Q: I only have six years to make the most of my contract, I don’t have time to join an association.
A: That is understandable. However, as a contract agent 3b you belong to the category of staff most exposed to discrimination and uncertainty due to the fixed-term nature of your contract.
Furthermore, there are no real prospects for career progression during those six years. A contract agent in Function Group IV entering at grade 13 will perform the same duties and receive the same salary throughout the entire contract, with no possibility of reclassification.
In addition, eligibility for an EU retirement pension requires at least 10 years of effective service within EU institutions or agencies affiliated with the pension scheme. Given the fixed-term nature of your contract, you would therefore not be entitled to such a pension.
Time constraints are a valid concern. However, by joining and supporting an association that promotes the concerns of contract agents, you can make your voice heard and help defend our collective interests and rights.
Q: I need to focus on preparing for internal and external competitions.
A: Competitions can indeed offer opportunities for long-term career prospects within the institutions. However, several important factors should be considered:
- While EPSO intends to publish a number of external competitions this year, the number of candidates actually recruited from reserve lists is likely to remain limited compared to the actual number of applicants. The most blatant example is that more than 170 000 people have applied to the AD5 Graduate competition, while the number of successful candidates sought is only 1490;
- As a contract agent 3b, you have likely already passed a selection test comparable in difficulty to an EPSO competition (especially if you passed the CAST before March 2023, when the competency section was still included). In that sense, you have already demonstrated your ability to succeed;
- Contract agents must complete at least three years of service within their institution before being eligible for internal competitions. This requirement does not apply to other categories of staff and effectively delays career progression by three years. For contract agents 3b, this reduces the time available to apply for internal competitions to three years or less before the end of the contract;
- The Staff Regulations stipulate that the total number of candidates who are contractual agents and are assigned to vacant posts under internal competitions may never exceed 5% of the total annual number of appointments to those function groups. This additional restriction further limits and delays the transition to official status for contract agents;
- Overall, contract agents are systematically excluded from most internal competitions, despite performing duties comparable to those of other staff categories.
Q: I can always apply for a 3a post in an Agency or in a Delegation.
A: Applying for 3a posts is indeed an option, but several limitations should be taken into account:
- The ongoing reorganisation of EU delegations has already led to cuts in posts in Finance and Contracts sections, and further reductions cannot be ruled out;
- As a contract agent 3b, you do not have access to the rotation mechanism and can only apply for a limited number of posts outside it. This significantly reduces the number of available 3a positions in delegations that you can apply for;
- Contract agents 3a in agencies are not eligible for internal competitions, which further restricts opportunities for career advancement;
- Article 85 of the Staff Regulations provides that the term of a 3a contract may last between a minimum of nine months and a maximum of five years, renewable once for no more than five years. Each subsequent renewal results in permanent employment. The maximum period of employment as a 3a is, therefore, fixed at ten years with the sanction of conversion of the relationship into a permanent one. Para. 1(2) specifies, however, that any period of employment as a 3b does not count towards the maximum period as a CA 3a. The precarious employment of a contract agent may thus last as long as sixteen years, cumulating successive tenures in both subcategories of staff.
Q: I am concerned that joining an association could affect my reputation in my current role or future applications.
A: Article 17a(1) of the Staff Regulations explicitly guarantees staff members the right to freedom of expression, provided that the principles of loyalty and impartiality are respected.
You may also refer to the European Commission’s guidance on freedom of expression for further clarification.
Q: I knew the conditions of my employment were when I signed the contract, so why complaining now?
A: The conditions of employment of contract agents 3b are based on a number of discriminations that are not supported by objective evidence.
For example, contract agents often perform the same tasks as other staff categories, including officials and temporary agents, and in some cases even tasks of higher responsibility.
This equivalence also applies between contract agents 3a and 3b, making the difference in contract duration not justified.
Moreover, officials, temporary agents and contractual agents are subject to the same disciplinary rules. This further supports the argument that their tasks and responsibilities are fundamentally similar, which makes the division between the three categories of staff unjustified.