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 (see under References) 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 [1].
Let us support you towards more inclusive and supportive working environment.
We will keep you informed about further developments.
As always, if you have questions or comments, feel free to contact us [2].
[1] Check out our explanation of the 7-year rule [3]. 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 [4]. 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.
3Bs make up over half of all contract staff:
| 3a | 3b | total | |
| 2020 | 3496 | 3947 | 7443 |
| 2021 | 3529 | 3949 | 7478 |
Figures are taken from Annex 2 [5] in the table of CSC notes below.
[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).
References:
DG HR note of 17.07.2024 – DG HR reply to the note on the application of the 7-year rule [6]
Generation 2004 note of 24.06.2024 – Extension of CA3b career via other non-permanent contracts (TA): 7-year rule application.pdf [7]
7 year rule – explanation on share drive [8]
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Staff Regulations of Officials and the Conditions of Employment of Other Servants of the European Union (\'Staff Regulations [9] (SR)\') are rules stating:
• fundamental conditions of service
• basic rights, duties and obligations of staff.
The SR have been reformed x 2 (so far):
• 2004 (Kinnock White paper)
• 2014 (Regulation 1023/2013 [10])
For a summary of stated intentions and real outcomes of those two reforms check out: 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
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Contract Agents (CAs) were created by the 2004 Staff Regulations Reform. There are two types of CA: those with unlimited contracts, 3A [12] (‘indefinite’) and those with time-limited contracts [3], 3B [13]. CAs can belong to 4 different function groups (\'GF\') with different responsibilities and salaries [14].
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 [15] (here is the cover e-mail [16]).
As a background you can see the report of the Commission to the Council regarding the recruitment of the contract agents in 2010 [17] (in French, COM(2011)802 final 23.11.2011).
Our articles on Contract Agents [18]
'); toolTips('.classtoolTips44','Conditions of Employment of Other Servants [19]'); toolTips('.classtoolTips47','Trade union or staff association (OSP) [Organisation syndicale et professionnelle]');