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

FINALLY, DG HR convened a meeting for 13 December with staff representation on the application of Article 42c of the Staff Regulations.

R&D confirms the urgency of FINALLY ensuring a transparent management of these provisions and is pleased that DG HR is FINALLY replacing this file in the framework of the social dialogue.

The meeting convened by DG HR arrives FINALLY after R&D has denounced the total opacity of the approach advocated by this DG in the application of these provisions, by its notes of 8 October to the attention of Mrs Souka and 10 November to the attention of Mrs Georgieva.

Le Fait du Prince …

In particular, we stated that it was absolutely unacceptable that, unlike the other institutions, DG HR could claim the right of the Appointing Authority to apply those provisions by the “Le Fait du Prince”, that is to say:

• without any adoption of any decision likely to frame it,
• without any prior information and transparency concerning the procedure for selecting the concerned colleagues,
• without any anticipation of the rights of defence of these colleagues and of course,
• without any involvement of the staff representation.

Clear risks of abuse and cases of favoritism, even of nepotis

To this end, we underlined that the total lack of transparency imposed by DG HR was all the more unacceptable since it is essential:

• To guarantee the rights of colleagues who would be forced to leave the institution;
• To avoid the risks of favoritism and nepotism in the selection of colleagues who, on the basis of their personal situation, would instead take advantage of these statutory provisions.

A growing confusion within services

Since our first steps, we were strongly approached by colleagues but also by the heads of services. In fact, the latter expressed us many difficulties encountered to formulate proposals for colleagues that may be subject to the application of Article 42c of the Staff Regulations.

It is reassuring to note, however, that the officials of the various services, while deploring the total confusion that have taken place, have confirmed that they have nevertheless decided to seek the prior written consent of the colleagues who may be put on compulsory leave

The Commission resigns once again from its role as guardian of the unity of our Staff Regulations

In fact, since the entry into force of the new Staff Regulations, concerning its  implementation, the Commission adopts approaches that are often purely bureaucratic and behind those adopted by other institutions, regarding not only staff rights but also the implementation of a genuine social dialogue, dragging in this unacceptable approach both other institutions and agencies that often adopt without  the slightest changes the implementing rules established by our institution.

In order to illustrate the dichotomy between the Commission’s approach and that of the Council on the application of Article 42c we have summarized the differences in treatment in the table below:

Furthermore, we had also indicated that the EEAS had published in its turn a call for expressions of interest providing for the involvement of staff representation and the right to defense of colleagues concerned.

The lack of a clear procedure and the Commission’s lack of transparency in managing its 28 possibilities were all the more unacceptable as the Council held its procedure when it had 5 options for 2015 and 4 possibilities for 2016 and the EEAS has 2 possibilities for 2016.

R&D in defense of staff rights

At the meeting on 13 December, R&D will confirm its request, inter alia, to ensure that in the implementation of Article 42c of the Staff Regulations Commission staff enjoys the same guarantees offered to colleagues in the Council and the EEAS.

Our institution must ensure the publicity and transparency of the procedure and the fairness of the decisions adopted both to protect the rights of colleagues to whom these decisions are imposed and to avoid any risk of favoritism and nepotism in the selection of colleagues who would like to take advantage of it.

With its specialized lawyers, R&D remains at the disposal of colleagues to assist them in defending their rights regarding the implementation of these provisions.

Do not hesitate to contact us!