all tasks.

Secondly, it is clear from reading Articles 5 and 6 of the Staff Regulations in conjunction with Articles 2 and 9 and 3a and 3b of the Conditions of Employment of other servants that, whereas officials and temporary staff occupy "posts" included in the establishment plans of the institutions, contract staff are paid by credits without being assigned to a post included in the list of posts. Internal competitions aim at establishing reserve lists of persons who are to be appointed to "posts" and are only open to those staff categories who already occupy a post.

Thirdly, it must be noted that Article 32 of the Staff Regulations refers, in respect of temporary staff, to a possibility of continuing their career as an official. In that case, the seniority in the step acquired as a temporary agent is to be preserved if the servant in question was appointed as official in the same grade immediately at the end of that period. There are no similar provisions in respect of contract staff.

Finally, it is worth mentioning that as regards contracts agents, the Conditions of Employment of other servants foresee two types of contracts agents: the CA 3a, who are entitled to get indefinite contracts (for instance at agencies, administrative offices, Commission delegations and for manual and administrative support service tasks inside the institutions) and the CA 3b, who are recruited for a maximum duration of three years (for other duties inside the institutions).
Accordingly, the situation of contract staff is substantially different from that of officials and temporary staff and, in the light of that difference, the exclusion of contract staff from internal competitions is part of a number of provisions which define "contract agents" as a different category of staff. Creating different categories of staff does not infringe the principle of equal treatment.

I would like to add that the different purposes of both categories are confirmed by the different staff numbers. In the Commission, e.g., there were ca. 1900 temporary agents in 2009, but more than 6000 contract agents.

In practice, many contract agents start their career as CA 3b in the different Commission's departments and may be later engaged as CA 3a at agencies. In that context, contract agents can benefit from the experience gained at the Commission before joining another EU organism which may then grant a contract of indefinite duration to them.

This provides for an attractive framework for the career of contract agents within the EU institutions.

So be assured that contract agents neither suffer from discrimination in the Commission nor, given these perspectives, should the conditions give any reason for frustration amongst them.
"



S olidarity with those who work for their money
I ndependence from those who don't
D emocracy in all decisions taken by groups of sane, adult humans


SID - Solidarity, Independence, Democracy is an independent Trade Union of all EU Institutions employees (Je souhaite adhérer au SID…)

Created by: admin last modification: Friday 05 of November, 2010 [14:30:15 UTC] by admin

CA
wiki page: Contract Agents Low Salaries · CA Resignation Letter 01 · CA Uruguay 01 · CA 17022012 lux 01 · CA Open Letter 01 · Contract Agents Secretaries Winners 01 · EP 20011 09 08 · CA Coffee EN · CA Coffee FR · X AD 229 11 EN · X AD 229 11 FR · Casino EPSO 01 · amertume AC 01 · Steps CA 01 · SID's petition 192/2009 is finally through to the Legislative Committee · Internal Competition Petition to be discussed by the European Parliament on Thursday 08/09/2011 after 17.00 · Contract Agents Face the Commission's Cold Shoulder · What Contract Agents Can Do in 2011 · Staff General Assembly in support to the Contract Agents · Illegal_Article_29_9 · Illegal_Article_29_B · Discrimination injustifiée des agents contractuels Illégalité de l’art. 29b du Statut · No discrimination for Contractual agents means no frustration amongst them · Contractual Agents, their status, their questions, their révendications · A Day in the Life: Contract Agent in a Delegation · Petition nr 192/2009 of February 2009 · Support to the petition of Michael Ashbrook and 469 CAs to be sent to EP Petition Committee · La pétition des Agents Contractuels sur les concours internes EPSO – où sommes-nous? · What are the grievances of the Contractual Agents · latest news on the contractual agents petition · The Contractual Agents have more friends than just SID · an email letter to the Petition Committee · La vérité sur les concours internes EPSO · Concours internes – toujours discriminatoires · Discrimination pour les agents contractuels · Precarious Employment in the EU Institutions · Contra a discriminação nas Competições Internas Petição endereçada a · Petition Against Discrimination in Internal Competitions · Les nouveaux Concours Internes EPSO Discriminant les Agents Contractuels · Petition contre la Discrimination dans le cadre des Concours Internes · EPSO Tests for Contractual Agents Sources for the Quantitative and Verbal Reasoning Test · Discrimination against Contractual Agents ·
wiki page: EPSO Laureate 01 · EPSO 03 · Manipulating?Internal?Competitions ? · X AD 229 11 EN · X AD 229 11 FR · Steps CA 01 · Has EPSO Failed · Same Job but at Half Salary · Manipulating Internal Competitions ? · Errora EPSO 01 · Errors EPSO 01 · Fastest Test in the West EPSO/AST/111/10 · No discrimination for Contractual agents means no frustration amongst them · AN DIE TEILNEHMERINNEN DES ALLGEMEINEN AUSWAHLVERFAHRENS EPSO/AD/177/10 VERWALTUNGSBEAMTE AD 5 · A TUTTI I PARTECIPANTI AL CONCORSO GENERALE EPSO/AD/177/10 AMMINISTRATORI AD 5 · TO ALL PARTICIPANTS OF GENERAL COMPETION EPSO/AD/177/10 — ADMINISTRATERS AD 5 · Contre la Discrimination dans le cadre des Concours Internes – 2-ème Pétition · A TOUS LES PARTICIPANTS AU CONCOURS GENERAL EPSO/AD/177/10 · EU2 internal competitions-whose interests do they serve · Complaint regarding general competition EPSO/AD/177/10 · A Day in the Life: Contract Agent in a Delegation · All you ever wanted to know about SID · What are the grievances of the Contractual Agents · La vérité sur les concours internes EPSO · Concours internes – toujours discriminatoires · Petition Against Discrimination in Internal Competitions · Les nouveaux Concours Internes EPSO Discriminant les Agents Contractuels · Zanizanie stopni funkcyjnych pracownikow Komisji · Degradando al personal de la Comision · EPSO Tests for Contractual Agents Sources for the Quantitative and Verbal Reasoning Test · Devaluation du personnel de la commission · Downgrading the Commission staff ·

Current events
Powered by Tikiwiki Powered by PHP Powered by Smarty Powered by ADOdb Made with CSS Powered by RDF
RSS Wiki RSS Maps rss Calendars
Powered by Tikiwiki CMS/Groupware | Installed by SimpleScripts