RULE OF APPLICATION No 36

CONCERNING THE ARRANGEMENTS FOR PART-TIME WORK, JOB-SHARING AND TELEWORKING (LEAVE SAVINGS ACCOUNT)

In the context of the Administrative Reform, it is necessary to publish the new provisions of the Regulation of Application No. 36 related to the Leave Savings Account (“LSA”).

This Rule should be amended in order to implement the amendments to Article 55a (2) (h) of the Staff Regulations and its Annex IIa, Article 5 (hereinafter referred to as “Status”).

AMENDMENTS

This section of RA No. 36 defines, with respect to the Leave Savings Account (LSA):

– How to make initial and annual requests;

– How the remuneration will be paid;

– the duration of the work;

– Possibilities of use of accumulated days;

– The possibility for ATCOs under Early Termination of Service (‘ETS’) scheme to benefit from the LSA 8 years prior to their cessation of active service.

– The assimilation, for the purposes of this Rule, of the ETS departure date to the retirement date. This shall be clearly stated at the beginning of this Rule  in order to avoid the risk of misunderstanding between the staff departure under the ETS scheme  and his retirement date;

– The amendment to Article 3 on the strict fixing of the planning in case the use of the LSA arrangement results in the anticipated departure taking place before  the official’s retirement date, as a consequence of the use of the LSA accumulated leave days;

– The amendment to Article 7 clarifying the method of financial compensation (the 1 / 30th calculation as days off does not offer sufficient compensation for the cost of days “bought” in part-time);

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RULE OF APPLICATION NO 6

CONCERNING THE TERMS AND CONDITIONS GOVERNING LEAVE

 It is necessary to modify Rule of Application No 6 for the purpose of taking on board the provisions currently in force in the European Institutions and notably for the rationalisation of certain aspects regarding the terms and conditions governing leave. A table including the EU provisions has been circulated for ease of reference during the technical meetings.

It is also necessary to modify Rule of Application No 6 since it has not been revised since 2008 and that its provisions require modernisation by taking into account, inter alia, societal changes (e.g. including new concepts that were not existing before such as the force majeure with terrorism issues, taking into account the changes to customs and family schemes by adding new beneficiaries for the special leave etc.)

AMENDMENTS

This Rule defines the terms and conditions governing leave in accordance with Article 57 of the Staff Regulations.

The main changes from the previous version concern the following points:

– The possibility to carry-over more than 12 days of annual leave on the following-year in case of annual leave not taken for reasons attributable to the requirements of the service or due to illness;

– The rationalisation of the cancellation of leave;

– The reimbursement of costs incurred when, an official is recalled to duty while on annual leave as a result of unforeseeable and exceptional circumstances having a business impact, or when an official’s leave has been cancelled for the same reasons at the Agency’s request.

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RULE OF APPLICATION NO 7

CONCERNING REMUNERATION

 In order to adapt the text to the necessities observed during the Administration’s practice as well as to take into account new clarifications entered into force at the European commission, it is necessary to publish the new provisions of Rule of Application No 7. A full alignment with provisions in force at the EU is suggested in this respect.

Moreover, it is necessary to modify Rule of Application No 7 for three main reasons: to correct some discrepancies in the current version which have led to confusions in the English version, thus making it is important to align the two texts.

Moreover, several clarifications of technical points are necessary to enable a better predictability for the officials as well as the administration. Finally, some changes are related to the rationalisation and to EUROCONTROL specificities.

AMENDMENTS

The main changes from the previous version concern the following points:

– Two corrections of translation discrepancies in the English version ( art 1.5 and 5.2 of the Implementing Provisions);

– Clarification and alignment with the European Commission provisions for the definition of the spouse’ professional income, as approved by Office Notice 17/03.

– Clarification on the type of income of the children taken into consideration to determine whether the dependent child allowance should be given, and the way to define such income;

– Adding the concept of vocational training in the same way as mandatory internships;

– Suppression, for the definition of dependent child, of whether the child is covered by national or international medical scheme (implementing provisions of Article 2.2, definition of dependent child), since dealt with by RA10.

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RULE OF APPLICATION NO 8 VERSION (A)

CONCERNING REIMBURSEMENT OF EXPENSES

 It is necessary to modify Rule of Application No 8 for the purpose of taking on board the

provisions currently in force in the European Institutions

AMENDMENTS

This Rule defines the terms and conditions concerning reimbursement of expenses.

The main changes resulting from the alignment with the relevant European Union provisions concern:

 the general provisions giving effect to Article 4 of Rule of Application 8. The new provisions give effect to Commission Decision 8967 of 2013 and which foresee

− payment of travel expenses incurred in the year of taking up appointment, of taking full-time parental or family leave or leave on personal ground or of termination of service, and;

− payment of travel expenses in the event of a change in the place of employment or place of origin

 the procedure and criteria for the reimbursement of removal expenses. The new provisions are aligned to those currently in place at the European Union, namely Commission Decision 9040 of 2013, entitled “General Implementing Provisions on removal expenses (Article 9 of Annex VII to the Staff Regulations).

These provisions would replace the equivalent provisions applicable to the EUROCONTROL Staff Regulations and General Conditions of Employment (Article 5 of Rule of Application No. 8).

 

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