Generation 2004 in Karlsruhe - PowerPoint Presentation

1. Generation 2004 in Karlsruhe20 September 2023Marcela VÁLKOVÁMonica DIMITRIULukasz WARDYNThomas WEBER

2. What is Generation 2004 and our dedication to staff matters Internal & external EPSO competitions' issues AST issues & certificationTeleworking decision and new guidelines Contract Agents challenges Picard case Harassment decisionAnother reorganisation after a reorganisation?? Other issues & local challenges What is on the agenda

3. Generation 2004 - Who are we?dynamic staff association since 2012largest individual staff organisation in European Commission.campaigning against injustice and inequality in the EU institutionsgive a voice to staff recruited after the reforms in 2004/2014 Aims for a unified EU public service that is based on fair, just and motivating employment conditions for all its employees

4. Why is Generation 2004 different from any trade union?We fight for a fair career, fair pay & a fair pension.We expose unfair treatment through fact-based analysis.We welcome contributions from our members and profit from our collective intelligence.We are independent and free of any bias in our actions of any internal or external influence.We charge only nominal membership fees and do not make a profit on our members.We have internal organisation rules which guarantee democratic decision-making structures.

5. When to contact Generation 2004?We defend your rights, advise & assist you in the following areas:TeleworkingPetitionsStaff managementEPSO and internal competitionsClarifying your rightsDiscrimination at your workplaceCareer progression and promotionsPensions(Self-)appraisal reportsSpecific contract agents issuesSalary & allowancesOffice issuesWellbeing at work and health insurance

6. COMPETITIONS

7. 2022/2023 cycle experienced many issuesTechnical problemsPoor management of the online testing by the US based contractor, poor software, differences between providers (calculator, paper etc.)Equal treatment purchasing laptop, renting hotel room, etc. Data protection Recording people, their rooms, access to their content recommendations of EDPS ignoredExternal Competitions - update

8. Result of the issuesCancellation of AST/154/22 competitions Huge dissatisfaction among candidates, while some are happyInquiry by European OmbudsmanMany open question related to other competitions AST/155/22 AD/398/22 - AD5 goes onNo change of the model in 2022 competitionsRecent CAST goes on with the same issuesExternal Competitions - update 2

9. Our VP in charge of EPSO in CSCAttending all meetings and coordinating the actions with all the trade unions Coordinating a legal action for AST/154/22 inter-institutionally No point since it was cancelledLetters to the OmbudswomanSending her an inventory of all issues and details of complaints 2xNotes to DG Ingestad and Director of EPSO & informing Cab HahnRaising the issues and asking for solutions Ensuring equal treatmentAll the decision makers put a blind eye Our in-house lawyer Help on Art. 90 complaints (most cases DDL expired unless recent issues => contact us)Exploring a legal action with an external lawyerEDPS, European Public Prosecutor, OLAF for maladministration – 400k EUR lossWhat did Generation 2004 do?

10. New EPSO competition model

11. New competition model – equality and diversity

12. Upcoming EPSO Competitions 2023

13. According to the New HR Strategy Regularly publishing internal competitionsSystematic exclusion of certain staff categories Certain CAs, ASTs from certain grades only certification, no certification for AST-SCsMeeting with Mr Mueller (Head of CAB Hahn)AD competitions for ASTs & AST-SCs + certification (also TAs)Reform certification since there is a direction of external competitionsYearly competitions for CAs (including those without any competitions)Internal Competitions - update

14. Complaints receivingTechnical issues ongoingPhrasing/language of some of the answersPoor drafting & typosScope of the questions“EU knowledge” is very broad closed list of topics/policy areas for future competitions - e.g. travelling by bus and coach directive, specific articles of the staff regulations etc.COM/AD5/2022 (AD5) Many had technical issues (15 March)1 month later no answer to the complaintsNo proper update on the timeline (oral tests planned for Mid-April)Caused huge delays and dissatisfaction among staffInternal Competitions - issues

15. COM/AD6/2022 (AD6) The previous complaints seem ignored => the competition tests organised 19 & 20 AprilNo choice of timeslotsQuestionsThe same questions - leak of the questionsArbitrary selection of the topics Confusing formulations Totally unrelated to the knowledge for duties as COM officialsInternal Competitions - issues 2

16. AST issues & CERTIFICATION OF ASSISTANTS

17. After the 2014 reformAST issuesDraft Budget - Working Document II - Human Resources       (DB-2020-WD-II, p.75; DB-2021-WD-II, p.71; DB-2022-WD-II, p.75; DB-2023-WD-II, p.69-70)2020202120222023Number of AST posts upgraded into AD posts1509190150Number of AST posts converted into AST/SC posts2221404514

18. AST issues after 2014 reform

19. What now?

20. Issues that ASTs & AST-SCs face

21. Give career opportunities to AST-SCs

22. Current aspects:1x a year in September as of AST5 (launched on 15.9. - 6.10. 2023)Very restrictive exercise – only 1-2 people/DGLevel of difficulty much higher than JPP We have raised these issues for yearsWe have colleagues in selection panels Future aspects:We plan training to increase our chances but also internal competitions for ASTs and SPPWe created a WG in the Steering Committee of G2004 in order to prepare a concrete proposal to improve the certification exercise in ASTs & ask for alternativesCertification

23. TELEWORKING CHALLENGES

24. Teleworking Decision and GuidelinesWorking Time and Hybrid Working Decision guidelines/principles recently presented for opinionAnd then scratched and replaced by FAQReview of the Decision in Autumn (18 months implementation)Assessment already started (focus groups) - Staff representatives not involvedRecent demand by Generation 2004: trigger the payment of the lump sum that the decision foreseesWhat's next? Less flexibility, more days in the office?

25. CONTRACT AGENTS' CHALLENGES

26. Contract Agents situationWhat is the situation?Contract agents are almost 25% of the EC staff !!!Restricted internal competitions or non-existent for some FGEC is losing the talents and moneyLimited quotas for reclassification of 3a) CAsLimited screening from lower FG to higher

27. Contract agents' futureWhat do we fight for?We initiated a petition on the implementation of non-discriminatory conditions and career prospects for CAs (No. 0117/2021)Real career prospects for CAs and retaining talents Interinstitutional single job portal (incl. Agencies) and list of vacancies for CAsWG for CAs 3a) & 3b) at CSC & Steering Committee of Generation 2004Longer contracts based on the needs of the units – justified by the need to keep skilled CAsOffering training for competitionsMore elected CAs to the LSC & CSCCAs represented in social dialogues with the administration

28. Contract Agents pensionsWhat to do?Contract staff who leave the service of the EU on reaching pensionable age or have completed at least ten years' service with the EU institutions are entitled to an EU pension. You need to complete the 'Personal declarationA special 'Pensions' guide is on myintracom

29. Contract Agents Financial rightsWhat are your financial rights?​​You are entitled to receive the unemployment allowance for up to 1/3 of your period of employment with the EU institutions.You may benefit from the allowance for up to 3 years (from the end of your contract).​The allowance amounts to:​months 1 to 6: 60% of your basic salary ​months 7 to 12: 60% of your basic salary​months 13 to 24: 45% of your basic salary​months 25 to 36: 30% of your basic salary​Which are the financial limits?​for former contract agents, the basic allowance may not be more than € 2 366.10 or less​ than € 1 183.06 ​

30. PICARD CASE

31. Picard case – C-366/21 PPicard: contract agent in PMORecruited in 2008 as FGI in PMO – indefinite contract as of 2011Reclassified as FGII-5 on 1 June 2014 (still indefinite, but new contract)35 years old on 1 May 2014Retirement age: old:63; new: 66;if transitional measures apply: 64y8m, max: 65Pension accrual rate: old: 1.9%; new: 1.8%

32. Picard case – final judgementCase focuses on transitional measures (art. 22 & 23 of Annex XIII)Argumentation centres around „by analogy“ in art. 1(1), annex to the CEOS„The provisions of Annex XIII to the Staff Regulations shall apply by analogy to other servants employed on 30 April 2004. Article 21, Article 22, with the exception of paragraph 4, […] of that Annex shall apply by analogy to other servants employed on 31 December 2013.”Court of Justice (second round):„by analogy“ applies to uninterrupted payment of pension contributions:79 Therefore, for the purposes of applying the transitional provisions relating to that pension scheme, […], a member of the contract staff, such as the appellant, is in a situation similar to that of an official, […], where there is a change to his or her employment relationship with the administration of the European Union after 31 December 2013 that does not entail any interruption in the payment of contributions to the EU pension scheme.

33. Picard case – problemInstitutions do not want to apply to judgement to former CA who have become officialsArticle 28 of Annex XIII foresees already something” for such colleaguesAnother Court case is needed … Generation 2004 helped to finance the first Picard case; and we will not comment publicly on potential further legal actionsIf you retire in the near future (next 2 years), please see our article on the topic. And come see us later. Everybody else: relax, there is nothing that you need to do now.

34. HARASSMENT DECISION PACKAGE

35. What is the New Anti-Harassment Package?3 elementsCommission DecisionGuideAction Plan16 years after the 2006 anti-harassment decision a revision is coming Inter-Service Consultation has been organisedIntersyndical took placeSocial dialog was organised by DG HR

36. Current developments on the anti-harassment draft decisionHR shared the first draft of the new anti-harassment framework on 21 December 2022 (15:17 on the second-last working day of the year), with the corresponding SD starting 12 January 2023There were several SD technical meetings which concluded on the 12 July 2023 with a political concertation with Commissioner Hahn on the anti-harassment draft decision G2004 made several concrete comments, observations and proposals, as well as organised several events among which some were together with the Harassment Watch Network for raising the awareness of colleagues 

37. G2004 demands:Chief Confidential Counsellor (CCC) to have a stronger role and to have a team of colleagues to support his actionsThe CCC to be a one-stop shop within the informal and formal procedure under one roofCCC and confidential counsellors to be able to interact with the alleged harasser The confidential counsellors network to have a stronger position as they have obtain the best score in the internal staff survey (see the picture aside)CCs to support the CCC with broad competences (providing information, guiding through the procedures, supporting in collecting evidence and accompanying in formal procedure, if needed, helping to find solutions, interacting with the alleged offender and HR services, if needed and desired by the affected individual („victim“)

38. G2004 demands:Currently, the Mediation Service is not assessed positively (see the image aside)Mediation service has as main function to deal with the conflicts at work and not necessarily with harassment When the fear and mistrust is present also towards the Mediation Service, it may not be able to fulfil its functionIn case the Mediation service can be involved in the informal procedure, for sure it should not exclude the possibility of the victim to address also to Chief Confidential Counsellor

39. G2004 demanded:The clearer role of the Chief confidential counsellor who will be directly in coordination of the Commissioner and not DG HR and who will be the first entry point in all the harassment casesThe staff representatives will be involved in the appointment of the CCCThe concrete examples of what is psychological and sexual harassment cases to be in the draft decision includedThe importance of not asking the hard evidence at prima facie procedureThe training for middle and senior managers and for all staff who manage others (e.g. team leaders), The involvement of the European Anti-Fraud Office (OLAF) in the formal procedure, not only of the Investigation and Disciplinary Office of the Commission (IDOC) The colleagues (victims) should have real possibilities to address the national court of law without being afraid that there will be retaliation actions which will affect their jobThe DG HR publishes annual/semestrial reports and statistics regarding the sexual and psychological harassment cases that are brought to the attention of the Chief Confidential Counsellor,The external evaluation of the decision implementation to take place after three years

40. What is your role in a harassment case?If you are the victimYou should actively work to document the case.  Seek support from any witness you can have.  Decide whether you would like to use formal / informal procedure – Do not choose silence! b)    If you witness harassment -You should never hesitate to provide testimonial information to help you colleague justify their complain.c)     If you are staff - You should not intervene in the case directly – and you should direct your colleagues to the confidential counsellors network.  

41. Another reorganisation after reorganisation??

42. JSIS changes in ceilingsFirst IVF attempt before the beneficiary’s 45th birthday. This condition shall not apply to persons who will reach their 45th birthday within 18 months of the date of entry into force of this point.IVF attempts between the 45th and 48th birthdays can be reimbursed subject to prior authorisation.a general practitioner to €42 from €35specialist to €64 from €50 Fixed prostheses to 350€ from €250purchase and repair of hearing aids to 1800€ from €1500

43. Q&As

44. Thank you for your attention!You can contact us: rep-pers-osp-generation-2004@ec.europa.eu