Judgment No. 3376
Decision
The complaint is dismissed.
Summary
The Tribunal dismissed the complaint seeking the opening of an investigation into the lawfulness of the outsourcing of certain services to a private company.
Judgment keywords
Keywords
outsourcing; complaint dismissed
Considerations 2 and 3
Extract:
"The outsourcing of certain services, that is to say the use by an organisation of external contractors to perform tasks that it feels unable to assign to officials hired under its staff regulations, forms part of the general employment policy that an organisation is free to pursue in accordance with its general interests. The Tribunal is not competent to review the advisability or merits of the adoption of such a measure in a specific field of activity (see Judgments 3225, under 6, 3275, under 8, 3041, under 6, 2972, under 7, 2907, under 13, 2510, under 10, 2156, under 8, and 1131, under 5).
An organisation that resorts to subcontractors, be they companies or individuals, must ensure that the contract it signs with them will not have an adverse impact on the situation of officials who are subject to the staff regulations and will not unjustifiably infringe the rights they enjoy under those regulations. The risk of such an infringement is particularly great in the case of long-term contractual outsourcing and in cases where the tasks involved are still partly performed concurrently by regular staff (see Judgment 2919 passim). In such cases the duty of care requires the organisation to provide the staff concerned with adequate information concerning the outsourcing procedures and their possible impact on their professional situation and to prevent any possible adverse impact thereon (see Judgments 2519, under 10, 1756, under 10(b), and 1780, under 6(a)).
It follows from the foregoing and from Article II, paragraph 1, of the Statute of the Tribunal that an official may challenge before the Tribunal the outsourcing of certain tasks only to the extent that such outsourcing has a direct adverse impact on the rights conferred by the official’s terms of appointment."
Reference(s)
Jugement(s) TAOIT: 1131, 1756, 1780, 2156, 2519, 2919, 3041, 3225, 3275
Keywords
duty of care; outsourcing
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