N° 66-2004 / 18.06.2004

Brussels, 14.4.2004
C(2004) 1314

COMMISSION DECISION

on Article 55a and Annex IVa of Staff regulations concerning part-time work

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Staff Regulations of Officials and Conditions of Employment of Other Servants of the European Communities, laid down by Council Regulation (EEC, EURATOM, ECSC) N° 259/68(1) and last amended by Council Regulation N° 723/2004(2) of 22 March 2004 , and in particular Article 55a of the Staff Regulations and Annex IVa thereto,

Whereas the Appointing Authority may lay down detailed rules for the application of the revised part-time work provisions,

HAS DECIDED AS FOLLOWS:

 

Article 1 - General
 

1.1 Any official may seek authorization to work part-time under the conditions laid down in Article 55(a) and in Annex IVa of the Staff Regulations.
 
 

Article 2 - Standard part-time work
 

2.1 Authorization for standard part-time work may be granted for a period of up to three years by applying a percentage of 50, 60, 75, 80 or 90 % to the hours of the normal working week, notwithstanding any applicable flexitime provisions. Standard part-time work shall accordingly be carried out on a weekly basis.
 
2.2 A daily work schedule must be fixed in advance, the number of hours of which may not exceed 8h30.Where this exceeds 5 hours, a minimum half-hour lunch break has to be included in the daily work schedule.
 
 

Article 3 - Special part-time work (time credits)
 

3.1 Part-time may also be authorized in the form of time credits. In that case, the official will be paid as if on half-time work for a period of either one or two months and will be accordingly entitled to take 10 ½ full days or 21 half-days off for each month of half-time remuneration.
 
3.2 Time taken off may not exceed half the working days of a given month.
 
3.3 The total time off taken in the form of time credits per year may not exceed the equivalent of 42 days.
 
 

Article 4 - Procedure
 

4.1 An official wishing to work part-time shall apply for authorization in writing through his superior(s) to the Appointing Authority.
 
4.2 The application for part-time work shall specify the reason for the request, the type of part-time work, the percentage referred to in Article 2, paragraph 2.1, above if applicable, the duration and the daily work schedule.
 
4.3 The superior(s) shall give an opinion on the application before transmitting it to the Appointing Authority.
 
4.4 For standard part-time work, a fixed uniform daily reduction of working hours shall be made. If the official makes a reasoned request to this effect, the Appointing Authority may authorize alternative weekly working hours, provided that this is compatible with the interest of the service. The working week shall not be less than three days and the working hours of any one day shall not be less than three hours.
 
4.5 For special part-time work (time credits) the application shall specify the exact dates of the days or half days off.
 
4.6 The authorization granted by the Appointing Authority shall determine the type of part-time work, its beginning, its duration and the daily work schedule and in the case of special part-time work, the dates of the days or half-days off. The daily work schedule or the alternative weekly working hours shall apply for the whole period for which authorization is granted.

The Appointing Authority shall transmit its decision to the official and inform immediately the official's superiors and the Directorate-General for Personnel and Administration.
 
4.7 Authorization to work part-time may not be refused or postponed where the request relates to the need to care for:
  • a child under nine years of age or
     
  • a child aged between nine and twelve years of age if the reduction of working time sought is no more than 20 % of normal working time or
     
  • a seriously ill or disabled spouse, relative in the ascending line, relative in the descending line, brother or sister.

Where a request to work part-time is made in order to take part in further training or after the official has reached the age of 55, any refusal on postponement shall be based on exceptional circumstances or overriding service-related reasons which shall be clearly specified.
The refusal or postponement decision shall be transmitted by the Appointing Authority to the official and his superior(s), and the Joint Committee on Part-time Work shall be informed.
 

4.8 The Joint Committee on Part-time Work shall examine each refusal or postponement to grant authorization to work part-time. It may request the Appointing Authority to re-examine the case.
 
4.9 Part-time work should be authorized only under exceptional circumstances during an official's probationary period under Article 34 of the Staff Regulations.
 
 

Article 5 - Election or appointment to public office
 

5.1 An official elected or appointed to public office and authorized by the Appointing Authority to discharge his duties on a part-time basis as provided for in article 15 of the Staff Regulations, shall undertake standard part-time work. The Appointing Authority shall determine the percentage of standard weekly hours to be worked. The duration of the authorization shall correspond to the official's term of office.
 
 

Article 6 - Parental leave and family leave
 

6.1 An official on parental leave or on family leave who is taking such leave on a half-time basis shall undertake standard part-time work, the weekly working hours being 50 % of the normal working week.
 
 

Article 7 - Joint Committee on Part-time Work
 

7.1 The Joint Committee on part-time work shall consist of 2 officials appointed by the Director-General for Personnel and Administration or, in the case of officials of the Joint Research Centre, by the Director-General of the Centre, and by 2 officials appointed by the relevant local section of the Staff Committee.
 
7.2 The committee will be presided by one of the officials appointed by the Director-General for Personnel and Administration or, in case of officials of the Joint Research Centre, by one of the officials appointed by the Director-General of the Centre.
 
 

Article 8 - Cancellation of part-time work
 

8.1 Notwithstanding the possibility of requesting a withdrawal of the authorization to work part-time as provided for in Article 2, first paragraph, of Annex IVa of the Staff Regulations, the official may request withdrawal of the authorization with retrospective effect for reasons of sick leave. Such a request may be granted by the Appointing Authority in exceptional cases, taking into account the probable duration of the sick leave, the duration of the part-time work and the fact that the sick leave effectively prevents the official from undertaking the commitments for which he had requested part-time work. In such cases, authorization may be withdrawn with effect from the first day of the month in which the request for withdrawal was addressed to the Appointing Authority. However, where the reason for withdrawal is maternity leave, it may be granted retrospectively for the full duration of this leave if the request was made before the end of the maternity leave.
 
 

Article 9 – Leave entitlements
 

9.1 Annual leave entitlements for an official authorized to work part-time shall be reduced proportionally.
 
 

Article 10 - Entry into force
 

10.1 These rules shall enter into force on 1 May 2004. They repeal and replace the Commission decision on half-time work of 6 February 1973 and the subsequent Administrative Notices of 9 July 1984 and of 23 March 2001.

Done at Brussels, 14.4.2004.

_______________________________
Footnotes
(1) JO L 56 du 4.3.1968
(2) JO L 124, 27.4.2004, p. 1).

 

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   Author: ADMIN B.3