Schola Europaea Office of the Secretary-General Human Resources

Ref.: 2013-10-D-18-en-2

Orig.: EN

REVIEW OF THE AAS REGULATIONS – INTERIM REPORT AND CONCRETE PROPOSALS OF THE AAS WORKING GROUP

BOARD OF GOVERNORS

3 – 5 December 2013

Introduction

The Board of Governors mandated in its meeting in December 2012 the AAS Working Group to review in particular the salary relevant provisions of the Service Regulations for the Administrative and Ancillary Staff (AAS) of the European Schools (hereunder: ‘AAS Regulations’) and to provide the Board of Governors by December 2013 with cost neutral concrete proposals.

Since then the AAS Working Group met five times. In a first step the scope of the review was fixed.

Initially it was intended that the review – based on an analysis of the current situation - should cover

the organisational charts of the 14 Schools and the Office of the Secretary-General,

the occupational categories,

the remuneration and different salary scales and

the career perspectives.

This document tries to summarize the main discussion in the Working Group and provides one concrete proposal with respect to the salary level for newly recruited staff and several concrete proposals to improve the internal career perspectives. A total review of the salary scales or even an introduction of a new salary grid (single spine) were discussed, but finally with respect to the precondition of cost neutrality dropped.

Nevertheless, members of the Working Group stressed the necessity to work out a more competitive and comparable salary system in order to become more attractive o the labour market.

Moreover, this document will also provide some minor proposals for the amendment of the AAS Regulations which are not linked to the salary or career relevant provisions of the AAS Regulations.

Analysis of the current situation

For the budgetary year 2013 a total of around 417 AAS posts (269 posts linked to administrative tasks and 149 posts linked to educational tasks) were agreed in the budgets of the 14 European Schools and the Office of the Secretary-General.

The number of posts varies from 14,5 posts in Culham up to more than 40 posts in the European Schools of Brussels I (40,12), Luxembourg I (40,30) and the Office of the Secretary-General (40,50).

According to Annex I of the AAS Regulations 33 different occupational categories can be found in the Schools and the Office of the Secretary-General. In the Office of the Secretary-General nine occupational categories are represented which do not exist in any of the Schools.

It is therefore recommended to review the occupational categories in the Office separately.

Possible fields for action discussed in the AAS Working Group

Occupational categories

In particular smaller schools claim that the ‘traditional’ occupational categories do not match the reality of those schools. Quite often the same AAS member holds several different functions or occupational categories. This is either caused by the fact that the Schools are not staffed in adequate manner or simply because the School concerned does not have the need of a fulltime post of a particular occupational category.

Secondly, the future requirements for modern schools might not be covered by the current occupational categories. On the other hand current occupational categories might be ‘outdated’.

Salary scales

A first analysis had clearly demonstrated that similar functions (for example the function of a ‘higher grade technician’) are not remunerated at the same ‘level’ in the different Schools. It is questionable whether a harmonized approach should be achieved all over the system or autonomy and flexibility, recognizing the differences between the labour markets in the hosting Member States, should be given to the Schools.

In this context it should also be mentioned that temporary, extraordinary tasks can only be ‘recognised’ in the limits of Article 23 of the AAS Regulations which foresees a compensation in case a staff member holds temporary (longer than one months) a higher post.

Career perspectives

Within a first revision of the AAS Regulations in the year 2010 some elements to create and to promote internal career opportunities were established (see new paragraphs 4 to 8 of Article 7 and the new paragraph 2 of Article 22 of the AAS Regulations). These provisions allow a change of the occupational category or a change from one European School to another European School within the same Member State without any loose of income. Moreover, the upgrading of a post and internal movements are facilitated (see the new Article 5.5 of the AAS Regulations).

Nevertheless, the rules are still quite strict when it comes to

the initial grading (Article 7.2 and 7.3 of the AAS Regulations),

the advancement to the next step (only every two years based on a positive evaluation – Article 21 of the AAS Regulations) and

the end of the career (possible incentives after the last step?).

In particular the advancement to the next step, which is linked for the ‘new’ staff with a ‘positive’ evaluation, is handled in practice in a quite static manner not really recognizing the different qualities and merits of the staff members concerned.

Annual adjustment of the salary (Article 25.4 of the AAS Regulations)

The different method of the annual adjustment of the salaries for staff members recruited before 19 April 2007 and staff members recruited as of 19 April 2007 has created several problems in the past and led to a different salary level between ‘old’ and ‘new’ AAS members. The method of calculation for the ‘old’ members was subject to a court ruling, which finally stated that the method requested by the Central Office does not violate the rights of the AAS members.

More flexibility

In case a School wants to upgrade a particular post or to create a new post even by supressing another post a consultation of the Budgetary Committee and the final approval of the Board of Governors is always needed. This is even the case when the exercise is cost neutral or has only minor budgetary effects. For example the upgrading of a Secretary post to an Assistant post might cause annual additional costs of less than € 8000.

This procedure seems to be quite burdensome in relation to the budgetary effects.

A new approach could be to foresee for the Schools, depending in particular on their size (number of pupils and sections), some kind of ‘parameter’ indicating

the nature of staff (which are the ‘obligatory’ occupational categories needed in every School?) and

the ‘compulsory’ number of AAS members

within binding budgetary limits defined in some kind of ‘envelope’.

Such an approach would allow the Schools to react immediately on specific needs and to be more flexible when it comes to promotion, internal, merit based career possibilities or the upgrading of posts.

This additional autonomy could be accompanied by binding guidelines of the Office of the Secretary-General which safeguard fair and transparent ‘good governance’ that does not risk to be challenged in front of the national courts.

Concrete proposals for amending the AAS Regulations

Creation of posts

Status quo

According to Article 4.3 of the AAS Regulations ‘the Board of Governors, on a proposal from the Directors and the Secretary-General, shall determine the administrative and ancillary staffing requirements each year’.

In fact, this means that every year after the consultation of the Budgetary Committee the Board of Governors has to decide on the necessity of staffing on the basis of the requests brought forward by the Directors on the basis of a more in depth discussion in the Administration Board of each school.

This procedure has it limits due to the fact that the Board of Governors has nearly no basis to take a reasonable decision on the individual needs of each school.

Discussion in the AAS Working Group

In order to provide the schools with more flexibility the Working Group discussed the idea of a budgetary ‘envelope’ which would replace the burdensome procedure of creation of new posts in case the school will stay in the budgetary limits defined by the Board of Governors in advance. Such an approach is already applied with respect to the auxiliary staff.

Taking for example the budget for AAS in 2014 as a reference, future budgets (or envelopes) would have to reflect the annual salary adjustments (Article 25.4 AAS Regulations) and the ‘normal’ development of the career (currently according to Article 21 of the AAS Regulations: advancement to the next step every two years under the condition of a positive evaluation).

This idea of a financial envelope was discussed in a controversial manner. Some Members of the Working Group had the fear that an envelope would be less secure as an agreed organogram and the Schools could be confronted with a decreasing staff budget in the coming years. The idea to foresee a certain percentage of the total budget for the staff budget was finally dropped for this reason.

In conclusion the idea of an envelope could only be accepted if the basis for the calculation of the envelope is clarified and the Schools would receive some safeguards with respect to the stability of the envelope which also has to reflect future salary increases linked to the annual adjustment in accordance with Article 25.4 of the AAS Regulations or promotions in line with Article 21 of the AAS Regulations.

Amendment of the AAS Regulations

For the time being the AAS Working Group is not in the position to provide any concrete proposal, but asks the Budgetary Committee and the Board of Governors to express their view with respect to this approach of an ‘envelope’ which would give more flexibility and responsibility to the individual schools.

Salary scales

Status quo

It was already stated above that a first analysis has clearly demonstrated that similar functions (for example the function of a ‘higher grade technician’) are not remunerated at the same ‘level’ in the different Schools. Moreover, some schools could proof that with the current salary scales they are no longer competitive on the local labour market.

Discussion in the AAS Working Group

The Working group had doubts whether a harmonized approach all over the system should be achieved or autonomy and flexibility, recognizing the differences between the labour markets in the hosting Member States, should be given to the Schools.

The idea of harmonised salaries all over the system was finally dropped, because the precondition of cost neutrality could hardly be fulfilled.

Finally the members of the Working Group agreed that a minor change in Article 7 of the AAS Regulations could help Schools to become more competitive when recruiting new highly qualified staff I a competitive labour market.

According to Article 7.2 of the AAS Regulations successful candidates ‘shall be placed at the lowest step on the salary scale for his/her grade as indicated I Annex 5 [of the AAS Regulations]’.

Only in ‘exceptional cases and at the recommendation of the interview board’ the management may decide in accordance with Article 7.3 of the AAS Regulations to grant the candidate ‘up to two steps above the lowest step in the salary scale order to take account of his/her education or relevant experience’. Such a decision must be communicated later to the next meeting of the Administration Board

This exception is linked to the professional experience or education.

In order to overcome particular challenges on the local labour market it is proposed to introduce another exception from the principle laid down in Article 7.2 of the AAS Regulations and to create the possibility to grant up to step five in case it can be proofed that qualified personnel cannot be recruited otherwise. Such an exception would require a positive vote (for example via written procedure) of the Administration Board in advance.

Amendment of the AAS Regulations

Article 7.1 to 7.3 could read as follows:

Art. 7	Initial grading

1.	Successful candidates shall be appointed at the grade corresponding to the post for which they have been recruited.

2. Without prejudice to the paragraphs 3 to 8 they shall be placed at the lowest step on the salary scale for his/her grade as indicated in Annex 2.

The management may, in exceptional cases and at the recommendation of the interview board, grant him/her up to two steps above the lowest step in the salary grade in order to take account of his/her education and relevant experience. Any such decision must be communicated to the next meeting of the Administrative Board. Moreover, the management may decide, based on a favourable vote of the Administration Board, to grant up to four steps above the lowest step in the salary grade in case the management could proof that no qualified candidate could be recruited due to the competitive situation on the local labour market.

Horizontal and vertical mobility/career opportunities

Status quo

Currently Article 5.5 in connection with Article 24 bis of the AAS Regulation are facilitating a horizontal mobility by giving the possibility for internal movements without passing a recruitment procedure as generally foreseen in Article 5 of the AAS Regulations. Moreover, Article 7.4 of the AAS Regulations facilitates the change from one school to another within the same occupational category.

On the contrary, vertical movements in the same school or the upgrading of a post request a prior creation of a post (see Article 22.2 of the AAS Regulations) and, in the case of the vertical movement, in addition a formal recruitment procedure in line with Article 5 of the AAS Regulations.

The same requirements also have to be observed when, in line with Article 23 of the AAS Regulations, a staff member temporarily holds a higher ranking post for example due to a long term sick leave of a colleague. Also in these cases a permanent replacement of the sick staff member will require a formal selection procedure in line with Article 5 of the AAS Regulations.

Discussion in the AAS Working Group

The members of the working group discussed the possibility to review the whole systematic of occupational categories and to replace the current system by a system of ‘single spine’, currently also discussed in other international organisations.

Such a system could facilitate vertical movements within defined ‘job families’. Discussing the details of such an approach it became obvious that for each school an individual system might have to be created which – moreover –would have to respect acquired rights of the current staff.

Finally, the Working Group decided to follow a more pragmatic and less burden sum approach and to analyse the current AAS Regulations and to identify setscrews with respect to the current AAS Regulations which would facilitate internal career opportunities.

In this context three areas were identified:

the possibility to change the professional category;

the permanent replacement of an absent staff member and

the facilitation of job rotation within the schools.

The change of the occupational category within the School could be facilitated by allowing an internal selection procedure in analogy to Article 24 bis.

Moreover, a staff member replacing permanently a colleague in a higher occupational category should have, after temporarily holding the post of this colleague, the possibility to participate in an internal selection procedure. The experience already gained during the replacement could reduce the probationary period in the higher function.

Finally, the members of the Working Group agreed on a facilitation of school-internal careers. This facilitation should not be limited to school-internal measures, but being extended to mobility between the 14 Schools and the Central Office.

The latter proposal matches with a recent request of the Court of Auditors to promote job rotation in particular in sensitive areas like the accountancy.

In this context, the management of a School should have the possibility to follow a three-step-approach when filling in a vacancy:

School-/Office-internal vacancy note;

vacancy note limited to the 14 Schools and the Central Office;

publication for third parties.

Depending on the needs and the possible internal candidates the management may decide to combine different steps or to skip a step.

Amendment of the AAS Regulations

Article 5.5 could read as follows:

Art. 5	Recruitment conditions and appointment procedure

5.	The management may decide to derogate from the provisions in paragraph 4 in cases where the vacancy can be filled with a member of the AAS of the same school or another European School (….). In such cases the management may decide on a transfer of a person to another function in the interest of the service, if that person has successfully passed an internal selection procedure (…).

Furthermore, the provisions of paragraph 4 may be waived when the post is to be filled on a temporary or a predetermined fixed-term basis.

Article 7.4 could read as follows:

Art. 7	Initial grading

4. Successful candidates who already have a contract of employment with another school (…) in the same occupational category shall be graded at the step on the salary scale which they had already reached.

Article 24 bis could read as follows:

Art. 24 bis	Internal Measures

1. ‘Chapter II and in particular Articles 5, 7 and 8 do not apply in cases of school-internal measures within the same occupational category. The management may decide on the transfer of a person in the interest of the service within the same occupational category. The post that is rendered vacant due to the internal movement will be subject to the rules laid down in Chapter II and in particular Articles 5, 7 and 8.’

2. In case of internal promotions within the same school or within the system of the European Schools Article 7.5, Article 7.6 and Article 7.7 of these Service Regulations have to be applied.

Article 22 could read as follows:

Art. 22	Change of occupational category

1. A member of the AAS can be transferred from one occupational category to another only by following the appointment procedure in accordance with the provisions of Chapter II of these Service Regulations. The first six months in the new category shall be regarded as a probationary period unless otherwise specified by national legislation. For the duration of the probationary period the post vacated by the person changing category shall be occupied for a fixed term corresponding to the probationary period referred to above.

2. By way of an exception, a member of the AAS may be placed in a higher occupational category without an internal or external selection procedure, if the transformation of his/her post is agreed by the Board of Governors under the normal procedure for the creation and suppression of an AAS post. The member of staff may be moved up into the higher occupational category, only if the requirements for the post are fulfilled. Its contract shall be amended accordingly without any change to the other terms and conditions.

Article 23 could read as follows

Art. 23	Temporary holding of posts

1. In emergencies, and in the interests of the school, a member of the AAS may exceptionally be called upon to occupy temporarily a post in another category, even though holding it requires diplomas and knowledge and skills of a level higher than those of the category to which he/she belongs. This situation may not last for longer than six months. The limit on the temporary holding of a post shall not apply, if the purpose is to replace, directly or indirectly, a member of staff on long-term leave.

2. Staff holding such temporary posts shall be paid from appropriations earmarked for this purpose in the school’s budget.

3. The member of the AAS concerned shall receive, as from the second month from the start of his/her temporary posting, an allowance (payable retrospectively from the day in which the substitution began) equal to the difference between the remuneration carried by his/her basic step and that corresponding to the basic step of the temporary posting.

4. The member of the AAS concerned shall be entitled to participate in an internal selection procedure in line with Article 5.5 and Article 24 bis 2 of these Service Regulations. In case the member of staff will be selected, the period of temporary posting may be acknowledged when determining the length of the probationary period foreseen in Article 8 of these Service Regulations.

Staff representation

Finally, in the Working Group the issue of staff representation and the protection of the staff representatives and the presence of staff representatives in the selection procedures were addressed.

The members of the Working Group agreed to propose a clarification that the staff representatives cannot be dismissed for reasons inherent to their mandate and to introduce this clarification in Article 15.2 of the AAS Regulations.

Moreover, they agreed that the staff representation should have the right to be present in the interviews carried out in the selection process.

Article 15.2 could read as follows:

Art. 15	Association and representation

2. The members of the AAS of each school shall elect a representative and an alternate every year. Only members of the AAS with at least a two-year contract and in the school’s service for more than six months shall be entitled to vote and stand for election. The representative of the AAS of the school shall be a member of the school’s Administrative Board. The performance of representational duties shall not be prejudicial to the person concerned. The representative of the AAS cannot be dismissed for reasons inherent to his/her mandate or delegation. The elected representative shall be entitled to two hours’ release from normal duties per week.

Article 5.4 d could read as follows:

Art. 5	Recruitment conditions and appointment procedure

After the closing date for the submission of applications, the management, assisted by a person of its choice competent to judge the candidates and by the AAS representative or by a member of the AAS Committee nominated by the latter, shall evaluate the applications submitted and shortlist the best qualified candidates. The management and assistants will shortlist candidates for interview. The management will decide on the composition of the interview board. A representative of the AAS shall attend as an observer at the meeting of the interview board. Taking account of the views of the interview board, the management shall decide on the appointment to be made. All the candidates will be informed of the outcome of their application.

Recommendation of the Budgetary Committee

With respect to the concept of an budgetary envelop covering the creation, transformation and deletion of posts the Budgetary Committee considered that this approach would give more autonomy to the schools and encouraged the Working Group to continue its work in this respect.

With respect to the possibility to offer an initial grading up to step 5the Budgetary Committee agreed on a compromise proposal tabled during the meeting.

Concerning the internal mobility the Budgetary Committee recommends that the Board of Governors should allow the mobility within the posts in the financial areas in order to facilitate a rotation of the staff members as recommended by the Court of Auditors. Nevertheless for vertical movements an open procedure is requested.

With respect to the changes linked to the staff representation the Budgetary Committee recommends to the Board of Governors to adopt these changes.

Proposal

The Board of Governors is asked

to express its views concerning the concept of a ‘budgetary envelope’ replacing an organogram and

to adopt the concrete proposals for amending Article 5.4 and 5.5, 7.3 and 7.4, 15 and 24 bis as illustrated in the annex of this document.

Annex

Draft Proposal for the amendment of the Service Regulations for the Administrative and Ancillary Staff (AAS) of the European Schools

(amendments to Doc. 2007-D-153-en-5 are in bold)

Article 5.5 should read as follows:

Art. 5	Recruitment conditions and appointment procedure

1.	Recruitment shall be aimed at securing for the schools the services of persons fit to perform the duties, with the highest standards of efficiency and integrity and the skills required for the performance of their duties.

2.	Members of the AAS shall be recruited irrespective of sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation. No posts shall be reserved for nationals of any specific member state.

3.	The selection process will be based on the principle of equal treatment of candidates.

4.	a) When a vacancy occurs, a notice shall be published by the management, giving details of:

- the post to be filled and the duties involved,

- the qualifications recommended in Annex 1 and, where appropriate, relevant experience,

- the closing date for the submission of applications.

b)	The vacancy notice should invite candidates to outline in their applications the qualities which in their opinion make them particularly well suited to the post.

c)	The vacancy shall be brought to the attention of the general public by publication of an advertisement in a widely spread media at least two weeks before the closing date for the submission of applications. During the same period the vacancy will also be advertised in all the schools.

d) After the closing date for the submission of applications, the management, assisted by a person of its choice competent to judge the candidates and by the AAS representative or by a member of the AAS Committee nominated by the latter, shall evaluate the applications submitted and shortlist the best qualified candidates. The management and assistants will shortlist candidates for interview. The management will decide on the composition of the interview board. A representative of the AAS shall attend as an observer at the meeting of the interview board. Taking account of the views of the interview board, the management shall decide on the appointment to be made. All the candidates will be informed of the outcome of their application.

e)	The Director shall inform the Administrative Board of the school of appointments made. The Secretary-General shall inform the Board of Governors of appointments involving the staff of the Office.

5.	The management may decide to derogate from the provisions in paragraph 4 in cases where the vacancy can be filled with a member of the AAS of the same school or another European School holding the same or equivalent occupational category. In such cases the management may decide on a transfer of a person to another function in the interest of the service, if that person has successfully passed an internal selection procedure (…).

Furthermore, the provisions of paragraph 4 may be waived when the post is to be filled on a temporary or a predetermined fixed-term basis.

6. The management shall ensure that all the statutory conditions of the host country for recruitment of staff by an educational institution have been met and that the person recruited is suitable to hold a post in a school.

Article 7 should read as follows:

Art. 7	Initial grading

1.	Successful candidates shall be appointed at the grade corresponding to the post for which they have been recruited.

2. Without prejudice to the paragraphs 3 to 8 they shall be placed at the lowest step on the salary scale for his/her grade as indicated in Annex 2.

The management may, in exceptional cases and at the recommendation of the interview board, grant him/her up to two steps above the lowest step in the salary grade in order to take account of his/her education and relevant experience. Any such decision must be communicated to the next meeting of the Administrative Board. Moreover, the management may decide in exceptional cases linked to certain occupational categories, which have been identified in advance unanimously by the Administrative Board, to grant up to four steps above the lowest step in the salary grade, in case no qualified candidate could be recruited due to the competitive situation on the local labour market.

Successful candidates who already have a contract of employment with another school (…) in the same or in an equivalent occupational category shall be graded at the step on the salary scale which they had already reached.

Successful candidates who already have a contract of employment with another school in the same country in a lower occupational category shall be graded at the step on the salary scale which is the first that carries a salary at least equal to the previous one.

Successful candidates who already have a contract of employment with the same school in a lower occupational category shall be graded at the step on the salary scale as indicated in Annex 2 which is the first that carries a salary at least equal to the previous one.

Successful candidates who already have a part-time contract of employment with the same school in a lower occupational category shall without prejudice to paragraph 3 be placed at the lowest step on the salary scale for his/her grade as indicated in Annex 2.

In the cases referred to in paragraphs 4 and 5 a new contract of employment shall be concluded, whose terms and conditions shall comply with the provisions in force in the school to which he/she is moving.

Article 24 bis should read as follows:

Art. 24 bis	Internal Measures

‘Chapter II and in particular Articles 5, 7 and 8 do not apply in cases of (…) measures within the same or in an equivalent occupational category within the system of the European Schools. The management may decide on the transfer of a person in the interest of the service within the same occupational category. The post that is rendered vacant due to the internal movement will be subject to the rules laid down in Chapter II and in particular Articles 5, 7 and 8.’

Article 15 should read as follows:

Art. 15	Association and representation

1.	Members of the AAS shall be entitled to exercise the right of association. They may in particular be members of trade unions or professional associations and may hold office.

2.	The members of the AAS of each school shall elect a representative and an alternate every year. Only members of the AAS with at least a two-year contract and in the school’s service for more than six months shall be entitled to vote and stand for election. The representative of the AAS of the school shall be a member of the school’s Administrative Board. The performance of representational duties shall not be prejudicial to the person concerned. The representative of the AAS cannot be dismissed for reasons inherent to his/her mandate or delegation. The elected representative shall be entitled to two hours’ release from normal duties per week.

3.	The AAS Committee, made up of one representative of the AAS from each school (elected as specified in Art. 15.2 above), and the Inter-Schools Staff Committee referred to in the Regulations for Members of Seconded Staff of the European Schools – which two committees together shall constitute the Staff Committee referred to in Art. 22 of the Convention defining the Statute of the European Schools – shall designate annually, by common accord, a delegate and his/her alternate, from among the teaching staff, to represent them at meetings of the Board of Governors. The President of the Board of Governors may, however, invite AAS representatives, as experts, to meetings whenever matters of interest or concern to AAS members are to be addressed.

4.	The representatives of all the AAS Committees of the schools may meet at the same time and at the same venue as the representatives of the teaching staff to discuss matters of common interest. Where duly substantiated circumstances so require, the Secretary-General may authorise additional meetings to be held, at a venue to be determined by him. Mission expenses shall be reimbursed as provided for in Art. 18 of these Service Regulations.