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Implementation of Article 42c of the Staff Regulations FIAT LUX. That the light is FINALLY made: DH HR FINALLY meets staff representation to deal with the placing on compulsory leave of 28 colleagues before the end of 2016 – 7 December 2016

Note to the attention of Mrs Kristalina Georgieva - 11 November 2016

Communication du secrétaire générale du conseil


Comparative table highlighting the gap between the application of these provisions by the Commission on the one hand, and by the Council and the EEAS on the other


Note à l’attention de M. Sebastiani, President 28 Octobre 2016

Note à l’intention de Mme I. Souka, Directeur Général de la DG HR 06 Octobre 2016

Article 42 C

At the earliest five years before the official’s pensionable age, an official with at least ten years of service may be placed by decision of the appointing authority on leave in the interests of the service for organisational needs linked to the acquisition of new competences within the institutions.

The total number of officials placed on leave in the interests of the service each year shall not be higher than 5 % of the officials in all institutions who retired the previous year. The total number thus calculated shall be allocated to each institution according to their respective numbers of officials at 31 December of the preceding year. The result of such allocation shall be rounded up to the nearest whole number in each institution.

Such leave shall not constitute a disciplinary measure.

The duration of the leave shall correspond in principle to the period until the official reaches pensionable age. However, in exceptional situations, the appointing authority may decide to put an end to the leave and reinstate the official.

When the official placed on leave in the interests of the service reaches pensionable age, he shall automatically be retired.

Leave in the interests of the service shall be governed by the following rules:

  • (a) another official may be appointed to the post occupied by the official;
  • (b) an official on leave in the interests of the service shall not be entitled to advancement to a higher step or promotion in grade.

An official thus placed on leave shall receive an allowance calculated in accordance with Annex IV.

At the official’s request, the allowance shall be subject to contributions to the pension scheme, calculated on the basis of that allowance. In such a case, the period of service as an official on leave in the interests of the service shall be taken into account for the purpose of calculating years of pensionable service within the meaning of Article 2 of Annex VIII.

The allowance shall not be subject to a correction coefficient.