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Who and What is a Civil Servant?

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The public sector comprises a range of employment regimes. Unfortunately, there is no standard definition of civil servant or civil service. Arrangements vary between countries, though generally the civil service constitutes a distinct body of staff within the public sector. (In other words, there are often numerous groups public employees in addition to civil servants.) The essence of civil servant status is that the legal basis for employment -- the laws and regulations that shape the nature of employment contracts -- is different from that found elsewhere in the economy as defined by the general labor law. It also is generally different from that found elsewhere in the public sector, such as in the health or education sectors or in stateowned enterprises. istorically, civil service employment was not a formal agreement between two e!ual parties, but rather a decision of the "tate. Today, civil service employment tends to share some features that are typical of a voluntary arrangement between an employer and employee in the private sector. owever, several criteria continue to distinguish civil servant status from other employment arrangements. These criteria can be summari#ed as follows$ %. &ivil servants are 'appointed' by decision of an authori#ed public institution in accordance with the civil service law. A decision by a representative of the "tate to 'appoint' a civil servant must conform with established rules that structure the hiring process. (. )nce appointed, there are many constraints on dismissal. This is because civil servants are not simply employees of the state* they also have a constitutional role. The intent of civil service legislation is to balance the re!uirement these employees be responsive to the government of the day, with the parallel re!uirement that they respect and maintain state institutions over time. In other words, additional +ob security is provided in order to prevent short-term political pressures from leading to inappropriate personnel changes. 3. There are more constraints on the actions of civil servants than on other groups. Again, this is because of the strategic and constitutional role of civil servants. The ,abour -elations (.ublic "ervice) &onvention, %/0( (1o. %2%) provides details of the fundamental labour rights of civil servants (the right to organi#e, to participate in consultations or negotiations in relation to their terms of employment and to settlement of disputes). Article % of the &onvention states that its provisions apply to 'all persons employed by public authorities' but permits e3emptions for 'high-level employees whose functions are normally considered as policy-ma4ing or managerial, or ... employees whose duties are of a highly confidential nature.' 5. The employees concerned are within civilian central government or subnational government. There are many other employment arrangements in the public sector that provide something a4in to civil servant status, under +udicial career laws etc. owever, common usage re!uires that civil servant status refers to employees within civilian central government, or subnational government. The +udiciary can often be employed under
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This paper is an amalgam of two 6eb pages on the Administrative 7 &ivil "ervice -eform site$ 8&ivil "ervice ,aw 7 9mployment -egimes: (http$;;www%.worldban4.org;publicsector;civilservice;civilservicelaw.htm) and 8The "cope of the &ivil "ervice in )9&< and "elect &99 &ountries: (http$;;www%.worldban4.org;publicsector;civilservice;cs=law=)9&<.htm). Those pages were prepared by "taffan "ynnerstrom ("I>?A), @athy ,ala#arian and 1ic4 ?anning, with 1eil .arison and Aeffrey -inne. The pages draw e3tensively on detailed information provided by )9&< "I>?A and .U?A, through wor4 led by @irsi Ai+ala. They also reflect comments made by "I>?A staff, and additional material from the <epartment for >overnment, ,abour ,aw 7 Administration (>,,A<;I,)).

arrangements that also provide constitutionally-based constraints on dismissal, but are rarely 4nown as civil servants. There are some recent signs that the distinction between civil service legislation and labor law is softening. The International ,abour )rgani#ation (I,)) database of national legislation, 1AT,9B, contains bibliographical references to I,) ?ember "tatesC laws governing the civil service. The definitional problems are highlighted by the deliberations of the I,)Cs Aoint &ommittee on the .ublic "ervice, which has held five sessions (%/DE, %/D2, %/0F, %/00 and %//5), all of which have recorded at some stage discussions on definitions. These discussions have recogni#ed the distinction between established civil servants (whether they are 'tenured', 'permanent' 'titulari#ed' or 'statutory') and non-established public employees that wor4 as contractual employees of the "tate. owever, a number of countries treat all public service wor4ers as contractual employees. Applying these criteria generally reveals a group of employees in civilian central government and in subnational government that are widely recogni#ed to be civil servants. It is of course possible that some public sectors are effectively all civil servants. owever, this is rarely the case. 9ven in settings with the most comprehensive coverage of civil service, employees of state owned enterprises are usually sub+ect to different legislation. ()ften it is the same general labor law that governs employment contracts in the private sector.) What is within the scope of civil service laws? The substantive scope of civil service laws can vary between countries. In some cases these laws regulate everything related to employment. In others, they supplement the general labor law. In some countries, institutional arrangements for the management of the civil service are included in the civil service law. In other countries, this is regulated in other legislation. >enerally, a central body is defined to be in charge of the overall management, including proposing legislation and monitoring the civil service management at ministries and agencies level. -egulations concerning trade union rights and collective bargaining are normally regulated in a separate piece of legislation. &ivil service laws can define the +ob duties and responsibilities of civil servants. 6hile general labor law employees have only the responsibility to fulfill their labor contract, civil servants can be given an over-arching duty to serve the state or the government of the day. ,egislation can also set out the arrangements for tenure and +ob security. >eneral labor law employees can be dismissed by the employer in line with their labor contract sub+ect to some general minimum standards (although there can be some form of tenure in the labor law lin4ed to age and length of employment). &ivil servants generally have greater protections that re!uire comprehensive legal and administrative due process before they can be dismissed. <isciplinary arrangements can also be covered by the legislation. Their employer can discipline general labor law employees in any legal manner sub+ect to collective bargaining agreements, although +udicial review is often possible under general labor law. Gy contrast, civil servants can be disciplined according to specific legislated disciplinary provisions. Usually these are defined as$ reprimand* partial loss of salary* downgrading* or dismissal. -ewards and wage-bargaining are often also covered by civil service legislation. >eneral labor law employees can be rewarded in any manner sub+ect to minimum wage legislation and collective bargaining agreements. &ivil servants can have rewards pac4ages reflecting factors other than mar4et conditions. >enerally, civil service remuneration is determined by legislation. Trade unions have usually only a consultative role. The combined effect of the scope of civil service laws yields two different types of civil service arrangements$ 'career systems' and 'position-based systems.' In career systems, the ob+ective

is to ensure that initial entry to the civil service is based on the 4nowledge of the candidates, generally as indicated by a relevant university degree or academic credentials. "ubse!uent mobility and promotion allow movement within the civil service. In position-based systems the emphasis is placed on selecting the best-suited candidate for each position to be filled, whether by e3ternal recruitment or via internal promotion or mobility. &losed career systems ma4e appointments through promotion from within the civil service and are characteri#ed by limited possibilities for lateral entry and a strong emphasis on career development. Gy contrast, positionbased systems allow more open access, with lateral entry relatively common. HThe appendi3 to this paper presents the content of civil service laws in )9&< countries and eight non-)9&< countries selected from &entral and 9astern 9urope.I Who has civil servant status? 6here there is a civil service, then this legislation always covers the permanent employees of civilian central government and, in some settings, subnational government. )ften teachers, health professionals, and the police are e3cluded. As noted above, there can be other arrangements that provide civil service-li4e protections and responsibilities for public employees that are not, in fact, civil servants. 9mployment in the education sector is also generally regulated by specific legislation. "ee the page on education sector issues in this site for more details. The health sector wor4force, which usually comprises a significant element within the total public sector wor4force, may be either directly employed by the public sector health system, or wor4 in public-funded agencies or organi#ations (e.g., social insurance funded). In many countries health care will also be delivered by organi#ations in the private sector and by voluntary organi#ations. "ee the page on health sector issues in this site for more details. "ubnational government employment often represents a substantial portion of the total public sector wor4force J fre!uently over 2E percent in federal counties. In unitary countries, such as &hina and @orea, all civil servants are J at least nominally J part of one civil service. owever, subnational government employment is considered a separate, legally defined civil service in many )9&< countries. In federal countries li4e India and ?alaysia, each state has its own civil service, but federal civil servants are sent to wor4 for regional governments on a rotation basis, often in the most senior posts. In countries such as >ermany and Indonesia, the subnational civil services perform central tas4s as an agent of the central government (co-administration), thereby ceding some of their independence from the center. "ee the page on subnational government within this website for more details. In most continental 9uropean countries, military and law enforcement personnel (e.g., police, customs, etc.) have their own specific legislation as the basis for employment. owever, more often than not, the police are considered civil servants. (In a sample of F5 countries, this was the case for ((.) 9mployees of state owned enterprises may be sub+ect to specific, but different legislation, or may be sub+ect to the general labor law that governs employment contracts in the private sector.

HThe appendi3 to this paper shows which public employment groups are covered by civil service legislation in )9&< countries and eight non-)9&< countries selected from &entral and 9astern 9urope.I These are generali#ations, not absolutes. There are many e3ceptions. Kor e3ample, in Krance and >ermany, both teachers and doctors are sub+ects to the civil service laws. >enerally, however, civil service legislation is more comple3 than the legal arrangements governing employment in other sectors. This is because civil servants are not simply employees of the state* they also have a constitutional role. The intent of civil service legislation is to balance the re!uirement these employees be responsive to the government of the day, with the parallel re!uirement that they respect and maintain state institutions over time. ,egal traditions and systems differ, but there is a general consensus among democratic nations that the rule of law, technical and managerial competence, reliability, predictability, accountability, transparency, and citi#enCs participation are all principles that should guide public administration. In addition to transmitting general principles and standards for performance through civil service legislation, the state or state organi#ations must also fulfill the traditional responsibilities of an employer. This re!uires specific regulations covering staffing and career management policiesL including systems for selection, recruitment, promotion, and remuneration. "ee the 6eb page on personnel management and enforcement on this website for further details. Recommended readings Auer, Astrid, &hristoph <emm4e and -obert .oltet. &ivil "ervices in the 9urope of Kifteen$ &urrent "ituation and .rospects. 9uropean Institute of .ublic Administration, ?aastricht, %//M. Gellocchi, ,u4e. %//F. '9lements of ?odel &ivil "ervice ,aws for <eveloping 1ations.' ).-, 6orld Gan4, 6ashington, <.&. &ardona, Krancisco, 'The "cope of &ivil "ervice "ystems in 9uropean &ountries.' http$;;www.oecd.org;puma;sigmaweb;acts;civilservice;docs;csscope.pdf >ow, Iain Aames and ?aria del &arman .ardo. '&omparing different civil services$ the advantages of a multi-level analysis for comparing &anada with ?e3ico'. )9&< ()rgani#ation for 9conomic &ooperation and <evelopment). %//M. '&ivil "ervice ,egislation &ontents &hec4list.' "I>?A .apers 1o. 2. .aris$ )9&<;"I>?A. )9&< ()rgani#ation for 9conomic &ooperation and <evelopment). %//M. '&ivil "ervice ,egislation$ &hec4list )n "econdary ,egislation (and other -egulatory Instruments)' "I>?A .apers 1o. %5. .aris$ )9&<;"I>?A. )9&< .U?A. 9volution <e ,a >estion <es -esources umaines <ans ,es Administrations .ubli!ues. )9&<$ .aris. <ecember %///. )#a4i, ?., et al. %/0M. ',abour -elations in the .ublic "ervice$ <eveloping &ountries.' I,), >eneva. I,) (International ,abour )rgani#ation). (EEE. 'Termination of 9mployment <igest.' I,), >eneva. I,) (International ,abour )rgani#ation) (forthcoming) ',abour legislation guidelines.' I,), >eneva. I,) "ectoral Activities .rogram. %//0. ' uman resource development in the public service in the conte3t of structural ad+ustment and transition.' I,), >eneva.

"chnapp, @ai-Uwe. (EEE. '<erived Neto .osition of ?inisterial Gureaucracies$ A &omparative <escription.' "ocial "cience -esearch &enter, Gerlin. "I>?A &ivil "ervice and "tate Administration (&""A) &ountry -eports.

Recommended websites The "I>?A website contains most &entral and 9astern 9uropean civil service laws. The >lobal ,egal Information 1etwor4 (>,I1), maintained by the U" ,ibrary of &ongress, provides a searchable database with civil service legislation and regulations by country. Krom the >,I1 web page$ %. clic4 'search' (. clic4 'guest' F. select the country (or multiple countries using 'ctrl' and clic4ing) 5. type 'government employees' in the sub+ect space 2. select a date or publication range J or leave blan4 for all legislation M. clic4 '!uery' The International ,abour )rgani#ation <epartment for >overnment and ,abour ,aw and Administration (>,,A<) has e3pertise in civil service legislative reform, legal training and labour administration. The I,) "ectoral Activities .rogramme on the public service trac4s changes in public sector employment.

Appendix
According to the four civil service criteria presented above, nearly all )9&< countries have legislation that provides civil servant status for some employees. The e3ceptions are 1ew Oealand, &#ech -epublic, and "wit#erland. HIn 1ew Oealand and the &#ech -epublic all public sector staffs are covered by the general labor law. "wit#erland is a borderline case as recent legal changes have removed tenure and introduced individual labor contracts for all &onfederation employees, including those of the courts, post office, railways etc.I 6e have data for (M of the (D )9&< countries with national civil service legislation. (The "lova4 -epublic reportedly approved civil service legislation in early (EE%, but its provisions have not been assessed for this study.) 6e also have data for eight &entral and 9astern 9uropean countries. Krom the resulting sample of F5 countries, the national civil service legislation$ %. defines +ob duties and responsibilities in (2 cases* (. delimits tenure and security in (/ cases* F. sets out disciplinary arrangements in (2 cases* and 4. determines the methods for setting rewards and wage-bargaining in (0 cases. ("ee Table %below.) Krom the same sample of F5 countries$ 1. health employees are considered national civil servants in %5 cases* (. education employees (teachers) are national civil servants in %M cases* F. police in (( cases* 5. and subnational government employees (e3cluding education, health, and police) are defined as national civil servants in %0 cases. ?eanwhile, in %% cases there is a separate civil service for subnational government. ("ee Table ( below.) The +udiciary in the )9&< are rarely civil servants. owever, they are often sub+ect to civil service-li4e arrangements that define their employment status. This is generally provided by a '+udicial career law,' which applies to +udges at all levels from traffic court to "upreme &ourt +ustices, although rarely to constitutional court +udges. Audicial support staff (court administrators, etc.) are often civil servants -- but this is not inevitable and practice varies widely. As there are no comprehensive data on the status of the +udiciary, these are not included in Table (. ")9 employees and the military are also e3cluded from Table (, as there are many specific nuances and e3ceptions on employment status of these two groups. It is, of course, possible for all public employees to be treated as civil servants. owever, even in settings with the most comprehensive coverage of civil service (Austria, <enmar4, Krance, >ermany, >reece, "weden and ,u3embourg -- see Table ( below), employees of state-owned enterprises are usually sub+ect to different legislation. Usually it is the same general labor law that governs employment contracts in the private sector.

Table 1: Content of Civil Service Legislation in OECD and Select CEE Countries
Aob duties 7 -esponsibilities Tenure 7 "ecurity ( <isciplinary ArrangementsF -ewards 7 6age Gargaining &areer "ystem &losed )pen -ecruitment

Countr! Australia Austria Gelgium &anada <enmar4 Kinland Krance >ermany >reece ungary Iceland Ireland Italy Aapan @orea ,u3embourg ?e3ico 1etherlands 1orway .oland .ortugal "pain "weden Tur4ey

U.@. U.".A. Select "on#OECD Central $ Eastern European Countries Albania Gulgaria 9stonia KP-)? ,atvia ,ithuania -omania

"lovenia >eneral labor law employees have only the responsibility to fulfill their labor contract. &ivil servants can be given an over-arching duty to serve the state or the government of the day. ,egislation can also set out the arrangements for tenure and +ob security. >eneral labor law employees can be dismissed by the employer in line with their labor contract sub+ect to some general minimum standards (although there can be some form of tenure in the labor law lin4ed to age and length of employment). &ivil servants generally have greater protections that re!uire comprehensive legal and administrative due process before they can be dismissed. <isciplinary arrangements can also be covered by the legislation. Their employer can discipline general labor law employees in any legal manner sub+ect to collective bargaining agreements, although +udicial review is often possible under general labor law. Gy contrast, civil servants can be disciplined according to specific legislated disciplinary provisions. Usually these are defined as$ reprimand* partial loss of salary* downgrading* or dismissal. -ewards and wage-bargaining are often also covered by civil service legislation. >eneral labor law employees can be rewarded in any manner sub+ect to minimum wage legislation and collective bargaining agreements. &ivil servants can have rewards pac4ages reflecting factors other than mar4et conditions. >enerally, civil service remuneration is determined by legislation. Trade unions have usually only a consultative role.

Table 2: Who has civil servant status in the OEC and CEE? %roups of pu&lic e'plo!ees covered &! the sa'e civil service legislation as civilian central govern'ent e'plo!ees
"ubnational >overnment (e3cluding education, heatlh, 7 police) separate civil covered by same service legislation legislation as civilian offering similar, but central governmentQ distinct statusQ

Countr! Australia Austria Gelgium &anada <enmar4 Kinland Krance >ermany >reece ungary Iceland Ireland Italy Aapan @orea ,u3embourg ?e3ico 1etherlands 1orway .oland .ortugal "pain

ealth 9mployees

9ducation 9mployees

.olice

"weden Tur4ey U.@. U.".A. Select "on#OECD Central $ Eastern European Countries Albania Gulgaria 9stonia KP-)? ,atvia ,ithuania -omania

"lovenia 6here there is a civil service, then this legislation always covers the permanent employees of civilian central government and, in some settings, subnational government. )ften teachers, health professionals, and the police are e3cluded. !otes %. The empirical data presented in this table (and the one below) draw from material 4indly provided by )9&< .U?A and "I>?A. The authors ta4e full responsibility for any errors. The specific content of civil service legislation varies widely. Therefore, the presense of a chec4 mar4 in the same column does not indicate a close similarity between country situations. The Appendi3 lists the specific laws covering the civil service in these countries. (. Tenure and security does not imply that civil servants cannot be dismissed. F. <isciplinary arrangements may apply only to some groups of civil servants. 5. Twenty percent of top government posts in @orea are open, ma4ing @oreaRs career system both open and closed. "ources Legal (asis of the Civil Service OECD Australia Austria Gelgium &anada .ublic "ervices Act, %/// .ublic "ervice &ode &onstitution sets out the basic principles for the civil service. .ublic "ervice Act

&#ech -epublic <enmar4 Kinland Krance >ermany >reece ungary Iceland Ireland Italy Aapan @orea ,u3embourg ?e3ico The 1etherlands 1ew Oealand 1orway .oland .ortugal "pain "weden Tur4ey U.@. U.".A.

no civil service law e3ists &onstitution* &ivil "ervice ,aw of %/M/ &onstitution* "tate &ivil "ervants Act (D2E;/5) Krench constitution (art. F5 para III)* >eneral civil service statute and specific statutes for the three civil service groups* .ublic "ervice &ode >erman Gasic ,aw (art. FF)* &ivil "ervants ,aws &onstitution (art. %EF and %E5)* .ublic "ervice &ode &ivil "ervants ,aw of %//( (separate law covering public servants) %//M &ivil "ervice Act "ub-legislation &ivil "ervice ,aw of %//F &onstitution* 1ational .ublic "ervices ,aw Information ta4en from the '&ivil "ervice &ommission' >overnment of @orea &onstitution lays down the basic principles for the civil service .ublic "ervice &ode Kederal ,aw on -esponsibilities of .ublic 6or4ers &onstitution* &"A %/(/* >eneral &ivil "ervice -egulations 9mployment -elations Act, (EEE &ivil "ervice Act &ivil "ervice Act, <ecember %///* and .ublic "ervice Act &onstitution (art. (MM, (MD, (M0, (M/, (D%)* The <ecree on >eneral .rinciples for the .ublic "ervice &onstitution* .ublic "ervice &ode &onstitution* .ublic 9mployment Act The &ode of &ivil servants (,aw 1o. M2D)* ,aw 1o. FM(0 on <isclosure of Assets and &ombating Gribery and &orruption "ub-legislation* .ublic service reservation stipulated in Art. 50(5) 9&T. &ivil "ervice ,aw of %/D0

Select "on#OECD Central $ Eastern European Countries Albania Gulgaria 9stonia KP-)? ,atvia ,ithuania -omania "lovenia &ivil "ervice ,aw of %/// (article (-%) &ivil "ervice ,aw of %/// &ivil "ervice ,aw of %//2 <raft civil service law "tate &ivil "ervice ,aw &ivil "ervice ,aw (law on 'public service'), Auly %/// &ivil "ervice ,aw of %/// ,aw on 6or4ers in "tate )rgans (,6"), %/E)* <raft law on civil service under preparation.

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