Generation2004 has taken a closer look at the potential to change post or DG (‘mobility’) of Contract Agents (both permanent 3A and non-permanent 3B), triggered by the feedback from our members. We are astonished how restrictive and inflexible the system continues to be. We are convinced that a lack of mobility in general hampers career growth which can lead to frustration, demotivation, burnout and contribute to long periods of medical leave. A change is needed!
CA3A: You should be so lucky!
If you are a CA3A, you might have felt fortunate, having benefited from a contract that could be converted into a permanent (‘indefinite’) one after the first renewal. You secured it and thought you could focus on developing your career. We hate to shoot down your enthusiasm, but here is what you might expect.
Let’s imagine you were recruited with some prior experience at grades 5, 10 or 16 (FGII, III and IV respectively) as per Article 5 of 2017 General Implementing Provisions (GIPs) [C(2017)6760]. After an average of 14 years with only two promotions (‘reclassifications’) [cf. Article 6 of C(2013)2529], your promotion prospects end. You could be near your retirement, but chances are you still have several working years ahead. Unless you are in a Delegation and ‘move’ regularly, you might consider changing jobs. How many of us wouldn’t feel demotivated, after 14 years with just two promotions[*], possibly more if recruited earlier (cf. number of promotions depending on the recruitment grade). Unfortunately, this is reality for most colleagues in services such as OIB, OIL or the PMO (‘Offices’)[**].
Mobility to the rescue
As a CA3A, you can seek jobs in other Offices, which likely face the same structural challenges, also in terms of staffing, or even explore roles in executive agencies (which also engage CA3As). In the end the general implementing provisions on contract agents [C(2017)6760] apparently support the mobility of contract agents 3a between the Commission and the executive agencies… To this very end a CA3A Job Market was created and ‘listing all vacancies for contract agents 3a in both the agencies and Commission services’. But does it really? As of writing this, there were only four job openings listed. We will let you decide how useful it is…
Brussels CA3A mobility: effective ineffectiveness
The CA3A Job Market focuses primarily only on Brussels-based positions. Welcome to the Contract Agents 3a Job Market – Brussels. Let’s have a closer look… While probably colleagues from other sites could also apply, let’s imagine this reinforced CA 3A mobility between the Commission and agencies of colleagues who already work in Brussels… Contract agents 3A work mostly in EU Delegation and Representations in Member States, and in Brussels in Offices. About 80% of the CA population of each Office is recruited at the lowest function groups I and II. These CA3A colleagues from Brussels-based Offices are most likely to seek internal mobility into executive agencies. How could the job market function well if profiles sought in executive agencies are mostly FG IV and FG III? And if you wanted to apply for a position on a higher function group as CA3A (or as a matter of fact also CA3B from a DG), you are likely to be treated as an external candidate. Please read below for explanation and similar examples. Regrettably the CA3A Job Market is yet another measure (cf. internal competitions) that just pulls the wool over your eyes; looks very convincing on paper but has limited real impact on improving the situation for CA colleagues…
Let’s work for a DG, shall we?
For CA3As, mobility across Directorates General (DGs) would be a welcomed change, offering fresh challenges and a morale boost. However, unless you are on FGI (or you would like to work in a Delegation or Representation), changing jobs to a DG means scarifying your indefinite contract. This makes a move risky, especially for those with financial commitments, and limits mobility for many CA3As.
The Luxembourg case
High living costs deter many from considering Luxembourg as a potential working place, or of staying once they have been recruited. This is particularly true of those lower on the salary scales, though permanent contract agent (CA3A) posts do exist (e.g. in OIL). To increase the mobility of CAs to the Luxembourg site a more cooperative comprehensive response of the administration is needed, also by reflecting how the application of current procedures can affect it. This includes more flexibility in the application of procedures to grant allowances, an example of which you could find here.
And those CA3A serving far away from headquarters….
CA3As stationed in Delegation or Member States in Representations (also being subject to the reclassification rules mention above – C(2017)6760) face their own challenges linked to mobility and or desire to change jobs due to isolated work environments. While Delegations staff are expected to move regularly, colleagues working in Member States (more attached to their place of work as recruiting local population) often face a difficult choice. To keep their 3a contract, they find themselves between a rock and a hard place: remain in the same job for years or having to relocate.
I am CA3B. What is there for me?
In terms of measures supporting your internal or external mobility, not much really… You have exhausted your 6-year allowance (art.88 of CEOS) as CA3B in the Commission[1]. You are very likely to have worked only for one DG, without mobility. Despite your hard work and dedication, you are no longer eligible to stay. Thank you, Next! Your time as Ca3B in the Commission ends, and a new CA3B is recruited in your place. Your only option is to find a new job, outside or in another EU institution to complete the 10 years of service needed for an EU pension.
This year Generation2004 visited different JRC sites which also employ CA3Bs. Once their 6-year assignment (normally 3+3) is over they need to leave, and often taking their specialised knowledge with them. We wonder if this loss of expertise has already impacted the functioning of these sites?[2] Unlike Brussels, these colleagues do not have a local marketplace, which would give them the possibility to apply to other EU institutions or bodies. If they wish to gather missing years of service (of pensionable contributions) they are forced to relocate. Should they want to stay, they must look for a job locally. Wouldn’t it be helpful to find a job, if during their career at the Commission they could have benefited from external mobility via a secondment to an organisation or institute where they lived? Yes, but secondments are reserved to officials only. Even contract agents 3As (with secured indefinite contracts) cannot use it to get new insights of a different EU institution… Is it only us who struggle to find the logic?
But as CA3B I can also apply for CA3A posts in Brussels, right?
Of course you can. However, it is not as simple as it seems. Only recently a colleague from the Commission whose CA3B contract came to an end (almost 6 years exhausted) re-emphasised restrictions which exist in that respect… Having succeeded in the CAST examination at a higher level, they wanted to apply for a corresponding position at that higher function group compared to their current employment. Here’s what might happen…
The agencies appear to give preference to CA3A colleagues and those who are currently engaged at the very same function group. While this probably speeds up the recruitment process, regrettably it excludes Commission-internal CAs who might already have the potential to do the job. First of all, as far as internal publication is concerned, in line with Article 14 paragraph 3 of GIPs[C(2017)6760], CA3B do not even have to be considered. Then the result of the recruitment proceedings must be unsuccessful for both CA3A and then CA3B (of the same function group). Only then the recourse to the selection procedure referenced in Article 2 paragraph 2 of Annex I of GIPs [C(2017)6760] is eventually applied. And this is only when the colleagues from the Commission, currently engaged on a low function group as CA3B, could eventually be taken into consideration.
In other word, as CA3B you cannot be upgraded to a higher grade via art. 13 paragraph 2 of GIPs [C(2017)6760] during your employment and if you apply for a position in an executive agency on a higher function group with valid CAST (which privileges internal mobility with the Commission) you are likely to be treated the very same way as the external world. The loyalty you proved to the Institution, for which you worked (as CA3B no right to promotion either[3]) and the fact you have already succeeded in CAST for the higher function group in question, does not change anything. Does that seem fair?
Generation2004 calls on the Commission and executive agencies to strike a balance between internal (which does not appear to be compulsory) and external recruitment, ensuring that CA colleagues who have proven their loyalty and abilities are given priority over external candidates.
Sysper! What are you there for?!
Most CA colleagues have some sort of access (more or less restricted) to Sysper, yet CA openings are not published there. Couldn’t the system serve as a central marketplace for CAs? A single platform would increase chances that the job openings will reach a broader audience, attracting more qualified colleagues. At the same time, it would be very helpful for colleagues looking for a job. Specific eligibility criteria, resulting from applicable regulatory provisions, could be mentioned in a job notice, as it is currently the case for officials. Let’s be transparent and let all eligible CAs compete!
CAs desperate for reinforced mobility
We are aware that many limitations, especially if enrooted in staff regulations or implementing provisions won’t change overnight. However, we are convinced that a lot can be already done to improve the current situation: more transparency, better flexibility in rules’ application as well as internal arrangements for long-term and accessible intra and inter-institutional transfers for CAs, designed in a way not to negatively affect the rights CAs have already acquired.
We have recently contacted DG HR in that respect and sincerely hope this this time CAs will not be overlooked in the Commission’s on-going reflection on staff mobility.
Check out the sources for yourselves:
Commission Decision on general provisions for implementing Article 87(3) of the Conditions of Employment of Other Servants (CEOS) of the European Union; C(2013)2529 of 3.5.2013
Commission decision on the general provisions for implementing Article 79(2) of the Conditions of Employment of Other Servants (CEOS) of the European Union, governing the conditions of employment of contract staff employed by the Commission under the terms of Articles 3a and 3b thereof; C(2017)6760 of 16.10.2017
External mobility External mobility (europa.eu)
CA3A Job Market Contract Agents 3a Job Market (europa.eu)
As always, we would love to hear from you. Please do not hesitate to get in touch with us or leave a comment below.
If you appreciate our work, consider becoming a member of Generation 2004.
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[*] AST/SC colleagues might experience a similar pace of progression both by design and through trying to fit a new function group into an already-existing system: in short, there are not enough AST/SCs in each grade to generate a quota for promotion.
[**] The term ‘offices’ as used here is deceptively wide. It does not appear to include, for example, EPSO, the OP or OLAF.
‘There are three main categories of employers of contract staff within the Commission:
— Offices dealing with support tasks such as logistics and financial rights, such as OIB and PMO, mainly employ function group19 GFI and GFII contract staff (more than 60 %, up to 74.3 % in PMO), who carry out manual or support tasks;
— in DGs responsible for EU delegations (DG NEAR and DEVCO), around 50 % of staff are on GFIII (assistant) and GFIV (administrative) contracts;
— operational DGs use contract staff to fill ad hoc needs.
We found that 50 % of all contract staff at the Commission are employed in just five DGs and services: JRC, DEVCO, OIB, NEAR and PMO.’ European Court of Auditors, 2019, Special report no 15/2019: Implementation of the 2014 staff reform package at the Commission – Big savings but not without consequences for staff, Point 44
[1] Note that there are no guarantees that contract agent (CA) and temporary agent (TA) colleague will be offered the full 6 (or 7) years and there is no written right for them 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 contacts. 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] Many Chafea staff (largely contract agents) did not follow their post when the agency was closed and its work moved from Luxembourg to Brussels in 2020, after 15 years of existence. This left the new replacement agencies having to try to compensate for the knowledge and experience lost in a health-related agency in the context of an ongoing global pandemic.
[3] You can, and will, be evaluated, but for what purpose?