A quick update and reminder of the context: the assurances given to staff with UK-only nationality that they ‘will continue their career with the Commission’ post Brexit (19.1.2021 [1]) do not apply to our colleagues with time-limited contracts. Decisions on their future are being taken using these criteria [2] on a ‘case-by-case assessment’ with results expected now, in March 2021 [1].
You asked us to get involved on your behalf: as with any ‘case-by-case’ considerations, there appears to be huge variation in the interpretation, application and transparency of these criteria e.g. some of our affected colleagues had their ongoing employment confirmed as early as 2018 while others are still waiting. Consider that there are UK-only nationality staff in agencies with unlimited-duration contracts for whom ‘extensions’ are understandably of particular importance.
We asked HR (8.3.2021 [3]) to share their figures and the criteria applied for temporary agents (TAs) and Contract Agents (CAs) with UK-only nationality:
- granted an exemption (‘derogation’),
- refused an exemption,
- still undergoing assessment.
To date we have had no response, but we will update this page with developments [2].
As always, if you have any questions or comments, feel free to contact us [4].
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[1] Commission UK Staff [5] website, ‘Commission’s commitment to provide UK staff with the maximum possible guarantees on job security’ section. [Bold is not present in original].
‘On 28 march 2018 the College committed to make a generous and transparent application of the statutory derogation possibility for temporary and contract staff who will no longer satisfy the nationality requirement because of Brexit.
To make that happen, following 1 January 2021, each staff member will be assessed individually on his or her own merits to determine whether it is justified to grant an exception in the interest of the service.
This assessment will be performed with due respect for the right to be heard against the following criteria:
– past performances
– the service need for the continuation of the staff member’s employment’
[2] The response contains no new information.
[*] The lack of security and transparency was also evident in delegations [6].
toolTips('.classtoolTips23','Contract Agents (CAs) were created by the 2004 staff regulations Reform. There are two types of CA: those with unlimited contracts, 3A [7] (‘indefinite’) and those with time-limited contracts [8], 3B [9]. CAs can belong to 4 different function groups (\'GF\') with different responsibilities and salaries [10].
As the use of contract staff becomes increasingly common, there has been a corresponding increase in the diversity of status and pay of the Commission’s workforce. For example, GFIV contract staff meeting the same minimum recruitment requirements (education and experience) as junior administrators may earn 28 % less. (European Court of Auditors, 2019, Special report no 15/2019 [11]: Implementation of the 2014 staff reform package at the Commission – Big savings but not without consequences for staff, point 61, page 34)
We have a working group dedicated to the dossier, and in December 2012 we addressed the first of many letters (\'notes\') about Contract Agents to Human Resources of all Institutions and Agencies [12] (here is the cover e-mail [13]).
As a background you can see the report of the Commission to the Council regarding the recruitment of the contract agents in 2010 [14] (in French, COM(2011)802 final 23.11.2011).
Our articles on Contract Agents [15]
'); toolTips('.classtoolTips38','Agencies (in general) can be either:- the >40 decentralised organisations [16] with seats throughout the EU which are created by a specific legislative act and charged with a particular task\' e.g. Europol, the EMCDDA , the European Union Agency for Fundamental Rights (FRA) and Frontex.
- the 6 Brussels-based Executive Agencies [17] which are \'legal entities established ... with a view to being entrusted with certain tasks relating to the management of one or more European Union programmes. These agencies are set up for a fixed period.\' They are CINEA, EACEA, HADEA, Eismea, ERCEA and REA.