***Update 17.07.2024 DG HR position on the application of the 7-year rule.***
We would like to inform you that following your numerous and regular questions concerning the 7-year rule (originally 6-year rule)[1] which applies to Contract Agents (CA) 3B, we submitted an official note to the administration requesting clarification on its application and ultimately the extension of the 7-year rule by 3 additional years. The rationale behind this request is clear, but we know that 10 years is generally avoided since this is the threshold for entitlement to an EU pension.
The current staff regulations limit the tenure of contract agent engaged under Article 3b of CEOS to six years[2] often followed by a period of uncertainty and challenges for colleagues seeking stability in a longer term. While previous Commissions opened the possibility to use non-permanent personnel by one more year (‘the unicorn year’) from 2014 (and in 2019 excluded national experts from the scope of the rule), the current 7-year rule is not consistently and sufficiently applied leading to confusion and inequities among colleagues. It is high time to further amend the decision.
We firmly believe that after completing six years of service at the Commission, non-permanent colleagues, such as CA3bs, should be guaranteed the opportunity of a four-year temporary contract (TA) based on the experience they have gained in the service. Such an extension would not only benefit individual agents, but also contribute positively to the continuity and efficiency of operations. Additionally, it would enhance opportunities for participating in internal competitions thus better aligning with broader goals of talent retention and profession development of the HR strategy.
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[1] Check out our explanation of the 7-year rule. Note that there are no guarantees that anyone will be offered the full 6 (or 7) years and there is no written right to have the full 6 (or 7) years.
New recruits will not know whether this is to be their future since it is unusual to be offered a 1 x 6-year contract. Some are not even offered a 1 x 3-year contract. They may have the ‘will they, won’t they?’ worry every single year with several 1-year contracts. This means that CA and TA colleagues must remain in ‘interview mode’ and giving their very, very best at all times.
Consider not just the strain of this and the impact on mental health, but also the financial hit of perhaps not getting the accommodation deposit back due to insufficient notice (how much notice does the Commission give on whether the contract will be renewed?).
The 7th ‘unicorn’ year: colleagues may have to redo the 9-month probation period. Yes, after 6 years of employment they might have to repeat this step. So 9 of their last 12 months in a 7-year career will be spent (again) on probation. Consider how this impacts requests for annual leave or the ability to push back when workload exceeds what is humanly possible.
[2] The total duration of engagement of a CA under Article 3b including all tasks performed in all function groups in the European Commission remains 6 years (1540 days). This rule is ‘cast in stone’: Staff Regulations (Title IV, Chapter 5, Article 88, b).
