Archive:Public employment - Slovenia
This Statistics Explained article is outdated and has been archived.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 Slovenia.
Regional and administrative organisation
Introduction
Slovenia is a parliamentary democratic republic that obtained its independence in 1991. The present Constitution of the Republic of Slovenia was adopted on 23. December 1991, following the results of a plebiscite on the sovereignty and independence of Slovenia on 23. December 1990, when Slovenes overwhelmingly voted for independence.
State Organisation
The President of the Republic of Slovenia. The President of the Republic represents the Republic of Slovenia and is the commander-in-chief of its armed forces. The President calls general elections, promulgates laws, nominates candidates for Prime Minister to the National Assembly following talks with the leaders of deputy groups, candidates for judges of the Constitutional Court and members of the Court of Audit, appoints and recalls ambassadors, accepts the credentials of foreign diplomats, grants clemencies, etc. The President has no influence over the composition of the government, which is the task of the Prime Minister and the National Assembly. The President of the Republic is elected for a five-year term in direct general elections by secret ballot. A President may serve a maximum of two consecutive terms.
The Parliament, comprising the National Assembly and the National Council, has asymmetric duality, as the Chambers do not have equal powers. The National Assembly has ninety members (one representative for each of the Hungarian and Italian minorities) elected for 4 years. The National Assembly of the Republic of Slovenia is the supreme representative and legislative institution, exercising legislative and electoral powers as well as control over the Executive and the Judiciary. It adopts constitutional amendments, laws, national programmes, resolutions, etc. It also creates its own internal regulations, adopts the state budget, ratifies treaties and calls referendums.
As an electoral body, the National Assembly appoints and dismisses the Prime Minister and Ministers, the President of the National Assembly and up to three Vice-Presidents. On the recommendation of the President, it also appoints the judges of the Constitutional Court and other judges, the Governor of the Bank of Slovenia, Ombudsman, etc. In comparison with other dual-chamber systems, the power to vote in the Lower Chamber is exercised in a wide range of issues, whilst the Upper Chamber has more restricted powers. The supervisory function of the National Assembly includes the creation of parliamentary investigation committees, votes of confidence and constitutional proceedings against the President, Prime Minister or Ministers.
The composition of the National Council reflects the principle of corporate representation. It consists of 40 members. It is the constitutional representative of social, economic, professional and local interest groups and can be considered as the upper house of the Slovenian parliament. The council has 22 representatives of local interests, six representatives of non-commercial activities, four representatives of employers, four of employees and four representatives of farmers, crafts, trades and independent professionals. It is not elected directly by the population, but meant to represent different interest groups in the country. The councillors are elected for a five year term. It may propose laws to the National Assembly and plays a consultative role, although it reviews the decisions of the National Assembly in legislative matters (postponing veto).
The Government of the Republic of Slovenia is a body with executive power and the highest body of the state administration. It determines, guides, and coordinates the implementation of state policies in accordance with the Constitution and with laws and other general acts passed by the National Assembly. As the highest body of the state administration, it passes regulations and adopts legal, political, economic, financial, organisational and similar measures for regulating areas within the state`s jurisdiction. Its function in the area of legislative initiatives includes proposing laws to be passed by the National Assembly, the state budget, national programmes and other acts with which political directions for individual areas within the state`s competence are determined. With regard to the EU, the Government represents the Republic of Slovenia and makes submissions to EU institutions. The Government functions as a cabinet led by a Prime Minister. It consists of the Prime Minister and ministers. The number of ministers is not determined by law, only the area of activities, and each government coalition decides on the number according to its needs and political goals. At the time there are 14 Ministers and 3 Ministers without office.
The Prime Minister-elect is nominated to the National Assembly by the President of the Republic. The Prime Minister-elect then puts forward nominations for the Government, and ministerial candidates are required to present themselves to the relevant Committees in the National Assembly, which then vote on their suitability. The National Assembly then approves the ministers by a simple majority.
Regional Organization
Slovenia has a long tradition of regionalism and self-government. Pursuant to the Law on Self-Government, the municipality (with more than 5,000 inhabitants, as urban municipalities must have 20,000 inhabitants) is considered as the base for local self-government. New municipalities are established by law, following a prior referendum of the inhabitants. There are currently a total of 210 municipalities, 11 of which have urban status.
Among other questions, municipalities are responsible for: economic development, territorial organization, construction, local public services, infant and primary education and local roads. The municipality consists of a Mayor (directly elected by inhabitants), a Municipal Council (highest authority in the municipality) and a Supervisory Committee (controlling public expenditure and municipal assets). In 2006, the Constitution was reformed to create Provinces or Regions. This process is not complete yet and it is envisaged that the regions may be the same as those considered for community statistical purposes (NUTS 3), with environmental, economic, social and cultural development and infrastructure competencies.
Public Administration
Slovenia’s system of public administration is based on the legislation in force. In Slovenia, all the employees for whom the Wage system Act defines salaries - included are teachers, doctors, employees in central and local governmental bodies, in Public Agencies, Public Institutes and Funds, which means around 158.000 employees – are employees in Public Sector (civil servants). Among them there are around 35.000 civil servants in the Central Public Administration, which consists of Ministries, Bodies within ministries, Governmental offices and Administrative units. The Civil Servants Act which entered into the force in 2003, defines civil servants in central and local governmental bodies into officials (they do the public tasks) and the professional-technical workers (they perform the supporting tasks). Also the Top Menagers, Soldiers and Police force are civil servants in Slovenia. Ministries are led by a Minister, who is politically appointed, like the State Secretaries.
Public Employment Structure
Legal Basis: The main regulations on public employment are: Civil Servants Act (CSA), Employment Relationships Act, Wage System Act. The CSA represents the most important legal ground for the civil servants system in Slovenia. It regulates the common principles and other common issues related to the civil servants system; governs the civil servants’ system, establishes human resource management, the annual interview, performance assessment and training and education programmes for civil servants. The first part of the CSA, which regulates the common principles, is valid for all civil servants in Public Sector; the second part of CSA is, on the other hand, valid only for the civil servants in the state bodies and in local administration. According to the Constitution of Republic of Slovenia, employment in the state administration is possible only on the basis of open competition, except in cases provided by law. The system, among other principles, contains the principle of equal accessibility to ensure equal access to any work post for interested candidates under the same conditions. The chosen candidat has to have the best competences.
The Slovenian public administration respects the principles of legality and legal safety, political neutrality and professional independence, openness and user orientation, expertise and quality, compatibility, rationality and efficiency.
Public Employment Managing Body: The Ministry for Public Administration is responsible for the centralized management of all policies related to Central Public Administration. The Ministry of Public Administration performs tasks in the following areas: the organisation of public administration and staff; the public sector salaries system; e-government and administrative processes; investments, real estate and joint state administration services; and the coordination and guidance of local administrative units. Special attention is devoted in all the above areas to: strategic development, analysis and quality in public administration, public relations and the promotion of new solutions, and international relations.
Rights, Obligations, Principles And Values
The Civil Servants Act defines the principles, values, rights and obligations of public employees which include: principle of equal access, legality, professionalism, honourable conduct, non-acceptance of gifts, confidentiality, responsibility for results, diligence in the performance and protection of professional interests. In the year 2001 The Government of Republic of Slovenia accepted the Code of conduct for civil servants, valid for the public officials and high ranking civil servants as well. Besides this Code of conduct there are also the Codes of conduct for particular professions and fields of work (Code of conduct for nurses). CSA also provides the legal foundation for the Decree on the limitations and duties imposed upon public servants with respect to receiving gifts, adopted in 2003. CSA in Article 100 defines activities and work that is not compatible with the work of civil servants and public officials and also defines the sanctions for breaking these rules. The article 100 of CSA defines that officials may not perform other activities, if the activity violates the prohibition of competition or the competition clause pursuant to the law governing employment; if the performance of activity might affect the impartiality of the performance of work; if the performance of activity might result in the abuse of data accessible at the performance of the tasks at work, that are not accessible to the public and if the performance of activity is harmful to the reputation of the body. The restrictions under this Article shall not apply to activities relating to scientific and educational work, work in associations and organisations in the field of culture, art, sport, humanitarian activities and other similar associations and organisations, work in the area of journalism, and to membership and activities in political parties.
Officials holding the positions of director-general, secretary-general, the principal of Body within Ministry, the principal of a Government Office, the principal of Administrative Unit and the director of municipal administration (municipal secretary), may not perform any profitable activities with the exception of activities in the field of science, research, education, art, journalism and culture. Legal entities in which officials under the preceding paragraph, or their spouses, their lineal relatives or their collateral relatives three times removed, hold a share exceeding 20 per cent, may not enter business relations with bodies in which officials work. Contracts concluded contrary to the provision of this Article shall be null and void.
The working week for Slovenian civil servants is 40 hours. Paid annual holidays are minimum of 4 weeks. Maternity leave is one year. There is also special leave for parents with children between the ages of 3 and 6, to reduce their working day to between 4 and 7 hours instead of the normal 8 hours.
Career-Based System - Training
Horizontal and vertical career development is possible (promotion without changing position or with changing position), but at least 3 years should elapse between each promotion.
Training of civil servants revolves around the Administration Academy, which is part of the Ministry for Public Administration, created in 1997. This educational body is responsible for organising courses related to the training of civil servants. Courses in administrative procedures, health and safety, trainings for officials and trainings for Top Managers are the most important. In 2007, the Training Programme for Top Management was redesigned (compulsory 6-day programme) and new Training Programmes for Inspectors and Middle Management were introduced. They are all offered by the Administration Academy.
Remuneration
The Public Sector Wage System Act regulates the stipulation, calculation and payments of salaries and the amount of funds assigned to them. It also defines the procedure for altering the ratios between the wage groups and wage sub-groups in the public sector. In short, the Act sets out the common basis for the public sector wage system, such as the principle of equal pay for positions with comparable functions and rights and the transparency of the wage system and wage incentives.
Positions are evaluated using a common methodology according to the following criteria: level of difficulty of the tasks or entry requirements to the position; level of skills required (professional qualifications, additional skills and experience); competencies and responsibility of the position; physical and mental exertions related to the position; environmental impact of the position.
Following these criteria, each position is classified into one of 65 salary categories, which determines the basic salary. In addition to the basic salary, there are performance-related bonuses (2 months of the basic salary annually + additional bonus for extra workload agreed between civil servant and superior that shall not exceed 50% of civil servant’s basic salary). On the other hand, the aforementioned Act reduced salary bonuses from 80 to 8 (position, seniority, mentorship, specialisation and academic qualifications, a bonus for bilinguality, disadvantageous working conditions, dangers and special burdens, overtime and night service).
Social Dialogue And System Of Representation
Social dialogue is centralised and negotiations affect all public employees. Collective bargaining is formal and on-going (between 2 and 4 negotiations a year). The Administration is represented by the Governmental Negotiation Group, made up of representatives of all the Ministries, Agencies, some Government Offices and the Association of Municipalities. Employees are represented by many organizations in national negotiations, which normally represent the different branches of the public sector. At times, there is a great deal of diversity within the same branch (there are 6 different trade unions in the healthcare sector). The average unionisation rate is 50%.
Issues dealt with in the social dialogue are essentially the following: working conditions, labour market, modernisation of the social security system, training, reform of the civil service, quality management and public sector wage system. The outcome is not only a collective agreement, but also a proposal. The results of these negotiations are legally binding although there is the possibility of engaging in collective conflict, including the right to strike (although with prior conflict resolution mechanisms and an obligation to provide minimum services). The Economic and Social Council of the Republic of Slovenia (ESC) was established in 1994 as a highest-level body representing the social partners in the country. It was founded by the social partners – employers’ organisations and trade unions – and the Government of the Republic of Slovenia. The ESC usually meets in plenary session, with meetings held either at the request of one of the groups of social partners or at least once a month.
Senior Civil Servants
There is no formally defined SCS status in Slovenia, but there are some special conditions for the SCS group. (Summary Table)
Senior Civil Servants – 2nd Level - are selected through open, public competition. The main role in this procedure has an independent body – the COUNCIL OF OFFICIALS, which has 12 members who are elected or appointed for a term of six years. The Council of officials determines the requirements to be fulfilled by candidates to a SCS position. On completion of the tests and evaluations carried out by a Competition Commission, those directly responsible for the management position (Prime Minister, Minister and Secretary-General of the Government) make the final selection from a shortlist of candidates, made by the Officials' Council. The Government takes the final appointment decision and senior managers are appointed for a period of 5 years. Their assessment (annual) and management are the responsibility of the immediate superior. There is the possibility of horizontal career development (change of position, but the whole selection procedure must be performed).
Recent Reforms and Prospects
In the year 2009 the Program of reducing administrative barriers by 25% by 2012 and better regulation was adopted.
Among the anti-crisis measures in the public sector there is a plan of the reduction of the number of employees by 1% per year. Besides this a program of several organisation measures and restriction in the HRM was adopted.