At local level, however, it is worth mentioning the autonomy of the municipalities, as they can share competencies with the Central government on education for instance , or a real transfer of competencies from central power to the municipalities on health, in particular.
The Grand Duchy has eighteen municipalities. There are therefore two levels of power in the public service: the Central government and the municipalities. NO such differentiation is made for the two other statuses in the national public service: the clerical employees and the manual workers of the Central government. The situation of the clerical employees is regulated by law; that of manual workers by collective bargaining agreement.
There are therefore 3 types of personnel in the national public service: the civil servants, the clerical employees and the manual workers. Please clarify whether central government employment includes: a school teachers; b NHS employees; c armed forces and police; other non-ministerial employees. If data include these groups of employees, please indicate their numbers or estimated share.
Apart from the positions mentioned above, i. The status applies to Central government civil servants. The capacity of Central government civil servant is defined by an express provision of the law. It is moreover recognised for any person who provides services in a definitive and permanent manner, as part of Central government administrative personnel, subsequent to appointment by the competent authority to a position provided by legislative provision.
The status applies also to magistrates and to clerks of the court, subject to the provisions of the Constitution and the act on the organisation of the judiciary, concerning in particular the recruitment, non-removability, incompatibilities, residence, absences and leaves, and the hearing and discipline service. The Act of 11 May guarantees the freedom of association in all areas. No one may be forced to belong or not to belong to an association.
The act of 30 June on the conclusion of collective agreements applied uniformly to the private and public sector. There is a similar procedure for concluding agreements in the two sectors. The Act on strikes provides certain guarantees of minimum service during a strike.
In this capacity, the act prohibits certain civil servants from going on strike. These are first of all civil servants whose position was created on the basis of article 76 of the Constitution, i.
This prohibition also concerns extraordinary envoys, plenipotentiary ministers, legation councillors, and other diplomatic staff who perform duties abroad in a permanent or temporary capacity, magistrates of the judiciary, heads of administrative departments and their deputies, directors of education establishments and their assistants, judiciary and penitentiary personnel, members of the police, the medical and paramedical staff of services on duty, security officers and personnel in charge of security in administrative departments.
The status of civil servants lists all the conditions necessary for assuming such a position: be a Luxembourg national, enjoy civil and political rights, offer the requisite ethical guarantees, meet the conditions of physical aptitude required to perform the duties, meet the educational and vocational conditions required, have undergone training, have passed an end-of-training examination, be under 45 years of age at the time of admission to the training course. As regards manual workers, their collective bargaining agreement provides the following conditions: Luxembourg nationality, enjoyment of civil and political rights, proficiency in the job, and the ethical and physical aptitudes to exercise it, and the language proficiency required.
As regards Central government clerical employees, the conditions are the following: Luxembourg nationality, enjoyment of civil and political rights, proficiency in the job, and the ethical and physical aptitudes to exercise it. In your answer, please refer specifically to elements such as recruitment procedures, pay see also below , working time, work organisation, job security and employment protections, social security.
It is worth mentioning a development in here consisting of reforming the status of civil servants. Here are the main changes resulting from this reform;. Only the pay of Central government workers is regulated by the collective bargaining agreement concerning them. The two other civil service statuses are not governed by collective bargaining, as already indicated.
The minimum wage levels of civil servants are fixed for each grade and echelon by legal provisions and their appendices, and the value corresponding to the relevant index tables. The collective contract for Central government workers provides an annex with a wage bracket containing minimum wages. Yes, all the jobs in the national civil service are clearly defined in the Act of 22 June on the wages of civil servants.
An appendix lists all the positions. As regards the pay of Central government civil servants and clerical employees, the two wage agreements were signed during the legislative period from to covering all Central government civil servants and clerical employees for a total period of five years. The wages of Central government workers are therefore fixed by collective agreement.
The trade union welcomes without drawing any distinction clerical employees or civil servants from administrative and technical departments. Education civil servants, represented by the Science and Education Union SEW , and Central government civil servants and employees from the health sector, social and education departments, do not fall under the Civil Service trade union. The CGFP has no national affiliation. The CGFP is a concentration of civil service organisations formed to defend the social, moral, professional and material interests of civil servants and other Central government personnel under contract.
The rules on trade union representation are fixed by the act on collective bargaining agreements of 30 June There are separate laws regulating employment in different parts of the public sector. See 1. Basically Kjt. Additionally, there are separate laws for the employment relationship of judges and state attorneys. In an amendment of the Ktv. The intention of the legislation was to create a more secure, somewhat protected employment status in the public sector through legal regulation, especially for civil servants and for armed force personnel.
In turn, the legislation curbed the role of collective bargaining and the collective rights of employees in the public sector. Therefore the laws prescribe fairly detailed rules of terms and conditions of employment, including salary scales, promotion, procedures for hiring and firing.
However, there are noteworthy differences between the collective rights of public employees under the different laws. See table 1. Naturally, under the Labour Code all the enumerated rights and institutions are allowed. Source: Berki, E.
The salary scales established by the above-mentioned laws require certain qualification and tenure for each salary bracket. Also, for civil servants Hungarian citizenship is a precondition in all positions. There are no specific laws for central government employees. It is worth to note, however, that in addition to the mandatory salary scale, according to the law Kjt. As a rule such additional pay is higher in central government offices than at lower levels.
The law Ktv. However, ad hoc agreements between trade unions and employers, both at central and local level, often prescribe management specific rules or recommendations for implementation of measures amounting to major changes in employment. Exactly this happened to the recent government measure to streamline the organisation and staff of central government.
In your answer, please refer specifically to elements such as recruitment procedures, pay see also below , working time, work organisation, job security and employment protections, social security. The most recent amendment of the Kjt. The balance between legislation and collective bargaining in regulating the various dimensions of the employment relationships.
Other relevant industrial relations dimensions, such as representation, conflict and its regulation. New rules have been introduced for assessing the representativeness of trade unions in the whole public sector. HUF In the lack of collective bargaining, however, in the case of the central government the scope of this legislation is limited to participation in higher consultative bodies.
See 5. Earlier a number of agencies mainly in the form of public benefit company Kht. However, the tide has turned when the newly elected government came into power; the new policy for streamlining public administration includes the elimination of these units, and a part of their employees will be dismissed, and another part will be transferred back to the public sector. HUI The law Ktv. As the wage scale and the budget of the public sector institutions are set by the laws, collective bargaining, in the strict legal sense, is limited to workplace level agreements.
Moreover, in government offices even workplace level bargaining is not allowed. In turn, national and sectoral negotiations on the annual wage rises are of paramount importance, which may conclude agreements between the government and trade unions. The lowest brackets in the wage scale defined by the above-mentioned laws serve as minimum wage levels in the public sector.
This may vary across different areas of the public sector. Since a compulsory annual evaluation system has been applied in public administration, and individual wage determination, namely a certain degree of deviation from the mandatory wage scales, is allowed based on the evaluation of the given employee. Nonetheless, according to the widely held view of Human Resource Management professionals, evaluation and performance-related pay system only rather formally work in the public administration.
Not in a formal way. Finally, the erosion of the quality of public services has become a central issue in the demands of trade unions and new social actors. They now consistently argue that good job quality for public sector employees is essential to guaranteeing and enhancing the quality of public services.
This edited volume maps different trajectories in national collective bargaining systems in Europe since the Great Recession. Since the start of the crisis in , wage setting and collective bargaining systems in many EU countries have been under tremendous pressure to follow the logic of companies and market imperatives.
Find out more. Just a few weeks before the launch of a new Action Plan on Company Law and Corporate Governance by Internal Market Commissioner Michel Barnier, this Policy brief seeks to review the stakeholder model of corporate governance that prevails in Europe by looking at the evolution of board-level employee representation rights in the light of national and The contract cleaning industry is a microcosm of the worst health impacts of changing working conditions over the last thirty years.
Read more. Governance — role of departments, agencies and central agencies This section outlines the roles and responsibilities of departments and agencies in the negotiation of enterprise agreements and other industrial relations matters. Constitutional limitations The Government is committed to honouring all terms within existing formal agreements. Agreement making and wages policy This sections outlines the Government's wages policy and agreement approval processes.
Redundancy and other matters This policy seeks to equally and fairly assist employees in the public sector whose roles are no longer required or whose employment must be terminated.
Steps for making enterprise agreements A guide to the process of making Victorian public sector enterprise agreements. Industrial action Departments and agencies must ensure that the impact of industrial action is minimised and that any response is appropriate.
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