Complaint against the 2020 annual leave allocations for Expatriate Staff based in EU Delegations
Due to the complete lack of response or political commitment from the HR Commissioner / Administration concerning our request to negotiate the outcome of the on-going appeal in relation to Annex X, Art 6/Annual Leave for Expatriates, we request you once again to introduce an Art.90 Complaint against the 2020 annual leave allocations in SYSPER for Expatriate Staff based in EU Delegations
Staff are obliged to challenge decisions on an annual basis (you must do so even if you joined the 2019 action) in order to benefit from any eventual positive outcome of the on-going appeal in relation to the ECJ case Carreras Sequeros and Others v Commission (T-518/16) concerning Article 6 of Annex X to the Staff Regulations
We are therefore making a complaint form available to you online which will enable you to send us your personal mandate and your personal data that our lawyers require in order to prepare and submit a claim on your behalf.
To permit the lawyers to respect the deadline for the submission of your complaint, you must send us your personal data by completing the online form by Sunday 5th of January 2020 by 24:00 Brussels time.
In 2014, during the last reform of the Staff Regulations, all unions belonging to the European Union institutions jointly established a platform to help EU staff challenge in the European Union Court, the measures that had been adopted by the Legislator with regard to annual leave, pensions, career, annual travel allocation, home leave as well as the salary adjustment method in 2011 and 2012.
On 4 December 2018, the General Court issued a first judgment, in which it declared Article 6 of Annex X to the Staff Regulations, illegal. This article had reduced the number of annual leave days from 42 to 24 for staff posted in a third country (Judgment Francisco Carreras Sequeros and Others v European Commission (Case T-518/16).
The Court underlined that every worker's right to annual leave is a highly significant principle under EU social law whose purpose is to improve the living and working conditions of staff, allowing them to rest, have a period of relaxation and recreation so as to protect their safety and health.
Implications of this judgement
While awaiting the details of how the on-going appeal against the initial judgement will be finally applied to the six claimants, all staff must challenge the length of their annual leave as fixed under Article 6 and pursuant to the provision recently declared illegal by the Court.
With this in mind, a complaint template has been prepared by the lawyers who were successful in court and is being made available to you so that you too can challenge the duration of your annual leave in 2020. Please note that your complaint claim must be introduced within three months from the entry into force of your updated computerized personal file on 1st January 2020.
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