Archive:Public employment - Slovenia

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

Regional and administrative organisation

Introduction

Slovenia is a parliamentary democratic republic that obtained its independence in 1991. The present Constitution of the Republic of Slovenia was adopted on 23. December 1991, following the results of a plebiscite on the sovereignty and independence of Slovenia on 23. December 1990, when Slovenes overwhelmingly voted for independence. It has a total surface area of 20,300 square kilometres and a population of over 2 million inhabitants.

State Organisation

The President of the Republic of Slovenia. The President of the Republic represents the Republic of Slovenia and is the commander-in-chief of its armed forces. The President calls general elections, promulgates laws, nominates candidates for Prime Minister to the National Assembly following talks with the leaders of deputy groups, candidates for judges of the Constitutional Court and members of the Court of Audit, appoints and recalls ambassadors, accepts the credentials of foreign diplomats, grants clemencies, etc. The President has no influence over the composition of the government, which is the task of the Prime Minister and the National Assembly. The President of the Republic is elected for a five-year term in direct general elections by secret ballot. A President may serve a maximum of two consecutive terms.

The Parliament, comprising of the National Assembly and the National Council, has asymmetric duality, as the Chambers do not have equal powers. The National Assembly has ninety members (one representative for each of the Hungarian and Italian minorities) elected for 4 years. The National Assembly The National Assembly of the Republic of Slovenia is the supreme representative and legislative institution, exercising legislative and electoral powers as well as control over the Executive and the Judiciary. It adopts constitutional amendments, laws, national programmes, resolutions, etc. It also creates its own internal regulations, adopts the state budget, ratifies treaties and calls referendums.

As an electoral body, the National Assembly appoints and dismisses the Prime Minister and Ministers, the President of the National Assembly and up to three Vice-Presidents. On the recommendation of the President, it also appoints the judges of the Constitutional Court and other judges, the Governor of the Bank of Slovenia, Ombudsman, etc. In comparison with other dual-chamber systems, the power to vote in the Lower Chamber is exercised in a wide range of issues, whilst the Upper Chamber has more restricted powers. The supervisory function of the National Assembly includes the creation of parliamentary investigation committees, votes of confidence and constitutional proceedings against the President, Prime Minister or Ministers.

The composition of the National Council reflects the principle of corporate representation. It consists of 40 members. It is the constitutional representative of social, economic, professional and local interest groups and can be considered as the upper house of the Slovenian parliament. The council has 22 representatives of local interests, six representatives of non-commercial activities, four representatives of employers, four of employees and four representatives of farmers, crafts, trades and independent professionals. It is not elected directly by the population, but meant to represent different interest groups in the country. The councillors are elected for a five year term. It may propose laws to the National Assembly and plays a consultative role, although it reviews the decisions of the National Assembly in legislative matters (postponing veto).

The Government The Government of the Republic of Slovenia is a body with executive power and the highest body of the state administration. It determines, guides, and coordinates the implementation of state policies in accordance with the Constitution and with laws and other general acts passed by the National Assembly. As the highest body of the state administration, it passes regulations and adopts legal, political, economic, financial, organisational and similar measures for regulating areas within the state`s jurisdiction. Its function in the area of legislative initiatives includes proposing laws to be passed by the National Assembly, the state budget, national programmes and other acts with which political directions for individual areas within the state`s competence are determined. With regard to the EU, the Government represents the Republic of Slovenia and makes submissions to EU institutions. The Government functions as a cabinet led by a Prime Minister. It consists of the Prime Minister and ministers. The number of ministers is not determined by law, only the area of activities, and each government coalition decides on the number according to its needs and political goals. At the time there are 14 Ministers and 3 Ministers without office.

The Prime Minister-elect is nominated to the National Assembly by the President of the Republic. The Prime Minister-elect then puts forward nominations for the Government, and ministerial candidates are required to present themselves to the relevant Committees in the National Assembly, which then vote on their suitability. The National Assembly then approves the ministers by a simple majority.

Regional Organization

Slovenia has a long tradition of regionalism and self-government. Pursuant to the Law on Self-Government, the municipality (with more than 5,000 inhabitants, as urban municipalities must have 20,000 inhabitants) is considered as the base for local selfgovernment. New municipalities are established by law, following a prior referendum of the inhabitants. There are currently a total of 210 municipalities, 11 of which have urban status.

Among other questions, municipalities are responsible for: economic development, territorial organization, construction, local public services, infant and primary education and local roads. The municipality consists of a Mayor (directly elected by inhabitants), a Municipal Council (highest authority in the municipality) and a Supervisory Committee (controlling public expenditure and municipal assets). In 2006, the Constitution was reformed to create Provinces or Regions. This process is not complete yet and is envisaged that the regions may be the same as those considered for community statistical purposes (NUTS 3), with environmental, economic, social and cultural development and infrastructure competencies.

Public Administration

Slovenia’s system of public administration is based on the legislation in force. In Slovenia, all the employees for whom the Wage system Act defines salaries - included are teachers, doctors, employees in central and local governmental bodies, in Public Agencies, Public Institutes and Funds, which means around 158.000 employees – are employees in Public Sector (civil servants). Among them there are around 35.000 civil servants in the Central Public Administration, which consists of Ministries, Bodies within ministries, Governmental offices and Administrative units. The Civil Servants Act which entered into the force in 2003, defines civil servants in central and local governmental bodies into officials (they do the public tasks) and the professional-technical workers (they perform the supporting tasks). Also the Top Menagers, Soldiers and Police force are civil servants in Slovenia. Ministries are led by a Minister, who is politically appointed, like the State Secretaries.

Public Employment Structure

Legal Basis: The main regulations on public employment are: Civil Servants Act (CSA), Employment Relationships Act, Wage System Act. The CSA represents the most important legal ground for the civil servants system in Slovenia. It regulates the common principles and other common issues related to the civil servants system; governs the civil servants’ system, establishes human resource management, the annual interview, performance assessment and training and education programmes for civil servants. The first part of the CSA which regulates the common principles, is valid for all civil servants in Public Sector, the second part of CSA is, on the other hand, valid only for the civil servants in the state bodies and in local administration. According to the Constitution of Republic of Slovenia, employment in the state administration is possible only on the basis of open competition, except in cases provided by law. The system, among other principles, contains the principle of equal accessibility to ensure equal access to any work post for interested candidates under the same conditions. The chosen candidat has to have the best competences.

The Slovenian public administration respects the principles of legality and legal safety, political neutrality and professional independence, openness and user orientation, expertise and quality, compatibility, rationality and efficiency.

Public Employment Managing Body: The Ministry for Public Administration is responsible for the centralized management of all policies related to Central Public Administration. The Ministry of Public Administration performs tasks in the following areas: the organisation of public administration and staff; the public sector salaries system; e-government and administrative processes; investments, real estate and joint state administration services; and the coordination and guidance of local administrative units. Special attention is devoted in all the above areas to: strategic development, analysis and quality in public administration, public relations and the promotion of new solutions, and international relations.

Rights, Obligations, Principles And Values

The Civil Servants Act defines the principles, values, rights and obligations of public employees which include: principle of equal access, legality, professionalism, honourable conduct, non-acceptance of gifts, confidentiality, responsibility for results, diligence in the performance and protection of professional interests. In the year 2001 The Government of Republic of Slovenia accepted Code of conduct for civil servants, valid for the public officials and high ranking civil servants as well. Besides this Code of conduct there are also the Codes of conduct for the particular professions and fields of work (Code of conduct for nurses). CSA also provides the legal foundation for the Decree on the limitations and duties imposed upon public servants with respect to receiving gifts, adopted in 2003. CSA in Article 100 defines activities and work that is not compatible with the work of civil servants and public officials and also defines the sanctions for breaking this rules. The article 100 CSA defines that officials may not perform other activities, if the activity violates the prohibition of competition or the competition clause pursuant to the law governing employment; if the performance of activity might affect the impartiality of the performance of work; if the performance of activity might result in the abuse of data accessible at the performance of the tasks at work, that are not accessible to the public and if the performance of activity is harmful to the reputation of the body. The restrictions under this Article shall not apply to activities relating to scientific and educational work, work in associations and organisations in the field of culture, art, sport, humanitarian activities and other similar associations and organisations, work in the area of journalism, and to membership and activities in political parties.

Officials holding the positions of director-general, secretary-general, the principal of Body within Ministry, the principal of a Government Office, the principal of Administrative Unit and the director of municipal administration (municipal secretary), may not perform any profitable activities with the exception of activities in the field of science, research, education, art, journalism and culture. Legal entities in which officials under the preceding paragraph, or their spouses, their lineal relatives or their collateral relatives three times removed, hold a share exceeding 20 per cent, may not enter business relations with bodies in which officials work. Contracts concluded contrary to the provision of this Article shall be null and void.

The working week for Slovenian civil servants is 40 hours. Paid annual holidays are minimum of 4 weeks. Maternity leave is one year. There is also special leave for parents with children between the ages of 3 and 6, to reduce their working day to between 4 and 7 hours instead of the normal 8 hours.

Career-Based System - Training

On-going training is both a right and an obligation for civil service employees. They must dedicate at least 5 days a year to their training, the organization of which is decentralized in each administrative unit. Each civil servant, including managers, has the obligation to enhance his/her skills and qualifications in accordance with requirements specified at the beginning of each year (a yearly plan of educational activities) in conjunction with the Human Resources Office and after consultation with the direct superior.

Remuneration

Civil servants: On appointment, the civil servant is notified of his/her salary structure. This normally comprises of two parts: a fixed part (the basic salary “tariff” and some bonuses) and a variable part (personal bonuses).The basic monthly salary “tariff” is determined in accordance with the salary class and scale. The salary class (of which there are 11) depends on the character of the tasks performed. It is originally determined by the Civil Service Act and (on the yearly basis) by a Government decree. The salary class may be raised by up to 32 percent due to the length of the service.

In case a civil servant performs tasks that are exceptionally important, he/she may be temporarily granted a specific salary. The law does not regulate the maximum of the salary, but it is naturally a matter of available financial resources.

Public Employees: As for workers carrying out duties in the public interest (public servants), their remuneration comprises of a fixed part (basic salary or “tariff”) and a variable part. The system is not unified. There is a particular salary class division for intellectual workers (12 salary classes) and for “blue collar” workers (7 salary classes). The basic 12 - salary class division varies according to the different types of public employees (education, health, etc). The salary category is not the same as for civil servants, there are 12 categories linked to seniority. Similarly to the civil service, the variable part may include e. g. personal bonuses, supplements for the performance of management tasks, additional payment linked to the retirement age another type of supplement such as risk, night service, overtime, or compensation for working on Saturdays, Sundays or Public Holidays. A specific salary may be granted temporarily is case of performing exceptionally important duties.

Social Dialogue And System Of Representation

Collective bargaining for civil servants and “public servants” (employees performing duties in public interest) is partially unified.

Civil service: The social dialog takes place on two levels. The law stipulates the scope of the collective bargaining.

Collective agreement signed yearly at the central level btw. the government and the trade unions is relevant to all civil servants who fall under the Civil Service Act. Main benefits that may result from the social dialog are as follows:

• increase of the salary tariffs,

• reduction of working hours,

• longer holiday,

• higher retirement bonus and

• higher compensation for an early termination of employment.

The law also stipulates the scope of the social dialog at the company (civil service office) level.

Besides, a civil service office is obliged to pre-discuss the measures being prepared and affecting the working conditions of the civil servants. Trade unions are authorised to control generally the status of the safety and health protection at the place where is the civil service performed.

In those offices in which there is no trade union organization, civil servants may be represented by a “Personnel Council” or a “Union Delegate”.

Public Service: similarly to the civil service, the collective bargaining may be carried out in a centralized or decentralized manner.. The employers’ platform is represented by those representatives that are authorised by the Government, Ministries, Regions, Municipalities, etc. The spectrum of subjects that may be negotiated in collective bargaining is wider (when compared to the civil service) due to different legal framework.. However, the top outcomes of the central social dialog are usually very similar to those granted to the civil servants. Better working conditions can be negotiated in decentralized bargaining than in centralized bargaining.

Procedure for the Resolution of Conflicts

The regulations for the resolution of conflicts for civil servants and public employees are similar to those of the private sector. In the case of conflict in subjects under negotiation, both parties may appoint a mediator by mutual agreement. If the mediation process is not successful, a specific process in front of a arbitrator may follow (this is based on a request of the social dialog parties). An arbitrator’s decision stands for (partially of fully) the collective agreement. This decision may be a subject to an appeal to a court. Strike and lockout may follow as the most expressive consequences.

Senior Civil Servants

The term Senior Civil Servant” does not have a formal status in Slovakia, but there are some special conditions for management positions. (Summary Table)

For permanent positions (most cases), a recruitment procedure is required, which is not necessary a rule in the case of the most of the temporary positions. Management of the civil servants is the responsibility of the immediate superior. In Slovakia, no special training programmes for senior officers are provided at centralized level. However, it is common that civil service offices provide them the possibility to fit their education plan with their particular needs.

The basic salary “tariff” of senior civil servants is linked to performance appraisal, and collective bargaining agreements. The management bonus depends on the level of the management position (and ranges from 5.5% to 90% of the basic salary “tariff”).

Recent Reforms and Prospects

As mentioned above, the new Civil service act was put in force in 2009.

The main changes introduced by the new piece of legislations are as follows:

• abolishment of the employment based on an administrative decision – instead, there is a service contract btw. a civil servant and a civil service office;

• broader and more flexible legal framework for the professional education of the civil servants;

• stronger protection of the civil servant status (employment stability); • broader independency for the civil service offices regarding the personal policies;

• tele-work and home office work;

• broader scope for the social dialog;

• abolishment of the system based on the yearly performance assessment connected to the financial evaluation of the civil servants.

Publications

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Database

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