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Document 61981CJ0225

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Keywords
Summary

Keywords

1 . OFFICIALS - CONDITIONS OF EMPLOYMENT OF OTHER SERVANTS OF THE EUROPEAN COMMUNITIES - TEMPORARY STAFF - AUXILIARY STAFF - DIFFERENCE - WHETHER OR NOT POST IS PERMANENT - PRECARIOUS NATURE OF CONTRACTS FOR THE EMPLOYMENT OF AUXILIARY STAFF

( CONDITIONS OF EMPLOYMENT OF OTHER SERVANTS OF THE EUROPEAN COMMUNITIES , ARTS 2 AND 3 )

2.OFFICIALS - PENSIONS - CALCULATION OF YEARS OF PENSIONABLE SERVICE - INCLUSION OF PERIODS OF SERVICE COMPLETED AS A MEMBER OF THE AUXILIARY STAFF - CONDITIONS - ONUS OF PROOF

( STAFF REGULATIONS OF OFFICIALS , ANNEX VIII , ART . 3 ( C ); CONDITIONS OF EMPLOYMENT OF OTHER SERVANTS OF THE EUROPEAN COMMUNITIES , ART . 2 ( A ) AND ( B ))

Summary

1 . THE DIFFERENCE BETWEEN AUXILIARY STAFF AND TEMPORARY STAFF LIES IN THE FACT THAT A MEMBER OF THE TEMPORARY STAFF FILLS A PERMANENT POST INCLUDED IN THE LIST OF POSTS WHEREAS , EXCEPT IN THE CASE OF A TEMPORARY REPLACEMENT OF AN OFFICIAL , A MEMBER OF THE AUXILIARY STAFF PERFORMS ADMINISTRATIVE WORK WITHOUT BEING ASSIGNED TO A POST INCLUDED IN THE LISTS OF POSTS .

AN IMPORTANT CHARACTERISTIC OF A CONTRACT FOR THE EMPLOYMENT OF AUXILIARY STAFF IS ITS PRECARIOUSNESS IN TIME , SINCE IT CAN BE USED ONLY TO EFFECT A TEMPORARY REPLACEMENT OR TO ALLOW THE PERFORMANCE OF ADMINISTRATIVE DUTIES WHICH ARE OF A TRANSITORY NATURE , WHICH FILL AN UR- GENT NEED OR WHICH ARE NOT CLEARLY DEFINED .

2.A PERIOD OF SERVICE WHICH AN OFFICIAL HAS COMPLETED IN THE CAPACITY OF A MEMBER OF THE AUXILIARY STAFF BEFORE HIS APPOINTMENT MUST BE REGARDED , FOR THE PURPOSES OF THE COMMUNITY PENSION SCHEME , AS A PERIOD OF SERVICE COMPLETED IN THE CAPACITY OF A MEMBER OF THE TEMPORARY STAFF IF THE PERSON CONCERNED IS ABLE TO PROVE THAT DURING THAT PERIOD HE PERFORMED WELL-DEFINED PERMANENT COMMUNITY PUBLIC SERVICE DUTIES FOR WHICH POSTS WERE GENERALLY AVAILABLE IN THE LIST OF POSTS APPENDED TO THE SECTION OF THE BUDGET RELATING TO THE INSTITUTION EMPLOYING HIM .

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