scholarly journals El procedimiento de negociación y aprobación de los acuerdos colectivos en la función pública

Author(s):  
Joan MAURI MAJÓS

Laburpena: Funtzionarioen lan-baldintzak zehazten dituen hitzarmen kolektiboaren teoria propioa eraikitzeko lehen hurbilketa izan nahi du aurkeztu dugun lan honek. Negoziatzeko prozedura aztertzen du, asmo onez negoziatzeko eginbeharra bete beharrekoa dela oinarri hartuta; negoziazio-mahaian erabakiak hartzeko araubideak zehazten ditu; eta negoziazio-mahaiaren hitzarmenaren azken baldintza finkatzen saiatzen da, hitzarmen hori ez lortzeak eragin ditzakeen ondorioak aztertuta. Halaber, dagokion gobernu-organoak negoziazio-mahaian eskuratutako hitzarmenen berariazko onarpen formalari eman behar zaion irismena ere aztertzen du, hitzarmen bat ez onartzeak izan ditzakeen ondorioak azpimarratuta eta gobernu-organoak onartutakoaren izaera juridikoan sakonduta. Azkenik, funtzionarioen Estatutuko iturri-sisteman duen posizio berezia aipatzen du. Resumen: Nuestro trabajo pretende ser una primera contribución a la construcción de una teoría del acuerdo colectivo en la función pública y se centra básicamente en su procedimiento de elaboración y aprobación. En él se aporta un enfoque actualizado de lo que puede ser el procedimiento de negociación, el régimen de adopción de acuerdos y la naturaleza del acuerdo adoptado en una mesa de negociación analizando a la vez las consecuencias derivadas de la no obtención de dicho acuerdo en la correspondiente unidad de negociación. También se pretende examinar el alcance que ha de darse a la aprobación expresa y formal de los acuerdos obtenidos en una mesa de negociación producida por los correspondientes órganos de gobierno, profundizando en los posibles efectos de su falta de aprobación y en los resultados jurídicos de los que hayan sido aprobados, concluyendo con un apunte final sobre la particular posición de dichos acuerdos en el sistema de fuentes del Estatuto de los funcionarios. Abstract: Our work aims to be a first contribution to the construction of a theory of collective agreement in the civil service and focuses basically on its procedure of elaboration and approval. It provides an updated approach to what may be the negotiation procedure, the regime for the adoption of agreements and the nature of the agreement adopted at a negotiating table, while analyzing the consequences of not obtaining said agreement in the corresponding bargaining unit. It is also intended to examine the scope to be given for the express and formal approval of the agreements obtained at a negotiating table produced by the corresponding governing bodies, elaborating on the possible effects of their lack of approval and the legal results of those that have been approved, concluding with a final note on the particular position of said agreements in the system of sources of the Civil Servants Statute.

2020 ◽  
Vol 22 (5) ◽  
pp. 98-118
Author(s):  
ALYM K. ANNAMURADOV ◽  
◽  
OVEZDURDY B. MUKHAMMETBERDIEV ◽  
MURAD O. HAITOV ◽  
◽  
...  

The article examines the formation of the statehood of modern Turkmenistan through the prism of historical changes that have occurred in the post-Soviet countries. It is noted that after 1991 all former republics of the USSR built new independent states on a fundamentally different basis – interaction between government and society. The authors emphasize that the establishment of trust between the state as an institution and citizens is possible under certain conditions, among which a special place is occupied by a clear organization of civil service and the professionalism of civil servants. The measures that have already been implemented and are being taken by the leadership of Turkmenistan at the present time to solve these problems are considered. It is noted that Turkmenistan acts within the framework and in accordance with the key world-class standards regarding the requirements for the organization of civil service. The measures taken in the country to combat corruption are analyzed.


2009 ◽  
Vol 75 (3) ◽  
pp. 493-507 ◽  
Author(s):  
Sandra Groeneveld

This article focuses upon gender differences in the satisfaction with career opportunities of civil servants in the Netherlands. Women have become better represented at all levels in the Dutch civil service in recent years, but they are still underrepresented in the higher level positions. Nevertheless, women are slightly more satisfied with their career opportunities than men are and they seem to be increasingly so. Their relatively positive evaluation of extrinsic aspects of their work situation is one of the explanations of this finding, as is their higher intrinsic work motivation compared to that of men. It is suggested that the career orientations and aspirations of women better fit the changing context of career formation in the Dutch civil service and the accompanying new psychological contract. Points for practitioners The Dutch civil service has set ambitious targets with respect to the representation of women at all levels in the service, but insight into the determinants of women’s careers in the public sector is still very scarce. The findings in this article show that there are gender differences in the weighting of intrinsic and extrinsic aspects of the work in evaluating one’s career opportunities. Besides, the article may assist human resource management practitioners in anticipating the impact of changing career trajectories on the career satisfaction of male and female civil servants.


2021 ◽  
pp. 434-442
Author(s):  
A.Ya. Petrov

On the basis of the analysis of Art. 11 of the Labour Code of the Russian Federation, Federal Law of July 27, 2004 No. 79-FZ “On the State Civil Service of the Russian Federation” and judicial practice, topical legal issues of the official discipline of State civil servants are considered.


Author(s):  
Olena Hladunova ◽  

In this scientific article the main elements of game theory are analyzed, the achievements of domestic and foreign scientists devoted to the consideration of such theory are investigated. The expediency of involving in the practical activity of the civil service in the system of judicial authorities effective methods used in the field of business and consisting in the use of game technologies, which have proven their effectiveness in terms of providing quality services. It is focused on the fact that game theory can play a key role in the decision-making process, however, it is important to strictly adhere to the limits of its application. Possible conflict situations in the work of civil servants of the justice system are formulated and it is investigated that in conflict conditions each so-called participant of the game makes his course, i.e. chooses his strategy, as a result of which the relevant conflict situation is outlined and a set of strategies of all players. Some examples of the use of elements of game theory are given and the content of certain types of strategies is revealed. In particular, a strategy is described, which is denoted by the term "screening". Taking into account the definition of ways to modernize the civil service, the need to include in standardized training programs for civil servants of the justice system category "B" training course, which will include the basic principles of game theory for their active use in conflict, skills to compromise in relationships with visitors to the court - recipients of court services, selection of the right strategy, consideration of theoretical and game modeling of personnel management tasks, focusing on the ability to obtain and timely provide the necessary information to create a new civil service in the judiciary that meets international standards.


2018 ◽  
Vol 86 (3) ◽  
pp. 463-478 ◽  
Author(s):  
David Aubin ◽  
Marleen Brans

In a context of the rising importance of ministerial advisers, this article provides empirical evidence about the nature of involvement of civil servants in policy work. Based on a survey of graduated civil servants in francophone Belgium, it shows that civil servants are much involved in policy work even in a politico-administrative system characterised by strong ministerial cabinets. Belgian francophone civil servants are ‘incidental advisors’. They are less process generalists than issue specialists who mostly deal with policy implementation. Their policy advisory style oscillates between ‘rational technician’ and ‘client advisor’. Despite a low institutionalisation of policy advice in the civil service, civil servants significantly serve the ministers in the policy formulation (for harmonization) phase, supplying information and analysis and participating to the writing of policy-related texts. Points for practitioners The francophone Belgian case shows the importance of policy tasks conducted by civil servants. It also provides evidence about the importance of in-house policy-analytical capacity as it shows that civil servants primarily rely on internal information sources and consultation when involved in policy formulation.


2020 ◽  
Author(s):  
Nicolai Dose ◽  
Felix Wolfes ◽  
Carolin Burmester

With the federalism reform of 2006, the German federal states gained legislative power over their civil servants. This did not only lead to a substantial difference in pay levels but also to fragmented civil service regulations with different degrees of attractiveness. Requests to move to another state have created various problems in the different areas of the civil service. They are partly caused by the fragmented regulations and partly by an informal agreement between the states. By making use of an online survey among human resource managers in the different areas of public administration and 32 case studies of civil servants who either aspire to move to or have moved to another state, this book systematically identifies and analyses civil servants’ motivations for and hindrances to doing so. In this way, it reveals both obstructive and conducive factors which explain mobility. Moreover, the authors put forward some reform proposals.


Author(s):  
Nurgissa KUSHEROV

The article highlights the problems of deep intergenerational transformation in the civil service of the Republic of Kazakhstan over the past decade, offers a new approach to public administration in accordance with the theory of generations, formulating solutions based on the value of each generation. At the same time, frequent staff turnover, self-determination of civil servants, efficiency of civil service and other issues are analyzed in accordance with the concepts of the theory of generations. The article developed empirical recommendations that will serve as the basis for improving some functions of the civil service.


2007 ◽  
Vol 79 (9) ◽  
pp. 194-209
Author(s):  
Zoran Bašić

In this article, the motives and explanations for making The Code of Conduct for employees in the administration of Autonomous Province of Vojvodina and proposals for content of that code, in form of theses, are given in six parts. In the first part common considerations on the characteristics of ethical rules are layed out. In the second one, the basic reasons and purpose for codification and implementation of ethical rules for employees in provincial administration are given. The third one contains considerations on the subject the codification of ethical rules is aimed at and on the process of internalization of those rules. In the fourth one, the content of ethical rules is proposed, related to the regulation of behavior of civil servants and relationships in provincial administration regarding the development of human resources and insurance of the personal integrity of civil servants, as well as establishing rules relating to the relationship to the work in civil service and to the civil service, to mutual relationships between civil servants and their relationships to citizens and to the publicity. In the fifth part the content of ethical rules regarding the relationships of civil servants to corruption behaviour is proposed. The sixth part contains the reasons and basic guidelines for making and implementing The Code of conduct for employees in provincial administration.


2021 ◽  
Vol 3 (4) ◽  
pp. 175-188
Author(s):  
Abgasi Emmanuela Obianuju ◽  
Arachie Augustine ◽  
Onyekwelu NJideka Phina

Stagnation of employees in organizations especially in the civil service in developing countries is an existential issue, that is a potential determinant of intent to quit and actual turnover. Hence, the need to specifically determine the relationship between structural career plateauing (SCP) and turnover intentions of civil servants in South-East Nigeria. Herzberg’s Motivation-Hygiene Theory was used in anchoring the work. The study adopted a survey research design with a population of 2318 civil servants working in the selected States Secretariats. A sample of 328 was arrived at through the application of Krejcie and Morgan sample size determination formula. The instrument for data collection was a structured questionnaire, whose reliability was ascertained using Cronbach Alpha statistics, with a coefficient of .872. The analysis of data was done using a combination of descriptive statistics and inferential statistics. The result indicated that SCP was significant in predicting turnover intentions (R-Squared = 0.916679; p-value = 0.0000< 0.05). The study concluded that turnover intention is a phenomenon that is influenced by SCP, as plateauing of employees increase, so also does the intention of the employees to quit. Sequel to this, among others, it was recommended that heads of civil service need to ensure that there is equity, fairness and consistency in the promotion of workers, to avoid a feeling of inequity and injustice, which might make the workers less committed and more inclined to leave.     Keywords: Career Plateauing, Employee Turnover Intentions, Structural Career Plateauing, Content Career Plateauing and Civil Service.


2020 ◽  
Vol 59 (10) ◽  
pp. 98-100
Author(s):  
Samira Eldar Mehraliyeva ◽  

The responsibility of civil servants in public administration in a democratic environment is one of the central issues. The responsibility of civil servants and the grounds and conditions of termination are specified in the Law on Civil Service, which is the main legislative act implementing sectoral regulation, which emphasizes the importance of this issue. The article briefly analyzes the civil service position and civil servant, the legal basis, the concept of responsibility as a legal phenomenon, and the grounds for termination. Key words: civil service position, civil servant, termination, responsibility, restrictions


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