The system of the legal regulation of the position of civil servants

The system of the legal regulation of the position of civil servants

  • Study programme and level:The joint doctoral study programme Governance and Economics in the Public Sector (third cycle)
  • 2nd year
  • 5 ECTS
  • Course type: Elective course
  • Lectures: 20
  • Seminar: 20
  • Other forms of study: 20
  • Individual work: 90
  • Lecturer: Mirko Pečarič, PhD

1. Objectives and competences

  • The goal of the course is wide and profound study of the employment relations and the legal status of the civil servants in public sector providing them the frames of the presented area,
  • providing students with knowledge  on the bases of theoretical premises (the theory of monism of employment relations),
  • providing the ability of students to identify similarities and differences of the relations between the general labour legislation and the special legislation concerning civil servants,
  • the goal of the course is to provide students with knowledge about the international as well as national legal system in the area; special attention is given to the presentation of chosen topics of individual and collective labour relations; these topics are strictly linked to the structure of the program framework.

The students will gain the ability to

  • apply the theoretic models on the drafting of regulation of the employment relations of civil servants,
  • use the foreign solutions in the national law system,
  • to identify the problems which may have the nature of a system failure,
  • to identify the values and to enable them to use them in the regulation activities,
  • critical analyses of the human-management   methods  in public sector.

2. Content (Syllabus outline)

  • Employment relations of civil servants – seen as special type of the employment relations – the monism od employment relations
  • Constitutional and international legal aspects of the  civil  servants law
  • Themes related to the comparative regulation of the legal position of the civil servants
  • Social dialogue in the public sector
  • The principles of the civil servants law
  • The employment procedure
  • The promotion and the work efficiency of the civil servants
  • Legal aspects of the HRM in public sector
  • The trade unions and the collective bargaining
  • Prevention and resolution of the conflicts among the social partners of public sector

3.  Readings

  • Blanpain Roger.,  Labour law and Industrial Relations, Kluweer, Encyclopedia of laws, Netherland, on – line, omejitev – 100 izbranih strani.
  • Virant, Gregor, 2009,  Nov plačni sistem v javnem sektorju - prednosti in priložnosti za izboljšave. Javna uprava, 2009, let. 45, št. 3–20 strani.
  • Vodovnik Zvone, , 2009,  Socialni dialog v času nestabilnosti ,  The  Podjetje in delolet. 35, št. 6/7, 15 strani.
  • Vodovnik Zvone., ur., 2008, Pravni položaj managerjev, Fakulteta za management, 30 strani.

4. Intended learning outcomes

The course provides students with advanced knowledge about the legal position of the public servants.  They will gain the capability of using methods for the analytical research of legal system. The students will be able  to form and to use the legal regulations. This approach will enable them to provide support to efficiency of the public sector as well as to contribute to the quality of working life of civil servants. The learning outcomes provide students with the capability of drafting the research projects as well as for the leadership in the teams which deal with task to provide the legal regulation and to implement it in practice.

5. Learning and teaching methods

Panel presentation – the chosen topics taking into account the theoretic findings, the legislation and court decisions.
Seminar work – students present the content of their seminar thesis.

6. Assessment

The seminar work as the part of the applicative or the basic research activity - 40%
Written or oral exam - 60%