Civil Servants Law
Course type
Study programme and level
Language
slovenščina
Lectures | Seminar | Tutorial | Other forms of study | Individual Work | ECTS |
---|---|---|---|---|---|
30 | 95 | 5 |
Content:
Introductory terms in the field of the civil service system (civil servant, public tasks, tasks of exercising power, pursuit of public interest, official, professional and technical civil servant, official, personnel plan, position, position, title, head, working period, length of service, personnel information system, organization and systematisation of jobs, employer, legal person under public law, state body, administrative body, judicial body, local government body, etc.).
Development of labor and civil service law
Early exploitation of children, workers and industrialization.
Civil regulation of labor relations. Early beginnings of labor law development. The emergence of international labor law. The emergence of national labor codes. Commencement of the exercise of collective rights. Collective agreements. The beginnings of the creation of a special civil service law for civil servants.
Bureaucratic organization and impersonal (functional) relationships in the organization. Max Weber. The post-absolutist state and the development of the idea of democracy and human rights. Transition to a modern service system. People as the most important factor of success in a modern organization. Service law in the independent Republic of Slovenia.
Normative regulation of the system of civil servants in Slovenia. Legal regulation of the status of civil servants in the first Yugoslavia. II. world war and the transition to the period of socialism. Former legal regulation of the position of “employees in state bodies”. Attempts to equalize the legal position of employees in the economy and t.i. “Non-economy” in the time of self-governing socialism. The transition to a new political system in the 1990s and the “renaissance” of public law also in the civil service. New legal regulation. Civil Servants Act and implementing regulations. Social partnership and collective bargaining. Relationship between general labor law and civil service law (subsidiarity, complementarity). Principles of the new service system. Implementing regulations and autonomous regulation of the service system.
System aspects of the service system. Systems theory and the service system. Personal service system as a “system of cooperation between people”. Categories of civil servants: officials and professional and technical civil servants in Slovenia. Some comparison systems: e.g. German (Beamten, Angestellte, Arbeiter), English (civil servants), etc. The position and role of the civil servant in the administrative-political process (the relationship between politics and the profession, the systemic regulation of the civil service system in the modern state). Career systems and job systems (“position systems”). A combination of both systems in the modern country.
Personnel planning. Personnel plans. Act on the organization and systematization of jobs. Integrating personnel and financial planning in the civil service system. Recruitment procedures. Stages of recruitment procedures in public administration. Specifics of the procedure for the highest categories of civil servants. The role of the Council of Officials in the process of hiring the highest categories of officials in the Slovenian official system. Conclusion of an employment contract. Employment for an indefinite period and for a definite period of time.
Rights and obligations of civil servants. Legal procedure until the decision on the rights and obligations of civil servants is final. Board of Appeal. Legal remedies after the finality of the decision on the rights or obligations of a civil servant – court proceedings (protection of rights before the Social and Labor Court and protection of rights before the Administrative Court – administrative dispute). Titles and positions in the service system. Gaining and losing a title. Disciplinary and compensatory liability of civil servants. The right to trade union association. Strike and strike limitation in the public sector.
Assessment and promotion. Basis for evaluation. Basis for advancement. Official evaluation procedure. Horizontal and vertical promotion (promotion in the workplace and promotion to a higher title).
Temporary and permanent transfer of civil servants – personnel mobility in the state administration. Transfer with and without the consent of the civil servant.
Education, training and advanced training of civil servants and professional examinations in administration. Different systems of education or training and advanced training of civil servants depending on the nature of the civil service system (career, position, combined). Special institutions for training and retraining of civil servants and systems without special institutions in this field. Professional exams in public administration.
Termination of employment. Termination of employment contract. Amicable termination of employment. Termination by the employer. Determination of incompetence. Business reason and reorganization. Other reasons for termination of employment.
Public sector wage system. The concept of the pay system. Uniform salary system in the public sector. Salary system for officials and civil servants. Basic salary. Performance allowance. Other accessories.
Wage system reforms.
Comparative service systems in the Member States of the European Union. The concept of comparative law. Comparative service systems. Career-based service systems. Service systems based on a system of positions (posts). Combined service systems (combination of career system and job system). Selected aspects of the comparison between different civil service systems in the Member States of the European Union (selection process, right to organize and strike, right to education, etc.).
The image of civil servants in public.
Stereotypes. Measures for a better image. Better media image. Reforms of the pay system, more flexible remuneration of better employees, greater responsibility of managers. More transparent employment of civil servants. Digitization of public administration.