THE NETHERLANDS
4.- CAREER-BASED SYSTEM - TRAINING
Mobility: Dutch public employment is an open position-based system so employees can only achieve promotion by applying to another post.
Job vacancies are in theory offered to all Dutch citizens in accordance with their competencies.
2. PUBLIC EMPLOYMENT STRUCTURE
This is a departmental system in which a great deal of power in conferred in separate departmental organizations.
Staff Categories: There are two categories of public sector employees:
A. Civil servants with a public-law status. Their employment conditions are very similar to those of private the sector. They are not appointed for life.
B. Contractual employees with a private contract. This type of contract was stopped in 1993 so this category of employee will eventually disappear.
Statistics: There are 1 million public employees (12% in State Administration).
3. RIGHTS, OBLIGATIONS, PRINCIPLES AND VALUES
Rights: Civil servants have the same social and political rights as private-sector employees. They can carry out administrative functions in local or regional governments at the same time as functions for which they have been elected representative in another local or regional government. However, they may not carry out administrative functions and hold a position in national government at the same time. Legal texts do not recognise civil servants’ right to strike but the directly applicable European Social Charter grants this right with some restrictions for some categories of employees (armed forces, police and railway personnel). Civil servants may join unions and political parties.
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Duties: Public sector employees are bound by a duty of neutrality, loyalty, discretion and professional secrecy.
4. CAREER-BASED SYSTEM - TRAINING
Mobility: Dutch public employment is an open position-based system so employees can only achieve promotion by applying to another post.
Job vacancies are in theory offered to all Dutch citizens in accordance with their competencies.
Training: There is no initial training system for civil servants but there is a highly developed on-going education system via the Local Government Training Institute and the EIPA provides training in European matters in Maastricht.
Human Resource Management is highly decentralised. The Provinces and Municipalities also have the power and responsibility to adopt their own regulations within limits set by the Civil Service Law.
5. REMUNERATION
Remuneration is mainly based on the position occupied and the performance appraisal. There is a salary scale for each grade. Each employee receives an annual salary increase after a year in the position. A merit-related allowance may be granted for exceptional work.
6. SOCIAL DIALOGUE AND SYSTEM OF REPRESENTATION
The Constitution, Civil Service Law and other laws regulate the social dialogue. There are few differences between the public and private sector. The Administration is represented by the Minister of the Interior and employees are represented by the leading trade unions. They must be consulted on employment conditions but never in relation to political matters or administrative organization.
Working conditions are subject to collective bargaining carried out at a decentralised sectorial level. Agreements set out the new employment conditions and are administratively coded, as these collective agreements are legally binding. Negotiations affecting the whole state are centralised in the Sectorial Consultation Committee for Public Employees, which comprises the Minister of the Interior and the trade unions.
7. SENIOR CIVIL SERVANTS
Status and Positions: The Senior Civil Service was created in 1995. At the same time, the ABD Office, a centralised SCS office, was created to manage the senior civil service system. (Summary Table)
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FUNCTIONAL
LEvEL TITLE PART OF SCS? POLITICAL
APPOINTMENT
1st Level Secretary-General YES NO
2nd Level Director-General YES NO
3rd Level Director YES NO
4th Level Head of Department NO NO
5th Level Policy Maker NO NO
Recruitment and Appointment: The public employment system is position-based.
Senior executive positions are open to internal and external candidates. Recruitment is based on past performance. The ABD Office plays major role in recruitment, career development, training and SCS mobility. The most important criteria are: education, previous work experience and motivation. Recruitment for SCS positions is centralised, and appointment is to a specific post. Vacancies are published on the ABD website and are open. The average age upon entering the senior civil service group is 30-50 years old.
Members of the Top Management Group are appointed for 5 years with the two possibilities of extending this period for one more year, although there are appointments for an indefinite period. The final appointment decision lies with the Minister.
Management: Senior civil servants are managed by the centralised ABD office. The tasks of the ABD office are to organise the recruitment process for top management positions, offer career advice to senior civil servants and organise training courses.
Assessment: The objectives of senior civil servants are set out in working agreements, which were introduced in 2000 to ensure that officials in senior positions have regular meetings with their line managers (Minister and Secretary-General).
Training: Specific programmes have been set up by the ABD Office to develop leadership and other competencies in grade 15 or lower. There is also a Senior Civil Service Candidate’s Programme which takes competencies and skills as the starting point for training future leaders. The key objective of this Programme is personal development in positions in scales below the senior civil service.
Remuneration: Pay for senior civil servants is decided by the Government. Approval by Parliament is not required, but is sought informally. Senior Civil Servants only receive base Salary. There is no merit increase or variable income. The Top Management Group may receive a bonus of one-month’s salary.
Diversity Policy: There is a special policy on gender diversity applicable to civil servants in general and to senior civil servants. In terms of female representation, the target is for 25% of senior civil servant positions to be held by women by the end of 2011.
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Work-Life Balance: It is possible for Senior Civil Servants to work at home (tele-working), work part-time and have flexi-working time.
Mobility: There is a system for seconding senior civil servants for up to two years. Hence, temporary vacancies are filled, while fostering mobility among senior civil servants.
8. RECENT REFORMS AND PROSPECTS
There is a consensus in Dutch political circles that bureaucracy needs to be lightened.
After the major reforms carried out by the State in the 1990s (significant cuts in the work force, systematic assessment of public policy development), the government has now put the emphasis on reducing administrative costs (“better regulation”) and the number of civil servants.
The Dutch government will ease and promote the mobility of civil servants. Civil servants whose job is destined to disappear will be assisted by the “Civil Servants’
Mobility Organisation”, which is made up of civil servants from various ministry human resource departments. The aim of this organisation is to find them another position either inside or outside government services.
A new campaign called “Working for Central Government” was launched in 2007 to attract new employees, with a special focus on young graduates.
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POLAND
156
POLAND
1.- REGIONAL AND ADMINISTRATIVE ORGANIZATION INTRODUCTION
The Republic of Poland (Rzeczpospolita Polska) has been a member of NATO since 1999 and of the European Union since 2004. It has a population of 38 million people and a surface area of 312,700 km2. In 1989, the first in the post-war history free elections to Parliament were held and in 1997 the new Constitution was approved by the National Assembly. It is a unitary state based on the principle of the division of powers. The Constitution defines Poland as a parliamentary republic
SYSTEM OF GOVERNMENT
Executive Power: The executive power is vested in the President of the Republic of Poland and the Council of Ministers.
The President is the Head of State. The President is elected by direct popular vote for a period of five years; heads the executive authority and represents Poland abroad; is guarantor of the continuity of the Government, ensures the Constitution is respected and is responsible for state security. The President may veto bills of law.
The Council of Ministers is led by the Prime Minister who is appointed by the President of the Republic, who also appoints the members of the Council of Ministers, on the recommendation of the Prime Minister. Its duties encompass managing the current policy of state, ensuring the execution of the law, coordinating and controling the work of government administrative bodies, ensuring public order and the internal and external security of the state, protecting the interests of the State Treasury, approving the draft of the budget, and supervising its execution. The Council of Ministers also signs international agreements which require ratification, and can revoke other international agreements.
Legislative Power: The legislative power is vested in Parliament which consists of two houses: the Sejm, the Lower House with 460 members, and the Senate, the Upper House, consisting of 100 senators. The Sejm and the Senate make up the National Assembly (Zgromadzenie Narodowe).
Judicial Power: The judicial power is vested in courts and tribunals which are independent of other branches of power.. Its major institutions include the Supreme Court (Sąd Najwyższy); the Supreme Administrative Court (Naczelny Sąd Administracyjny); the Constitutional Tribunal (Trybunał Konstytucyjny); and the Tribunal of State (Trybunał Stanu).
1. REGIONAL AND ADMINISTRATIVE ORGANIZATION Introduction
The Republic of Poland (Rzeczpospolita Polska) has been a member of NATO since 1999 and of the European Union since 2004. It has a population of 38 million people and a surface area of 312,700 km2. In 1989, the first in the post-war history free elections to Parliament were held and in 1997 the new Constitution was approved by the National Assembly. It is a unitary state based on the principle of the division of powers. The Constitution defines Poland as a parliamentary republic.
System of government
Executive Power: The executive power is vested in the President of the Republic of Poland and the Council of Ministers.
The President is the Head of State. The President is elected by direct popular vote for a period of five years; heads the executive authority and represents Poland abroad; is guarantor of the continuity of the Government, ensures the Constitution is respected and is responsible for state security. The President may veto bills of law.
The Council of Ministers is led by the Prime Minister who is appointed by the President of the Republic, who also appoints the members of the Council of Ministers, on the recommendation of the Prime Minister. Its duties encompass managing the current policy of state, ensuring the execution of the law, coordinating and controling the work of government administrative bodies, ensuring public order and the internal and external security of the state, protecting the interests of the State Treasury, approving the draft of the budget, and supervising its execution. The Council of Ministers also signs international agreements which require ratification, and can revoke other international agreements.
Legislative Power: The legislative power is vested in Parliament which consists of two houses: the Sejm, the Lower House with 460 members, and the Senate, the Upper House, consisting of 100 senators. The Sejm and the Senate make up the National Assembly (Zgromadzenie Narodowe).
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Judicial Power: The judicial power is vested in courts and tribunals which are independent of other branches of power.. Its major institutions include the Supreme Court (Sa˛d Najwyz˙szy); the Supreme Administrative Court (Naczelny Sa˛d Administracyjny); the Constitutional Tribunal (Trybunał Konstytucyjny); and the Tribunal of State (Trybunał Stanu).