FINANCIAL ASSISTANCE
REQUEST FOR FINANCIAL SUPPORT FOR POST-CONSULTATION LEGAL ASSISTANCE
Who is eligible?
Only union members may apply for financial support. The act adversely affecting you must have taken place AFTER the membership took effect.
Non-members are not eligible for support and do not have access to our lawyers’ preferential rates (whether for advice or legal assistance).
Who makes the decision, and according to what criteria?
The final decision to grant financial support in legal matters is the responsibility of the USB executive committee. Their decision is based on the relevance and interest of the case, the chances of success of the action, its effects and repercussions on staff or a category of staff, and whether or not case law has been established in the matter.
Assumptions and levels of possible financial support
1) Support for a claim under Article 90 (a prerequisite for any legal action under statutory law)
USB intervention, if approved, is always limited to €3,000.
a) For members (more than 6 months of membership at the date of the act adversely affecting you) :
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- The member’s contribution is equal to 1 year of membership dues.
- USB reimburses the member up to a maximum of €3,000.
b) For new members (less than 6 months of membership at the date of the act adversely affecting you) :
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- The member’s contribution is 60% of total costs
- USB reimburses its members up to 40% of the final invoice, up to a maximum of €3,000.
c) no assistance for non-members (join the union!)
2) Support for legal action
The USB’s intervention in appeals before the Court of First Instance, the Court of Justice of the European Union or the ILO Administrative Tribunal is always limited to €10,000, and is in principle only possible for legal actions following a rejected Article 90 which has been financially supported by the USB.
- The USB asks for an initial contribution from its members corresponding to the equivalent of 10 annual subscriptions,
- and then USB will contribute according to a ceiling determined by grade and/or category:
- AC, AST/SC et AST to AST4 : 10,000 €
- from AST5/AD5 to AD12 : 7,000 €
- Above AD12 : 5,000 €
- Amounts exceeding this sum are the responsibility of the member.
In some cases, USB may also decide to pay for the entire legal action if it is part of a union strategy approved by USB’s decision-making committees.
What happens if you win your appeal?
If the upholding of your appeal enables you to receive back-payments, you should reimburse Union Syndicale for the actual costs of your legal assistance, up to a ceiling equivalent to 50% of the back‑payments received.
This arrangement enables us to extend our support to a larger number of members and therefore to make more effective use of our financial resources derived from members’ subscriptions.
What happens if you lose your appeal?
USB will only intervene in appeal proceedings if our lawyers expressly recommend it on grounds of public interest. In such a case, the procedure and conditions are the same as for a new appeal.
What if you win your appeal but the institution files a further appeal?
If the institution against which you have successfully appealed decides to file a further appeal, we cover the costs of the further appeal proceedings on the same conditions as for your appeal.
What if you wish to withdraw a claim or appeal?
It is of course possible that, in the course of the procedure, it may be appropriate to withdraw an appeal. This is a decision you must take in agreement with your lawyer and USB. On the other hand, if you decide of your own accord to withdraw a claim or appeal, we will ask you to reimburse us for any costs we have incurred in the course of the proceedings.
3) Other hypotheses: Support for a request for assistance (art. 24 of the Staff Regulations) or in the event of being called into question by the Appointing Authority, by OLAF, by a colleague, etc…
One of our USB representatives can help you find out how to respond to a challenge. If necessary, he or she can accompany you to any interviews you may be called upon to attend. If necessary, we can also ask one of our lawyers to accompany you.
Given the diversity of situations that may arise, the financial terms of USB assistance are decided by the Executive Committee on a case-by-case basis. As a general rule, the conditions will be the same as for requests and claims.
It is therefore essential that you contact the USB secretariat at your institution as soon as possible, and submit a written request for assistance (e.g. by e-mail).
Invoice settlement
Invoices are paid by the member. USB transfers the amount of financial assistance granted to its member by bank transfer. On request, a deposit of €2,000 can be sent at the start of the case.
Union Syndicale Bruxelles (USB) cannot be held responsible for a member’s failure to pay his or her lawyer. Furthermore, the member undertakes not to involve the USB in any dispute with the lawyer resulting from non-payment of the latter’s invoices.
ATTENTION
Legal assistance is an act of solidarity. Financial support is neither automatic nor unlimited, and is subject to analysis and prior decision by the USB bodies (either the Executive Committee or your Section and the Bureau) according to a certain number of rules and criteria.
Do not delay. In an emergency, the lawyer is entitled to charge higher rates. USB will not reimburse you for the extra costs incurred as a result of the emergency.
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The legal financial aid system described above comes into effect on February 1, 2025 and applies to all requests for support made after that date.
Legal support already granted under the old system remains valid under the conditions defined before January 1, 2025.
