WRITTEN QUESTION E-1172/02

by Esko Seppänen (GUE/NGL) to the Commission

(24 April 2002)

Subject: Working time and leave of Commission officials

The Commission has apparently concluded collective agreements with many trade unions. Have those agreements laid down standard working time and leave for all officials and common rules governing overtime, or are these matters regulated separately, depending on the individual agreements? With how many trade unions does the Commission have agreements and in how many cases does it pay the salaries of union staff?

Answer given by Mr Kinnock on behalf of the Commission

(10 July 2002)

The rules on standard working time, leave and overtime as applicable to officials are not determined by collective agreements. They are established by the Staff Regulations, which are part of the body of Community Law, and by their implementing provisions.

Since 1 October 1986 working time for full time officials has been formally established as 37,5 hours per week. While efforts are made to adhere to this provision, the necessities of various tasks and the interests of the Services mean that, in practice, large numbers of Commission staff work hours that are substantially in excess of that figure.

Officials are entitled to annual leave of twenty-four working days per calendar year(1), plus one to six extra days of leave(2) depending on their age and grade, and a maximum of 6 travelling days(3). An official may also be granted special leave in particular circumstances

For officials in category C or D, overtime can be compensated with time off or by remuneration(4). Some Services use their own practical arrangements for the compensation of overtime, but within the framework of these provisions.

Commission decisions affecting staff are taken only after consultation with the representative staff unions or, where appropriate, the Staff Committee. Accordingly, for example, the Commission decision on flexitime was adopted only after consultation with the staff unions(5).

On 4 April 2001(6), after negotiations with staff unions, the Commission concluded a new agreement on resources available for the staff representation. This agreement has been signed by six representative unions. It provides, inter alia, for reduction in the maximum number of posts made available to the staff unions from 21 to 12 posts. Support for elected representation in the Staff Committee has been strengthened. The arrangements are now similar to those used in several Member State administrations.

Following the Commission decision of 5 December 2001 another general agreement, known as the Framework Agreement, is currently being negotiated with seven unions in order to update the arrangements for the Commission's relations with the staff unions which have been largely based on an agreement made nearly 30 years ago in 1974. In the same decision, the Commission formally adopted general provisions concerning the concertation procedures (operational rules) and provisions concerning industrial action which had been concluded after negotiations with the representative staff unions at an earlier stage. Those improvements are already in operation.

The Commission does not pay salaries of staff employed directly by unions (OSPs). According to the information at the disposal of the Commission, only one representative OSP employs external staff extra muros and that employment is financed by membership fees.

On the basis of the agreement on resources between the Commission and the staff unions, unions that are parties to the agreement have at their disposal a maximum of 12 seconded Commission officials as well as specified and limited financial resources that can, inter alia, cover contracts for auxiliary staff employed by the Commission. Under the terms of that agreement, at present, 12 officials are formally seconded to, and 4 auxiliary agents are working for, staff unions. The agreement also allows for the release of officials from service duties for clearly determined periods and tasks and currently, five officials are formally released from service duties (one of them on a part-time basis) awaiting either reintegration or the finalisation of decisions concerning their secondments to the Staff Committee.

Finally, in some working locations of the Commission with a small number of personnel, staff unions are still offered on an ad hoc basis decided by local managers support in the exercise of their activities. This is no longer compatible with the general agreement and will be phased out.

(1) Staff Regulations, Article 57.

(2) Commission Decision 13 January 1967.

(3) Staff Regulations, annex V.

(4) Staff Regulations, Article 56 and annex VI.

(5) Administrative Information No 672, 25 April 1991.

(6) Commission Decision 15 June 2001.