scholarly journals Application of audi alteram partem rule on salary deduction & benefits

2018 ◽  
Vol 8 (3) ◽  
pp. 61-69
Author(s):  
Hlako Choma ◽  
Tshegofatso Kgarabjang

n the case of Public Servants Association obo Olufunmilayi Itunu Ubogu v Head of Department of Health, Gauteng and Others (2018) the Constitutional Court found that the provisions of the Public Service Act of 1994 which empowered the state to unilaterally deduct moneys that was onerously paid to the salaries of employees was unconstitutional. The state was empowered by section 38(2)(b)(i) of the Public Services Act of 1994 which does not require a consent of employees as and when the employer is deducting some money from the salary of the employee. The Constitutional Court held that section 38(2)(b)(i) gives the state unrestrained power to determine instalment without an agreement with an employee. The court also found that section 38(2)(b)(i) permits the state takes law into its own hands and become a judge of its own case. On this basis, this section did not pass constitutional muster. This article will critically analyse the decision in Public Servants Association obo Olufunmilayi Itunu Ubogu v Head of Department of Health, Gauteng and Others in view of the application and interpretation of the principle audi alteram partem rule on salary deduction and benefits of public servants.

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Jorge Armando López-Lemus

Purpose The purpose of this paper is to identify the influence exerted by a quality management system (QMS) under ISO 9001: 2015 on the quality of public services organizations in Mexico. Design/methodology/approach The methodological design was quantitative, explanatory, observational and transversal, for which a sample of 461 public servants from the state of Guanajuato, Mexico was obtained. To test the hypotheses, a structural equation model (SEM) was developed through the statistical software Amos v.21. For the analysis of the data, software SPSS v.21 was used. Regarding the goodness and adjustment indices of the SEM (χ2 = 720.09, df = 320, CFI = 0.933, TLI = 0.926 and RMSEA = 0.05) which, therefore, proved to be acceptable. Findings According to the results obtained through the SEM model, the QMS under ISO 9001: 2015 is positively and significantly influenced tangible aspects (β1 = 0.79, p < 0.01), reliability (β2 = 0.90, p < 0.01), related to response quality (β3 = 0.93, p < 0.01), guarantees (β4 = 0.91, p < 0.01) and empathy (β5 = 0.88, p < 0.01) of the quality related to public services in Mexico. The study’s key contribution is that it discovered that implementing a QMS in accordance with the ISO 9001: 2015 standard has an impact on the quality of public services, with the most influential quality of response. Similarly, the assurance and dependability of service quality turned out to be important in providing public service quality. Research limitations/implications In this paper, the QMS was only evaluated as a variable that intervenes in the process of obtaining quality in public service under the ISO 9001 standard in its 2015 version. In this regard, the results’ trustworthiness is limited to the extent that the findings may be generalized in the state of Guanajuato, Mexico’s public service. As a result, the scientific community is left primarily focused on service quality to promote new future research. Practical implications The ISO 9001: 2015 standard’s QMS is one of the tools for success in both the commercial and government sectors. However, there are practical limitations, which focus on the time during which managers exercise their vision in the public sector: first, the dynamics that managers play in public policy; second, the length of time they have served in public office; and third, the interest of directors of public institutions to improve the quality of service provided by the government. Other practical consequences concern organizational culture and identity, public servant commitment, senior management or secretaries of government, as well as work and training. Originality/value The findings of this paper are important and valuable because they foster knowledge generation in the public sector through the ISO 9000 quality area. A model that permits the adoption and implementation of a QMS based on the ISO 9001: 2015 standard in public organizations that seek to provide quality in their services offered to the user is also presented to the literature. Similarly, the paper is important because there is currently insufficient research focusing on the variables examined in the context of public service in Mexico.


Author(s):  
Oksana Polna

The article focuses on the formulation of an urgent comprehensive scientific thought on the anti-corruption value of the administrative and legal restriction of the closely affiliated persons’ collaboration in the justice system of Ukraine. It is a justified restriction of the citizens’ rights to access professional public service in the justice system, provided by national administrative legislation, to continue public service and to exercise a career in this system, by preventing the conclusion of a service contract, blocking the promotion of persons, if this predetermines about direct subordination to a closely affiliated person; termination of official legal relations with persons who are in a relationship of direct subordination to a closely affiliated person. It is noted that the general anti-corruption essence of the restriction under consideration is manifested in the fact that this restriction appears as a «personnel barrier» for increasing corruption risks in the justice system due to the implementation of personnel policy, as well as a “personnel instrument” for correcting situations when a violation of the corresponding restrictions takes place. Considering the concept and essence of limiting the collaboration of closely affiliated persons in the justice system, the author proves that the anti-corruption value of such a limitation is that it: while restricting the joint work of closely affiliated persons in the justice system, makes it impossible for nepotism as a separate manifestation of corruption to arise in this system; is a real barrier that reduces the dynamics of the spread of corruption and limits its scale (primarily, in the form of nepotism) in the system of public administration subjects in Ukraine in general and in the justice system in particular; contributes to increasing the authority of judges, professional public service in general and the level of respect and trust of society in the judiciary, the state, as well as reducing legal nihilism in society; maximizes positive incentives for lawful behavior of citizens in general and professional public servants in the justice system, in particular; is the actual result of a public demand for a decrease in the level of tolerance to corruption in the public administration system in general and in justice system, in particular. In the conclusions to the article, it is noted that non-compliance with the administrative and legal restrictions on the collaboration of closely affiliated persons in the justice system creates a situation in which the public service bodies in this system are filled with close persons, who may enter into a corruption conspiracy to use the common good and public interest in their own (personal) interests, which is unacceptable because it distorts the purpose of the existence of the state in general and the judicial power, in particular. Keywords: administrative and legal restrictions, anti-corruption value, corruption in the justice system, joint work of closely affiliated persons, justice system, personnel barrier, personnel tool.


2021 ◽  
Vol 29 (2) ◽  
pp. 24
Author(s):  
Pangeran Teguh Anugrah ◽  
Abdul Kadir ◽  
Pin Pin

District is part of the government organization that is closest to dealing directly with the community and spearheading the success of regional development, especially in Medan, where the District will be seen directly in planning and controlling development and services, and a reflection of good governance in Medan. The objectives of this study are as follows: (i) to describe the Good Governance implementation in the District, especially in the District of Medan Helvetia, (ii) to analyze the factors that support and inhibit the implementation in the District, especially in the District of Medan Helvetia.The form of descriptive research using a qualitative approach, this research was conducted in the District of Medan Helvetia. The informants consisted of key informants, namely the Head of District and their apparatus as many as 4 people who were determined purposively and the Main informant namely the community who were taken accidentally as many as 20 people at the time of the study. Primary data comes from interviews and secondary data from literature studies and other written documents. After the data and information needed has been collected, the researcher then sifts through the data and information into the research indicators that have been determined. After the data and information are grouped, the researcher then presents the data and analyzes the data qualitatively.Research Results: The good governance implementation in Medan Helvetia District Office refers to the Decree of the District of Medan Helvetia number 138/19-17/SK-MH/IX/2015 on Standard Operating Procedures (SOP) in Medan Helvetia District Environment. In general, the implementation analysis as follows: (i) Standards and Policy Objectives: public servants have attempted to achieve the public service goals they have set, (ii) Resources: human resources and support resources or facilities, researchers see still shortcomings, (iii) Inter-Organizational Relations: inter-organizational relationships implemented in Medan Helvetia  District are good, (iv) Characteristics of the Implementing Agent: the characteristics of the existing implementing agent can already be applied by the implementor of public services in both the public service in Medan Helvetia district, (v) Social, Political, and Economic Conditions: on the variable social, economic and political conditions, the implementors of public services in providing public services do not discriminate between each other, (vi) Implementor Disposition: the attitude given by the implementor of public services is friendly and courteous when providing public services. Supporting factors are cooperation with stakeholders, commitment of the head district (Camat), and the economic potential of the region and opportunities of private CSR, while the Inhibitor Factors are Lack of community participation, lack of human resources apparatus, lack of funds and some damaged road and drainage infrastructure.


2019 ◽  
Vol 7 (11) ◽  
pp. 5-14
Author(s):  
С. М. Серьогін ◽  
Н. Г. Сорокіна ◽  
О. М. Шеломовська

The article is devoted to the study of the motivation of the civil servants and local government officials’work. The concept of the motivation was revealed. The elements of moral and psychological methods ofthe motivation were analyzed. The importance of material and immaterial stimulation in public service wasexplained. The main motives and peculiarities of stimulation of a public servant in the modern conditionsof public service development in Ukraine were studied on the basis of empirical data. In particular, ithas been found out that the main motive for joining the public service is a stable salary and the desire ofpublic servants to work for the benefit of the state and society. So, mercantile aspirations in financial termsdominate - stable payment for work, as well as patriotic, valuable, moral and ethical desire to work forthe benefit of the state are in the minds of the citizens. The results of the study show that the prestige ofpublic service remains quite low. The main problems which negatively influence the image of the publicservice and make it unattractive to the public are high staff turnover, incomplete implementation of socialguarantees, poor financial support, and partial satisfaction of the basic needs of public servants, whichreduce the effectiveness of public administration in Ukraine.It is determined that the main way to increase the efficiency of public servants and in general publicadministration is to develop effective methods of the motivation and the stimulation, both economic andnon-economic. It was proven, that effective motivation in the public service depends to a large extent notonly on its filling of highly qualified personnel and efficiency, but also on trust and respect of the population.


2021 ◽  
Vol 9 (207) ◽  
pp. 1-31
Author(s):  
Bruna Serafim Teixeira

The motivation for the public service of civil servants is an essential factor for the pursuit of public ends with a view to guaranteeing social welfare, the ultimate objective of the State. In this context, public servants are inserted as guarantors of this purpose, and the motivating factors and those that generate dissatisfaction must be constantly analyzed by the decisionmaking managers of the Administration bodies. Based on the study by Perry (1996), adapted for the Brazilian scenario in an unprecedented study carried out by Moraes (2017), the Public Service Motivation (PSM) scale was used to measure the motivation for the public service of the civil servants of the social security agency of the State of São Paulo, as well as analyzing, by the quantitative method, motivating factors, as well as causes of dissatisfaction, relevant to the provision of public service. It was found that factors such as salary and difficulty in career progression are causes that, in addition to generating dissatisfaction, are capable of affecting motivation, which prevails among civil servants at the beginning of their careers and in technical positions, with less autonomy, responsibility and education level. In this sense, it is necessary to adopt measures capable of supplying or minimizing such effects in order to increase the levels of motivation and satisfaction for the public service, which are able to increase the effectiveness and productivity in the provision of the public service. Measures such as a fairer and more attractive career progression plan, greater autonomy and power to participate in decision-making can favor this scenario.


2018 ◽  
Vol 3 (2) ◽  
Author(s):  
Aduwina Pakeh

This paper aims to explain the alternative strategies that can be done by the Village Head (Keuchik) as public servants, especially those related to the service of population administration. Public services should continue to be improved and involve recipients of services. The problem is in the service process, in addition to the quality is still low, the public as recipients of services rarely included. The methods used in this study are qualitative and secondary data. It is found that there are at least two strategies that can be done in order to improve the service and public participation, such as the Citizen Charter and the application of information and communication technology. Based on these findings, Keuchik as public servant is expected to implement both strategies in providing and improving public services. Keywords: village, strategy, village head, public service, participation


10.4335/68 ◽  
2009 ◽  
Vol 7 (1) ◽  
pp. 83-105
Author(s):  
Milan Železnik

The prescribed procedure for entering into a public-private partnership, which is the research subject in this paper, is extremely complex and long-lasting because in addition to the umbrella Public-Private Partnership Act, the public partner must observe also the regulations governing the commercial public services, public procurement, public finance and disposal of the physical assets of the state, regions and municipalities. Due to a great number of regulations that need to be observed upon entering into a public-private partnership, in a given case, the public partner has to judge whether or not it is more economical and appropriate to carry out his intention to finance investments in infrastructure or to carry out public service activities in a different manner either by granting an architectural right or by selling physical assets, or by public procurement and not by entering into a public-private partnership. KEYWORDS: • local self-government • public service • public-private partnership • Slovenia


Author(s):  
Farhad Rahmanov ◽  
Elchin Suleymanov ◽  
Khayala Ibrahimova

The rapid development of the Internet technologies and the continuous increase in the usage area, increase the service quality and speed by utilizing the internet technologies in some of the public services provided. Most of the public services are now provided as electron in developed countries. The concept of state management through innovation methods, the importance of e-government structure in increasing the speed of the state provided by the state is increasing every day, Azerbaijan is also one of the fastest developing countries as it is an internet infrastructure and its population is highly effective on the internet and other innovative technologies. Particularly, some of the oil revenues coming to the country are spent on modernization of modern technologies. The aim of this study is to examine the effects of innovation and e-government applications in the field of public administration in Azerbaijan over the last decade and its impact on public service quality. Developments in recent years in terms of increasing the quality of public service in Azerbaijan, ASAN service, E Signature, ASAN Signature, Electronic tax system and other innovations in the field of public service have constituted the subject of the research and at the end of the study proposals have been made to increase the efficiency of the system.


2021 ◽  
Author(s):  
Ljubiša Dabić ◽  

The subject of research is state audit as a public service - state audit and types, its main subjects and object. In the central part of the paper, the public service is conceptually defined, and then the similarities and differences between the state audit service and other types of services are highlighted. Among other things, it was stated that the state audit has certain characteristics, properties and specifics, which arise from the nature of its activities. In essence, those characteristics are its attributes. The aim of this paper is to determine the characteristics, properties and specifics of state audit as a public service and its distinction, primarily from other types of public services. Its purpose is to determine the specifics of the state audit. The results obtained in the research should serve scientific and applied purposes.


Author(s):  
Harius Eko Saputro

Service is the main task of the state apparatus. The scope of services and public services covered broad aspects of community life. This task has been clearly outlined in the preamble of the 1945 Constitution that is in the fourth paragraph. In practice, public services in Indonesia have not been going well. The provision of public services by government officials to the public is actually an implication of the state apparatus functions as a public servant. Therefore, the position of the government apparatus in public services is very strategic because it will determine the extent to which the government is able to provide the best possible service to the community, which thus will determine the extent to which the state has to perform its role properly in accordance with the purpose of founding. The indicator of public services quality are punctuality, ease of filing, the accuracy of error-free services, and service charges. It is highly influenced by the organizational structure, the ability of the apparatus and service systems. Keywords: Public, Service, Quality


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