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Outside the Union Section Staff Committee CLP-HU

Reform of Staff Regulations and of its Annex X Negotiated at the expense of working conditions of all expatriate staff in Delegations & Offices outside the EU: grim for Officials manifestly discriminatory for low-grade Assistants & Contract Agents ! Likely result: More losses than savings.

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Outside the Union Section Staff Committee CLP-HU

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  1. Reform of Staff Regulations and of its Annex XNegotiated at the expense of working conditions of all expatriate staff in Delegations & Offices outside the EU:grim for Officialsmanifestly discriminatoryfor low-grade Assistants&Contract Agents!Likely result: More losses than savings Outside the Union Section Staff Committee CLP-HU Presentation on the negative impact of the Staff Regulations reform and in view of negotiating the GIPs, Brussels, October 2013

  2. CLP-HU presentation on reform impact over staff 1 Analysis reveals discrimination outside EU 2 Three forms of discrimination on CAs 3a 3 Legal risks of discrimination = NO SAVINGS 4CLP-HU’s proposals

  3. Part 1 Analysis reveals discrimination outside EU

  4. Part 1 Analysis reveals discrimination outside EU • Modifications to Staff Regulations have been agreed upon at the expense of all staff who work outside the EUand without due social dialogue. • For low-grade AST Officials and Contract Agents posted to Delegations (CAs type 3a) the impact of changes to Annex X are DiSPROPORTiONATEandunfair.

  5. Del-based staff EU-based staff

  6. Part 1 Analysis reveals discrimination outside EU Reform will not result in net savings, instead it will: • render delegation posts unviable for women and staff with dependants and the more vulnerable staff categories. Many highly-qualified staff will resign. • Oblige CAs and low-grade ASTs to stop undertaking AD-level tasks without compensation. This practice has been ensuring the functioning & business continuity in Delegations at no-cost which will have to be incurred. • Provoke braindrain: now, an EU CA FGIV compares to a UN P4 in terms of responsibility but to lower UN P2 in terms of salary and benefits. After the reform, it will be even less competitive. Who will stay in the EU system?

  7. CAs are increasinglyfrustrated by the lack of correspondence between actual responsibility, merit, achievement and the incomprehensible and discriminatoryabsence of Part 1 Analysis reveals discrimination outside EU careerprospects.

  8. Part 1 Analysis reveals discrimination outside EU -CAs in 23 Delegations have committed to 'W.O.R.K. T.O. R.U.L.E.' -The EC and the EEAS might have to cover with one additional AD for every three CAs to ensure business continuity. -95% of CAs are ready to follow-up should the GIPs be unsatisfactory. Barbados, Bangladesh, Cambodia, Dominican Republic, Egypt, Ghana, India, Kenya, Montenegro, Morocco, Namibia, Papua New Guinea, Philippines, Solomon Island, Somalia, South Africa, Thailand, Uganda, Ukraine, Vanuatu, Vietnam, Zimbabwe, and counting…

  9. Part 2 Three forms of discrimination on CAs 3a

  10. Part 2 Three forms of discrimination onCAs 3a 1. CAs 3a in Delegations will suffer the largest relative purchasing power reduction despite systematically undertaking AD tasks (at all levels) essential to ensure business continuity. If we account for the radical cuts on leave as unpaid work the unfair allocation of the burden is even more discriminatory!

  11. Del-based staff EU-based staff

  12. Part 2 Three forms of CA 3a discrimination 2. Contract Agents 3a in Delegations will be hurt permanently with an even larger relative reduction of their purchasing power per time worked over the next ten years …making any equivalent jobs in other International Organisation much more appealing for most CA Cat IV who are highly-qualified EU staff…

  13. Del-based staff EU-based staff

  14. Part 2 Three forms of CA 3a discrimination 3. The reform contradictsthe original justification for CAs 3a having lower basic salaries than CAs 3b, which relied on the compensatory entitlements provided for by Annex X, now being slashed by the reform.

  15. Part 2 Three forms of CA 3a discrimination But what are EU citizens asking for and what did EU Statesmen point at when complaining that "…too many top Officials in the EU earn more than Merkel and Cameron…"?

  16. Del-based staff EU-based staff

  17. Part 3 Legal implications of discrimination = NO SAVINGS

  18. Part 3 Legal implications of discrimination = SAVING • The extent and unfair nature of the regulatory modifications over CAs 3a in Delegations is such that they will be in a position to confidently legally challenge the changes as a breach of contract based on: • LEGITIMATE EXPECTATIONS and • disrespect of the • PRINCIPLE OF PROPORTIONALITY

  19. Part 4CLP-HU’s proposals

  20. Part 4CLP-HU’s proposals Condemning the premeditated lack of social dialogue concerning the reform of the Staff Regulations namely Annex X, the CLP-HU proposes the following:

  21. Part 4CLP-HU’s proposals 1. To guarantee that regulatory modifications not only imply proportionally fair sacrifices but moreover, that they do not imply social exclusion or breach of legitimate expectations. That women, families and lower-grade staff be not hit hardest by this reform.

  22. Part 4CLP-HU’s proposals 2. Unfair in nature, lacking proportionalityand legally risky, the reform of Annex Xmust be immediately halted until due analysis can ensure sociallyfair, economically effective and productively useful modifications.

  23. Part 4CLP-HU’s proposals 3. That those responsible for the modifications to Annex X without even thinking of a 'social compensation plan',be considered accountable for the risks of massive legal actionagainst the EC and EEAS for unilateral breach of contract

  24. Part 4CLP-HU’s proposals Proposed GIPs should focus on compensating staff not on cutting more: -Intended savings from new GIPs: marginal compared to consequences of motivation and commitment loss of staff. -Reduction of leave entitlements will bring no savings. On the contrary. The rationale for the leave cuts does not relate to any other organisation or MS. -The proposed GIPs for the new Annex X do not solve the incoherence of leave entitlements vis-à-vis posting hardship. They are all the more unfairfor staff in hardship posts. Staff in Delhi, Cairo or Nairobi will benefit from the same leave as those in the EU. This is simply irrational.

  25. Part 4CLP-HU’s proposals GIPs counterproposals: A. For all Expatriates Officials, Temporary and Contract Agents

  26. Part 4CLP-HU’s proposals A1To ensure a commensurate relationship between living conditions and leave entitlements: e.g. By allocating at least 2 leave days compensatory annual/home leave for every 5% in difficulty of living conditions coefficient (ICV);

  27. Part 4CLP-HU’s proposals A2To ensure a commensurate relationship between travel time to the EU and leave entitlements: e.g. By providing compensatory annual/home leave proportional to real travelling time and time difference from the posting twice a year. – try getting from East Timor and back in two days!!!

  28. Part 4CLP-HU’s proposals A3To ensure a commensurate relationship between hardship and Rest Leave entitlements: e.g. By increasing the allocation of rest-leave substantially for difficult postings (30% ICV & above)

  29. Part 4CLP-HU’s proposals A4To respect the legitimate expectations of staff posted in Delegations with regards to financial assistance to travel e.g. By ensuring that the Annual leave travel allowance be no less than the equivalent of a "Premium Economy" category;

  30. Part 4CLP-HU’s proposals A5To enable staff to better reconcile professional and family responsibilities whilst posted outside the EU: e.g. by allowing a greater scope of flexitime accumulation of days of recuperation across months.

  31. Part 4CLP-HU’s proposals A6To keep off staff from paying for housing contracts they do not control e.g. by not transferring 10% of rent costs to staff and the management of lease contracts unless staff benefit from a yearly fixed lump-sum/subsidy as opposed to reimbursing monthly payments.

  32. Part 4CLP-HU’s proposals GIPs counterproposals: B. For Contract Agents 3a in Delegations

  33. Part 4CLP-HU’s proposals B1To address the principle of "same job, same pay": e.g. By: aligning basic salaries of CAs 3a to 3b; allocating salary bonuses for CAs proportional to work acting as Officials; To allow CAs 3a to become Heads of Section since they are anyways already doing this job.

  34. Part 4CLP-HU’s proposals B2To address the principle of "proportionality": e.g. by establishing a faster reclassification system for CAs 3a in compensation for the anticipated disproportionate purchasing power losses.

  35. Part 4CLP-HU’s proposals B3To address the principle of "equal opportunities" for CAs 3a vis-à-vis AST and TAs: e.g. By establishing a 'certification procedure' to qualify as Officials in addition to the proposed extremely limited access to Internal Competitions foreseen in the new Staff Regulations;

  36. Part 4CLP-HU’s proposals B4To address the principle of "equal opportunities" for CAs 3a vis-à-vis Officials: e.g. 1. By extending the period of "Congé de Convenance Personnelle" (CCP) from one to five years; 2. By granting job titles commensurate to responsibilities e.g. adviser, senior…

  37. CLP-HU at the service of staff President: Helen CONEFREY Bureau: Siggi KRAHL, Alessandro LIAMINE, Hang NGUYEN, Alessandro CAMPO, Maria MANON DE HERNANDEZ, Karin PEETERS, Luc RADELET, Dimitrije STANKOVIC Members: Omar ABU EID, Girish AHUJA, Jacques BARDOUL, Clement BOURSE, Jordi CARRASCO-MUNOZ PRATS, Eyal INBAR, Pablo ISLA VILLAR, Andrea JANOHA , Mercy KIMANI, Sunil KUMAR, Angel MORENO DE TEJADA, Georges MUGENZI GANYANA, Modupe OMOPINTEMI, Aminata ONGOIBA, Jaime ROYO OLID, Jose Alberto TORONJO BENITEZ, Stefano VARRIALE.

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