scholarly journals The Legitimacy of the Public-Sector Employee’s Strike in the Jordanian Legislation: A Study Case

2021 ◽  
Vol 17 (4) ◽  
pp. 35
Author(s):  
Taha Atiyyat

The national and international have endorsed the act of striking as a basic common right that is carte blanche but confined to local laws and regulations. The issue, however, has been an area of controversy; a number of countries have been diverse in their stance in terms of banning such an act or legalize I. Jordan is one of the countries which ban the public-sector employee to strike in order to ensure the public facilities and services necessary fir the citizen’s daily-life activities and needs, noting that this ban in exempted from the private-sector employees in accordance to the labour law. So many legislators have highlighted the right and obligations of the pubic-sector employee, focusing the attention on his right in striking to a great extent that might expose his right to be confined in case of a conflict with the principle of public utility. Over history, many countries have been legitimizing the right of striking for the public-sector employees because of several reasons. First, conducting a strike might be harmful for the stream of public utitlity. In addition, this act represents in a way one of the vital features of the state’s sovereignty. Despite the fact that many countries have joined the international conventions that ensure the public-sector employee, known as public official, in striking, the Jordanian legislator has not exercised this right on real grounds in the space of the employee’s profession, but he has been satisfied with the words that ban employees to strike as documented in the Civil Service Regulations. The legislator considers striking as any illegal conduct resulting in dangerous consequences and disruption in the public utility regularly and steadily. This study will tackle the legitimacy of the public-sector employees in the Jordanian law. The attention will be focused on the Jordanian teachers;’ strike as a study case with reference to the Jordanian Constitution, including the relevant bylaws and regulations, the provisions of Jordanian courts like the Constitutional Court of Jordan and the Supreme Administrative Court of Jordan.

2019 ◽  
Vol 9 (4) ◽  
pp. 231
Author(s):  
Yu-Jie Xu ◽  
Syarifah Mastura B. Syed Abu Bakar ◽  
Waqas Ali

The main objective of this study is to investigate the role of public service motivation, organization value and reward on performance of public sector employee in the Henan, China. Data is collected from adopted instrument from earlier studies. The researcher has collected data from 396 respondents by using online survey and self-administrative collection method. For analysis of data, SPSS and SmartPLS software were used. It has been concluded that role of organization values does not have a relationship with the performance of employees. The public service motivation and reward expectation plays an important role in employee job performance. The researcher found that earlier researchers’ assumption, the non-monetary benefits in public sector job least important are not valid in context of China Public sector employees. This research concludes that the employees who are working in public sector always look for both monetary and non-monetary benefits.


2017 ◽  
Vol 46 (2) ◽  
pp. 144-169 ◽  
Author(s):  
Ping Zhang

There have been many studies on the differences between the public and private sectors; yet, these studies often do not address differences within the public sector. This article investigates the impacts of the private sector experience on the employment of different categories of public employees: public budgeting and finance (PBF) employees, professionals, and managers. It also compares the different impacts among mixed categories of PBF professionals, non-PBF professionals, PBF managers, and non-PBF managers. The results suggest that the private sector experience increases the likelihood of a public sector employee being in a PBF or professional position, while it decreases the propensity of a public sector employee to be in a managerial position. Moreover, while private sector experience negatively correlates with public employees’ job satisfaction, the results are not significant for PBF employees and professionals, and the negative effects are much higher for non-PBF employees and nonprofessionals.


2017 ◽  
Vol 6 (2) ◽  
pp. 100-115 ◽  
Author(s):  
Bagga Bjerge ◽  
Toke Bjerregaard

Purpose In many public sector reform processes, employees’ roles as professional experts are shifting toward more entrepreneurial and market-oriented roles, a change that entails a shift in the demands made of these employees. The purpose of this paper is to investigate the reflections, considerations, and experiences of such employees regarding the spaces of possibility open to them in which to act in accordance with this new role. Design/methodology/approach Two ethnographic studies were carried out in drug and alcohol treatment services and in city and business development in the Danish welfare system. Findings Although the areas of investigation are not related in their daily practices, the authors trace similar responses to the demands made of their respective employees as their role shifts from that of professional experts to include more entrepreneurial aspects. The authors observe that employees are often eager to align new demands and practices, and the authors identify various challenges in respect of the structural public set-up of these services, which often leaves the employees to operate in what could be described as a “twilight zone” between the public and the private. Originality/value While scholars often have accounted for situations where such pluralistic roles create conflict, the authors also answer calls to capture moments of synergy where tensions of role paradox are constructively exploited. In this process of ongoing production, images of hierarchy and bureaucracy, rather than merely casting shadows over more bottom-up process of entrepreneurship, are actively used, alongside images of entrepreneurship, in the mutual construction of different roles and the constantly shifting relationality between them, conflicting or synergetic. The definitions and interpretations of the role of the public sector employee are not entirely fixed, but rather subject to ongoing (re)construction in the daily workings of public organizations.


2005 ◽  
Vol 21 (3-4) ◽  
pp. 699-713
Author(s):  
Joseph Frossard

This paper describes the limitations on the constitutional right to strike that apply to public employees in France. While recognizing the right to strike for all salaried workers, whether employed in the private or public sector, the Preamble to the 1946 Constitution, incorporated by reference into the present Constitution, allows for limitations being imposed on that right by statute. Indeed, specific legislation has either prohibited or limited the right to strike for various classes of public employees. This has been held constitutionally valid insofar as the statutory bar or restriction is required to prevent essential functions of the State from being interrupted or to ensure that the vital needs of the country are being provided for. Even where no specific restrictive legislation applies, strikes by the staff of « public services » — including not only central and local government employees, but also employees of major nationalized industries, institutions such as hospitals, and even private undertakings providing some public utility or service — are subject, under the Labour Code, to a number of restrictions. In particular, five days' notice of the strike must be given by a representative union. And certains forms of striking, such as rotating strikes, are prohibited. In addition, the employer authority may, under the doctrine of « essential services », make administrative regulations identifying which units or staff positions are considered essential. These regulations are subject to review by the administrative courts on the basis that the constitutional right to strike may only be curtailed insofar as is needed to preserve State authority and security or the safety of the public.


2017 ◽  
Vol 38 (4) ◽  
pp. 567-579 ◽  
Author(s):  
Terhi Maczulskij

Purpose The purpose of this paper is to examine the extent to which individual characteristics are related to the decision to become a public sector employee using twin study data matched with register-based, individual-level panel data for the 1991-2009 period. Design/methodology/approach The probability of public sector entry is examined using fixed effects logit regression to control for shared environmental and genetic factors. Findings The results show that unobserved factors partially explain the well-documented relationships between many individual characteristics and public sector employment choice. However, the results also show that highly educated and more extraverted individuals are more likely to enter public sector employment, even when both shared environmental and genetic factors are controlled for. Workers also tend to exit the private sector to enter the public sector at lower wage levels. Originality/value The twin design used in this paper represents a contribution to the existing literature. This paper is also the first to examine the probability of entry into the public sector instead of comparing public sector workers with private sector workers.


2015 ◽  
Vol 11 (2) ◽  
pp. 247-268
Author(s):  
Gylfi Dalmann Aðalsteinsson

Strikes are a key tool for workers to achieve their demands against their counterparties. The right to strike for workers in the private sector was incorporated in law in 1938. The situation was different for public sector employees in the 20th century regarding the right to strike, salaries were decided by law. According to law from 1915 public sector employees were not allowed to go on strike. In 1976 civil servants were granted the right to strike regarding the main collective agreement and majority of public sector employees were authorized by law the right to strikes in 1986. This study presents strikes of the public sector employees i.e. employees of the state and local government from the year 1977 and shed light on the main reasons for the strike activities in the public sector. Since 1977 there have been 1.974.699 days lost due to industrial conflict in Iceland, whereof 932.102 or 47,7% are because of public sector strikes. Therefore public sector employees in Iceland, who are only 20% of the active labour market constitutes for almost half of all days lost due to strikes in Iceland. To get a comparison between strike frequency between the public and private sector strike volume was calculated. The strike volume shows the number of lost working days per 1,000 employees. The paper brings into light the main explanatory factors of the high strike frequency among public sector employees and discusses ways that can reduce the industrial conflict in the public sector. Some relate to the laws and regulations, other concern the industrial relations between the parties as well as collective bargaining arrangements.


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