EULEX Kosovo: contracted staff

News
USB

For a number of years Union Syndicale Bruxelles has represented staff from CSDP missions, in particular EULEX Kosovo, and we have now a significant number of members in EULEX who are contracted staff. Our long-term objective was and continues to be the integration of all CSDP mission international contracted staff under the EU Staff Regulations and Conditions of Employment of Other Servants. This is our aim, as we have advice from legal experts that the current contracts of international contracted staff are in breach of your rights as a citizen of a member state of the European Union.

The European Court of Justice (more precisely the General Court of the European Union) is competent for all disputes concerning the contracts. The latest contract contains no provision regarding the applicable law. We are advised that there is enough evidence of the fact that the real employer is the EU to claim the application of Belgian law.

Your Rights under Belgian law

*All working relationships that continue after two fixed term periods are deemed to be for an indefinite duration
*The employer has the legal obligation to enroll you in a social security scheme giving you rights to medical care, unemployment benefits and an old age pension
*In case of dismissal, breaking an indefinite duration contract means that the employer has to give you a notice period as calculated by Belgian employment law practices

What does EULEX say

*Your contract ends at the date stipulated therein without any right to proper notice, compensation or severance, regardless of the length of your service
*There is no obligation to provide you with Social Security, or any type of Social Welfare, including unemployment benefits and old age pension

What is Union Syndicale doing about this

*We have already launched a number of legal cases to help former colleagues to get the compensation they are entitled to following their dismissal
*Union Syndicale will again insist on discussions and negotiations with EULEX Mission and with Brussels in order to defend all staff
*New legal actions will most probably be necessary in the future

Will Union Syndicale support all redundant staff

*NO. Our rules prescribe that we can only provide legal support to colleagues who have been a member for at least six months at the time of the dismissal or contested act. Full or partial financial support is always subject to a decision of our Executive Committee, and any future decision will therefore be limited to those members who will have been member for at least six months.

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