Article 42 C: LEAVE IN THE INTERESTS OF THE SERVICE

Since the adoption of the new Staff Regulations in 2014, R&D has requested a transparent management of the new provisions of Article 42(c) concerning the compulsory retirement.

We asked for…

  • preliminary and exhaustive information;
  • clarity about the rights of the colleagues concerned;
  • good management of the scheme, using good practices from other institutions.

Unfortunately, when these provisions were first applied for the 2016 exercise, DG HR has decided to caricature the legitimate requests of R&D and the staff representation. It haughtily gave pseudo courses on staff rights to explain the merits of its position and ultimately showed a deep contempt for colleagues concerned.

In particular, denying any duty of care, DG HR decided to put colleagues on leave without paying them any compensation. Thus, some colleagues found themselves in a dramatic personal situation without sufficient financial resources to be able to honour their commitments.

Unfortunately, the referral for interim measures before the General Court was essential in order to stop the unfortunate outbursts of DG HR: by its decision of 18 May 2017 (link) the President of the Court ruled in favour of R&D and suspended the decision of the Commission. The President of the Court of Justice subsequently rejected the Commission’s referral.

The progress made …

  • during the 2017 exercise: review of the implementation of the procedure in order to avoid compulsory retirement against the will of the colleagues concerned, only the volunteer colleagues were selected;
  • at the launch of each exercise:
    • publication d’une information administrative permettant désormais à tous les membres du personnel de prendre connaissance de cette disposition statutaire et de manifester leur intérêt;
    • transmission d’éléments chiffrés : pour chaque demande, les services de la DG HR et du PMO transmettent désormais les données relatives aux conséquences pécuniaires permettant ainsi aux collègues de prendre une décision en toute connaissance de cause.

R&D requests:

  • the adoption of the GIPs confirming the approach adopted in 2017 for all future exercises, while improving the transparency of the selection process by DGs.

Communications

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

AMI SEAE

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.