Breaking news - Teleworking outside the country of employment: the President of the General Court confirms R&D’s legal analyses
Brussels, 27 April
2021
Breaking
news
The President of the General Court confirms R&D’s legal analyses ofthe unacceptable nature of the restrictions imposed onteleworking outside the country of employmentduring the health crisis ( lien )
By
his Order of 13 April 2021, the President of the General Court upheld an
application for interim measures submitted by a colleague assigned to the
European Institute of Innovation and Technology (EIT) against the decision to
refuse her the opportunity to telework outside the country of employment
during the health crisis
This
Order is particularly interesting as the EIT applies much more flexible rules
than those applied at the Commission, as the EIT allowed teleworking outside
the country of employment during the health crisis up to two weeks per month.
And
yet, it is to these rules, which are much more flexible than those applied by
our institution, that the Order imposes the suspension.
Our
colleague who lodged the application for interim measures complained, inter
alia, that the restrictions imposed on teleworking outside the country of
employment prevent her from seeing her two minor children regularly for an
indefinite period.
Indeed,
due to the COVID-19 pandemic, as for many other members of our staff, the
possibilities for this colleague to travel regularly to see her family were
compromised due to travel restrictions, possible limitations on the number of
flights operated and higher flight cancellation rates.
Furthermore,
the existing quarantine measures also threatened to reduce the time she could
have spent with her family and children, while the prolonged social distancing
and distance learning accentuated the role and importance of monitoring and
support that parents must provide to their children.
In
this regard, it should be borne in mind that the possibility of being close to
their children is one of many of the reasons put forward by the Commission
staff and of which we have informed our administration, for requesting the
relaxation of the rules on teleworking outside the country of employment during
the health crisis.
And
we have repeatedly pointed out that the interests of the service must be
balanced against the interests and personal situations of colleagues, in line
with the duty of care.
As
the Order points out, the present case was concerned with balancing, on the one
hand, the interest in preventing serious and irreparable harm to colleagues
because of the impossibility of maintaining regular contact with their minor
children while carrying out their professional duties in the challenging
context caused by the COVID-19 pandemic, and, on the other hand, the
institution’s interest on the colleague working at her place of employment.
Interest in working at the place of employment, which is all the less crucial
given the current 100 % teleworking scenario adopted by our institution.
And
this obligation of balance is, of course, the same where the request is
motivated by the need to be with his or her spouse, his or her elderly or
suffering parents, or by other significant difficulties with respect to family
life. In order to assess the seriousness of these difficulties, it is
sufficient to refer to the testimony given by the colleagues of the
"TWA" group, sent to Commissioner Hahn on 12 April.
And
contrary to what DG HR claims regarding the indisputable clarity of the scope
and effectiveness of Article 20 of the Staff Regulations, the President of the
General Court confirms that:
“(...) so far, the
Union courts have not yet made an interpretation of Article 20 of the Staff
Regulations and of the possible adjustments to the obligation arising from that
provision in the context of exceptional circumstances such as those arising
from the COVID-19 pandemic. Moreover, the existing case-law does not allow for
an easy answer to that question, which requires, on the contrary, a thorough
examination in the main proceedings... it follows from the foregoing that the
main action raises an important and delicate novel question which warrants an
in-depth examination, which cannot be carried out by the judge hearing the
application for interim measures in the context of an examination of the
merits, prima facie, of the main action, but must be the subject of the main
proceedings.”
This
is what we have consistently said and we are far away from the legal certainty
that DG HR has constantly claimed, feeling entitled to accuse other
institutions who had adopted a more flexible approach to teleworking outside
the country of employment during the health crisis, of failing to comply with
the Staff Regulations.
DG
HR’s position is all the less understandable, as it proposes a much more
flexible approach to teleworking outside of the country of employment in the
context of the “New Normal” than during the health crisis, which is simply an
insult to the colleagues who were denied their requests.
And
the President of the General Court recalls, as we have consistently pointed
out, the obligation for the institution to comply with the DUTY OF CARE
and that:
“it should be noted
that, although the institutions have a wide discretion in the organisation of
their services and the organisation of the working conditions of staff in
accordance with the constraints associated with the health situation, the
exercise of that discretion must nevertheless be carried out in compliance with
the duty of care. This reflects the balance of reciprocal rights and
obligations that the Staff Regulations and, by analogy, the Conditions of
Employment of Other Servants of the European Union have created in relations
between the public authority and civil servants. That balance means, in
particular, that, when deciding on the situation of a member of staff, the
authority must take into consideration all the factors which may determine its
decision and that, in so doing, it must take into account not only the
interests of the service but also, in particular, that of the staff member
concerned... This is all the more true in the context of the current COVID-19
pandemic, which calls for the adoption of more important measures of care and support
to respond to personal situations which make the performance of the duties
particularly difficult’
It
is in this context that the President of the General Court confirms that, as we
have always stated, weighing up the interests tends in favour of our colleague,
who should be allowed to telework from her children’s place of residence,
provided that the situation related to the COVID-19 pandemic so warrants and
without prejudice to the obligation to travel on an ad hoc basis to the place
of employment for reasons related to the interests of the service, at the
request of her institution.
In view of the above, we reiterate our request that the Commission, as
well as to the other institutions, relax the current rules on teleworking
outside the country of employment during the health crisis.
It is not a question, as DG HR claims, of calling into question and/or
jeopardising the basic principles of our European civil service, which R&D has always defended with the utmost
determination. It is not natural to imagine that the President of the General
Court of the European Union could also be accused of it.
It is simply a question of taking into account the sometimes dramatic
seriousness of the difficulties that colleagues may encounter because of the
terrible COVID 19 pandemic.
Throughout this terrible pandemic, staff have continued to show
exemplary dedication, enabling our institution to continue to carry out its
mission.
It is now a matter of simply demonstrating that our institution is able
to recognise these efforts by showing the attention and trust that our staff
more than sufficiently deserves.
Cristiano
SEBASTIANI,
President
OPEN LETTER TO COMMISSIONER JOHANNES HAHN - Access to Italian Covid-19 vaccination campaign for staff (retired and active) and their families based in Italy
Subject : Access to Italian Covid-19 vaccination campaign for staff (retired and active) and their families based in Italy
Dear Commissioner
Hahn,
Since the beginning of
the pandemic, R&D Ispra has contributed and collaborated, in
compliance with its role, in the management of the emergency related to
Covid-19.
We acknowledge that
many positive steps have been taken, thanks also to the suggestions we have
proposed in the various working groups within which we work. However, to date
we must highlight the serious barriers limiting the access to vaccination
against Covid-19 for staff (whether active or retired) of the Ispra site, as
well as their family members. The principal barrier is due to the requirement
of prior registration in the Italian Health System (Tessera Sanitaria) - which
is not allowed for the Commission staff - in order to be able to make an
appointment for the vaccine.
The limitation of the
right to access to the vaccine in accordance with the national rollout schedule
not only results in increased personal risks, but also an increased risk to
public health since it doesn’t guarantee the maximum coverage of the resident
population which is the ultimate goal of the vaccination campaign.
We are grateful for
the enormous work that has already been done, and continues to be done, by the
Ispra site manager, the medical service, and PMO to find ad hoc solutions
together with ATS Insubria (responsible for the public health system in the
zone of the Lombardy Region where the Ispra site is located). Initially, this
concerned small numbers of staff working in the medical service, the child care
facilities, and the Emergency Response and Support Services. A successful ad
hoc system involving a dedicated email/ telephone hotline was then implemented
by ATS Insubria for the over 80s, who we believe have now mostly received at
least one vaccine dose. Just this week a new ad hoc approach for the over 70s and
vulnerable categories has been implemented. Unfortunately, this is an overly
complicated solution involving an email with no confirmation of receipt and
which requires several documents to be attached. Above all, it does not appear
to result in an appointment within a reasonable time. This contrasts extremely
poorly with the user-friendly online portal available to the general population
of Lombardy who receive instant notification of an appointment for vaccination,
which then takes place generally within a week.
The same ad hoc
solution, following the Italian schedule, will be extended to the over 60s (and
from 30th April the over 50s), but, as already highlighted, the procedure is
too complex and it does not give assurance of an appointment within a reasonable
time. We believe this solution is not effective for managing the increasing
number of staff and family members who are now becoming eligible - in theory –
for inclusion in the national vaccination programme, and for which we are
falling ever further behind.
Moreover, there are no
agreements with the other ATS in the Lombardy Region (e.g. Milan), nor indeed
other Italian Regions (e.g. Piedmont) in which a significant part of our staff
reside. Furthermore, many retired Commission staff reside throughout Italy,
including those that were previously not connected with the Ispra site – these
will also be facing significant difficulties in obtaining a vaccination
appointment.
We absolutely do not
want any privileged treatment, but demand to be included in the vaccination
campaign of our host country, in accordance with its announced schedules, as
has been assured to us many times by our employer. We would furthermore ask
that you remind our host country that we are not only here as guests, but also
live and work here by right, and that we demand to be treated with due respect
and not as an inconvenience. The many
statements of principle made by the European Commission and the Italian
Government must now be followed by the immediate implementation of simple,
timely and equitable procedures.
Below we propose some
simple and quickly applicable solutions, some already in place in various other
Italian regions:
1. The ATS allows appointments to be
made using the online portal that need only the tax number (codice fiscale) (as
is currently possible in other Italian regions, for example Emilia Romagna);
2. The Italian Authorities immediately
allow the Ispra medical service to become operational as a vaccination centre
for staff and family members as per the recently approved Italian legislation.
We note that the Ispra medical service has already proposed itself to the
authorities and has the technical capabilities in place;
3. Assignment by the ATS of a
provisional health card number for use in the online portal used for
vaccination reservations.
We are increasingly
aware every day that passes the growing discomfort and frustration of our
colleagues who do not see a clear implementations of their right to be
vaccinated. If solutions, such as those outlined above, are not implemented
with immediate effect we will feel that our patience and understanding to date
has not been rewarded - R&D Ispra
will give full and whole-hearted support to any colleagues who:
- despite being within an eligible
age category, are not provided with a vaccination appointment, and
- need to perform a period of
telework from abroad in order to obtain the Covid-19 vaccine in the country of
origin, in accordance with its national rollout schedule, and with the
justifiable motivation: Covid-19 vaccination not available in the host country.
Unfortunately, this
solution cannot be applied to those Italian colleagues without links to Regions
that do not require the national health number for a vaccination appointment,
so we would expect some imaginative solution, for example, a temporary transfer
to Brussels for vaccination by the medical service in accordance with Belgian
rollout schedule.
We note in closing
that as already foreseen by us, the impossibility to be registered in the
national health system does have real impact on staff based in Italy and a
permanent solution guaranteeing access for all Italy-based staff, independently
of nationality, needs to be put in place as soon as the immediate crisis is
resolved.
As always, we put all
our collective experience and abilities at your disposal in order to fully
cooperate with your services.
Yours Sincerely,
Gianfranco Selvagio Salvatore
Tirendi Laura Ciafrè Elena
Stringa
President Vice-President Political
Secretary Vice-Political
Secretary
Cc : Ms
U. von der Leyen, President of the European Commission
Ms S. Kyriakides, Commissioner
for Health and Food Safety
Ms G. Ingestad, Director-General
HR
Mr S. Quest,
Director-General JRC
Mr M. Stroosnijder, Site Manager
JRC
Mr I. Lombardi, Head of Unit
HR.D.5 (JRC Medical Service)
Ms I. Baltmane, Head of Unit PMO.6
Mr A. Katsogiannis, President Central
Staff Committee
All Ispra-based staff
R&D -Next training sessions on CBT for EPSO competitions
TRAININGS FOR EPSO COMPETITIONS PRESELECTION TESTS
For the preparation of the first step of EPSO competitions, PRESELECTION TESTS, R&D and its team of trainers whose experience speaks for itself offer preparatory sessions in English.
DATES FOR YOUR DIARY!
The training sessions will be held between : 5 and 12 May 2021 ONLINE
They cover the specificities of the first phase of the competitions: Verbal, Abstract, and Numerical Reasoning.
|
Training in English |
|||
|
Date |
Time |
Training |
Trainer |
|
05/05/2021 |
17:30-19:30 |
General Intro + Verbal Reasoning |
Frederic Maillet |
|
07/05/2021 |
17:30-19:30 |
Abstract Reasoning |
Frederic Maillet |
|
10/05/2021 |
17:30-19:30 |
Numerical Reasoning 1 |
Frederic Maillet |
|
12/05/2021 |
17:30-19:30 |
Numerical Reasoning 2 |
Frederic Maillet |
TO REGISTER…
We invite you to register for the training sessions that interest you by sending a mail to : JRC-RD-ISPRA@ec.europa.eu
Our trainings are FREE for R&D members, members of their family and those who wish to join us.
If you are not yet a member and wish to benefit from our trainings and other services, we will be glad to welcome you.
For this purpose please send us the completed and signed membership form
( Become an R&D Ispra member ) and a proof of payment of the membership fee to:
Upon receipt of these documents we will be glad to register you for the courses.
For those who are already our members, please mention your status as already being a member of our Union when submitting your request for the training sessions. The deadline for the registrations is the 3rd of May !
We thank you for your confidence.
Your R&D Ispra Team
E-conference - 20 April - "Teleworking & The right to disconnect"
In order to prepare the future negotiations on teleworking and the right to disconnect R&D invites you to the e-conference
The
right to disconnect
A fundamental right to protect workers’
health
Tuesday April 20 at 12h-13h30
with
Alex Agius Saliba
MEP and rapporteur of the decision concerning recommendations to
the Commission on the right to disconnect“We are in a situation where legislation
was drafted at a time when digitalisation was not as significant in our lives…
The
culture of being “always on” and the growing
expectation
that workers should be reachable at any time can negatively affect work-life
balance, physical and
mental health, and well -being."
On January 21, the European Parliament
(EP) adopted the resolution concerning recommendations to the Commission on the
right to disconnect ( 2019/2181(INL) ) since, to date, there is no legislation on this subject.
With this resolution, the EP wants to
protect the fundamental right of workers to disconnect and not to be available
after office hours.
R&D was the first Union to demand the Right
to Disconnect in order to preserve the health of the staff during this health
crisis (see: our actions, Le Renard Déchaîné ). We are receiving more and more complaints
from colleagues who find themselves overworked by their service, no longer
being able to preserve their privacy and finding themselves on the verge of
professional burnout and / or plagued by health issues such as musculoskeletal
problems..
The right to disconnect:
a
fundamental right also for the European Commission!
If you wish to participate, please click
on the voting button YES /NO attached to this invitation
and do not forget to save the dates in
your Outlook calendar.
For joining the e-conference click
on this link:
Should you have any questions, please contact OSP-RD@ec.europa.eu
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