CELEX: 51983PC0455
Language: en
Date: 1983-07-14
Title: PROPOSAL FOR A COUNCIL REGULATION ( EEC, EURATOM, ECSC ) AMENDING THE CONDITIONS OF EMPLOYMENT OF OTHER SERVANTS OF THE EUROPEAN COMMUNITIES

9.8.83                                  Official Journal of the European Communities                             No C 213/7
                                                               II
                                                       (Preparatory Acts)
                                                  COMMISSION
               Proposal for a Council Regulation amending the conditions of employment of other
                                            servants of the European Communities
                                 (Submitted by the Commission to the Council on 28 July 1983)
THE COUNCIL OF THE EUROPEAN                                         1. The following paragraph is added to Article 8:
COMMUNITIES,
                                                                       'The contracts of temporary staff engaged for a
Having regard to the Treaty establishing a single                      fixed period may be renewed not more than once
Council and a single Commission of the European                        for a fixed period. Any further renewal shall be
Communities, and in particular Article 24 thereof,                     for an indefinite period.'
Having regard to the proposal from the Commission,                  2. The first paragraph of Article 11 is replaced by
submitted after consulting the Staff Regulations                       the following:
Committee,
                                                                       'Articles 11 to 26 of the Staff Regulations,
                                                                       concerning the rights and obligations of officials,
Having regard to the opinion of the European Par-                      shall apply by analogy. However, where a
liament,                                                               member of the temporary staff holds a contract
                                                                       for a fixed period, the duration of leave on
Having regard to the opinion of the Court of Justice,                  personal grounds referred to in the second
                                                                       paragraph of Article 15 of the Staff Regulations
Whereas Article 2 and Article 3 of Council Regu-                       shall be limited to the remainder of the term of
lation (EEC, Euratom, ECSC) No 259/68 (*), as last                     the contract.'
amended by Regulation (EEC, Euratom, ECSC) No
440/83 (2), lay down the Staff Regulations of officials             3. The third paragraph of Article 14 is replaced by
and the conditions of employment of other servants                     the following:
of the European Communities respectively; whereas it
is for the Council, acting by a qualified majority on a                'Not less than one month before the expiry of the
proposal from the Commission and after consulting                      probationary period, a report shall be made on
the other institutions concerned, to amend the Staff                   the ability of the member of the temporary staff
Regulations and the conditions of employment;                          to perform the duties pertaining to his post and
                                                                       also on his conduct and efficiency in the service.
                                                                       This report shall be communicated to the person
Whereas, in the light of experience gained in applying                 concerned, who shall have the right to submit his
the said Staff Regulations and the said conditions of                  comments in writing. A member of the temporary
employment, certain provisions of the conditions of
                                                                       staff whose work has not proved adequate to
employment should be amended, notably in respect of
                                                                       justify his retention in his post shall be dismissed.
research staff,
                                                                       A report on the probationary member of
HAS ADOPTED THIS REGULATION:                                           temporary staff may be made at any time during
                                                                       the probationary period if his work is proving
                                                                       obviously inadequate. The report shall be
                            Article 1                                  communicated to the person concerned, who
The conditions of employment of other servants of                      shall have the right to submit his comments in
the European Communities are hereby amended as                         writing. On the basis of the report the authority
follows:                                                               authorized to conclude contracts of engagement
                                                                       may decide to dismiss the member of the
                                                                       temporary staff before the end of the
                                                                       probationary period, by giving him one month's
C) O J N o L 5 6 , 4. 3. 1968, p. 1.                                   notice; the period of service may not, however,
O OJ No L 53, 26. 2. 1983, p. 1.                                       exceed the normal probationary period.
 ---pagebreak--- ^oCP2t^                                          official journal of the European communities                                                     ^.8.83
    Adismissedmemberof the temporary staff shall                                   t o a h i g h e r step. Ide shall alsoretain his right to
    beentitledtocompensationequaltoone^thirdof                                     retirement pension if, after completing his
    his basic salary pe^ month of probation                                        military service, he pays up his pension contri
    completedB                                                                     butions retroactively.
                                                                                   A m e m b e r o f t h e t e m p o r a r y s t a f f w h o is called up
 ^ in A r t i c l e d                                                              forreser^etrainingor isrecalledtoser^e inthe
                                                                                   armedforcesshall, during t h e p e r i o d o f training
    ^    the words ^three months^ at the end of the                                or recall, continue to receive his remuneration
         first p a r a g r a p h a r e r e p l a c e d b y t h e w o r d ^ S m     subject to deduction of an amount equal to his
         months^                                                                   service payB
    ^    The following three paragraphs are added^                              D. In Article 20, the fourth paragraph a n d t h e scale
                                                                                   of basic monthly salaries are deleted.
         ^ h i l e a m e m b e r of the temporary staff is on
         unpaid lea^e his membership of the social
         security scheme provided for in Article 28                             B5 The following sentence is added to Article 2^^
         shall be suspended.
         Plowe^er, a member of the temporary staff                                 ^Howe^er^the twelvemonth ruleshall not apply
         who provides evidence that he cannot be                                   if amember of the temporary staff isassignedto
         cohered by any other public scheme of                                     a new place of employment and is obliged to
         insurance against the risks referred to in                                change his place of residence asaresultB
         Article 28 may, not later than one month
         following that in which unpaid lea^e begins,                           8.1nArticle2^
         apply to continue to be cohered in
         accordance with that Article, provided that he
                                                                                    ^     the following subparagraph is added to
         bears half the cost of the contributions
                                                                                         paragraph n .Plowe^er, a member of the
         required to co^er the risks referred to in
                                                                                          temporary staff who is required to change his
         Article 28 for the durationof his l e a ^ t h e
                                                                                          place of residence following transfer t o a n e w
         contributions shallbecalculatedby reference
                                                                                          place of employment shall receive three^thirds
         to his last basic salary.
                                                                                          of the rate laid down in Article ^ of Anne^
         ^ioreo^er, temporary staff as defined in                                        VN to the ^taff Regulations^
         A r t i c l e 2 ^ , ^ a n d ^ w h o p r o ^ e that they
         cannot acquirepension rights under another                                 ^     the figure of Bfrs^OOO i n t h e first indent of
         pension scheme may apply to continue to                                          paragraph ^ is replaced by Bfrs ^ 0 0 0 and
         acquire further pension rights throughout the                                    t h e f i g u r e o f Bfrs ^ O O O i n t h e s e c o n d i n d e n t
         period of unpaid lea^e, provided they bear                                       is replaced by Bfrs 22 000
         the cost ofacontribution equal to three times
         the rate laid down in A r t i c l e ^ t h e i r c o n t r i
         butions shall be calculated by reference to the                        ^. The following sentence is added to Article 2 ^
         basic salary for their grade and stepB
                                                                                    ^ldowe^er,amember of the temporary staff who
                                                                                    is engaged for a fi^ed period of less than 12
 ^. Articlet8 is replaced by the following^                                         months, or who is deemed by the authority
                                                                                    referred to i n t h e firstparagraph of Articled to
                                                                                    be engaged for an equivalent period if his
                                                                                    contract is for an indefinite period, and who
                                                                                    furnishese^idence that h e m u s t change hisplace
    r h e contract o f a m e m b e r of the temporary staff                         of residence shall be entitled to the daily
    who is called up for military service or for reserve                            subsistene allowance for the duration of his
    training or is recalled to ser^e in the armed forces                            contract or forama^imum of one yearB
    shall be suspended^ fo^r temporary staff engaged
    for a fi^ed period the suspension may in no                                10. T h e f i r s t p a r a g r a p h o f Article28 i s r e p l a c e d b y
    circumstances exceed the duration of the
                                                                                    the following^
    contract.
                                                                                    ^Articles B2 and ^ of the ^taff Regulations,
    Amember of the temporary staff who is called up                                 concerning sickness and accident co^er, shall
    for military service shall cease to receive his                                 apply by analogy to temporary staff during the
    remuneration but shall retain his right under                                   period of employment, during sick lea^e and
    these conditions of employment to advancement                                   during theperiods of u n p a i d l e a ^ e r e f e r r e d t o i n
 ---pagebreak--- 9.8.83                             Official Journal of the European Communities                           N o C 213/9
    Article 17; Article 72 of the Staff Regulations,               (c) if the servant is unable to resume his duties at
    concerning sickness cover, shall apply by analogy                  the end of a period of paid sick leave as
    to temporary staff in receipt of invalidity pension                provided for in Article 16. In such case the
    and to recipients of a survivor's pension.'                        servant shall receive an allowance equal to his
                                                                       basic salary plus family allowances at the rate
11. In Article 47(1) (b) the sentence T o r temporary                  of two days per month of service completed.'
    staff whose engagement has been renewed, the
    period of notice shall be increased to six .months'
    is inserted after the sentence 'Such period of            TRANSITIONAL PROVISION
    notice shall be not more than three months nor
    less than one month.'
                                                                                       Article 2
12. Article 48 is replaced by the following:                  The provisions of this Regulation shall apply to
     'Article 48                                              temporary staff in service when this Regulation comes
                                                              into force.
    Employment, whether for a fixed or for an
    indefinite period, may be terminated by the
    institution without notice:                               FINAL PROVISION
    (a) during or at the end of the probationary
         period in accordance with Article 14;                                         Article 3
    (b)    if the servant ceases to satisfy         the       This Regulation shall enter into force on the day
         requirements of Article 12 (2) (a) and     (d).      following its publication in the Official Journal of the
         However, if the servant ceases to satisfy   the      European Communities.
         requirements of Article 12 (2) (d),         his
         contract may be terminated only              in      This Regulation shall be binding in its entirety and
         accordance with Article 33;                          directly applicable in all Member States.