Archive:Public employment - Slovakia
This Statistics Explained article is outdated and has been archived.
- Source: Ministry of the Spanish presidency 2010, publication "Public employment in the European Union Member States" .
This article is part of a set of background articles and introduces public employment in Slovakia.
Regional and administrative organisation
Introduction
Slovakia has been an independent parliamentary democracy since 1994, and has been a member of the European Union since 2004.
System of government
The President of Republic is elected directly by means of popular vote, with representative powers. The Parliament is a single chamber (National Council of the Slovak Republic) made up of 150 members with a mandate of 4 years. True Executive Power lies with the Prime Minister, appointed by the President. The Government comprises the Prime Minister, the Vice-President and Ministers who may be subject to an individual vote of confidence by the Parliament, to which the Government is accountable. Main functions of the Government include: preparation of the state budget, government regulations, drafting and implementation of foreign policy, draft bills, etc.
Regional organization
Slovakia is divided into 4 administrative divisions, 8 Regions, 79 Districts and 2 865 Municipalities. The regions and municipalities are self-government units. They have political and administrative autonomy. They are competent e. g. in matters of highways, education, hospitals and cultural facilities. They are organised by means of an Assembly and a President directly elected by popular vote. The municipalities are made up of a directly elected Assembly and Mayor, and deal with matters such as the environment, housing or water supply, etc.
However, there are two levels of the government administration at the local level:
First level is the regional level – this is e. g. the case of safety at work and labour inspection, environmental protection, road transportation, etc.
Second level is divided into two sublevels – district offices (e. g. environment, land) and county offices (an area of a county office usually covers several districts)
Public employment structure
Regulation: The 2009 Civil Service Act contains a specific regulation for civil servants. It affects around 36,000 civil servants (0.74 % of the total population) of the State Administration (including both central and local level) The Police Force, Customs Officers, Armed Forces, freely appointed positions, politicians and members of the Parliament and Government fall under the scope of different legal regulations.
The second basic group of the employees carrying out the duties of the public services covers the 2003 Act on work performed in public interest. It affects over 400 000 employees (19 % of the active population) including local and regional self- government.
The 2001 Labour Code applies on the two above mentioned categories of public employees differently. Due to more specific regulation in the Civil Service Act, its scope is narrower in the case of civil servants.
According to the Civil Service Act, there are two types of civil service employment – permanent or temporary.
The work of public employees is regulated in the aforementioned Labour Code and, more specifically in the 2003 Act on work performed in public interest, which stipulates that public employees shall be those working in institutions linked to the state budget, municipalities, state foundations, state educational and health institutions, etc. and other public institutions.
Rights, obligations, principles and values
The rights and obligations of civil servants are laid down by the Civil Service Act. Their rights include: working conditions that enable them to duly fulfil their duties, abilities and qualities. Their obligations include: the obligation to perform their tasks responsibly and on time, act properly and refrain from abusing their position, declare their assets and any incompatibility with another activity that provides them with economic benefits.
Performance is subject to permanent control and of a superior.
Working hours are a maximum of 40 hours a week (38.75 hours in a split shift and 37.5 hours in a continuous working day). There are special regulations for overtime and public holidays. Paid holidays are normally 4 weeks a year and, after 15 years of employment status (recognizing an employment different from the status of a civil servant) the holiday is 5 weeks a year. They are also entitled to a 65 % food allowance for each working day. During pregnancy and the 9 months following the birth of a child, mothers are entitled to protection and special working conditions.
Civil servants, like all other employees, are covered by pension, unemployment and healthcare schemes.
To enter the civil service, a candidate must have a clean criminal record, full legal capacity and fulfil the necessary qualification. The civil service employment is based on a service contract which means that the system of an assignment based on an administrative decision has been abolished.
Civil servants are obliged to act impartially in their decisions; maintain confidentiality of all facts discovered in the course of civil service performance, refrain from accepting gifts or other types of personal benefits in relation to job performance; abstain from action that could lead to conflict of public and personal interests. They may not run a business or any other profitable activity similar to those performed as their civil service duties (the civil service act has enacted certain exceptions regarding the other profitable activities).
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 dialogue 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 dialogue 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 dialogue 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 dialogue 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 dialogue 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.
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 dialogue;
• abolishment of the system based on the yearly performance assessment connected to the financial evaluation of the civil servants.