Archive:Public employment - Slovakia

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<Introduction: simple language, not too long, kind of executive summary>

Regional and administrative organisation

Introduction

Slovakia has been an independent parliamentary democracy since 1994, and has been a member of the European Union since 2004. It has a population of over 5 million inhabitants and a surface area of 49,000 square kilometres.

System of government

The President of Republic is elected directly by means of popular vote, with representative powers.

The Parliament is a single chamber (National Council of the Slovak Republic) made up of 150 members with a mandate of 4 years. True Executive Power lies with the Prime Minister, appointed by the President. The Government comprises the Prime Minister, the Vice-President and Ministers who may be subject to an individual vote of confidence by the Parliament, to which the Government is accountable. Main functions of the Government include: preparation of the state budget, government regulations, drafting and implementation of foreign policy, draft bills, etc.

Regional Organization

Slovakia is divided into 4 administrative divisions, 8 Regions, 79 Districts and 2,865 Municipalities. The regions and municipalities are self-government units. They have political and administrative autonomy. They are competent e. g. in matters of highways, education, hospitals and cultural facilities. They are organised by means of an Assembly and a President directly elected by popular vote. The municipalities are made up of a directly elected Assembly and Mayor, and deal with matters such as the environment, housing or water supply, etc.

However, there are two levels of the government administration at the local level:

First level is the regional level – this is e. g. the case of safety at work and labour inspection, environmental protection, road transportation, etc.

Second level is divided into two sublevels – district offices (e. g. environment, land) and county offices (an area of a county office usually covers several districts)

Public Employment structure

Regulation: The 2009 Civil Service Act contains a specific regulation for civil servants. It affects around 36,000 civil servants (0.74% of the total population) of the State Administration (including both central and local level) The Police Force, Customs Officers, Armed Forces, freely appointed positions, politicians and members of the Parliament and Government fall under the scope of different legal regulations.

The second basic group of the employees carrying out the duties of the public services covers the 2003 Act on work performed in public interest. It affects over 400,000 employees (19% of the active population) including local and regional self- government.

The 2001 Labour Code applies on the two abovementioned categories of public employees differently. Due to more specific regulation in the Civil Service Act, its scope is narrower in the case of civil servants.

According to the Civil Service Act, there are two types of civil service employment – permanent or temporary.

The work of public employees is regulated in the aforementioned Labour Code and, more specifically in the 2003 Act on work performed in public interest, which stipulates that public employees shall be those working in institutions linked to the state budget, municipalities, state foundations, state educational and health institutions, etc. and other public institutions.

Civil Service

Clasification of public functions

a) On the specific of activity:

general public functions;

special public functions.

b) On the necessary level of studies to exercise the public function:

class I (four years or more licensed university studies);

class II (short term licensed university studies);

class III (licensed secondary school studies).

c) On the administrative level of public institutions:

central public functions;

territorial public functions;

local public functions.

d) On the level of powers and attributions:

public functions corresponding to senior (high) civil servants;

management public functions;

execution public functions.

Execution public functions are structured in professional grades as follow: superior, as maximum level;

principal;

assistant;

beginner.

The three superior professional grades are structured in three levels.

Recruitment

The system of recruitment is based on contest which consists in three steps:

- selection of candidates, which must fulfil the conditions asked for each public function;

- written test;

- interview.

Promotion

Civil servants are entitled to level, grade or class promotion.

They are the subject to an annual evaluation. They receive marks: ”very good”, “good”, “satisfactory”, “unsatisfactory”.

Level promotion is made every two year, at the recommendation of the department leader where the civil servant works if he obtained at his last annual evaluation at least the mark “good”. Exceptionally, the term can be reduced at one year at the recommendation of the chief of the institution where the civil servant works.

Grade promotion is made by contest or exam and the conditions are:

• have at least four years seniority in the grade from which the civil servant promote;

• have at least two years seniority in the level from which the civil servant promote;

• have at least the mark “good” at the last two annual evaluation;

• not have in the administrative record an indelible disciplinary sanction under the Law 188/1999 on the Civil Servants’ Statute.

Class promotion is made when the civil servant obtain a new diploma necessary for the public function in which he promote.

There is a system of fast promotion and the supplementary conditions are:

• have the mark “very good” at the last annual evaluation;

• had at least one form of professional training in the last year.

Civil Service Management Body: The National Agency for Civil Servants acts as a specialised institution in central administration with its own legal status, managing the Civil Service and civil servants.

Statistics: Total Population: 21,700,000; Civil Servants: 178,000; Percentage of female civil servants: 68.93%.

Rights, obligations, principles and values

Liberty of Expression: Civil servants are entitled to freely express their opinion.

Discrimination: Any kind of discrimination against civil servants for political, union membership, religion, nationality, sex, wealth, social origin, or any other such grounds is forbidden.

Right to Unionization: The right to form and join a union is guaranteed within the limits set out by law. Civil Servants may join professional or any other organizations concerned with the representation of their own interests, fostering professional training or defending their rights. Senior (high) civil servants or civil servants with the authorising officer quality are not allowed to have at the same time leadership positions in a union.

Right to Strike: Civil servants may exercise this right but they must ensure the continuity and efficiency of the public service.

Obligations: Civil servants must carry out their duties with professionalism, impartiality and according to the Law, refraining from any action that might cause damage to individuals or legal persons or to the Civil Servants Body. They must also refrain from expressing or manifesting their political beliefs while exercising their functions. They cannot hold leadership positions in political parties. Senior (high) civil servants are not allowed to be members of a political party.

Civil servants must act under the hierarchical principle rules. If they consider their superiors’ orders to be obviously illegal, civil servants can refuse to obey these orders. In these cases, civil servants must communicate their refusal in writing.

Professional Confidentiality: Civil servants must not reveal information considered as state secrets or those derived from their work in accordance with the provisions established by law. They must keep any facts or information confidential to which they have access during the performance of their duties, except the cases when the free access to information is regulated.

Bribery: Civil servants may not accept or ask for presents or any other benefits directly or indirectly for themselves or for other persons during the performance of their duties.

Asset Declaration: Civil servants must publicly declare their personal assets upon appointment and on leaving their post in accordance with the provisions set out by law. This public statement is updated annually, according to the law.

Incompatibilities: Public service is incompatible with other activity, except teaching, scientific research, literary and artistic creative or other areas of private sector activity, which is directly or indirectly connected with the duties performed under the job description as civil servant.

Political Services: All civil servants, except those employed within the Ministries concerning national defence, security and public order may be appointed to hold a political office. While exercising this new position, they are suspended from the civil service position they hold, although they maintain the class, grade and level obtained. On termination of the office, the public organization in which the civil servant previously worked must offer him/her the position held prior to his/her appointment or another equivalent position. The length of the political office is counted for seniority purposes in the civil service.

Working Hours: The normal working hours for civil servants are 8 hours a day and 40 hours a week. Overtime outside the normal working hours under the orders of the superior should be recovered or paid with an addition of 75% applied on basic salary. The number of overtime hours paid cannot exceed 360 a year. Overtime on legal holidays is paid with an addition of 100% applied on basic salary.

Leave. Civil servants are entitled to paid leave, sick leave and others stipulated by law. During sick leave, maternity, educational and childcare leave, working conditions cannot be modified unless the civil servant concerned decides otherwise.

Safety and Hygiene: Public institutions are obliged to provide civil servants with appropriate hygiene conditions so as to protect their health and physical integrity.

Mobility on Health Grounds: For health reasons, civil servants may change departments if he/she meets the requirements in order to carry out the new job, maintaining the class and level already held.

Right to State Benefits: Civil servants are entitled to medical care, prostheses and medications, retirement pension and other social security rights in accordance with the stipulations set out by law.

Training: Civil servants have the right and obligation to permanently improve their skills and training. Authorities and public institutions are obliged to provide in their annual budget the amounts to cover costs of professional training of civil servants. Civil servants who undertake professional training, whose term is over 90 days in a calendar year, in the country or abroad, financed from the state budget or local budgets, are required to engage in writing to work in public administration from 2 to 5 years.

Remuneration

The remuneration system is established by law, on the basis of the following principles:

a) unity, meaning that covers all categories of staff salaries in the budgetary sector, taking into account the rights of some salaries established by special laws;

b) supremacy of law, meaning that the salaries are established only by legal rules with the force of a law;

c) taking into account of all salary rights legally acquired before the Law of uniform payroll of personnel paid from public funds (1st of January 2010);

d) equity and consistency, by creating equal opportunities and equal pay for work of equal value, based on uniform principles and rules on the establishment and provision of salary and other salary rights for the personnel working in the budgetary sector;

e) financial sustainability, by establishing salary increases based on annual special laws, so that the share of budgetary personnel’s salary costs in GDP to gradually move to a sustainable level.

Remuneration is made up of a basic salary, long service allowance, bonuses and other salary rights, according to the law.

Social dialogue and system of representation

Every year, the public authorities and institutions conclude, according to the law, agreements with the representative unions on improving working conditions, health and safety at work, working hours, professional training and other measures regarding the safety of people holding leadership positions in unions.

In the public authorities and institutions joint committees are constituted within an equal number of representatives appointed by the leader of the public authority or institution and representatives appointed by the union.

Joint committees are consulted in the following situations:

a) at the establishment of the activity improvement measures of public authorities and institutions;

b) at the establishment of any measures regarding professional training, if the cost of the training is covered from budgetary funds;

c) at the establishment of working hours;

d) other situations stipulated by the law. Joint committees permanently monitor the fulfilment of agreements between the public authorities and institutions and the unions.

Joint committees issue advisory opinions.

For contract employees, public authorities and institutions conclude collective labour contracts.

Senior high civil servants

There are 311 Senior (High) Civil Servants in Romania. The Senior (High) Civil Service comprises officials such as Secretary-Generals, Deputy Secretary-Generals, Prefects, Sub-prefects and Government Inspector from Central Administration and Prefectures.

Assessments take place annually for specific appraisals and biannually for a general evaluation of professional knowledge, abilities and aptitudes required to occupy a SCS position.

The special training programme is provided by the National Agency for Civil Servants (NACS). Participants may choose between two specialisations: Modern Governance and Local Development and European Public Business Management. The NACS has introduced a new Leadership specialization. (Summary Table).

Recent Reforms and Prospects

Romania has recently reformed the pay system for civil servants and all personnel paid from budgetary funds by adopting the Law of uniform payroll of personnel paid from public funds (operating since the 1st of January 2010).

Publications

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Main tables

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Database

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