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CIVIL SERVICE SYSTEM IN
THE REPUBLIC OF SERBIA
COMPILATION OF LAWS
AND EXPLANATORY ARTICLES
CIVIL SERVICE SYSTEM
IN THE REPUBLIC OF SERBIA
COMPILATION OF LAWS AND EXPLANATORY ARTICLES
Written by
Jasmina Damjanovi} • Edmond Mileti}
dr Hans-Achim Roll • [tefka Korade Purg
DIAL
Belgrade (Serbia), Mutapova 21
Under the EU funded project, managed by the European Agency for Reconstruction
www.dial-serbia.com
Editor
Peter Mikli~
Design and Prepress
Vojislav Ili}
Proofreading
Ljiljana Ostoji} • Valentina Kora}
Translators
Aleksandra ^avo{ki, LL.D • Dejan Vuruna, LL.M
Edition
1000 copies
Co-publisher and printing
GRAFOLIK • Belgrade (Serbia), Vojvode Stepe 375
ISBN 86-902823-4-3
CIP - Katalogizacija u publikaciji
Narodna biblioteka Srbije, Beograd
35.082/.087(497.11) (094.5.072)
SISTEM državnih službenika u Republici Srbiji :
zbirka propisa sa komenarima / [autori Jasmina Damjanović ... et
al.]. - Beograd : Dial : Grafolik, 2006 (Beograd : Grafolik). 211, 212 str. ; 24 cm
Nasl. str. prištampanog prevoda: Civil Service System in the Republic
of Serbia. - Uporedo srp. tekst i engl. prevod. - Podatak o autorima
preuzet iz kolofona. - Oba teksta štampana u međusobno obrnutim
smerovima. - Tiraž 1.000. - Str. 3-6 : Predgovor / Samo Godec. Napomene i bibliografske reference uz tekst. - Iz sadržaja : Zakon o
državnim službenicima.
ISBN 86-902823-4-3 (Dial)
ISBN 978-86-9028223-4-0
1. Damjanović, Jasmina
a) Državni službenici – Srbija - Zakonski propisi b)
Nameštenici - Srbija - Zakonski propisi
COBISS.SR-ID 136754956
TABLE OF CONTENTS:
A
FOREWORD Samo Godec, LL.M
5
OVERVIEW OF THE CIVIL SERVANTS ACT Jasmina Damjanovi}
9
NEW LEGISLATION ON CIVIL SERVANTS Edmond Mileti}
43
PERFORMANCE APPRAISAL IN THE CIVIL SERVICE
OF THE REPUBLIC OF SERBIA Hans-Achim Roll, LL.D
51
HUMAN RESOURCE PLANNING AND COMPETITION
PROCEDURE IN THE LIGHT OF THE NEW CIVIL SERVANTS SYSTEM
The overview of the system in the Republic of Serbia and certain
comparison with the system of the Republic of Slovenia
[tefka Korade Purg
65
CIVIL SERVANTS ACT
83
Introductory Provisions
85
Principles governing the work of civil servants
87
Rights and obligations of civil servants
89
Types of civil service jobs
94
Filling in the vacancies
98
Evaluating and promoting civil servants
109
Reassinging civil servants to meet operational needs
112
Professional training and qualifications
114
Civil servants’ liability
117
Termination of employment
123
Rights of civil servants in case of changes in organization
of state authorities
126
Deciding on rights and obligations of civil servants
129
Organization of human resources system
133
Special provision on general service employees
138
Inspection over implementation of the statute
140
Transitional and final provisions
141
R
REGULATION ON ESTABLISHING THE HUMAN RESOURCES
MANAGEMENT SERVICE
145
REGULATION ON DEVELOPMENT OF THE HUMAN RESOURCES
PLAN FOR THE STATE AUTHORITIES
148
REGULATION ON APPRAISAL OF CIVIL SERVANTS
155
REGULATION ON CONDUCTING INTERNAL AND PUBLIC
COMPETITIONS TO FILL VACANCIES IN THE STATE AUTHORITIES
173
D
ADMINISTRATIVE DIRECTION ON PROFESSIONAL
QUALIFICATIONS, KNOWLEDGE AND SKILLS ASSESSED
IN THE SELECTION PROCEDURE, MODES OF THEIR
VERIFICATION AND SELECTION CRITERIA FOR EMPLOYMENT
185
Please note that the Regulation on Classification of Posts of Employment and Measures to
Describe Jobs of Civil Servants and the Regulation on Classification of General Service Posts are
not included in this compilation of laws
FOREWORD
This publication contains the Civil Service Act and subsidiary instruments thereunder. In addition, there are comments made by the experts that
were involved in the drafting of the previously mentioned regulations governing the Civil Service system of the Republic of Serbia. The Republic
Legislation Secretariat, supported by foreign and national experts, engaged
within the framework of two projects of the European Agency for
Reconstruction (EAR), drafted the said statute and regulations. The first project, “Support to the Ministry of State Administration & Local Government of
the Republic of Serbia” (in short: PARiSR – Public Administration Reform in
Serbia) commenced in May 2003 and ended in April 2005. The ongoing
“Technical Assistance for the Preparation and Implementation of
Administrative Legislation – Phase II – the Republic of Serbia” project started
in September 2005 and will end in March 2008. Improvement of the state
administration system and easy embracement of the new civil service system was and still is the goal of both projects.
The initial attempts to outline the Bill on Civil Servants (the provisional title was then the Bill on Public Servants) were made in the summer and
the beginning of fall 2003 under the auspice of the Ministry of State
Administration & Local Government, represented in the working group by
Ms. Jasmina Damjanovi}. The PALGO Center and its expert team supported
these efforts. On behalf of the PARiSR team, there were eminent experts for
public administration reform: Prof. Gorazd Trpin, LL.D, an Administrative Law
professor from the Ljubljana Law School, docent Slobodan Duji}, LL.D, international expert for public administration as well as the Director of the Insitute
for Project Consultancy of Ljubljana, docent Erik Ker{evan, LL.D, an Assistant
Professor at the Ljubljana Law School, and Samo Godec, LL.M, EAR project
team leader, all of them from Slovenia.
Because of the forthcoming parliamentary elections in Serbia, the
work on outlining the bills slackened significantly until the formation of the
new Government. Following the creation of the Government, in the early
spring of 2004, Mr. Zoran M. Balinovac was appointed the Principal of the
Republic Legislation Secretariat. Soon thereafter, Ms. Jasmina Damjanovi}
was appointed as Mr. Balinovac’s deputy. Under their leadership, the work
6 | Samo Godec, LL.M | FOREWORD
on drafting the Bill on Civil Servants quickly resumed. At that time, the
PARiSR Steering Committee decided to admit the Republic Legislation
Secretariat to the project as the second beneficiary. New drafts, significantly improved in comparison to the 2003 ones, were produced in the summer
of 2004 with support and advice of Professor Gorazd Trpin and Samo Godec.
In the fall of 2004, talks with other organizations providing technical lawmaking support, SIGMA and the World Bank before all, commenced regarding the draft bills. At that time, Edmond Mileti}, an expert on the civil Service
of Croatia, joined the PARiSR team.
In Belgrade, in November 2004, the Republic of Serbia Government
and the PARiSR team jointly organized a conference under the topic “The
Reform of the Government and State Administration in the Republic of
Serbia” where the bills pertaining to the state administration reform, including the outline for the Bill on Civil Servants, were shown. The drafters of the
said bill, professors from law schools of Belgrade, Novi Sad, and Ni{, as well
as the representatives of international organizations and state authorities
took part in the ensuing debate.
The industrious activities to draft new versions of the Bill continued in
early 2005, particularly through frequent gatherings of a joint working
group with the representatives of SIGMA, led by Ms. Anke Freibert, the
Programme Manager for the CARDS Region. The draft bill was practically
finalized by the mid spring of 2005 when the PARiSR ended. Then the
Republic Legislation Secretariat took over the inter-ministerial harmonization of the text. The Government adopted the Bill on Civil Servants at its 78th
session of June 17th 2005.
During the summer of 2005, simultaneously with the parliamentary
procedure to pass the Civil Servants Act, Ms. Jasmina Damjanovi}, the
Deputy Republic Legislation Secretary, assisted by two SIGMA engaged
experts (Edmond Mileti} and Samo Godec) commenced her work on outlining certain pieces of secondary legislation to be based on the new act (conducting internal and public job competitions, standards of professional
qualifications, recruitment criteria, methods of verifying professional qualities of civil servants, human resources planning, etc.).
The new EAR project “Technical Assistance for the Preparation and
Implementation of Administrative Legislation – Phase II – Republic of Serbia
(in short: DIAL – Drafting and Implementing Administrative Legislation)
kicked off with the passage of the Civil Servants Act in September 2006. The
DIAL team comprises the international experts that were engaged on the
PARiSR project (Godec, Trpin, Mileti}, Duji}) as well as new ones (HansAchim Roll, LL.D, of Germany, Tullio Morganti of Italy, [tefka Korade Purg of
Slovenia). As the Civil Servants Act fixed the start of its application for July
1st 2006, the DIAL project activities have been directed toward the application of the subsidiary instruments under the Act and the training of civil servants on the new regulations.
In the fall of 2005, a series of draft regulations and other acts were prepared on the basis of the Civil Servants Act, all of that under the leadership
Samo Godec, LL.M | FOREWORD | 7
of Ms Jasmina Damjanovi} of the Republic Legislation Secretariat. As the
first in line, the Regulation on Establishment of the Human Resources
Management Service was passed at the 106th session of the Republic of
Serbia Government, on December 1st 2005. The regulation governs the
responsibilities of the central governmental authority to manage personnel
affairs in the state administration and the governmental services.
Thereafter, The Regulation on Classification of Posts of Employment and
Measures to Describe Jobs of Civil Servants was passed at the 111th session of
the Republic of Serbia Government, on November 29th 2005. The EAR
“Reform of the Pay System” project assisted in the preparation of the said
regulation, and the DIAL team was present there through Tullio Morganti.
The same applies to the Regulation on Classification of Posts of
Employments of General Service Employees, which the Government passed
at its 113th session of January 19th 2006. The very important Regulation on
Conducting Internal and Public Competitions for Filling Posts of
Employment in the State Administration Authorities, drafted with the help
of [tefka Korade Purg, an expert on civil service system from Slovenia and,
at the time, the acting Director of Public Administration Directorate within
the Ministry of Public Administration of the Republic of Slovenia, was
passed at the 112th session of the Republic of Serbia Government, on January
12th 2006. Similarly, the Regulation on Development of the Human
Resources Plan by the State Authorities, which is closely linked to the preparation of the state budget and whose making [tefka Korade Purg helped as
well, was passed by the Government at its 116th session of January 26th
2006. The last in the list, the Regulation on Appraisal of Civil Servants, governing advancement and career planning of civil servant, was drafted with
the help of Hans-Achim Roll, a prominent German expert for administrative
law and organization of state administration. The Government passed the
said regulation at its 117th session of February 2nd 2006. At the end of the list
of regulations there is a Rulebook on professional qualifications, knowledge
and skills assessed in the selection procedure, modes for their verification
and selection criteria for the employment passed by the High Civil Service
and drafted by Jasmina Damjanovi} and [tefka Korade Purg.
The idea to publish a kind of publication like the present one emerged
simultaneously with the drafting and adoption of the aforementioned regulations. The purpose is to have all the regulations governing the new governmental and state administration system in one place together with the
explanatory articles of their authors, and all of them in two languages,
Serbian and English. The English translations of the statutes and subsidiary
instruments done by Aleksandra ^avo{ki, LL.D, and Dejan Vuruna, LL.M,
local DIAL experts, are particularly valuable.
In the first part of the book, there is an article on the very Civil Servants
Act by Ms. Jasmina Damjanovi} who was, on behalf of the Republic Legislation
Secretariat, the chief initiator and creator of all the pieces of legislation during
the last three years. I would like to point out that the article was written prior
to the adoption of the new constitution of the Republic of Serbia. That is why
8 | Samo Godec, LL.M | FOREWORD
all the citations refer to the old constitution. However, I think this does not
diminish the relevance of her text. Edmond Mileti}, one of the main co-authors
of the very Bill on Civil Servants also gave his contribution to this book on the
new civil service system in Serbia. The articles by [tefka Korade Purg and
Hans-Achim Roll, relates to three most significant regulations that the authors
helped creating.
By publishing this book, together with the book titled “The
Government and the State Administration System in the Republic of Serbia”,
DIAL, with EAR support, continues its activities aimed at campaigning for
the state administration reform. In the same context, the “Manual on
appraisal of civil servants” by Hans-Achim Roll has been already published
and other manuals pertaining to other essential elements of the new civil
service system (human resources planning, internal and public job competitions, etc.) will follow. The manuals, books and other publications will serve
as an aid in the training of civil servants, the recently established Human
Resources Management Service being responsible therefor, as well as a
direct assistance to all civil servants, particularly managing ones, while
being involved in personnel procedures.
The passage of the legislative framework governing the civil service of
Serbia is a key step in the reform process, which places Serbia in the forefront
position among the reformist countries of the region. Now a more challenging and difficult task lies ahead – a proper implementation of the new regulatory framework. The authors of the texts in this book wish this publication
to help an easier implementation of the new civil service regulations.
Samo Godec, LL.M
Team Leader
OVERVIEW
OF THE CIVIL
SERVANTS ACT
JASMINA DAMJANOVI]
Jasmina Damjanovi}, former Deputy Director of Republic Secretariat for Legislaton, recently
appointed as the Director of the Human Resorce Management Service of the Government of
the Republic of Serbia
CIVIL SERVANTS
AND GENERAL SERVICE EMPLOYEES
The Notion of Civil Servant and the General Service Employee - In comparative law it is accepted as a concept that civil servants provide their services in the field of state administration and their status is regulated by a special law. The general labour legislation does not apply to them. The reasons
for this are the specificity of their tasks, the fact that these tasks are performed in the public and not in the private interest and these tasks influence
the exercise of citizens’ constitutional rights. The state is responsible for the
performance of these tasks in accordance with the principles that are part of
constitutional and administrative law. Therefore, the state must ensure an
efficient, professional and impartial administration. The recruitment and
promotion of civil servants based on merit, their professional stability and
protection from political influence are some of the questions that are explicitly regulated by this act. This statute is the path to the creation of a professional, expert and efficient administration.
In member states of the EU, there is no unique model for determination
of the set of civil servants. In some countries, this notion entails most of those
employed in administration, while in other countries civil servants to whom
the special regime applies are only those whose tasks are directly connected
with the application of public legal powers and protection of the general
state interest. The division of civil servants and general service employees is
important from the aspect of availability of job posts in state administration
to the nationals of all member states of the European Union. The principle of
free movement of workers throughout the member states entails that tasks
in the public sector must be available to all citizens of the EU in any member
state; the exceptions are tasks directly connected with the application of public legal powers and protection of general state interest. To execute such
tasks employees must be nationals of the relevant member state.
Therefore, the Civil Service Act divides employees in state authorities
between civil servants and general service employees. The same as in comparative law, the division is based on differences between tasks of civil servants and general service employees. A civil servant is a person whose job
description includes tasks from the domain of the state authorities; a gener-
12 | Jasmina Damjanovi} | OVERVIEW OF THE CIVIL SERVANTS ACT
al service employee performs tasks of general nature that may also be performed in the private sector. The status of civil servants is linked to the public legal component, for the execution of power, while the status of general
service employees is not. The general labour law and the Special Collective
Bargaining Agreement applies to rights and obligations of general service
employees unless otherwise is prescribed by the Civil Service Act (Article 4
paragraph 3).
Civil servants are employees whose job positions consist of tasks
from the scope of work of state authority and related general legal, IT,
financial, accountancy and similar tasks (Article 2, paragraph 1). General
Service Employee is an employee who performs auxiliary technical tasks
(drivers, cleaning ladies, employees in photocopy shops) – (Article 2, paragraph 3). The set of those who are general service employees may be partly observed from the aspect of the former Act on Employment Relations
in State authorities. According to that act, employees in state authorities
were divided between those who obtained ranks and those who worked
in professions. By analyzing the professions it may be concluded that job
positions that were performed as professions now became general service employee job positions, but not only those job positions. It may be
expected that in future the set of civil servants shall be limited and connected only to job positions whose tasks are directly pertinent to the execution of power and that the category of general service employee job
positions is increased.
Who is not a Civil Servant - The Civil Servants Act directly or indirectly determines the set of persons who are not civil servants but officials. Civil
servants shall not be the following: members of the Parliament, the President
of the Republic, the Constitutional Court justices, members of the
Government, judges, public prosecutors and deputy public prosecutors, and
other persons elected to an office by the National Assembly or appointed by
the Government, as well as persons ranked as officials pursuant to separate
regulations (Article 2, paragraph 1). Besides officials who are explicitly enumerated by law, persons appointed by the National Assembly (Trustee for
Public Information, Protector of Citizens Rights, and members of the Republic
Board for Resolving Conflict of Interest) also do not have the status of civil servants. The same applies to those appointed by the Government (State
Secretaries and the Secretary General of the Government). By respecting the
constitutional rights of self-organisation of the National Assembly, the
President of the Republic and the Constitutional Court, it is prescribed that
the status of civil servants does not apply to “persons who, according to general legislation, do not have the position of an official”. Practically, it means
that the aforementioned state authorities may by their acts, determine who
has the status of an official and the status of a civil servant.
Employer – The Republic of Serbia is the employer of civil servants and
general service employees; the Principal Officer of a state authority administers the rights and obligations of the employer in the name of the Republic of
Serbia (Article 3). Determination of Serbia as the employer enables the conti-
Jasmina Damjanovi} | OVERVIEW OF THE CIVIL SERVANTS ACT
nuity of the employment relationship during the reassignment of a civil servant from one to another state authority. The transfer from one to another
state authority is done by reassignment and not by termination of employment relationship in one state authority and by commencement of a new
employment relationship in the other state authority.
Scope of Application of the Statute – The Civil Servants Act applies to
persons employed in state administration authorities, courts, public prosecutors’ offices, Republic Public Attorney’s Office, services of the National
Assembly, President of the Republic the Government and the Constitutional
Court and the services of authorities whose members are elected by the
National Assembly. Under the “state administration authorities” the following is understood: ministries, special organization, authorities integrated
within the ministries as well as the support services of administrative districts) (argument from Article 41, paragraph 4 of the State Administration
Act, according to which the state administration law applies to “support
service of an administrative district”).
Nature of the Act - Civil Servants Act is a special law (lex specialis). The
general labour law (as lex generalis) and the Special Collective Bargaining
Agreement for Civil Service shall apply to the rights and obligations of civil
servants that are not governed by this or another statute or other regulation
(Article 4, paragraph 1). Bearing in mind that some rights and obligations of
civil servants may be regulated in a different manner than in manner prescribed by the Civil Servants Act (Article 1, paragraph 2), it derives that there
may be some more «special» acts than the Civil Servants Act. The application of the Civil Servants Act to general service employees is narrower: the
general labour law and the Special Collective Bargaining Agreement applies
to the rights and obligations of general service employees, if it is not otherwise stipulated by the Civil Servants Act or some other statute (Article 4,
paragraph 3).
The Main Principle Governing the Work of Civil Servants - The principle of
performance of civil servants is based on European standards. Above all, it is
the principle of legality of work of civil servants (Article 5, paragraph 1). The
principle of legality is a constitutional principle and imposes the execution of
tasks on the basis of and within the Constitution, laws and other regulations.
A civil servant shall be obliged to act in conformity with professional rules,
impartially and politically neutrally (Article 5, paragraph 1), and at work
he/she must not express his or her political beliefs (Article 5, paragraph 2). The
application of the aforementioned principles should develop professionalism,
objectivity and quality of work of civil servants and provided them with guarantees for preservation of professional integrity.
A civil servant shall be accountable for lawful, professional and efficient
discharge of his/her functions (Article 6). The responsibility makes civil servants perform their work in worthy and efficient manner. All vacancies in a
state authority shall be available to all candidates for employment under
equal conditions (Article 9 paragraph 1). The selection of the candidates shall
be based on their professional qualifications, knowledge and skills (Article 9,
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14 | Jasmina Damjanovi} | OVERVIEW OF THE CIVIL SERVANTS ACT
paragraph 2). The advancement of a civil servant shall depend on his/her professionalism, performance, and needs of a state authority; promotion to the
higher ranking position is possible only if there is a vacant job position (Article
10, paragraph 1). All civil servants are equal when decisions on their promotion,
rewarding and legal protection are being made (Article 11).
RIGHTS AND OBLIGATIONS OF CIVIL SERVANTS.
CONFLICT OF INTEREST
The specificity of the legal regulation of the employment relationship of
a civil servant to some extent entails giving privileges to their status in comparison to the status of employees in the private sector which derive either from
the status of a civil servant or from his or her tasks. However, on the other hand,
civil servants are restricted in a way which does not exist in the private sector
and which derives either from the status of a civil servant or from his or her
tasks. All comparative legal systems separately regulate the rights and obligations of civil servants. The reason for this is the nature of relationship between
a civil servant and the state in tasks performed by civil servants.
Rights of Civil Servants - A civil servant shall be entitled to: a working environment wherein neither his/her life nor health would be endangered, technical
and other means he/she needs to work, and protection from threat, assault and
other forms of endangering his/her safety at work (Article 12). He/she has the
right to salary, compensation and other emoluments in accordance with a special statute (Article 13). A civil servant has the right to vacation and leave pursuant to the general labour law and the Special Collective Bargaining
Agreement; annual vacation for a minimum of 20 and a maximum of 30 workdays pursuant to the criteria set forth in the Special Collective Bargaining
Agreement (Article 14). A civil servant has the right to membership of trade
unions and/or professional societies (Article 15). A civil servant shall have the
right to appeal a decision whereby his/her rights and duties are determined
unless this statute explicitly rules this out (Article 16, paragraph 1). The presumption is that the submitted appeal stays the execution of a ruling only when prescribed by the Civil Servants Act (Article 16, paragraph 3).
Obligations of Civil Servants - A civil servant is obliged to execute his/her
superior’s order except when he/she (the civil servant) deems that the order is
contrary to the law (Article 18). In order to meet a temporary rise of activities or
to substitute an absent civil servant and upon a written order by his/her superior, a civil servant shall be obliged to execute tasks not specified in his/her job
description if he/she satisfies the requirements for the job (Article 20, paragraph
1); the execution of these tasks may not last more than 30 working days (Article
20, paragraph 2), except if the civil servant is required to replace another civil servant or the post is vacant (Article 20, paragraph 3). In case of exceptional circumstances a civil servant must work as long at a post lower in rank than his/her
own as the underlying circumstances exist (Article 21).
Jasmina Damjanovi} | OVERVIEW OF THE CIVIL SERVANTS ACT
Rules Related to the Conflict of Interest - A civil servant must not
accept any gift, other favour or benefit in relation to the discharge of
his/her official duties, for either himself/herself or other person (Article 25,
paragraph 1). A civil servant must not use his/her position in a state authority to exercise influence on his/her or related persons’ rights (Article 25,
paragraph 2). It concerns the anti corruption rules in relation to public officials discharging public duties. They are prescribed by the Act on
Prevention of Conflict of Interest. Thus, the set of connected persons, the
notion of gift, gifts of protocol nature, and gifts of small value, as well as
what to do with received gifts is regulated by the Act on Prevention of
Conflict of Interest in Discharge of Public Function (Article 25, paragraph 3)
and by laws based on this statute.
Generally speaking, in regard to the conflict of interest civil servants do
have, to some extent, a different status from public officials. Subject to a written consent by the Principal, a civil servant may work for other employers
outside his/her work schedule provided that the outside work: is not prohibited by a statute or other regulation, does not create prospects for conflict of
interests, or does not affect impartiality in discharging his/her duties (Article
26, paragraph 1). The Principal’s permission shall not be needed to: carry out
outside scientific research, publish copyrightable materials, or work with cultural and artistic, humanitarian, sports and similar institutions. Nevertheless,
the Principal may forbid this work if it prevents or impedes the Æregular] work
of a civil servant or damages the reputation of the state authority (Article 26,
paragraph 2). These rules apply to all civil servants, also for those who work
in appointed position (directors of special organisations, assistant ministers,
secretaries of ministries, directors of the integrated authorities, etc).
The rule of anti corruption nature is the ban for a civil servant to establish a commercial entity or public service or perform entrepreneurial activities (Article 28, paragraph 1). The performance of entrepreneurial activities
and establishment of a company or a public service may result in the stipulation of a measure of termination of the employment relationship to a civil
servant (Article 109, paragraph 9 and article 110 paragraph 3). The statute
governing the prevention of conflict of interests in the discharge of public
functions shall apply to conveyance of the managerial powers in a commercial entity to civil servants (Article 28, paragraph 2). It is forbidden for civil
servants and public officials to be members of managerial bodies of legal
persons unless appointed to it by the Government or other state authority in
accordance to a special regulation (Article 29).
In order to enable decision-making on his/her recusal, a civil servant
must inform his/her immediate superior in writing about each interest that
he/she or a person related to him/her may have in relation to any state
authority act in whose issuance he/she participates, which does not affect
the rules on recusal prescribed by the statute governing the general administrative procedure (Article 30).
The issue of conflict of interest of civil servants in appointed positions (directors of special organisations, assistant ministers, secretaries of
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16 | Jasmina Damjanovi} | OVERVIEW OF THE CIVIL SERVANTS ACT
ministries, directors of integrated authorities, directors of government services) is regulated by special law (Article 31). It concerns those civil servants
whose job positions, according to former regulations were considered as
positions of officials and were subjected to the Act on Prevention of Conflict
of Interest in Discharge of Public Function. Since those job positions are not
functions any more the question of further application of the aforementioned statute was raised. Two solutions were possible. The first option was
not to apply this statute to them (since they are not officials anymore but
civil servants); the secondly option was to stretch the application of this
statute to them. The Civil Servants Act accepted the latter solution. Besides,
the statute prescribed two bans which the Act on Prevention of Conflict of
Interest in Discharge of Public Office does not cover: the ban to work additionally (under the condition that it may provoke conflict of interest) and
ban to establish a company, public service and perform entrepreneurial
activities. Thus, it is prescribed that laws and other regulations regulating
the conflict of interest in discharge of public function shall apply to civil servants in appointed positions, as well as the rules of the Civil Servants Act
concerning the ban on additional work and ban to establish a company,
public service and perform entrepreneur activities. In both cases the sanction is the dismissal from the position.
TYPES OF CIVIL SERVICE JOBS
Division of Job Positions - Depending on the complexity of duties,
powers and responsibility, all civil service positions shall be assorted as
either appointed or executorial ones (Article 32, paragraph 1). An appointed
position is a post where a civil servant has powers and responsibilities pertinent to directing and coordinating work in a state authority (Article 33,
paragraph 1). The remaining job positions are executive job positions,
including job positions of officers of subordinate organisational units in
state authorities such as heads of divisions in state administration, etc
(Article 35, paragraph 1). Although the status of civil servants in appointed
positions and civil servants in executive positions in principle does not differ, some differences do exist. One of the main differences is the manner of
recruitment. The job position in appointed positions is always based on the
act of appointment – when it concerns the appointed positions in state
administration authorities and services of the Government the act is
passed by the Government. In other state authorities the competence for
the appointment depends on the act that regulates the work of those bodies. On the other hand, the work in executive positions is based on the internal acts of principals of state administration authorities and services of the
Government or managers of the service of the National Assembly, the
President of the Republic and the Constitutional Court (ruling on transfer or
commencement of employment relationship).
Jasmina Damjanovi} | OVERVIEW OF THE CIVIL SERVANTS ACT
Appointed Positions - Appointed positions are the highest job positions in which a person may work in the capacity of a civil servant and
which are subjected to promotion. In state administration authorities the
following positions shall become appointed positions: assistant minister,
secretary of a ministry, director of the integrated authority, director of a special organisation, deputy and assistant of the director of a special organisation and the head of an administrative district. The statute prescribed that
the following positions are appointed positions: director of a government
service, deputy and/or assistant director of a government service, deputy
and/or assistant of the Government Secretariat General, the Republic Public
Attorney, the Deputy Republic Public Attorney (Article 34, paragraph 1).
Appointed positions in the courts and public prosecutors’ offices shall be
specified by acts of the Supreme Court of Serbia and the Republic Public
Prosecutor respectively. As for other state authorities the statute resolved
this issue by applying the principle of their right to self-organisation. Those
authorities determine who keeps the current status of officials and who is
not subjected to this statute (Article 2, paragraph 2) and which appointed
positions do not exist (Article 34 paragraph 2).
Executorial Positions - Executive positions shall be assorted into ranks
(Article 35, paragraph 2). The allocation is based on the complexity of duties
and responsibility, knowledge and skills required and working environment.
Although the statute kept the term rank which existed in the former Act on
Employment Relations in State Authorities, in this statute the term has a different meaning. According to the Act on Employment Relations in State
Authorities the ranks expressed the professional capabilities of the employee
and his/her capacity to perform tasks of certain complexity. Between the rank
of an employee and tasks of a job positions there was no relationship; thus, in
practice the final result was the fact that salary did not reflect the complexity
and responsibility of tasks. The classification system of job positions prescribed by the Civil Servants Act is targeted at the creation of preconditions for
rewarding and promotion based on tasks that a civil servant performs and its
working experience as the second criteria. Ranks are no longer acquired by
civil servants but are linked to the tasks of the job position. The ranks are the
following: Senior Counsellor, Independent Counsellor, Counsellor, Junior
Counsellor, Associate, Junior Associate, Clerk, and Junior Clerk (Article 35, paragraph 3). Ranks of Senior Counsellor, Independent Counsellor, Counsellor,
Junior Counsellor require university degree, Associate, Junior Associate diploma and Clerk, and Junior Clerk secondary school diploma.
Job Classification – The Government, by using its legal powers, passed
the Regulation on Job Classification and Criteria for Civil Servants Job
Description; the regulation applies to state administration authorities, services of the Government, courts, public prosecutors’ offices and Republic
Public Attorney’s Office (Article 44, paragraph 1).
The regulation classified civil servants appointed by the Government
into five groups: the appointed position in the first group is the position of
the director of a special organisation; the appointed positions in the second
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group are the director of integrated authority, deputy director of the special
organisation, the deputy of the Secretariat General of the Government,
director of the Service of the Government who is responsible to the president of the Government and the Republic Public Attorney; the appointed
positions in the third group are the secretary of a ministry, assistant minister, deputy of the Republic Public Attorney, secretary of the Supreme Court
and the secretary of the Republic Public Prosecutor’s Office; the appointed
positions in the fourth group are the assistant director of the special organisation, assistant of the Secretary General of the Government, assistant
director of the service of the Government who is responsible to the
President of the Government and the deputy director of the service of the
Government who is responsible to the Secretary General of the
Government; the appointed position in the fifth group are the assistant
director of the integrated authority, assistant director of the Service of the
Government responsible to the Secretary General of the Government and
the head of the administrative district.
Executive job positions are classified in corresponding ranks by applying
criteria for evaluation of job position to description of job tasks and following
that the determination of rank which best correspond to a job position. Executive
positions shall be assorted into ranks depending on the complexity of duties,
independence, responsibility, business communication and capabilities.
The Regulation prescribed what is entailed in each criterion for the
appraisal of the executive job position. Complexity criterion expresses the
level of generality of rules on which these tasks are based, the freedom of creativity and the use of new methods in work whether the tasks are performed
in accordance with precisely defined rules and to what extent a civil servant is
free in preparation of rules. Independence criterion in work expresses to what
extent a task is performed according to general or individual guidelines of a
principal and with his or her supervision. Criterion of responsibly expresses
the extent to which tasks influence the achievement of authority’s objective,
which primarily entails the responsibility for its own tasks and decision-making, but may include responsibility for managing the subordinate internal
organisational unit. The criterion of business communication expresses the
types of contact in work and their importance to the achievement of objectives in work of an authority – whether it concerns the communication only
with other civil servants within the organisational unit or tasks entail different contacts outside the state authority which may influence the working
objectives. The criterion of capacities expresses knowledge, working experience and skills needed for efficient work at the job position. It may not be
determined by by-law on internal organization and staffing table of the civil
service (hereafter: by-law), services of the Government, expert services of
administrative districts and in Republic Public Attorney’s Office more than 10
per cent of civil servants in the rank of Senior Counsellor nor more than 20 per
cent in the rank of Independent Counsellor.
Positions and tasks in other state authorities shall be categorized by
their own acts (Article 44, paragraph 2).
Jasmina Damjanovi} | OVERVIEW OF THE CIVIL SERVANTS ACT
FILLING VACANCIES
Employment Requirements – An adult citizen of Serbia & Montenegro
that satisfies the required professional qualifications and other requirements prescribed by a statute, other regulation or the bylaw on the internal
organization and staffing table, may be employed as a civil servant unless
his/her [prior] employment with a state authority was terminated due to a
grave breach of employment relation duties and/or he/she was convicted of
imprisonment exceeding six months (Article 45, paragraph 1). Besides, a university degree and at least nine years of relevant professional experience
shall be required to hold an appointed position (Article 45, paragraph 2). In
determination of working experience required for the employment in
appointed position, the requirements needed for work in executive job positions in the highest rank and requirements for promotion were taken into
account.
Requirements for Filling Vacant Job Positions - The posts of employment, number of civil servants required at a given post of employment,
requirements for work in all the posts in a state authority shall be specified
by a by-law on the internal organization and staffing table of a state authority (Article 46). In order to begin the filling of a vacant job position it is not sufficient to prescribe a job position by by-law; it is necessary to ensure that the
filling of a vacant job position, whether an executive or appointed one, is in
accordance with the passed human resource plan (Article 47, paragraph 1).
The Human Resource Plan determines, for each state authority and each
budget year, the number of job positions that may be filled during the year,
depending on the means provided in the budget of the Republic of Serbia.
Thus, on one hand, different instruments influence the introduction of practice of planning, human resource needs in state authorities and on the other
hand, disallow the recruitment of greater number of civil servants than the
number corresponding to the planned budget means for this purpose. The
mode of filling vacant job positions depends on whether the executive or
appointed job position is filled. A vacant executorial position is filled either by
reassignment within the same or from another state authority when the
selected candidate is already a civil servant or by establishing employment
relationship when the selected candidate is not a civil servant (Article 48,
paragraph 1). A vacant appointed position is always filled by appointment
(Article 48, paragraph 2).
Filling Executive Job Positions - The priority in filling of executive job
positions is given to the transfer/reassignment of civil servants from the
same state authority. The transfer may be followed by promotion of a civil
servant, if the requirements are met, although it is possible without the promotion of a civil servant (Article 49, paragraph 1). The legal basis of the transfer with promotion is the provisions regulating the legal requirements for
promotion to the immediate higher job position (Article 88). The transfer
without promotion entails the transfer from the job position whose tasks
are in the same rank as tasks of job positions to which a civil servant is trans-
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ferred. The legal basis for transfer without promotion is the provision on
transfer due to the operational needs (Article 92).
If a Principal decides not to fill the vacancy by reassigning a civil servant from the state authority he or she manages, an internal competition
may be conducted. If an internal competition was neither conducted nor
successful, a compulsory public competition must be conducted (Article 49,
paragraph 2). A public competition shall be compulsory to fill an executorial
vacancy in a state administration authority and/or service of the
Government (Article 50, paragraph 1). In other state authorities an internal
competition may be conducted but it is not compulsory: the Principal of the
state authority may decide, instead of holding a competition immediately,
to hold a public competition. If the public competition is unsuccessful, the
post shall remain vacant but the Principal may decide to conduct a new public competition (Article 49, paragraph 3).
Internal Competition – Internal competition is the instrument which
enables the promotion of civil servants within the state administration system as a whole. At the same time, it is the instrument which should enable the
use of personnel potentials of state administration, to proceed to the recruitment through public competition. Internal competition is the characteristic of
the career systems such as the German, French and other systems. The career
system enables “vertical” promotion to higher job position within the hierarchical system without conducting public competitions. Internal competition
as the exception from the principle of public competition represents a special
advantage for promotion of civil servants.
Only civil servants from state administration authorities and/or services at the same rank as the vacant position or are “unassigned” shall have
the right to participate in the internal competition (Article 50, paragraph 2).
A civil servant working in job position in lower rank may participate in the
internal competition for filling the job position in a higher rank only if
he/she meets the requirements for promotion to that job positions. Subject
to conditions laid down in a Government regulation, a preliminary internal
competition may be conducted solely within the state administration
authority or service of the Government where the vacancy is positioned
(Article 50, paragraph 3). The Human Resources Management Service shall
advertise the internal competition (Article 50 paragraph 4). A selection panel
administers an internal competition and the Principal shall appoint the
members of the panel.
A ruling on reassignment shall always be issued following a successful
internal competition and its content shall depend on whether the selected
candidate is from the relevant or another state authority (Article 52, paragraph
1). When the selected candidate comes from the same state authority, the
Principal shall issue the decision on his/her reassignment from one to the
other position. When the selected candidate is from another state authority,
the Principal shall issue a decision on the transfer to his/her own (the
Principal’s) state authority (Article 52, paragraph 2). The passing of a ruling on
reassignment even if the selected candidate is from the state authority (and
Jasmina Damjanovi} | OVERVIEW OF THE CIVIL SERVANTS ACT
not the ruling on employment) is the logical consequence of the fact that the
Republic of Serbia is the employer of all civil servants (and not the state
authority in which a civil servant works).
If the selection panel finds none of the candidates has satisfied the
selection criteria, the internal competition shall be [declared] unsuccessful
(Article 53, paragraph 1). Criteria for selection in the procedure conducted for
filling executive job positions in state administration authorities and services of the Government are prescribed by the Regulation on professional qualifications, knowledge and skills in the selection procedure, modes of their
verification and criteria for selection to job positions, passed by the High
Civil Service Council (Article 164, paragraph 2).
The provisions on a public competition under this statute excepting
those on modes of job advertising and application periods shall apply to an
internal competition (Article 53, paragraph 2). It means that rules on selection procedure and on responsibilities of the principal of a state authority to
select one candidate from the list, regulated within the institution of the
public competition shall be applied to the internal competition.
Public Competition - A public competition for filling executive job positions in state administration authorities and services of the Government are
conducted if the internal competition failed. A public competition is advertised in “The Official Herald of the Republic of Serbia” and a daily newspaper
distributed throughout the Republic of Serbia and shall also forward the
vacancy notice to the agency in charge of employment (Article 54, paragraph
1). The application period may not be shorter than 15 days [starting] from the
day of publishing the vacancy notice in “The Official Herald of the Republic of
Serbia” (Article 55, paragraph 2).
As is the case in an internal competition, the public competition for
filling an executive job position is administered by a selection panel
appointed by the principal of the state authority (by rule it is the same panel
which conducted the internal competition) in which one member must be a
civil servant employed in Human Resource Management Service (Article 54,
paragraph 2 in connection with Article 51, paragraph 2). The objective of the
selection panel is to examine timely submitted applications and evidence
enclosed with the application, to prepare a list of candidates who meet
requirements for employment in the job position and to conduct a selection
procedure (Article 56, paragraph 1). In the course of the selection procedure,
the score of each candidate shall be determined pursuant to the prescribed
selection criteria by evaluating his/her professional qualifications, knowledge and skills (Article 56, paragraph 2). A selection procedure may be carried through several stages or by written examination, interview or [any]
other appropriate manner (Article 56, paragraph 3). The objective of the
selection procedure is the gradual selection of candidates in order to choose
the best one. The criteria for selection in the procedure conducted for filling
executive job positions in state administration authorities and services of
the Government are prescribed by the Regulation on professional qualifications, knowledge and skills in the selection procedure, modes of their verifi-
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cation and criteria for selection to job positions, passed by the High Civil
Service Council (Article 164, paragraph 2).
The selection panel shall put the candidates who have satisfied the
prescribed selection criteria with the highest scores on a shortlist, and [then]
transmit the list to the Principal. The Principal must select a candidate from
the shortlist (Article 57, paragraphs 1 and 2). If the selected candidate is not a
civil servant, the Principal shall issue a ruling on his/her employment. If the
chosen candidate is already a civil servant, the Principal shall issue a ruling
on his/her reassignment in accordance with the provisions of this statute on
transfers following an internal competition (Article 57, paragraph 3).
The composition of selection panels, professional qualifications,
knowledge and skills that are to be evaluated during the selection procedure
and ways of their verification and the selection criteria shall be prescribed
by the Supreme Court of Serbia for the courts, by the Republic Public
Prosecutor for the public prosecutors’ offices, and for other state authorities
by the bodies designated in their respective acts (Article 61, paragraph 2).
Commencement of Work - The selected candidate must report to work
within 15 days from the day when the ruling on his/her employment i.e.
transfer becomes final, except when the Principal extends the deadline for
justified reasons (Article 58, paragraph 1). If the chosen candidate does not
report to work by the prescribed deadline, the ruling on his/her employment
i.e. reassignment shall be deemed to have never been issued and the
Principal shall be free to select another candidate from the shortlist (Article
58, paragraph 2). Thus, the repetition of the whole competition is not necessary if the chosen candidate gives up the employment.
Right of a Participant in a Competition to Appeal - The ruling on
employment or the ruling on reassignment is submitted to the participants
of the public competition. Any applicant shall have the right to appeal within eight days from the day the ruling was served, if he/she believes that
he/she satisfies the requirements for employment in the given position but
was not taken in consideration; or that the chosen candidate is not eligible
for employment in the given position; or that significant irregularities
occurred during the selection procedure that could have had an effect upon
its fair outcome (Article 59, paragraph 2). The appeal is submitted to the
competent Appeal Commission.
Fixed-Term Employment - Fixed-term employment may be established in
the following cases: in order to substitute a temporarily absent civil servant, until
his/her return; due to a temporary rise of activities that the existing number of
civil servants cannot meet, for a maximum of six months; for positions in the
cabinet, until the expiration of the officeholder’s term of office; in order to train
an intern, until the conclusion of the internship (Article 63, paragraph 1). The
fixed-term employment shall be established without an internal and public
competition. The absence of any competition prevents the conversion of the
fixed-term employment into the indefinitive employment (Article 63, paragraph
3). The acceptance of interns represents an exception from the rule the fixedterm employment is based on the absence of public competition. The public
Jasmina Damjanovi} | OVERVIEW OF THE CIVIL SERVANTS ACT
competition for interns is compulsory since the employment of an intern may be
converted into the indefinitive employment if there is a vacant job position and
if filling of a job position is in accordance with the passed Human Resource Plan
(Article 63, paragraph 2 and 3 and Article 106).
Probation - Probation shall be compulsory for all those who are to be
employed for the first time in a state authority and are neither interns nor staff
of the cabinet. Civil servants holding appointed position shall not be subjected
to probation (Article 64, paragraph 1 and 4). A probation period shall last for six
months in cases of indefinite employment. A probation period of up to two
months shall be compulsory in cases of fixed-term employment only if the
employment is to exceed six months (Article 64, paragraph 2 and 3). The immediate superior shall monitor a civil servant’s trial work. Upon expiry of the probation period, the superior shall submit to the Principal a written opinion on
whether the civil servant performed satisfactorily during the probation period
(Article 65). Employment of a civil servant who has not performed satisfactorily during the probation period shall terminate without severance pay
(Article 65, paragraph 2). It concerns the notice given by the employer (Article
130 paragraph 1 subparagraph 2), and the employment terminates when the
ruling becomes final (Article 130, paragraph 2).
Filling Appointed Positions - An internal or public competition shall
be conducted in order to fill [vacant] appointed positions (Article 66 paragraph 1). An internal competition shall be compulsory if the Government is
to fill a vacant appointed position (Article 66, paragraph 2). In authorities in
which the Government is not competent for appointment, the public competition may be immediately conducted; an internal competition is only a
possibility, while a public competition is an obligation (Article 66, paragraph
3). From the obligation of an internal or public competition there is an exception: following expiry of his/her term, an appointed civil servant may be
reappointed to the same position without a public or internal competition
(Article 67), upon the proposal of the one who is competent for appointment.
When the Government is to fill a vacant appointed position, the Human
Resources Management Service shall advertise an internal and/or public competition and a selection panel shall administer the competition. In each individual case, the High Civil Service Council shall designate the selection panel
from its own membership and from experts in certain fields, out of which one
may be a civil servant from a state authority in which the vacant appointed
position to be filled is (Article 68, paragraph 2). When the Government is to fill
a vacant appointed position, only those civil servants from state administration authorities and/or services of the Government that fulfil the requirements for promotion, who are [already] in appointed positions, whose term in
office has expired, who have resigned, or whose [appointed] positions have
been abolished, may take part in an internal competition (Article 69). The
selection panel shall administer the selection procedure; having completed
the selection procedure the selection panel shall list a maximum of three candidates who have satisfied the selection criteria with the highest scores and
shall send the shortlist to the Principal or another person competent to pro-
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pose the Government candidates for appointment (Articles 70 and 71, paragraph 1). The Principal of a state authority (the other competent person to propose to the Government a candidate for the appointed position) is not obliged
to propose the appointment of the candidate from the list submitted by the
selection panel nor is the Government obliged to appoint the proposed candidate (Article 71, paragraph 2). The rule applies to internal and public competitions. Thus, an internal competition shall fail if no candidate is proposed to the
Government for appointment or the Government does not appoint the proposed candidate (Article 72, paragraph 2). A public competition shall also be
conducted if the internal competition fails (Article 72, paragraph 1). If following
a public competition no candidate is proposed for appointment to the
Government or the Government does not appoint the proposed candidate, a
new public competition shall be conducted (Article 72, paragraph 3).
The provisions on internal and public competitions in the state
administration authorities and services of the Government under this
statute, except those on the composition of selection panels and the competences of the High Civil Service Council and the Human Resources
Management Service, shall apply accordingly to recruitment for [vacant]
appointed positions in other state authorities (Article 75, paragraph 1). The
composition of selection panels, professional qualifications, knowledge and
skills that are to be evaluated during the selection procedure and ways of
their verification and the selection criteria shall be prescribed by the
Supreme Court of Serbia for the courts, by the Republic Public Prosecutor for
the public prosecutors’ offices, and for other state authorities by the bodies
designated in their respective acts (Article 75, paragraph 2).
Termination of Duty in an Appointed Position - The Civil Service Act
prescribes reasons for termination of duty of a civil servant in an appointed
positions: his/her term of office expires; he/she files a letter of resignation
from the office; he/she assumes an office in a state authority, an authority
of an autonomous province or a local government; his/her appointed position is abolished; his/her employment terminates due to the mandatory
retirement age; his/her employment terminates by him/her formally
resigning from the civil service or he/she is dismissed (Article 76). The termination of duty due to the abolition of an appointed position and the reasons
for dismissal are regulated separately. An appointed position shall be abolished when the state authority is abolished and its competences are
assumed by another state authority or by none; if the state authority competences related to the appointed position are partially assumed by another
state authority; or the appointed position is abolished by adoption of a new
by-law or amendments to the existing by-law (Article 77). A civil servant in
an appointed position shall be dismissed if his/her employment is terminated due to: a conviction to imprisonment exceeding six months; a final ruling
prescribing a disciplinary sanction of termination of employment; a final
ruling assigning him/her an “unsatisfactory” grade upon a special performance appraisal; a measure of publishing recommendation for dismissal
issued by the Republic Committee for Resolving Conflicts of Interest or any
Jasmina Damjanovi} | OVERVIEW OF THE CIVIL SERVANTS ACT
other reason prescribed by the general labour law governing termination of
employment irrespective of the wishes of the employee or the employer
(Article 78, paragraph 1). A civil servant in an appointed position shall be also
dismissed if he/she has been issued two final non-consecutive rulings
assigning him/her the “unsatisfactory” mark (Article 78, paragraph 2).
Consequences of Termination of Duty in an Appointed Position - All
reasons due to which the termination of duty in an appointed position
occurs may be divided in two groups: reasons due to which the termination
of duty in an appointed position occurs but a civil servant keep his or her
civil servant status and reasons due to which the termination of duty occurs
due to termination of employment. The future status of a civil servant
depends on reasons due to which the termination of duty in an appointed
position occurred. A civil servant whose term of office expires, who resigns
from an appointed position or whose position is abolished by adoption of a
new by-law or amendments to the existing by-law shall have the right to
reassignment to another post within the same state authority, otherwise
he/she shall become “unassigned” with same rights and obligations as other
unassigned civil servants. In that case the termination of duty in appointed
position does not lead to the termination of employment.
A specific situation occurs when the duty in appointed position is terminated due to the abolition of a state authority or change in its scope of
work, whereby the tasks are taken over by another state authority. A state
authority that takes over the tasks shall have the obligation to conduct an
internal competition for filling the appointed positions upon passing of the
by-law on internal organization and a staffing table of the civil service,
while for civil servants in executive positions the principal only passes rulings on their reassignment. Besides, there are already civil servants who,
upon a conducted competition, are appointed for the execution of these
same tasks but in the state authority which is abolished or which lost part
of its competences. If the new By-law provides for the same or a similar
appointed position in the state authority assuming competences of an abolished one and he/she satisfies requirements of the new position, a civil servant whose appointed position is eliminated thereby shall have the right to
appointment to the new position [in the succeeding state authority] until
the expiration of his/her [initial] term of office. If there is no such position,
he/she shall have the same rights and obligations as if his/her duty ended
due to expiration of term of office (Article 81, paragraph 1). The same rights
and obligation belong to a civil servant whose duty in an appointed position
was terminated due to the fact that another state authority took over the
tasks of his or her state authority and those tasks are within the competence
of appointed position (Article 81, paragraph 2).
When a state authority is abolished and no other state authority
assumes the competences of the abolished one, a civil servant whose
appointed position is eliminated thereby shall become “unassigned”, with
equal rights and obligations as other unassigned civil servants (Article 81,
paragraph 3).
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A civil servant dismissed from an appointed position by reason of two
non-consecutive “unsatisfactory” marks shall immediately become “unassigned” (Article 80, paragraph 2), with the possibility of reassignment to
another state authority.
On the other hand, when the termination of work in an appointed
position is the consequence of termination of employment (retirement age,
termination of work in the case of written notice, emergence of a reason for
dismissal which occurs due to the termination of employment), a civil servant shall not be entitled to reassignment and nor shall he or she become
unassigned. It is logical since the right to reassignment or to the acquisition
of a status of unassigned civil servant shall only have a civil servant who is
employed.
Independently from reasons due to which the employment of a civil
servant in appointed position has terminated, the termination of work in
the appointed position shall be determined by a ruling passed by the state
authority or a body competent for the appointment of a civil servant in the
appointed position in the time limit of eight days from the emergence of
reasons due to which the termination of duty occurred (Article 79, paragraph 1). The ruling shall indicate the reasons for the end of duty in the
appointed position as well as the date when the duty ended. The ruling may
not be appealed but may be challenged in an administrative lawsuit (Article
79, paragraph 3).
Transitory Regime – The provisions of the Civil Servants Act that regulate termination of work in appointed positions shall not apply to appointed and chosen persons who are in the job positions that by law shall become
appointed positions. By appointment of civil servants they shall continue
their work according to rules that were valid on the date of their appointment, including rules for the case of termination of duty (Article 179, paragraph 1). It means that their duty shall terminate according to rules that are
valid at the time of appointment. In the case of termination of duty they
shall have the same right by the Act on Employment Relations in State
Authorities; they may be assigned to another executive job positions in the
same state authority which correspond to their professional qualifications
and meet those requirements; if they cannot be reassigned or refuse reassignment their employment shall terminate and they are entitled to a six
month salary.
A first competition for appointment to positions shall be conducted as
a public competition by 1 July 2007 (Article 180, paragraph 1). All public competitions for appointed positions should be done by 1 July 2007 (Article 180,
paragraph 1). Service of appointed persons whose posts are to become
appointed positions shall end by 1 July 2007, if by that date public competitions are not conducted for their job positions and those persons are not
appointed as civil servants (Article 180, paragraph 2).
Jasmina Damjanovi} | OVERVIEW OF THE CIVIL SERVANTS ACT
EVALUATING AND PROMOTING CIVIL SERVANTS
Appraisal - The appraisal of civil servants was prescribed by the Act on
Employment Relationship in State Authorities but its only purpose was the
determination of conditions for acquiring a higher rank. Due to certain deficiencies of legal provisions the appraisal was generally not conducted and
higher ranks were allocated just after fulfilling the requirements concerning
working experience. The promotion becomes only one of the objectives of
appraisal. The objective of the appraisal is to identify and eliminate deficiencies in the performance of civil servants, encourage civil servants to improve
their performance, and create conditions for proper decision-making on promotions and professional training [of civil servants] (Article 82, paragraph 1).
In the appraisal procedure the following shall be evaluated: results
achieved by performing the tasks attached to a position against pre-defined
goals; autonomy, creativity, initiative; precision and diligence at work; quality
of cooperation with other civil servants and other skills that are required for
the position (Article 82, paragraph 2). A civil servant shall be regularly
appraised once in a calendar year, not later than by the end of February of the
current year for the previous one. Civil servants managing state authorities,
civil servants who have worked for less than six months in a calendar year for
any reason, or civil servants with fixed-term employment shall not be
appraised (Article 83 paragraph 2). The marks shall be the following: “unsatisfactory”, “satisfactory”, “good”, “distinction”, and “outstanding distinction”
(Article 84, paragraph 1). The Principal shall assign a mark by a ruling (Article
84 paragraph 2) against which an appeal is allowed. The Regulation on
appraisal of civil servants regulates the procedure in detail.
A civil servant who has been assigned an “unsatisfactory” mark may
be referred to additional professional training. In any case, he/she shall be
appraised again after 90 days from the day when the ruling assigning
him/her the “unsatisfactory” mark becomes final (Article 85). In the special
appraisal a civil servant is not fully appraised, that is he or she can be graded only with the mark “unsatisfactory”. If a Principal of a state authority
believes that a civil servant is able to achieve results required for the mark
“satisfactory” in the forthcoming period, he or she shall write that in the
report on special appraisal and shall not pass any ruling nor shall determine
a grade to a civil servant (Article 42, paragraph 2 Regulation on appraisal of
civil servants). The employment of a civil servant who has been assigned an
“unsatisfactory” mark following a special appraisal shall terminate when
the ruling becomes final. The ruling prescribing the “unsatisfactory” mark
following a special appraisal shall also contain a statement on termination
of the employment of the concerned civil servant (Article 86).
Promotion - Promotion as a special form of rewarding civil servants
represents, above all, a possibility to move to a higher ranking position, as
well as the possibility of promotion at the same job position but with an
increased salary. Promotion is in direct connection with the openness of the
system in relation to persons from the private sector. The characteristic of
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the career systems is that the higher ranking positions are filled by those
who are already employed as civil servants, that is through the institution
of promotion of civil servants. In career systems the entry of persons from
the private sector to state authorities is limited to the lowest ranking positions and those job positions are the starting point for promotion. On the
other side, the characteristic of open (position) systems is that all job position from lowest to highest, are filled on the basis of public competition.
Completely open and closed systems do not really exist in practice.
Thus, by this statute the system having characteristics of both systems is
established. The internal competition for filling vacant job positions prescribed by this statute is the characteristic of a career system and the instrument for promotion of civil servants. Public competitions for higher ranking
positions are a characteristic of the open system. A civil servant shall
advance by either reassignment to an immediately higher-ranking executorial position or appointment to an appointed position or a higher-ranking
appointed position within the same or another state authority (Article 87,
paragraph 1). An immediately higher-ranking executorial position shall be
one whose tasks are carried out by either the immediately higher rank or the
same rank but in the capacity of the officer managing an internal unit within the state authority (Article 87, paragraph 2). When there is a vacant post
and the civil servant satisfies requirements for that post, the Principal may
reassign a civil servant who has been consecutively given the “outstanding
distinction” mark twice or the “distinction” mark four times to an immediately higher-ranking executorial position (Article 88, paragraph 1). Civil servants who achieve exceptional working results may be quickly promoted
(quick promotions exist in many comparative systems and should mainly
stimulate the young and expert staff). Exceptionally and notwithstanding
non-satisfying requirements regarding work experience, a civil servant who
has been reassigned to an immediately higher-ranking position following
two consecutive “outstanding distinction” marks may be transferred [again]
to the immediately higher ranking position if he/she is given the “outstanding distinction” mark again (Article 88, paragraph 2).
A civil servant may also advance without changing position by assignment to a higher salary class (Article 87, paragraph 3), in accordance with the
statute governing emoluments in the civil service. This is also possible for
executive job positions. According to this statute one salary group corresponds
to each rank and within each salary group there are eight salary classes and for
each one the coefficient for calculating the salary is determined. The promotion to a higher salary class within one salary group depends on working
results. The salary of a civil servant who is promoted to the highest ranking job
positions within the group for a rank for which he or she is classified is higher
than the salary of a civil servant whose job position is classified in an immediately higher rank, but he or she is in the starting salary class. The promotion
system to a higher salary class within the same group, namely the same job
position, also represents the true balance to limited possibilities of promotion
to the higher ranking job position.
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A civil servant may advance to any higher-ranking appointed position and not exclusively to the one next in line. For [the abovementioned]
advancement, all conditions regarding the marks, existence of a vacant position and work experience that are required for advancement to a higherranking executorial position must be satisfied (Article 89). Unlike promotion
to executive job positions the promotion to the appointed position or higher appointed position is possible exclusively after the internal and public
competition.
REASSIGNING CIVIL SERVANTS TO MEET
OPERATIONAL NEEDS
Due to operational needs, a civil servant may be reassigned, temporarily or permanently, to another corresponding position within the same state
authority or temporally transferred to another state authority (Article 90
paragraphs 1 and 3). Reassignment of a civil servant due to operational needs
shall not be subjected to his/her consent (Article 90, paragraph 2). The reassignment within the same state authority may be permanent or temporary
while it may only be temporary in the same state authority. Due to operational needs a civil servant may be reassigned only to a corresponding job
position (which prevents the conversion of reassignment to its degradation).
A corresponding position shall be the one whose tasks are carried out by the
same rank as the tasks of the position a civil servant is transferred from and
for which he/she fulfils all prescribed requirements (Article 91). If a civil servant refuses reassignment to a corresponding job position his or her
employment shall terminate (Article 130 paragraph 1 subparagraph 1).
A civil servant may be permanently reassigned to another corresponding
position within a state authority, if restructuring or rationalization of responsibilities and/or other justified reasons require so (Article 92). A civil servant may
be temporarily reassigned to another corresponding position within a state
authority to substitute an absent civil servant or to meet an increase of activities.
He/she shall retain all the rights that he/she is entitled to in his/her original position (Article 93, paragraph 1). A temporary reassignment shall last up to one year
after which the civil servant shall have the right to return to the position he/she
held before the reassignment (Article 93, paragraph 3).
A civil servant may be temporarily transferred to a corresponding position in another state authority due to an increase of activities but shall continue exercising all the rights from his/her employment with the state authority
from which he/she was transferred. A temporary transfer to another state
authority may last up to six months and may be exceptionally extended for
another six months. Upon expiry of the term of transfer the civil servant shall
have the right to return to the position he/she held before the transfer (Article
94). The principals shall conclude a written agreement on a temporary transfer of a civil servant from one state authority to another. Following the agree-
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ment, the Principal of the sending state authority shall issue a ruling on the
transfer (Article 95). The Civil Servants Act does not prescribe the possibility to
reassign a civil servant permanently due to operational needs, according to
agreement of principals of two state authorities, since in this manner the principle of rewarding in accordance with achievements shall render the purpose
of the internal competition meaningless.
PROFESSIONAL TRAINING AND QUALIFICATIONS
Introductory Remarks - Contemporary principles of human resource
management give competative advantage to employees with adequate
knowledge and other capabilities required for work. The introduction of
competition between employees based on their working and professional
qualities exist in civil service systems. The continuous training of civil servants for quality work is a consequence of more complex tasks the employees encounter.
Professional Training - The Civil Servants Act gives special importance to
professional training of civil servants. Civil servants shall have the right and
obligation to improve professionally in conformity with the needs of the state
authorities at the expense of the budget of the Republic of Serbia (Article 96).
Professional training shall be based on programmes defining the types and
curricula of professional training. The Government shall adopt the general
programme of professional training for civil servants in state administration
authorities and services of the Government, at the proposal of the Human
Resources Management Service. The Principal shall prepare the programme of
special professional training of civil servants in the state authority in conformity with particular needs (Article 97). Types and curricula of professional training are defined by programmes. The Government shall adopt the general programme of professional training for civil servants in state administration
authorities and services of the Government, at the proposal of the Human
Resources Management Service, while the Principal shall prepare the programme of special professional training of civil servants in the state authority
in conformity with particular needs thereof.
Additional Education - Civil servants may be offered additional education relevant to a state authority (Article 98, paragraph 1). The selection
of civil servants to undergo additional education shall be carried out
through an internal competition within the state authority. Preference
shall be given to civil servants who have achieved higher performance
marks during the last three years (Article 98, paragraph 2). In this way, further training at the expense of the budget shall be provided for those who
showed best results – indirectly this influences the further development of
their career. Rights and obligations of a civil servant who is entitled to additional training shall be regulated by contract. The civil servant shall have
the right to stay of his/her employment if the additional education requires
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temporary absence from work (Article 99, paragraphs 1 and 2). Following
the additional education, the civil servant must remain with the state
authority for at least double the time of the duration of the education.
Otherwise, he/she must reimburse the costs of the additional education by
a single payment (Article 99, paragraph 3).
Internship - An intern shall be a person entering into employment in
his/her profession for the first time in order to qualify for autonomous
work (Article 103 paragraph 1). An intern shall be employed for a fixedterm; he or she is always chosen through a public competition (Article 103,
paragraph 2). An internship in positions requiring a university degree
shall last for one year, nine months for a post-secondary degree, and six
months for a secondary education (Article 104, paragraph 1). A longer or
shorter duration of the internship than the one stipulated by the Civil
Service Act may be prescribed by special statute. Interns shall train for
autonomous work according to a programme designed by the Principal
(Article 105, paragraph 1). The Principal shall designate a mentor to monitor training [of an intern]. The mentor shall determine the individual programme of training of an intern and select civil servants who shall monitor the intern’s performance in various stages. Upon the end of the internship, the mentor shall communicate a written opinion on the level of the
intern’s qualifications (Article 105, paragraph 4). Having done an internship and passed the state or other professional exam, an intern may continue working for an indefinite period if there is an appropriate vacant
post and his/her assignment thereto is in compliance with the adopted
Human Resources Plan (Article 106).
The probation and internship periods commenced before the entry of
this statute into force (01/07/2006) shall be carried on in accordance with
the rules applicable at the time of their commencement (Article 185).
CIVIL SERVANTS’ DISCIPLINARY LIABILITY
Brief Comparative Overview - Most comparative systems regulate the
disciplinary liability of civil servants which, on one hand, has the purpose of
punishing the unsatisfactory work of civil servants and, on the other hand
may create possibility of abuse. Thus, by rule, disciplinary liability is regulated by a statute, above all the disciplinary action and procedural rights of civil
servants in a disciplinary action. The independent bodies deciding on disciplinary liability are introduced such as disciplinary committees and appeal
board which are permanent or ad hoc bodies. Civil servants are members of
those bodies, sometimes exclusive members. The ruling on disciplinary liability must contain grounds and must be served on to the civil servant who by
rule has the right of appeal to the relevant body and following that to the
court, or to the court only. In many countries the appeal bodies are also composed of civil servants. Disciplinary penalties vary.
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Breaches of Employment Relation Duties and Disciplinary Penalties Traditionally, in Serbia, the enumeration system of disciplinary breaches
applies which entails prescription of all ones. The Civil Servants Act divides
breaches of employment in minor and grave breaches and enumerates
those (Articles 108 and 109). A fine of up to 20% of the full-time salary paid
for the month in which the decision on a sanction is passed may be pronounced for minor breaches of the employment relation duty (Article 110,
paragraph 1). Disciplinary sanctions for grave breaches of the duty shall be
the following: a fine ranging from 20 to 30% of the full-time salary paid for
the month in which the decision on the sanction is passed, for up to six
months; ban on promotion for two to four years; termination of employment (Article 110, paragraph 2 subparagraphs 1, 2 and 3). Thus, the penalties
for grave breaches cannot be cumulative. The employment of a civil servant
on whom the disciplinary sanction of termination of employment has been
pronounced shall end on the day when the ruling prescribing the sanction
becomes final (Article 111).
Disciplinary Action - The Principal shall initiate a disciplinary action
either on his/her own initiative or at the proposal of the superior to a civil
servant (Article 112, paragraph 1). A disciplinary action shall be initiated by a
written resolution that shall be served to the civil servant and which may
not be appealed (Article 112, paragraph 2). The Principal shall administer a
disciplinary proceeding and decide on disciplinary liability. The Principal
may establish a [standing] disciplinary board of three members to initiate
and administer a disciplinary proceeding and decide on disciplinary liability
(Article 113, paragraph 2). The complete transfer of competences to the disciplinary board (including the right to pronounce a disciplinary penalty)
reflects the principle of directness.
An oral hearing shall be conducted during a disciplinary procedure
when a civil servant shall have the right to present his/her defence. A civil
servant may defend himself/herself or by a proxy and may also serve a written defence (Article 114, paragraph 2). A hearing may also be held without
the presence of a civil servant, if there are important reasons for doing so
and the civil servant has been duly summoned, i.e. if he or she was provided
a chance to defend himself or herself (Article 114, paragraph 3). While selecting and assessing a disciplinary sanction, the following shall be taken into
account: degree of the civil servant’s liability, gravity of consequences
incurred and the subjective and objective circumstances under which a violation was made; a previous disciplinary sanction prescribed to the civil servant shall be taken into consideration only if it has not been deleted from
the personnel record (Article 115).
Suspension - A civil servant subjected to a disciplinary action for a
grave breach of an employment relation duty may be suspended until the
conclusion of the disciplinary proceedings, if his/her presence would harm
the interests of the state authority or hinder the administration of the disciplinary proceedings (Article 116, paragraph 1). If the underlying reasons have
ceased, the suspension ruling may be revoked ex officio or at the proposal of
Jasmina Damjanovi} | OVERVIEW OF THE CIVIL SERVANTS ACT
a civil servant (Article 116, paragraph 3). A civil servant may appeal against
suspension within five days from the service of the suspension letter. The
Appeals Board must decide on the appeal within five days from the service,
otherwise the appeal shall be deemed rejected. The appeal shall not stay
enforcement of the ruling (Article 117).
Statute of Limitations - Initiation of a disciplinary proceeding shall be
foreclosed after six months from the date of a minor violation or one year for
a grave one (Article 118, paragraph 1). Conducting disciplinary proceedings
for minor violations of an employment relation duty shall be foreclosed
after one year from its initiation or two for grave violations (Article 118, paragraph 2). A prescription period shall be temporary halted while the disciplinary action cannot be initiated or administered due to the absence of a civil
servant or any other justified reasons (Article 118, paragraph 3). This disables
the statue of limitations to expire in case of sick leave or any other leave of
a civil servant.
A disciplinary sanction prescribed by a final ruling shall be entered in
the personnel records and shall be erased from the personnel records if the
civil servant is not issued a new disciplinary sanction within two years from
the date of pronouncement of a sanction for a minor breach of duty or four
years for a grave one (Article 119).
Disciplinary Action against Civil Servants in Appointed Positions - The
competence for initiation and conduct of a disciplinary action against civil
servants working in appointed positions is specially regulated. The High
Civil Service Council shall conduct a disciplinary proceeding against a civil
servant appointed by the Government. Disciplinary proceedings against a
civil servant appointed by another state authority or body shall be conducted by a body designated in the appointing authority’s acts (Article 120, paragraph 1). The Principal shall propose initiation of a disciplinary proceeding
against a civil servant appointed by the Government; the Government shall
propose initiation of a disciplinary proceeding against a civil servant managing a state authority (Article 120, paragraph 2). A ruling issued to a civil
servant in an appointed position prescribing a disciplinary sanction may not
be appealed but may be challenged through an administrative lawsuit
(Article 120, paragraph 3).
TERMINATION OF EMPLOYMENT RELATIONSHIP
Employment relationship of a civil servant may be terminated for different reasons. The civil servant system in which the termination of employment
occurs for the same reasons in the public and private sector are rare; reasons for
termination of employment are regulated separately in order to protect the status of civil servants from political pressures.
The Civil Servants Act specially regulates the termination of employment of a civil servant. The employment of a civil servant shall end: on the
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expiry of the employment contract; by an agreement; by termination notice;
by operation of law; and in any other way prescribed by this or another
statute (Article 126, paragraph 1). One more reason for termination occurs in
the following case - employment of a civil servant in an appointed position
whom the Republic Committee for Resolving Conflicts of Interests has pronounced the measure of publishing the recommendation for dismissal shall
terminate on the day when the ruling prescribing the termination of employment sanction becomes final (Article 126, paragraph 2).
A fixed-term employment shall terminate on the expiry of a specified duration of employment. An appeal shall not stay the enforcement of
a ruling pronouncing the termination of fixed-term employment (Article
127). The Principal and a civil servant may conclude a written agreement
on the termination of the civil servant’s employment. The [exact] date
when employment terminates shall be determined in the agreement
(Article 128, paragraphs 1 and 2). However, this does not apply to civil servant in appointed positions (Article 128, paragraph 3). A civil servant may
hand in a written notice of termination at least 30 days before the date
denoted in the notice as the day of termination of employment (Article
129, paragraph 1). A civil servant in an appointed position shall submit a
notice of termination to the state authority or a body responsible for
his/her appointment which means that he/she submitted a written resignation from work in the appointed position (Article 129, paragraph 2). In
case of employer’s notice the employment shall terminate when the
notice of termination becomes final; a civil servant has the right to appeal
(Article 130, paragraph 2). The Principal shall issue a ruling pronouncing
the termination of a civil servant’s employment by operation of law, the
grounds for termination and the date when the employment [effectively]
ends. The ruling may not be appealed but may be challenged in an administrative lawsuit (Article 132).
RIGHTS OF CIVIL SERVANTS IN CASE OF CHANGES
IN ORGANIZATION OF STATE AUTHORITIES
Introductory Notes – The Act on Employment Relations in State
Authorities contains provisions on the status of employees in the case of
change of organisation of state authority. However, due to imprecision of
and insufficient provision there were many problems in the application of
this statute. Thus, the Civil Servants Act contains a wide range of provisions
on the status of civil servants in the case of change of organisation. In doing
this, the different forms of organisational change and their different consequences were taken into consideration.
There are three possible forms of change of organisation of state
authority: there is a change of only the organisation of one state authority;
the change of organisation of one authority causing changes in one or more
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other state authorities and the abolition of one state authority and taking
over of its competences by another state authority.
Changes in Internal Organization of State Authorities – The internal
organisation of only one state authority may be changed in two ways: by
by-law on internal organization and a staffing table of the civil service and
by passing a new by-law. If the by-law is amended so as certain posts are
abolished or the number of civil servants is reduced, the excess staff shall
be reassigned to other corresponding posts while preference shall be given
to those who had better marks in the last three years (Article 133, paragraph
1). Thus, the annual grades have a key influence on the keeping the job position, as well as on the re-assignment to another job position in the case of
change of organisation of a state authority. If there is no corresponding
position and subject to his/her consent, a surplus civil servant may be
assigned to a lower-ranking position corresponding to his/her education. If
there is no such position or the civil servant does not consent to the assignment, he/she shall become “unassigned” (Article 133, paragraph 2). The reassignment to a lower ranking job position is not in accordance with the
career system of a civil servant as it entails a step back – it is however a
practical solution since it enables a civil servant to keep his or her job position in the case when the alternative is to be unassigned with the possibility of termination of employment. This is the reason why the consent of a
civil servant is necessary for this re-assignment. If the civil servant refuses
reassignment his or her employment shall terminate (Article 130, paragraph 1 subparagraph 1).
In case of passing a new by-law, the Principal shall assign all civil servants to appropriate positions taking into account tasks they had carried out
before the assignment (Article 134 paragraph 1). If the new by-law abolishes certain positions or the number of civil servants is reduced, the provisions of this
statute governing amendments to the by-law shall apply to the surplus civil
servants (Article 134, paragraph 2 in connection with Article 133).
Changes in Organization of the System of State Authorities – If a state
authority is abolished and another state authority assumes its jurisdiction,
the succeeding authority shall take over civil servants from the abolished
one by the Principal of the succeeding authority issuing [the appropriate]
rulings (Article 135, paragraph 1). The passing of a ruling is something new in
regard to the Act on Employment Relationship in State Authorities which
did not prescribe this obligation. In practice this led to unequal treatment.
Pending the adoption of a new by-law pertaining to the succeeding state
authority, the civil servants who are taken over shall continue carrying out
tasks they have performed within the abolished authority, and continue
enjoying the right to salary pursuant to the old rulings [on assignments].
Following the adoption of the new by-law, the provisions of this statute
valid for cases when new by-laws are adopted with a single purpose of
changing the internal organization of a state authority (as if there was no
abolition of other state authority) shall apply (Article 135, paragraph 3 in connection with Articles 134 and 133).
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If another state authority assumes a portion of responsibilities of the
state authority, the succeeding authority shall also take over civil servants
carrying out tasks from the assumed sphere of activities (Article 136, paragraph 1). The provision of this statute valid for abolition of a state authority
followed by a take-over of its jurisdiction shall apply to all other issues
(Article 136, paragraph 2).
If a state authority is abolished and its responsibilities are not assumed
by another state authority, the civil servants from the abolished authority shall
become “unassigned” on the date of the abolition (Article 137, paragraph 1). The
principal of the Human Resources Management Service shall issue rulings
declaring the “unassigned” status to civil servants affected by abolition of a
state administration body or a governmental service (Article 137, paragraph 2).
Unassigned civil servant – While being unassigned a civil servant
remains employed. He or she has the right of compensation of salary
(Article 138, paragraph 1), which according to the Civil Servants Salary Act
amounts to 6 per cent of his or her basic salary in the month that precedes
the month when the first instance ruling declaring the unassigned status
was passed. A civil servant shall enjoy all rights deriving from employment
with the state authority whose principal has issued the ruling declaring the
civil servant “unassigned” (Article 138, paragraph 2). A civil servant may
remain unassigned for a maximum of six months. Employment of an
“unassigned” civil servant shall terminate if not transferred to another
state authority within six months after either an internal or a public competition (Article 138, paragraph 3). The employment shall terminate ex lege
on the first day following the expiry of six months since he/she became
“unassigned” (Article 131, paragraph 1 sub paragraph 3). During the period
he/she is “unassigned”, a civil servant shall have the right to compensation
in lieu of salary pursuant the statute governing emoluments in the civil
service. The amount of this allowance shall be determined by the
Government.
DECISION-MAKING ON RIGHTS AND OBLIGATIONS
OF CIVIL SERVANTS
Decision-making in the first instance - The Principal shall decide on rights
and obligations of a civil servant by a ruling, unless otherwise is stipulated by
the Civil Servants Act or another statute or other regulation (Article 140, paragraph 1). The Principal may authorize in writing a civil servant with a university degree and at least five years of professional experience to decide on the
rights and obligations of civil servants (Article 140 paragraph 2). The authorization may be limited in its scope and duration.
The statute governing the general administrative procedure shall
apply to decision-making on rights and obligations of civil servants but not
to decisions on liability for damages (Article 140, paragraph 4).
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The High Civil Service Council shall decide on rights and obligations of
a civil servant that manages a state authority and who has been appointed
by the Government unless otherwise is prescribed by this statute.
Appeals Boards - Appeals boards shall decide on appeals of civil servants
against rulings whereby their rights and obligation have been decided in an
administrative procedure (Article 142, paragraph 1). Appeals boards decide on
appeals of participants of internal and external competitions. An appeal board
must decide upon an appeal within 30 days from the day of its filing, unless
otherwise is prescribed by this statute. Otherwise, the appeal shall be deemed
rejected (Article 143, paragraph 1). An administrative lawsuit may be initiated
against the decision of an appeals board (Article 143, paragraph 2). The ruling
carrying a decision on rights and duties of a civil servant that manages a state
authority may not be appealed but may be challenged in an administrative
lawsuit (Article 141, paragraph 2). Civil servants managing state authorities are
exempted from the competence of the appeals board since the appeal is not
allowed against ruling in which their rights and obligations are decided upon
(they directly achieve this right in the administrative dispute). The same
applies to civil servants working in appointed positions; they have right to
appeal to the appeal board against an assigned mark in the first instance
appraisal (Articles 84 and 85).
The Government Appeals Board shall decide on appeals of civil servants from state administration authorities, services of the Government and
the Republic Public Attorney’s Office, whereas the Judicial Appeals Board
shall decide on appeals of civil servants from the courts and public prosecutors’ offices (Article 144, paragraph 1). Appeals boards established by administrative acts of other state authorities shall decide upon appeals of civil servants from these authorities (Article 144, paragraph 2).
ORGANIZATION OF HUMAN RESOURCES SYSTEM
The provisions on regulation of the human resource system comprise the summation of rules regulating the institutions and organisational
forms of special importance for the introduction of the civil service system
and its functioning.
Human Resource Plan - The institution of the human resource plan is
introduced for the continuous planning of human resource needs, both
within one state authority and at the level of state administration, courts
and public prosecutors’ offices. The regulation of the human resource plan in
state authorities, in accordance with the powers prescribed in the Civil
Service Act (Article 155, paragraph 4), closely regulates and prepares the draft
and proposal of the human resource plan; prescribes that the human
resource plan describes the number of civil servants and general service
employees on each appointed position, in each rank and in any type of job
positions which are employed for indefinitive period; the existing number
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of civil servants and general service employees in each rank and in each type
of job position in an authority for fixed-term due to increased scope of work;
the existing number of interns in an authority according to level of education; the number of civil servants and general service employees in each
appointed position, each rank and each type of job positions needed in the
state authority for indefinite employment for the year for which the human
resource plan was passed; the number of civil servants and general service
employees whose fixed term employment is needed in a state authority due
to increased scope of work for the year for which the human resource plan
was passed and the number of interns according to degree for the year for
which the human resource plan was passed.
Each state authority shall prepare its draft Human Resources Plan
concurrently with the draft budget act so that both are harmonized (Article
155, paragraph 1). It means that each human resource programme draft
should be in compliance with the limitations of the budget, that is with
actual means which are planned in the budget for salaries. On the basis of
the human resource draft plans of state administration authorities, the service of the Government and services of administrative districts, the Human
Resources Management Service shall prepare the proposal of the Human
Resources Plan for state administration authorities and the services of the
Government (Article 155, paragraph 2). The ministry in charge of judicial
affairs shall prepare the proposal of the Human Resources Plan for courts
and public prosecutors’ offices (Article 155, paragraph 3). The Human
Resources Plan shall be passed within 30 days from the adoption of the
Budget Act, and shall correspond to the means secured [for that purpose] in
the Republic of Serbia Budget (Article 156, paragraph 1). The Government
shall adopt the Human Resources Plan for state administration authorities
and the services of the Government. Subject to prior consent of the ministry
in charge of financial affairs, the ministry in charge of judicial affairs shall
pass the Human Resources Plan for courts and public prosecutors’ offices
(Article 156, paragraph 2). The Human Resources Plan shall consist of consolidated and individual data related to state authorities it pertains to (Article
156, paragraph 4). Each state authority shall implement the pertinent part of
the Human Resources Plan (Article 157, paragraph 1). Unless otherwise is prescribed by a separate regulation and subject to prior consent of the ministry
in charge of financial affairs, the principals of other state authorities shall
pass the Human Resources Plan for those authorities (Article 156, paragraph
3). The Principal shall be responsible for the implementation of the Human
Resources Plan (Article 157, paragraph 2).
Human Resources Management Service - The existence of the central
management body should enable the application of the established standards in selection of candidates, promotion and transfer of civil servants all
with the aim of implementing a merit system on the basis of expertise and
working results - it is the condition for the creation of an efficient and professional state administration. Thus, the question of the status of that management body in state administration is very important. Consequently, the
Jasmina Damjanovi} | OVERVIEW OF THE CIVIL SERVANTS ACT
success of efforts aimed at the transformation of state administration
depends on that, since the central body should monitor the most important
tasks in the human resource management field and to be accountable for
the development of the entire human resource system. Its scope of work
covers the entire system of state administration and it should gather all
feedback information from the whole state administration.
The Human Resources Management Service was established in Serbia.
It is managed by the Director and he/she answers to the President of the
Government (Article 158, paragraphs 1 and 3). The Human Resources
Management Service shall: advertise vacancies in the state administration
and services of the Government; ensure coordinated reorganization of the
State Administration; advise the state administration authorities and services of the Government on human resources management; organize professional training of civil servants; provide professional and technical support
to the High Civil Service Council; perform tasks of importance for [the implementation of] the human resources policy of the Government; and other
tasks prescribed by a statute or a governmental regulation (Article 158, paragraph 2 in connection with Articles 153.1, 155.2, 159.2, and 163.1).
The following data on civil servants shall be kept in the Central
Personnel Registry: personal name, address and citizens’ personal number;
type of employment and date of its commencement; positions a civil servant has held in state administration authorities or services of the
Government since establishing the employment relation; education, professional exams passed, other forms of professional training, special skills and
other data on professional qualification of a civil servant; years of service,
years of pension insurance, privileged years of service; date of reaching the
retirement age; annual performance appraisals; prescribed disciplinary
measures and determined financial liability; data necessary for salary calculation and data on termination of employment (Article 160, paragraph 1).
The Central Personnel Registry may also contain other data prescribed by
law and other regulation. The access to data is limited. The data stored in the
Central Personnel Registry shall be available to the principals and other persons that decide on rights and obligations of civil servants, as well as to
administrative inspectors (Article 161, paragraph 2). Each civil servant shall
have the right to access data from the Central Personnel Registry that relate
to him/her (Article 161, paragraph 3).
The Human Resources Management Service shall administer records
on the internal labour market for the state administration authorities and
the service of the Government (Article 163, paragraph 1). The internal labour
market database shall contain data on the vacant positions, civil servants
wishing permanent or temporary reassignment to other positions, data on
“unassigned” civil servants and other data needed in human resources management (Article 163, paragraph 2). Internal labour market should serve both
state administration authorities and civil servants. A civil servant shall have
the right to get all data on personnel needs contained in the internal labour
market database (Article 163, paragraph 4).
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High Civil Service Council - The High Civil Service Council is a new body
established by the Civil Service Act (Article 164, paragraph 1). Its establishment has the aim of reinforcing the profesionalisation of the state administration and its depolitisation. Its role is especially important in conducting
the competition for proposing candidates for appointed positions. The High
Civil Service Council determines the members of the selection panels to
administer competitions for appointed positions filled by the Government.
Besides, it prescribes types of professional qualifications, knowledge and
skills evaluated in the selection procedure and methods of their verification;
selection criteria for appointments (for executorial and appointed positions);
passes the Civil Service Code of Conduct in state administration authorities
and services of the Government; passes its Rules of Procedure and performs
other tasks prescribed by this statute (Article 164, paragraph 2 in connection
with Article 67, paragraph 2).
The High Civil Service Council shall have nine members appointed by
the Government to a six-year term (Article 165, paragraph 1). Following a proposal by the President of the Government, four members shall be appointed
from experts in the fields important to the functioning of the State
Administration. Following a proposal by the Principal of the Human Resources
Management Service, the remaining five members shall be appointed from
civil servants appointed to their positions by the Government (Article 165,
paragraphs 2 and 3). The members of the High Civil Service Council shall select
the President among themselves by secret ballot. Officials in state authorities
may not be appointed to the High Civil Service Council (Article 166, paragraph
1), while an individual may be appointed to the High Civil Service Council up
to two times (Article 166, paragraph 2). The High Civil Service Council shall
pass its decisions by a majority vote of all its members.
SPECIAL PROVISIONS ON GENERAL SERVICE
EMPLOYEES
In regard to general service employees the Civil Servants Act contains
minimum provisions that are necessary for understating their employment
status. General labour law applies to them, except in relation to those rights
and obligations regulated in a different manner by that or another statute.
The Civil Servants Act only regulates necessary exemptions from the general regime of employment relations bearing in mind the fact that that their
employer is also the state. When it concerns special statutes, it primarily
entails the statute regulating salaries.
The Government shall categorize general service posts by a regulation (Article 170, paragraph 1). The Government passed a Regulation on the
Classification of Job Positions according to which the job posts of general
service employee are divided into six groups. The first two are for general
service employees who have university degree, while the third one is for
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those who have a diploma. The fourth group is for those with a recognised
secondary education of duration of three or four years, while the fifth
group is for those general service employees who have completed education in duration of two years that is with primary school diploma and
recognised vocational training. The sixth group is for those who have primary school diploma.
The by-law shall govern the general service posts, requirements for
engagement in such posts, and the number of general service employees
(Article 170, paragraph 2). It shall be necessary for filling a vacant general
service post that post to be specified in the Bylaw and its filling to be in
compliance with the adopted Human Resources Plan (Article 170, paragraph 3).
A general service employee shall establish employment relation by
[entering into] an employment contract (Article 171, paragraph 1). An
employment contract must contain a provision authorizing the employer
to amend, by the employer’s ruling, those elements of the contract the law
allows to be unilaterally changed (Article 171, paragraph 2). The provisions
on transfers and reassignments of civil servants under this statute shall
apply to general service employees accordingly. The ruling on reassignment, that is reassignment of general service employee ex lege replaces the
corresponding labour contract provisions (Article 172, paragraphs 1 and 2). If
a general service employee refuses (re)assignment his/her employment
contract shall be cancelled (Article 172, paragraph 3). The employment contract of a general service employee shall be cancelled whenever, following
changes in either internal organization of a state authority or organization
of the system of state authorities [in general], there are no more posts
he/she may be (re)assigned to (Article 172, paragraph 4). General service
employees in the process of transformation of state authorities cannot
become unassigned; thus, they do have the right to get salary for the first
six month after becoming unassigned.
INSPECTION OVER IMPLEMENTATION
OF THE STATUTE
The ministry in charge of administrative affairs shall supervise the
implementation of this statute through the administrative inspectorate
(Article 173). An administrative inspector shall inspect: compatibility of the
by-law with the statute and other regulation; conformity of one’s employment [with the Civil Service] with the Bylaw and the Human Resources
Plan; legality of the internal and/or public competition administration;
legality of appointments, transfers and promotions of civil servants; timeliness and correctness of submission of data for entry in the Central
Personnel Registry; other issues related to employment in state authorities
(Article 174).
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42 | Jasmina Damjanovi} | OVERVIEW OF THE CIVIL SERVANTS ACT
An administrative inspector must act upon each complaint and
inform the applicant of the outcome of the inspection. If she or she finds the
statute, other regulation and general acts have been implemented unlawfully or irregularly, he/she shall take measures for which he/she is authorized by the statute governing the administrative inspection (Article 175,
paragraph 2). He/she has one more important power. An administrative
inspector may propose that the Appeals Board annul or repeal ex officio an
unlawful final ruling whereby obligations or rights of a civil servant were
decided upon (Article 175, paragraph 3). The invalidation of a ruling on
appointment to an appointed position, employment or transfer shall not
affect validity of acts or actions a civil servant issued or undertook before the
invalidation of the ruling (Article 175, paragraph 4), which protects the legal
certainty.
NEW LEGISLATION
ON CIVIL
SERVANTS
EDMOND MILETI]
Edmond Mileti}, former Deputy Director of Central State Office for Administration of Republic
of Croatia serves as a consultant on civil service and state administration reform in numerous
countries in transition
GENERAL INTRODUCTION
In the accession process to the European Union numerous tasks relating to the modernisation of the state, particulary modernisation and harmonisation of the entire legal system are imposed on the Republic of Serbia.
Modernisation of state administration in the Republic of Serbia is one of the
key preconditions of the accession to the EU.
There is no codified compilation of administrative principles and standards that will be equally valid for all member states. However, there is a set
of administrative principles and standards that derive from the practice of
member states and international documents.
However, within the criteria for accession to the EU, candidate countries face direct requests entailing the acceptance of administrative principles that are common practice in member states. Those requests are emphasised at several European Councils:
a) Copenhagen 1993 – request for stability of institutions which guarantee democracy, rule of law and human rights;
b) Madrid 1995 – request for adjusted administrative and judicial
structures in order to be able to efficiently pass and apply EU law;
c) Luxemburg 1997 – request for additional strengthening and
improvement of these institutions in order to make them more reliable;
d) Helsinki 1999 – request for candidates to share and accept values
and aims of the EU proclaimed in the founding treaties.
SIGMA (Support for Improvement in Governance and Management in
Central and Eastern European Countries) has the important role of defining
administrative principles and standards to which the state administrations of
future EU member states should adhere to. SIGMA is an organisation established by the joint initiative of the OECD and the EU in 1992 with the main purpose of giving assistance to transition countries in implementation of political
and administrative reforms and is financed from PHARE programme. It is the
part of the OECD service for public management.
Thus the European standards in relation to state administration are
the following:
1. Rule of law as the presumption of the legal certainty and predictability of administrative action and decisions; (refers primarily to the principle
46 | Edmond Mileti} | NEW LEGISLATION ON CIVIL SERVANTS
of legality as the contradiction to arbitrariness in public decision-making,
thus the need to respect the legitimate expectations of the citizens; includes
impartiality, non discrimination, hierarchy of legal rules, supervision of
administration by independent judiciary as well as the principle of proportionality, justice and timely decision-making and professionalism);
2. Openness and transparency which should ensure the supervision of
administrative proceedings and their results, thus their adjustment with
previously determined rules; (one of the main request is the obligation of
explaining the administrative decisions that are the basis for decision-making in higher instances and obstacles to arbitrariness);
3. Accountability of state administration to legislative and judicial bodies and the hierarchical responsibility within the administration which
should ensure behaviour in accordance with the principle of legality (entailed
by the formalisation of proceedings, definition of supervision mechanisms);
4. Efficiency in the use of public income and efficiency in achieving
objectives set up by laws and by-laws;
The extent to which the candidate countries respect the set criteria is
assessed by evaluations of SIGMA and reports of the European Commission.
For that purpose SIGMA developed a special methodology of evaluation of
founding values (baseline assessment framework). The reports of the European
Commission on progress of candidates in fulfilling the membership requirements are based on this methodology. The standards that SIGMA regards as
the most important in the legislative field that regulates the status of civil servant may be seen from this methodology.
EUROPEAN STANDARDS IN THE LEGISLATION
CONCERNING CIVIL SERVANTS
Just as modernisation of the administration is the key precondition
of modernisation of the entire legal system, the modernisation and harmonisation of legislation on civil servants is the key precondition for modernisation of state administration.
In definition of European standards that relate to the legislation on
civil servants, especially on the character and values of the civil service,
SIGMA starts from the obligation of the state, in exercising public interest
and its obligation to provide public services, to ensure efficient, professional
and impartial action of state administration.
In that respect the state administration should fulfil the following
conditions:
1. Law and regulations, as well as the respect of the principle of legality which are the presumptions of regulating the state administration;
2. Depolitisation of state administration – clear demarcation between
political and higher civil service positions in order to ensure a depoliticised
state administration, independent from daily political interventions;
Edmond Mileti} | NEW LEGISLATION ON CIVIL SERVANTS
3. Recruitment and promotion in state administration must be based
on capabilities, knowledge and competence of candidates (merit system) in
order to improve the professional level of civil servants, that is the state
administration as a whole;
4. Establishment of the entire system of professional training is the
necessary presumption of asuccessful and professional state administration;
5. Quality regulation of rights and duties of civil servants, especially
the obligation of political neutrality, fairness and professional behaviour;
6. Quality regulation of all cases in which civil servants can face a conflict of interest;
7. System of two instances in decision-making regarding civil servants, that is the system of judicial review of administrative acts;
8. Strengthening of all human resource management mechanisms,
especially of one central service which would have those competencies;
9. Fair regulation of evaluation of performance of each civil servant
with sufficient guarantees that a civil servant may protect themselves from
unjustified grades;
10. Salary system in the civil service must be prescribed by law where
the manager has very little discretion in the determination of a salary of
each civil servant;
11. Classification system should be the presumption of the qualitative
system of promotion, evaluation and determination of salaries.
In trying to enumerate the usual European standards and prescription
of rights and obligations of civil servants one should have in mind the documents of the Council of Europe that, to a great extent, influence the establishment of the administrative practice and standards.
“The Recommendation No. R(2000)6 – The status of public officials in
Europe” should be mentioned as one of the most important documents regulating this field.
The most important guidelines from this document are the following:
1. The status of public officials should be established by law and regulations or collective agreements;
2. The Government should have the general responsibility for the state
of affairs and management in administration;
3. The categories and levels of public officials should be defined in the
light of the function performed, to which a certain level of responsibility is
attached;
4. Recruitment of public officials should be defined by equality of
access to public posts and selection based on merit, fair and open competition and an absence of discrimination. Some pre-conditions may exist for
accessing public posts, due to the specificity of certain services, but only if
prescribed by law.
5. Recruitment procedures should be open and transparent to allow
the best candidate to be appointed. The rejected candidates should have the
right of objections to the decision on appointment;
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48 | Edmond Mileti} | NEW LEGISLATION ON CIVIL SERVANTS
6. In so far as possible, public officials should not be transferred without their consent unless it is required in the public interest and, in particular, of a good public administration. Public officials should have a legal remedy against the possible unlawfulness of such a measure;
7. Promotions involving a higher level of responsibility should be
based on merit.
8. Public officials should, in principle, enjoy the same rights as all citizens. Their rights, particularly political and trade union rights, should only
be lawfully restricted in so far as it is necessary for the proper exercise of
their public functions.
9. There should be no unfair discrimination on the basis of, inter alia,
age, disability, gender, marital status, sexual orientation, race, colour, ethnic
or national origin, community background, political or philosophical opinion and religious beliefs, especially concerning access to public posts and
promotion.
10. Public administrations should promote participation or consultation of public officials in decision-making processes concerning the organisation, structure and principles governing the exercise of public functions.
11. The social protection of public officials must be provided, including
pensions;
12. Public officials should have an adequate remuneration commensurate with their responsibilities and function. Remuneration should be
regarded as motivation for a public official to perform his or her work and
should be sufficient so as to ensure that public officials are not put at risk of
corruption or engaging in activities incompatible with the performance of
public duties.
13. In the exercise of their public functions public officials should
ensure the respect of interest of citizens, which include, inter alia, observation of principle of legality, discretion, neutrality, impartiality, hierarchical
subordination, public interest and loyalty towards democratic institutions.
14. Breach of official duty may result in a disciplinary action being
taken against a civil servant. Public officials should have a legal remedy
against a disciplinary action.
15. The existence of a training system is an essential precondition for
an efficient system of public administration. It is the task of the government
to offer public officials relevant training in the frame of an appropriate
training policy for them. Public officials should, therefore, have the right and
the duty to undergo relevant training without discrimination. Furthermore,
in certain cases training may be a condition of promotion.
16. Termination of employment should only occur in the cases and for
the reasons provided for by law. A legal remedy should be guaranteed
against all decisions on termination of employment.
17. A legal remedy before a court or other independent institution
should be available to public officials for the protection of their rights in relation to all decisions determining rights and duties of public officials as well
as protection before another independent body.
Edmond Mileti} | NEW LEGISLATION ON CIVIL SERVANTS
THE NEW CIVIL SERVANTS ACT
The new Civil Servants Act (“The Official Herald of the Republic of
Serbia” No. 79/05) represents a significant step forward in the approximation of the Serbian legislation with the EU legislation. The Act was drafted
with significant assistance of SIGMA and international experts. However,
there would not be any qualitative text if the drafting process was not led by
experienced practitioners. Here, I should mention the immeasurable contribution of Jasmina Damjanovi}, the Deputy Secretary of the Secretariat for
Legislation of the Government of Republic of Serbia.
In analysing the text of the act it may be concluded that all aforementioned principles are prescribed by this Act. During the legal drafting, of
course, the existing practice had to be taken into consideration. The worst
mistake is to copy a foreign recipe without a critical evaluation of its influence at the existing legal system.
The new Civil Servants Act and its instruments are not revolutionary
news in the legislative field, but some of them, when they begin to be
applied in practice, will give a completely new dimension to the state
administration in Serbia. The division of employees between civil servants
and general service employees, the new classification system, detailed regulation of rights and duties of civil servants with the special emphasis of the
regulation of conflict of interest, the establishment of the High Civil Service
Council and the Human Resource Management Service, the regulation of
the disciplinary action procedure, evaluation and promotion, all represent a
strong legislative basis for the establishment of the qualitative state administration system.
Finally, I want to express my personal satisfaction for being able to
participate in the drafting of this important piece of legislation. New experiences and knowledge will be invaluable in my future work.
| 49
PERFORMANCE APPRAISAL
IN THE CIVIL SERVICE OF
THE REPUBLIC OF SERBIA
HANS-ACHIM ROLL, LL.D
Hans-Achim Roll, LL.D, a retired director-general of the Federal Republic of Germany
Chancellery during the administration of premier Helmut Kohl today serves as a consultant on
state administration reform and public management to governments of numerous countries
in transition.
PURPOSE OF THE APPRAISAL SCHEME
Beginning in 2007 Serbian civil servants are evaluated under a new
appraisal scheme, which constitutes a key step towards institutionalizing
a politically neutral, professional and merit based civil service. Legally,
the new scheme is based on Articles 82-86 Law on Civil Servants (The
Official Herald of the Republic of Serbia, No. 79/05) and on the Decree on
Appraisal of Civil Servants (The Official Herald of the Republic of Serbia,
No.11/06).
The new system aims at obtaining an objective, valid and comparable
statement on the performance and on the competences of civil servants. In
this context evaluation of performance refers to the measurement of efficiency and effectiveness of the civil servant concerned in relation to work objectives; and evaluation of competences means comparison of actual competences of the civil servant concerned and competences required for the work.
Insofar the Serbian system corresponds to a large extent to trends that can be
found also in other European civil services.
The basic principles of staff appraisal are set out in Article 2 Decree
on Appraisal of Civil Servants: the procedure must be conducted in an
independent and impartial manner; instructions or directives with regard
to the outcome of the appraisal by superiors are inadmissible. Biased
appraisals or appraisal prepared without full integrity would undermine
the objectives of the scheme. They could constitute, as the case may be, a
disciplinary violation.
Three main purposes of appraisal can be distinguished. First: appraisal
may be reward oriented by providing a basis for decisions in personal matters
of the civil servant concerned (positive ones like promotion and moving up
on the pay scale and, of course, also negative ones as termination of employment). Second: appraisal may function as performance review through concentrating on improving or at least maintaining the performance of civil servants and serving as an instrument for human resources management in a
more general perspective (staff development, training, etc.). Third: appraisal
may be potential oriented and related to succession planning by reviewing
the capabilities of civil servants. Article 82 Law on Civil Servants clearly refers
to these three purposes.
54 | Hans-Achim Roll, LL.D | PERFORMANCE APPRAISAL IN THE CIVIL SERVICE OF THE REPUBLIC OF SERBIA
On the whole, appraisal serves the interests of sides, the institution
and the civil servant concerned. And, ultimately, appraisal aims, of course, at
improving the quality of services provided by civil servants to the citizens of
the Republic of Serbia.
APPRAISAL CRITERIA
There are different answers to the questions, what should be
appraised. Some systems use attribute and aptitude oriented approaches,
others are more job, results and performance oriented, a third, possibly a little bit outdated group, focuses on conduct and behavior of the civil servant
concerned. The Serbian approach combines the fist and second of these elements in Article 82 paragraph 2 Law on Civil Servants. Reference to “results
achieved in the realization of tasks” is a clear indication for a job-oriented
approach; while the list of other criteria can be interpreted as an attribute
and competence oriented approach.
If results achieved are to be evaluated, it becomes necessary to identify and to define expected results or targets in advance. The relevant procedure is set out in detail in Articles 6-7 Decree on Appraisal of Civil
Servants. Performance targets or work objectives are a specification of the
job description of the respective post for a particular period and a particular job holder. Therefore, in setting work objectives the general job description contained in the Rulebook on Internal Organization and
Systematization of Job Posts is translated into concrete performance targets to be achieved by the civil servant concerned during the next year
with regard to the annual business plan of the respective institution.
Performance targets may vary from year to year, while the job description
remains unchanged.
Work objectives must be as specific as possible, they should be measurable
and of course they should be achievable, they must be always relevant to the
main duties of the job as set out in the job description, and finally they should
have a deadline. If it is impossible to set all work objectives with the necessary
precision in advance, it is of course admissible to catch up with this during the
appraisal period. And, of course, work objectives may be adapted or changed during the appraisal period (Article 8 Decree on Appraisal of Civil servants).
Specification of work objectives should not be interpreted as top-down
process imposing something on the civil servant from the outside. Work objectives for the following year shall rather be discussed openly in a meeting of the
superior and the civil servant concerned. In principle, this meeting needs to
take place in December before beginning of the new appraisal period, the latest before 15 January within the appraisal period (see Article 7 paragraph 1
Decree on Appraisal of Civil Servants). After the discussion the specification of
work objectives shall be recorded in a document signed by the superior and
the civil servant concerned.
Hans-Achim Roll, LL.D | PERFORMANCE APPRAISAL IN THE CIVIL SERVICE OF THE REPUBLIC OF SERBIA
The attribute or competence-oriented appraisal criteria are defined in
detail in Articles 12 ff Decree on Appraisal of Civil Servants. It is obvious that the
assessment of criteria like “independence”, “creativity”, “initiative”, “precision
and diligence”, “quality of cooperation” requires a lot of consideration in each
particular case. This is not an abstract exercise using the same standards for
each civil servant. It is rather necessary to define the required standards with a
view and in relation to the job description of the civil servant concerned.
Independence, creativity, initiative, etc, will mean different things for the different job descriptions. The requirements for higher level civil servants with
regard to, for example, independence or quality of cooperation will vary from
the corresponding requirements for lower level civil servants. Only for comparable jobs of the same level equal standards can and shall be applied.
APPRAISAL PROCEDURE
Appraisal cycle
All civil servants are appraised once a year. Exceptions to this rule are
listed in Article 83 paragraph 2 Law on Civil Servants and in Article 4 Decree
on Appraisal of Civil Servants. According to these provisions the manager of
the state authority, a civil servant who worked less than six months during
the appraisal period, and any civil servant employed for a fixed term are not
appraised. Apart from this the Serbian approach is very egalitarian, because
other than in some European systems all civil servants independently from
their rank are evaluated in the same procedure.
The appraisal cycle is defined in Article 83 paragraph 1 Law on Civil
Servants and in Article 3 Decree on Appraisal of Civil Servants. According to these
provisions the appraisal period runs from 1 January to 31 December of each year.
Work objectives that form the basis for appraisal shall be determined, in principle, before the beginning of each appraisal period (see above). The formal
appraisal procedure shall be conducted after the end of each appraisal period,
which is in January of the following year, and shall be completed, with the ruling of the manager the latest by the end of February (see Article 83 paragraph 1
Law on Civil Servants). Of course, all these activities require adequate administrative preparation and appropriate follow up action. Two months, January and
February, for completing the formal appraisal are not a long time. Consequently,
all civil servants involved in the process must carefully plan to do this work. On
average, completion of one appraisal report will take about one hour, the
appraisal interview will at least take half an hour for each appraisee.
There are three exceptions to the appraisal cycle described above:
appraisal before expiration of the appraisal period according to Article 5
Decree on Appraisal of Civil Servants, interim appraisal in case of change of
the evaluator during the appraisal period according to Article 25 Decree on
Appraisal of Civil servants, and finally the “extraordinary appraisal” of civil
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servants graded “unsatisfactory” according to Article 85 f Law on Civil
Servants, Articles 38 ff Decree on Appraisal of Civil Servants.
From a more general perspective staff appraisal should be considered
as a continuous activity throughout the whole appraisal period, and not just
a once a year event. It is an interactive process requiring superiors to monitor day to day performance of their staff, to give advice and instruction to
them to meet standards and to improve performance. The formal grading
procedure after the end of the appraisal period is merely summarizing and
formalizing all these activities.
The standard appraisal form
Responsibility for the formal and final decision in appraisal matters
lies with the Minister or other head of the respective state authority according to Article 84 paragraph 1 Law on Civil Servants. It is obvious that these
persons cannot carry out the preparatory work necessary for a proper
appraisal of all civil servants working in the respective state authority by
themselves. Therefore, the concept of the evaluator has been introduced by
the Decree on Appraisal of Civil Servants. This corresponds to trends aiming
at strengthening the line manager in the appraisal process which can be
found in other European systems.
According to Article 3 paragraph 3 Decree on Appraisal of Civil
Servants the responsibility for preparing the evaluation is put on the
immediate superior of the civil servant concerned. Therefore, depending
on the hierarchy in the respective state authority, each civil servant
(appraisee) will have his/her own evaluator. In many cases and for most
executive civil servants this will be the head of the respective division,
who will have the role of the evaluator for all of his/her subordinates. And
of course each evaluator will have at the same time the position of an
appraisee in relation to his/her immediate superior. The evaluator is the
most appropriate person to prepare the material for the appraisal ruling of
the Manager, because he/she works together with the appraisee on a daily
basis and should have the best knowledge of the strengths and weaknesses of the civil servant concerned.
Apart from continuously monitoring the work of the appraisee throughout the year and giving advice to the appraisee with regard to improving performance (Article 9 Decree on Appraisal of Civil Servants) the following four
responsibilities are assigned to the evaluator in the formal process. First: prepare the appraisal report using the standard form according to Articles 24f
Decree on Appraisal of Civil Servants. Second: conduct the appraisal interview
with the appraisee according to Articles 28 f Decree on Appraisal of Civil
Servants. Third: determine the proposal for a final grade based on an assessment of the appraisal criteria according to Article 26 Decree on Appraisal of
Civil Servants. Fourth: liaise with the counter signer (see below) and with the
personnel department to implement the further procedure.
Hans-Achim Roll, LL.D | PERFORMANCE APPRAISAL IN THE CIVIL SERVICE OF THE REPUBLIC OF SERBIA
The mandatory use of the standard form annexed to the Decree on
Appraisal of Civil Servants simplifies and standardizes the whole appraisal
procedure. The key elements of the standard form are the box dealing with
the results achieved by the appraisee and the box for appraisal of the other
criteria. For grading the five grades defined explicitly in the Decree on
Appraisal of Civil Servants are applicable. This five points scale correspond
to the practice in many other countries, however, there are also examples
with a three and four points scale.
In the “results achieved” box of the standard form the evaluator
appraises performance by analyzing on how and to what extent the work
objectives agreed upon prior to the appraisal period (see above) were fulfilled,
in particular whether the appraises has met the standards as regards quality
and quantity of work and whether the time table was kept (see Article 11
Decree on Appraisals of Civil Servants). According to Article 26 Decree on
Appraisal of Civil Servants “results achieved” are graded for each quarter of
the year. This wording should not be misunderstood as a quarterly appraisal.
Actually performance is appraised only once a year after the end of the whole
appraisal period, but separately for each quarter of the year. This ensures
more accuracy in grading. The grades included for each quarter in the “results
achieved” paragraph of the form by ticking the respective box need to be supported by explanatory comments in the respective column. These comments
should highlight any significant accomplishments or significant problems or
weaknesses of the civil servant concerned.
Appraising results achieved requires a high degree of judgment and
cannot be reduced to a simple formula. Two aspects are primarily important
in this context. First: with regard to the degree each work objective has been
achieved, quality, quantity of achievement and keeping deadlines have to be
balanced according to their relative weight for the particular case. Second:
with regard to determining the overall grade for “results achieved” the relative importance and relevance of each work objective has to be weighted.
The “other appraisal criteria” box in the standard form deals with the
further appraisal criteria listed in Article 82 paragraph 2 Law on Civil Servants
and more precisely defined in Articles 12-17 Decree on Appraisal of Civil
Servants. These criteria are interconnected with each other and also with
“results achieved”. The evaluator is required to make an evaluation of the
competences of the appraisee against these criteria and give a rating from 1
to 5 (see above) by ticking the appropriate box on the form, again each grade
has to be supported by an appropriate explanation in the comment box.
The standard form contains two further important comment boxes
dealing with training suggestions for the appraisee and with other observations. This underlines that performance appraisal cannot and should not be
separated from career development of the civil servant concerned. Training
suggestions included in the standard form should be based on practical
observations during the appraisal period. They may either aim at addressing
apparent weaknesses of the appraisee or at developing further his/her abilities, qualities and aptitudes. In “other observations” the evaluator should
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include any special factors not covered elsewhere in the standard form, for
example factors outside the control of the appraisee that have affected
his/her performance.
The appraisal interview
As soon as the appraisal report has been completed by the evaluator,
an interview should be held between the evaluator and the appraisee.
Comparable to a growing number of other European systems the appraisal
interview has been defined as a mandatory part of the procedure (Article 29
Decree on Appraisal of Civil Servants).
The appraisal interview has various purposes; some of them are focusing on past performance some on career development issues. In the interview the appraisee shall be informed of the markings and all comments
made by the evaluator on the standard form. Then any differences between
the evaluator and the appraisee relating to the grades and comments should
be resolved if possible. Additionally the interview serves enabling the evaluator to review the training needs entered into the respective box of the
standard form and to include any other comments. Finally the interview
should be an appropriate opportunity to review work objectives agreed
upon for the coming appraisal period in the light of the current appraisal.
The appraisal interview is a formal event and needs preparation.
Written notice of the interview shall be given to the appraisee, and the interview shall take place the latest within seven days from the receipt of the
invitation (Article 28 paragraph 2 Decree on Appraisal of Civil Servants), in
principle the appraisee should have at least three days to prepare for the
event on the basis of the draft appraisal report transmitted to him/her
together with the invitation. The interview should take place either in the
office of the evaluator or in any other room where nobody else but the participants have access. The duration of the interview will vary, but at least
thirty minutes should be set aside for each interview, interviews considerably longer than one hour should be avoided.
Conducting an effective interview requires from the evaluator some
interviewing skills, which will grow with experience. On the whole the interview should not be conducted in an authoritarian style; the evaluator
should rather choose a style focusing on coaching the appraisee and joint
problem solving. The interview provides a good opportunity to exchange
views between the superior and the appraisee about expectations on the
one side and aspirations on the other side.
At the end of the interview the proposal for an overall grade is included
in the standard form by the evaluator. This proposal must reflect the grading
of the individual appraisal criteria (“results achieved” and “other criteria”).
According to Article 26 Decree on Appraisal of Civil Servants the proposal for
the final grade is obtained as an average of the grade awarded for work objectives related performance and of the average of the grades awarded for the
Hans-Achim Roll, LL.D | PERFORMANCE APPRAISAL IN THE CIVIL SERVICE OF THE REPUBLIC OF SERBIA
other criteria. “Results achieved” is most important in an output oriented civil
service; this criterion therefore accounts for 50% of the overall grade; the
aggregated grades of the other 5/6 criteria account for the other 50%.
The duties of the counter signer
The appraisal report with the proposal for the final grade is signed by
the evaluator after the interview (Article 30 paragraph 2 Decree on Appraisal
of Civil Servants) and then submitted to the counter signer.
The counter signer provides for checks and balances in the appraisal
process. He/she is the immediate superior of the evaluator, and as such further
removed from the work of the appraisee than the evaluator, but he/she will
still have some specific knowledge of the work and the performance achieved.
The tasks of the counter signer are stipulated in Articles 31-32 Decree on
Appraisal of Civil Servants. Primarily he/she should, before countersigning the
report, examine the report and comment accordingly with regard to the issue
whether the appraisal through the evaluator is realistic and properly justified.
In case there is an obvious disagreement between the evaluator and
the appraisee with regard to the content of the appraisal report or to the proposed grade, the counter signer has the right to resolve this difference on
his/her own judgment according to Article 31 paragraph 2 Decree on
Appraisals of Civil Servants. Such differences of opinion will have emerged
primarily during the appraisal interview between the evaluator and the
appraisee. In this case the judgment of the counter signer, which has to be
objectively based, of course, supervenes that of the evaluator. The purpose of
this provision is to present to the Manager a non controversial proposal.
The preparation of the final appraisal decision
The countersigned appraisal report shall be then submitted to the personnel unit according to Article 32 Decree on Appraisal of Civil Servants. The
personnel unit has the duty to check the appraisal report from a technical
point of view, and not in substance. In case there are technical omissions or
other flaws in the report, the personnel unit returns the document to the
evaluator and counter signer for correction according to Article 34 paragraph 1 Decree on Appraisals of Civil Servants. If the report is massively
wrong or if the marking standards applied by the evaluator are evidently
incorrect or differ substantially from common practice within the state
authority, the personnel unit may return the report and ask for a new
appraisal. Legal basis for these steps is Article 44 paragraph 1 No 2 and 3
Decree on Appraisal of Civil Servants. However, in principle the personnel
unit should accept the appraisal report as written. The evaluator and the
counter signer should have more experience of the performance of the civil
servant concerned than the personnel officers.
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On the basis of a correct and complete report (including a final grade)
the personnel unit prepares a proposal for an appraisal ruling of the
Manager (Article 35 paragraph 2 Decree on Appraisal of Civil Servants). In
this proposal the personnel unit is not allowed to make any judgment of its
own, or to amend and change the assessment of the evaluator and counter
signer. The functions of the personnel unit are, as mentioned above, entirely technical.
The proposal for a ruling is submitted to the Manager for decision. It
is advisable not to submit each proposal separately, but to collect an adequate number of reports and proposals and present them together during
the last two weeks of February. This allows for the manager to compare
different appraisals and to organize better his/her time schedule. The
manager is the formal decision maker in the appraisal process. However,
as a rule and in practice the manager should be able to fully rely on the
preparatory work of the evaluator and of the second signatory “translated” into a technical proposal for a ruling through the personnel unit. The
manager may, however, require further information and, as the case may
be, amend any of the markings or comments. But he/she should do so
only if the marks or comments seem unrealistic or if there are unsolved
points between the evaluator and the appraisee. If necessary, the manager shall resolve any remaining disagreement between the evaluator and
the counter signer.
The appraisal ruling of the manager is served formally on the appraisee
together with the appraisal report as soon as possible after the decision has
been taken (see Article 37 paragraph 2 Decree on Civil Servants). The
appraisee shall acknowledge receipt of the ruling in writing.
According to Article 16 paragraph 1 Law on Civil Servants in connection with Article 37 paragraph 2 Decree on Appraisal of Civil Servants
appeal against the ruling may be filed within eight days from the formal
receipt of the ruling. The appeal shall be in writing and with stating
grounds. If the appraisee requests an interview either with the evaluator or
the counter-signer or with an officer form the personnel unit before filing
his/her appeal, this request should be granted. In many cases the appraisee
will abstain from appealing formally after receiving further information
and explanation in an additional interview. In case of a successful appeal
against an appraisal ruling (because of procedural or other shortfalls) the
decision of the Appeals Board does not replace the appraisal ruling, however, the appraisal shall be reconsidered in the light of the reasoning of the
Appeals Board.
Hans-Achim Roll, LL.D | PERFORMANCE APPRAISAL IN THE CIVIL SERVICE OF THE REPUBLIC OF SERBIA
OBSTACLES TO EFFECTIVE APPRAISAL
The biggest obstacle to the operation of effective appraisal styles is
probably the reluctance or even inability of superiors to conduct the appraisal, especially the interview, adequately and in a responsible manner. From
other appraisal systems it is know that superiors tend to misinterpret their
role as evaluator of their subordinates as an additional bureaucratic burden
and as an unnecessary intrusion into their working relations with their
staff. Therefore, creating commitment for the duties related to appraisal is
one of the major responsibilities of the personnel units in each state authority and primarily of the Human Resources Management Service.
Irrespective of these basic problems rational and unbiased appraisal is
far from being an easy exercise. Evaluators as well as counter signers need a
lot of commitment, experience and character to cope with some of the major
difficulties with appraisals, most of which have to do with very human dispositions.
A checklist of these difficulties could include the following items: First:
Appraisal should not be influenced by subjective feelings of the evaluator
favoring an appraisee whom he/she likes or who is similar to him/her.
Actually most civil servants believe that their superior’s evaluation is influenced by subjective elements like sympathy or dislike. Second: It should not
reflect on the entire appraisal, if the appraisee has been either remarkably
successful with one particular task (halo effect) or completely unsuccessful
with another task (black mark effect). Third: Recent accomplishments or mistakes of the appraisee should not overshadow his/her whole performance
during the appraisal period. Fourth: The appraisee should not be rated relative to other civil servants, but against standards and objectives. Fifth:
Appraisal should focus on appraisal and not on anything else, like preserving
a convenient working relationship, encouraging a poorly performing civil
servant, or at avoiding confrontation with an aggressive civil servant. And
finally sixth: Appraisal should deal with parameters which can be controlled
by the appraisee, and not with those beyond his/her control.
CONSEQUENCES OF APPRAISAL
Consequences of appraisal are primarily dealt with by the personnel
units of the respective state authority, which certainly should not restrict
their activities to filing the appraisal reports and rulings. With regard to consequences a distinction should be made between “hard” and “soft “ consequences of appraisal. The “hard” consequences are listed in the Law; the “soft”
consequences refer to human resources management activities like career
planning and providing training. These consequences differ of course for the
out performers on the one side, the good and average performers, and finally
for the unsatisfactory performers on the other side.
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The most obvious consequence of an “exceptional distinction”, a “distinction” and to a certain extent also of a “good” grade is the chance of promotion. With regard to promotion two categories have to be distinguished: out
performing executive civil servants who are marked with “exceptional distinction” at least two consecutive times or with “distinction” at least at four consecutive times may be promoted to a higher ranking job position according to
Article 88 Law on Civil Servants; comparable requirements are stipulated for
promotion of to appointed or higher ranking appointed positions according to
Article 89 Law on Civil Servants. However, it has to be underlined that there is
no promotion automatism. In each case it is necessary, that a vacant job position is available and that the civil servant fulfills the requirements for work on
the respective higher work position. Promotion of executive civil servants on
the pay scale for one or two pay grades without changing jobs is provided for
by the Law on Pay for Civil Servants and Employees. Details depend on the
marks accumulated in one, two or three appraisal periods.
Generally not much more than about 5% of staff, and almost never
more than 10%, will fall into the category of civil servants really deserving the
title of out performers. They are always a highly valuable resource for the civil
service in the respective state authority and should certainly be retained.
Consequently their aspirations regarding training and career development
should be met with priority through human resources management in the
respective state authority.
The majority of civil servants will be marked “good” or “satisfactory”
in any appraisal period. They are in fact the backbone of any administration.
It corresponds to good human resources management practice to review the
medium and long term career objectives of these civil servants following the
appraisal. This review should deal with identifying, if appropriate, transfer
options within the state authority, and with discussing training and other
development needs and possibilities. In many cases there will be no need for
specific follow up action after appraisal, and the civil servant will continue
doing his/her good or average job without any intervention through the
human resources management.
With regard to underachievers two types can be distinguished: first
those who are in fact not capable to perform adequately, and it is perfectly
acceptable, that they are subject to termination of employment as provided
for in Articles 86 Law on Civil Servants, 42 Decree on Appraisals of Civil
Servants. And second those who underperformed and were graded “unsatisfactory”, but who have the potential to improve.
The Law takes due account of this distinction by providing the necessary instruments to identify and support those civil servants who have the
potential. These instruments are an extraordinary appraisal 90 days after
the “unsatisfactory” appraisal has become final and additional professional
training. (See Article 85 Law on Civil Servants, Articles 38 and 39 Decree on
Appraisal of Civil Servants).
The obligatory extraordinary appraisal provided for “unsatisfactory“
civil servants in Article 85 paragraph 2 Law on Civil Servants is different in
Hans-Achim Roll, LL.D | PERFORMANCE APPRAISAL IN THE CIVIL SERVICE OF THE REPUBLIC OF SERBIA
substance from the regular appraisal. It would not make sense to let the
evaluator repeat the whole appraisal exercise after 90 days, because this is
too short a period to produce new realistic and firm results in a performance
oriented appraisal. Therefore, the extraordinary appraisal is focussed on the
potential of the appraisee for future improvement. It has a forward looking
perspective, while the regular appraisal has a retrospective character.
The prognosis adopted in the extraordinary appraisal deals with the
issue whether the civil servant concerned should get a second chance, or
whether the right approach is termination of employment, because there is
no realistic chance that the civil service gets the value out of him/her it
should get. This requires a lot of judgement and fairness from the evaluator
and the counter signer conducting the extraordinary appraisal procedure
provided for in Articles 39 ff Decree on Appraisal of Civil Servants. When the
prognosis is negative, the manager issues a ruling to that effect, stating also
that the employment relationship is terminated. In case of a positive prognosis the civil servant concerned stays in office.
CHARACTERISTICS OF SUCCESSFUL APPRAISAL
The Law on Civil Servants and the Decree on Appraisal of Civil Servants
provide transparent and effective procedures for the appraisal, however, to
make the appraisal scheme really successful and credible, these legal provisions need to be complied with and implemented properly by evaluators,
counter signers and personnel units. And most of all the appraisal systems
need to receive acceptance by the appraisee and commitment from the leadership of the respective state authorities. Acceptance by the appraisee will be
achieved only when appraisal is perceived as valid and free from bias and as
an important element within the individual career development. Leadership
commitment will depend on the effectiveness of the exercise in relation to the
long term objectives of the institution. And finally a successfully implemented appraisal scheme will have also an important and positive impact on the
public perception of the civil service system as a whole.
To ensure that the procedure does not ossify into a mere annual ritual
it is necessary that all persons realize that appraisal is important for them
personally: for superiors with regard to their leadership function, for
appraisee with regard to their career planning and development, and for
personnel units with regard to their human resources management activities. Information and training can support this.
This places a specific responsibility on the capacities for human
resources management in the various state authorities and on the Human
Resources Management Service with regard to organizing mutual information and providing training.
Capacities for human resources management in each state authority
have a series of more general managerial, coordinating and advisory func-
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tions apart from their duties relating to particular stages of the appraisal procedure. Ensuring procedural uniformity is one of these duties (Article 44 paragraph 1 No.2 Decree on Appraisals of Civil Servants). This uniformity can be
promoted through written information and through meetings with evaluators and counter signers to discuss appraisal problems and difficulties. And
advising evaluators and counter signers on all appraisal related issues
according to Article 44 paragraph 1 No. 3 Decree on Appraisal of Civil Servants
is also a permanent task. Consequently at least one staff member in the personnel unit should be the best informed person in the ministry or state
authority with regard to appraisal issues. This staff member should take part
on a regular basis in relevant training measures.
The more general issues with regard to appraisal are dealt with by the
Human Resources Management Service as central institution for civil service
management. The HRMS has the responsibility for ensuring high and uniform standards of appraisal procedures within state institutions and for
planning and providing the relevant training for evaluators as well as the
appropriate training for “unsatisfactory” civil servants as provided for in
Article 85 Law on Civil Servants.
And most important the HRMS has the explicit duty as stipulated in
Article 46 Decree on Appraisals of Civil Servants to issue an analytical report
on the appraisals conducted within the previous year through the various
state authorities. In this report, which is based on the reports prepared by the
particular state authorities (see Article 44 paragraph 2 Decree on Appraisal of
Civil Servants), the HRMS shall monitor the procedure and trace trends, for
example an inappropriate inflation of the highest grades, and identify reform
necessities. On the whole the HRMS report will be the most comprehensive
document on appraisal in the Serbian civil service, contributing also to the
evolution of the scheme.
HUMAN RESOURCE PLANNING
AND COMPETITION PROCEDURE
IN THE LIGHT OF THE NEW
CIVIL SERVANTS SYSTEM
THE OVERVIEW OF THE SYSTEM
IN THE REPUBLIC OF SERBIA
AND CERTAIN COMPARISON WITH THE SYSTEM
OF THE REPUBLIC OF SLOVENIA
[TEFKA KORADE PURG
[tefka Korade Purg, former Secretary General of the Ministry of the Interior and former
Director of the Directorate for Public Administration in the Ministry of Public Administration
of the Republic of Slovenia, also consultant on civil servants system reform of numerous countries in transition
INTRODUCTION
The modernisation of administration is a long term process which is
the element of the change of the entire social system in the transition period. Whenever we get ready for changing a system we must know what the
objectives to be achieved by those changes are. If administrative reform is
one of the significant objectives it means that the reform process must be
a part of other reforms both economic and social. Within the process of
modernisation of administration the objective is known and it is the full
membership in the European Union, as well as an administration which
may satisfy both the membership criteria and the expectation of its citizens; those citizens expect legal certainty and predictability of the administrative system, responsibility and openness, thus transparency of administrative performance and finally efficiency in using the public resources.
This situation was also present in the Republic of Slovenia when the country prepared for the full membership in the EU. The situation is not much
different in the Republic of Serbia which also prepares to fulfil the EU accession criteria. The approximation process has a significant role in the process
of modernising the administration. Within this process a special focus
should be on the introduction of a civil servants system which is the integral part of the modernisation of administration. It is well known that
without qualified and professionally trained civil servants we cannot
expect a professional civil service. Without changes one cannot expect successful reforms and further successful work in the area of human resource
management, both of those civil servants who are already employed and of
those who will be recruited, according to the prescribed procedures and
requirements set out in advance.
The civil servants system is a part of reform which may rely on
European administrative standards as well as on European standards and
recommendations in the field of law that regulates civil servants. The introduction of the civil servants system goes along with the changes in the
organisational structure of state administration. This means that the establishment of a system includes the following phases:
Decision on required system changes with the strategic objectives
to be encouraged in the normative part of the process of modernisation
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of administration (which administrative areas need to be changed in
organisation and functional sense, and which laws and regulations need
to be passed);
Bases, recommendations, standards and principles that will be taken
as the basis of the new normative system;
Scope of disposable resources for the process of modernisation and
especially the implementation of the civil servants system with secondary
consequences in the field of grading, promotion, human resource planning
and especially in the field of conducting the internal and public competitions with the aim of obtaining the best candidates and, in the professional sense, the best civil servants for performing the most complex state
administration tasks.
As the normative part of work in the area of civil servants system
is completed in the Republic of Serbia, the efficient and professional
work in the implementation of the system is required now. This primarily entails the professional training of all civil servants who participate in the process. The Government Act and the State Administration
Act prescribe the working principles of state administration, of which
the principle of publicity of work and principle of expertise, must be
mentioned. The State Administration Act includes bases for human
resource plans and competition procedures, which means that the work
should commence on new bases; there is also a need for change of
thinking and working of all civil servants, especially those who will
deal with human resource tasks in the widest sense of that work. The
state administration in Slovenia underwent all these phases and
encountered equal problems and dilemmas when it started to implement the new system. On the basis of experience we may claim that
the beginning is the most difficult part when the solutions of the new
system must be accepted and the old rules and working methods must
be forgotten. The Civil Servants Act in Slovenia was passed in July 2002
and it started to be implemented in practice on 28 June 2003. A year
should be enough time to adopt a new system but again it was confirmed that implementation in practice is the best way. Only then the
new system is established and the question of which direction to take
is raised. There were many problems in the beginning of the implementation of the system, especially the undertaking of the public competitions and with ranks, as well as with appointed positions; they were all
the changes of the status of officials and their change to the status of a
civil servant with corresponding rights and appointment to positions
for a determined period of time. Some problems were solved by statute
amendments and some in practice, by legal interpretation and mostly
by professional training of civil servants who worked on organisational and human resource tasks and others.
Within the overview of the civil servants system in the Republic of
Serbia the following issues shall be specially examined: the field of human
resource planning and the conduct of public and internal competitions (new
[tefka Korade Purg | HUMAN RESOURCE PLANNING AND COMPETITION PROCEDURE | 69
rules prescribed by law1 and regulations2 shall be presented) together with
the parallel enumeration of rules and particularities of the system in the
Republic of Slovenia.
HUMAN RESOURCE PLANNING
A state administration is, according to the Constitution, an independent
but within the limits of the Constitution and the law. The ministries and other
state administration bodies perform state administration tasks. Organisational
system of state administration in term of its tasks and ministries is prescribed
by the State Administration Act. The internal organisation of state administration authorities is determined by the Government and, on the basis of the general organisation, each administrative authority has its own internal organisation and staffing table which is the basis for the implementation of competitions procedure for occupying vacant job positions. The internal organisation
and staffing table in each state administration authority is regulated by the
Bylaw on Internal Organisation and Staffing Table. The Bylaw comprises the
job positions, the required number of civil servants on each job position and
requirements for each job position. The second important moment in personnel
processes is the process of human resource planning which entails the preparation, passing and subsequent implementation of that plan. The Plan determines for each state authority the number of job positions that may be filled in
the course of the year depending on the scope of means for salaries and other
expenses set out in the passed budget.
In both, theory and practice, special meaning of human resources for
each administration, its successful work and development is well known.
This of course, means that human resources are very important; even more
important than resources in general. The role of human resources was always
a focal point in the preparation of the legislative framework and its subsequent application in practice. The State Administration Act establishes a legislative framework for human resource planning in administration and for
passing by-laws which elaborate in more detail the procedures for the preparation of human resource plans. The Human resource plan is the basis for the
human resource procedures for filling the vacant job positions:
By reassignment of civil servants within and among state authorities;
By recruitment for fixed term employment and indefinite employment
and
Recruitment of interns.
1 Civil Servants Act, Official Herald of the Republic of Serbia, No. 79/05, 81/05-corrigendum and
83/05-corrigendum
2 Regulation on Conducting Internal and Public Competitions for Filling Vacancies in State
Authorities, Official Herald of the Republic of Serbia, No. 3/06 and the Regulation on
Preparation of Human Resource Plan in State Authorities, Official Herald of the Republic of
Serbia, No. 8/06
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The procedure of preparation of the human resource plan is connected to the preparation of the budget, which means that human resource
planning is connected to the planning of the required means for civil servants’ salaries. It is understood that such planning is also connected to the
business plans and scope of work of each civil servant and administration as
a whole. It is important to mention that the procedure of planning and
preparing a budget and human resource plan in the Republic of Serbia
begins in the current year for the next year. This means that the working
conditions of administration are known in advance. The same applies to the
Republic of Slovenia where the starting basis for the preparation of the
budget are known and prepared in advance and on that basis the budget is
prepared for new two years as well as the preparation of the human
resource plan – the corrections of the human resource plan for current year
and following two years. The business plans for the next year is prepared in
the current year; the basis for calculation of civil servants’ salaries and of
other employees in the public sector is known in advance as well as other
expenses and the inflation rate is also determined – all this is the basis for
the preparation of budget and the human resource plan for state authorities,
state administration authorities and certain legal persons from public sector
(public agencies, employment agencies, health insurance funds, pension
and disability insurance fund).
We may say that the system of preparation of human resource plan is
essentially the same in both, the Republic of Slovenia and the Republic of
Serbia, with the difference in term of time limits of approximating the
human resource plan with the passed budget. In Serbia the approximation
of human resource plan with passed budget must be completed within the
time limit of 30 days from the publication of the Budget Act and in the
Republic of Slovenia in the time limit of 60 days from the entry into force of
the Budget Act. In any case in both, Serbia and Slovenia, human resource
plan may be amended if the scope of resources for salaries is changed in the
budget on the basis of the amendments of the Budget Act.
Content of the Human Resource Plan
The Human Resource Plan prepared according to the law and regulations
consists of two parts, the schemes and the explanation. The schemes show, on
one side, the existing number of civil servants and, on the other, the proposal for
the next year. The first part referring to the existing situation also includes:
The existing number of civil servants and general service employees
that are employed for indefinite employment according to position, rank and
type of job position;
The existing number of civil servants and general service employees
that are employed for fixed-term employment according to position, rank
and type of job position;
Existing number of interns according to levels of education.
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The second part of schematic overview that refers to the proposal for
the year for which the human resource plan shall be passed includes:
The existing number of civil servants and general service employees that are required for indefinite employment according to position, rank
and type of job position;
The existing number of civil servants and general service employees that are required for fixed-term employment due to the increased scope
of work according to ranks and types of job positions;
Number of interns according to levels of education required to be
recruited for the year for which the human resource plan is passed.
The explanation of the human resource plan includes information on
achievement of human resource plan for the current year, reasons due to which
there is need to increase or reduce the number of civil servant and general service employees employed for indefinite time period (the change of competences
of an authority as the result of the amendment of legislation may be a reason)
and reasons due to which their job positions should be described and allocated
in a different manner. The explanation should enumerate reasons due to which
there will be an increased scope of work, which will affect the number of civil
servants required additionally in an authority.
When preparing a human resource plan attention should be paid to certain particularities prescribed by a bylaw and those particularities refer to the
period (at the end of the year or in the course of the year) for which the number of civil servants is determined. Thus, the human resource plan proposal for
the year for which the plan is passed includes the proposed number of civil servants and general service employees, who will be employed for indefinite
time period, and proposal of the human resource plan for the year for which
the plan shall be passed includes the number of civil servants and general
service employees, who will be employed for fixed time period due to the
increased scope of work.
When planning the number of interns in the human resource plan for
the year for which the human resource plan shall be passed, it is necessary to
include the number of interns according to levels of qualification whose recruitment is planned for the year for which the human resource plan is prepared.
If we make a comparison with the system in the Republic of Slovenia3,
we may see that the human resource plan consists of a schematic part and the
explanation. The main difference is in the schematic part which includes only
the highest number of all civil servants and officials in a certain state administration authority or other state authority at the end of the year for which the
human resource plan is passed. The human resource plan for state administration authorities (ministries, integrated authorities, governmental services and
3 In the Republic of Slovenia the preparation of human resource plans is prescribed by the Civil
Servants Act (Civil Servants Act, Official Gazette of the Republic of Slovenia, No. 32/2006) and
by the Ministry of Public Administration administrative direction on the content and the procedure for devoloping and proposing human resources plans (Official Gazette of the Republic
of Slovenia, No. 60/06).
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administrative units) is passed as the decision of the Government and the
explanation states which civil servants and officials are included in the human
resource plan and how a civil servant in fixed term-employment fits in the plan
(those servants are employed as the replacement for civil servants absent due
to illness of other justified reasons). When the comparative overview is made it
is especially required to mention in the explanation that the total number of
civil servants does not include civil servants paid from the EU budget (for example, from structural funds). Other state authorities including courts, prosecutors’
office and attorneys’ offices independently pass their human resource plans but
under the same requirements and within the scope of means for salaries provided from the budget4.
Preparation procedure and passing of human resource plans
According to the existing legislation in the Republic of Serbia, the
preparation of human resource plans begins in certain authorities in the following manner: the authorities prepare a human resource draft and submit
it to the Ministry of Finance together with the proposal of the financial plan.
The role of the Ministry of Finance is especially emphasised in this phase
since a great part of the budget serves for paying salaries; thus the ministry
must have important role in the preparation. The question of scope of work
and working programme is always raised since, on one side, it is the state
authority which has certain arguments for certain number of civil servants
required for performance of all tasks from its competence while, on the
other side, it is always the state budget which has limited scope of assets
and must control all users of public means.
The role of the Human Resource Management Service5 is important in
the procedure of preparing the human resource plans. The ministries, special organisations, service of the Government and the expert service of
administrative districts must submit a draft human resource plan to the
Human Resource Management Service while courts and prosecutors’ offices
submit their drafts to the Ministry of Justice.
Prepared human resource drafts must be verified in the following
cases: if they are prepared in accordance with the provisions of the regulations; if necessary the guidelines for removing deficiencies will follow. It
4 Article 43 of the Civil Servants Act prescribes the authority which prepares the draft of the
human resource plan in the Republic of Slovenia. The Ministry of Public Administration is
competent for state administration authorities, the Supreme Court for courts, the State
Prosecutor’s Office for prosecutors’ offices and the State Attorney’s Office for attorneys’ offices.
Other state authorities are independent.
5 The Regulation on Establishment of the Human Resource Management Service enumerates
competences of the Service. Article 2 prescribes that the Service prepares for the Government
the proposal of the human rescore plan and ensures the proper implementation of the passed
human resource plan.
[tefka Korade Purg | HUMAN RESOURCE PLANNING AND COMPETITION PROCEDURE | 73
is also necessary to verify if the plans are prepared in a way that the
Ministry of Finance will approve the sum of money required to pay
salaries from the budget. If there are no objections the procedure for
preparing the draft of human resource plans is completed and after passing the budget it is necessary to prepare a proposal of a human resource
plan. Certain authorities have competences in the procedure of preparing
the proposal of a human resource plan. Primarily, it is the Human
Resource Management Service, which prepares proposals of a human
resource plan for ministries, special organisations, and services of the
Government and expert services of the administrative districts as well as
the Ministry of Justice, which prepares proposals of a human resource
plan for all courts and public prosecutors’ offices. Other state authorities
independently prepare a proposal of a human resource plan. The time
limit for preparation of the proposal of a human resource plan is eight
days from the date of publication of the Budget Act of the Republic of
Serbia in the Official Herald of the Republic of Serbia. There is a subsequent verification of proposals of human resource plans where certain
authorities have a significant role; according to the provisions of the regulation governing the preparation of the human resource plans each
authority is obliged to verify if the data are correct and if the proposal of
human resource plan is adjusted with the assets at the disposal for the
salaries. The verification of adjustment of the proposals of human
resource plans with the available assets for salaries is an important part of
the procedure and the Ministry of Finance again has an important role.
Supervision over implementation of human resource plan
Following all procedures of verification within its competences for
passing the human resource plans the competent authorities, that is the
Government and the Ministry of Justice and principals of other authorities, pass human resource plans which become the basis for the further
work of authorities in the field of human resource management. An efficient work entails the supervision and there are supervision competences
for the implementation of the passed human resource plan. The adjustment of filling the vacant job positions with the human resource plan is
especially significant. The administrative inspection performs this task in
the Republic of Serbia. The role of the Human Resource Management
Service which follows the implementation of human resource plans is also
important. On the basis of this follow-up the Service prepares a report for
the Government, upon its request. In case of any deviation the
Government may, within its competences, order a state administration
authority to undertake corresponding measures.
In the Republic of Slovenia the competence for supervision of
implementation of the human resource plan is vested in the Ministry of
Public Administration which must monthly follow, on the basis of the
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decision of the Government, 6 the implementation of the human
resource plan. If it finds out that certain authority has more employees
than what was determined in the human resource plan it may supervise the recruitment. This means that the authority may no longer
independently decide on employment of new civil servants even in the
case when it has a need to employ a civil servant for a fixed termemployment due to the absence of some other civil servant. This decision is passed due to the Government’s decision to reduce the number
of employed civil servants not only in state administration authorities
but in the entire public sector and in the part of the public sector where
the Government has a possibility to influence the number of employed
civil servants.
CONDUCT OF THE INTERNAL AND PUBLIC
COMPETITION
As it was already said, the legal basis for filling the vacant job position
in the administration is prescribed by the Civil Servants Act and regulation
(it regulates the procedures). The legal basis is not only important because of
the fact that the administration should function on the basis of the law and
secondary legislation but also for principles and standards with the aim of
efficient administration, the best human resources and accessibility of job
positions under equal conditions for all.
The Civil Servants Act, as the basis for filling vacant job positions,
includes the employment requirements among which are citizenship,
professional qualifications and other requirements in connection with
the Bylaw on Internal Organisation and Staffing Table and the passed
human resource plan. In relation to the citizenship requirement the
European standards are very interesting as they allow an exception from
the free movement of workers principle and which applies to the civil
servants positions. This standard as well as other standards and principles are incorporated in the Civil Servants Act.
The Act also prescribes the modalities of filling a vacant job positions
depending on whether it is an appointed or executive one. The modalities
are the following: the reassignment, the internal and public competition
and the appointment. It may be said that the law by rule prescribes reassignment from the same or another state authority and following that the
compulsory internal competition in the state administration authorities. If
the internal competition fails, the public competition is an option and the
6 Decision of the Government of the Republic of Slovenia, No: 10002-18/2006/19 of 06/07/06,
(Consolidated human resources plan of the state administration authorities for year 20062008; 81st regular session of 06/07/2006) - http://www.mju.gov.si/si/zakonodaja_in_dokumenti/pomembni_dokumenti/
[tefka Korade Purg | HUMAN RESOURCE PLANNING AND COMPETITION PROCEDURE | 75
employment of the candidate who, according to special criteria,7 was chosen
as the best candidate at the public competition.
On the basis of the Act, the Government passed a special regulation
which determines the procedure of conducting the internal and public competition for filling a vacant job position in state authorities. The regulation
must be applied together with the statute and in that manner it is possible
to have a transparent and lawfull procedure for selecting candidates who
fulfil both formal and expert requirements and requirements regarding
knowledge and skills required for the performance of administrative tasks
in executive job positions.
The comparative solution and example are contained in Article 122
of the Constitution of the Republic of Slovenia8, which states that the
employment in administrative services is possible only on the basis of
public competition, unless otherwise is prescribed by law. These exceptions on the basis of the statute are possible only for employment in
security services or in the area of the national defence of the country. The
public competition procedure is regulated in detail by the Civil Servants
Act and it is necessary for filling of civil servants’ positions when a
vacancy position is filled by employment of a candidate coming from
outside of administration.
Internal Competition
An internal competition for filling a vacant job position is conducted if the position is not filled by reassignment from the same state
authority. This means that the internal competition is compulsory when
a job position is not filled by reassignment. The rules according to which
the internal competition is conducted are the same that apply to the
public competition, except provisions on advertising of a vacant job
position and the time limit for the submission of applications. The general rule for conducting internal competitions states that the following
categories may participate in that competition: civil servants who fulfil
requirements for promotion, civil servants who work in the same rank
as the rank of the job position that is being filled and civil servants who
are unassigned. In relation to the conduct of an internal competition it
is necessary to especially emphasise that the rules and competences of
the human resource management service are connected to the conduct
of the internal competition for state administration authorities and
services of the Government. Those rules also apply to other state author7 Special criteria are prescribed by the administrative direction on professional qualifications,
knowledge and skills that are verified in the selection procedure, modalities of their verification and criteria for selection to the job position, Official Herald of the Republic of Serbia, No.
64/2006.
8 Constitution of the Republic of Slovenia, Official Gazette of the Republic of Slovenia, No. 33/1991.
76 | [tefka Korade Purg | HUMAN RESOURCE PLANNING AND COMPETITION PROCEDURE
ities, although some of them are specially determined by the principal
(for example, the method of advertising the internal competition).
It is necessary to mention that the internal competition is compulsory
for state administration authorities. The regulation determines another possibility for the internal competition and that is to be conducted only within
one state authority or service of the government under the condition that
the authority or service has more than 100 prescribed job positions. Only
civil servants from that authority may participate in the competition under
the conditions that they satisfy necessary requirements. If the internal competition fails the next step is a public competition at which civil servants
from other state administration authorities and services of the government
may participate. Those civil servants must fulfil the requirements for the
participation in the competition which also entails the fulfilment of the
requirements of the job position.
The Human Resource Management Service advertises the internal
competition when the requirements for advertising are met. This means
that the principal of the authority passed a ruling on filling the vacant
job position, that the job position is prescribed by the Bylaw on the internal organisation and staffing table and that the filling of the vacant job
position is in accordance with the addopted human resource plan.
According to the Regulation the competition is advertised on the web
page of the Human Resource Management Service, on the notice board of
the Service and of the authority in question or of the government service.
The selection panel conducts the internal competition. The principal of
the authority appoints the selection panel and one member of the selection panel must be a civil servant from the Human Resource
Management Service. The role of this selection panel is very important
since it already has an active role at the beginning of the competition.
The selection panel must prepare criteria for the selection and evaluation
of the professional qualifications, knowledge and skills of a candidate. In
a case where the internal competition fails, the same selection panel
shall conduct a public competition.
In order to have a lawful internal competition according to rules set
and known in advance it is very important to respect all provisions as well
as the provision regarding information that an advertisement must contain.
This is the following information:
Information on authority in which the vacant job position is filled,
information on job position and location of work;
Information on working conditions, professional requirements,
knowledge and skills evaluated in the selection procedure and the modalities of their verification;
Time limit in days and the address for submission of applications;
Date of advertisement;
Documentation enclosed with the application with the note that in
case of a competition conducted in an state administration authority or
[tefka Korade Purg | HUMAN RESOURCE PLANNING AND COMPETITION PROCEDURE | 77
service of the Government for filling the vacant job position the applicant is
not required to submit proofs on facts, that are official records kept by an
authority;
Information on authority from which civil servants may participate in the internal competition;
Information on civil servants that may participate at the internal
competition.
The advertisement of the internal competition must contain some
information on the type of a job performed in the job position and there
must be information on the contact person. Only when the advertisement
is clear on what information is required from candidates shall the applications be complete and valid and the selection panel shall have less work.
Upon expiry of the time limit for submission of the applications the selection panel must examine all applications, enclosed documentation and
establish which candidate fulfil requirements for the specific job position.
The selection panel will short list those candidates and the selection procedure will take place. The work of professional services and the work of
the selection panel must be professional and legal since, according the law
and regulation, a participant of the internal competition has the right to
appeal under the same requirements as for public competition. This
means that a participant may lodge an appeal within eight days from the
day the ruling was served (the ruling is served on everyone). The reasons
for the appeal are the following:
if he/she believes that he/she satisfies the requirements for
employment in the given position but was not taken into consideration;
or that the chosen candidate is not eligible for employment in the
given position;
or that significant irregularities occurred during the selection procedure.
A participant in a public competition shall have the right to examine
the documentation and the selection panel shall decide on appeal according
to the provision of the General Administrative Procedure Act.
There are no significant differences between the conduct of internal
competition in the Republic of Serbia and the Republic of Slovenia. The
internal competition in Slovenia is regulated by the provisions of the Civil
Servants Act and regulations9 that determine the procedure for filling a
vacant job positions. The procedure is less formal and there is no appeal.
9 In Slovenia the procedure is regulated by the Regulations on procedures for filling vacant job posi-
tions in state administration authorities and judicial bodies, Official Gazette of the Republic of
Slovenia, No. 22/2004, 57/05, 10/06, which was amended due to changes of the Civil Servants Act. An
important novelty in the procedure of submitting the applications for the internal competition refers
to documentation that needs to be proposed by the applicant. In the light of the polite and efficient
administration the participants of the competition should only give statement to meet requirements
and the authority conducting the competition should verify information given in the statement or to
get information from official records. On the basis of this the competition is conducted and the best
candidate is selected.
78 | [tefka Korade Purg | HUMAN RESOURCE PLANNING AND COMPETITION PROCEDURE
Significant difference concerns the authority for conducting the internal
competition – in Serbia it is the exclusive competence of the selection
panel while in Slovenia the selection panel is one of several possible
authorities.
The differences are the following:
REPUBLIC OF SERBIA
A selection panel conducts
the internal competition.
A participant has the right to
appeal the ruling under the
same conditions as for the
public competition
Compulsory internal
competition when the positions are filled by the
Government.
The list of candidate is
prepared from which the
principal must choose one
candidate.
REPUBLIC OF SLOVENIA
The principal, chief of an internal
unit, authorised person or selection
panel conduct the internal competition.
A participant in the internal
competition only receives a notice
that he or she was not chosen and
can inspect all documentation.
Compulsory internal competition
when the positions are filled by
the Government.
Only one candidate is chosen who
the best is in the professional
sense.
Public Competition
The next step in filling a vacant job position is the public competition in a
case when an internal competition failed. According to law, a public competition
is compulsory if an intern is recruited. The Human Resource Management Service
again has a significant role since it advertises a public competition in the Official
Herald of the Republic of Serbia and in a daily newspaper which is distributed on
the territory of the country. The advertisement is submitted to the institution
competent for employment as well as information on the vacant job position. The
official advertisement is the advertisement in the Official Herald. The time limit
commences the first day after the publication of the advertisement. The advertisement of a public competition is put on the web page of the Human Resource
Management Service with the information on the date of publication in the
Official Herald and the time limit for applications.
If we look again at the differences between the system of advertising
a public competition in the Republic of Serbia and in the Republic of Slovenia
we may observe the following ones:
[tefka Korade Purg | HUMAN RESOURCE PLANNING AND COMPETITION PROCEDURE | 79
REPUBLIC OF SERBIA
Public competition is
advertised by the Human
Resource Management Service
which has secured financial
means at its disposal
The Official Herald of the
Republic of Serbia and any
public newspaper which is
distributed in the whole
Republic of Serbia.
Web page of the Human
Resource Management
Service with the note on publication in the Official Herald
and with the time limit for
submission of application.
According to the Regulation
the advertisement is submitted to the authority competent for employment.
REPUBLIC OF SLOVENIA
Each state administration
authority advertises independently and each authority has financial
means in its financial plan.
The Official Gazette of the
Republic of Slovenia and any daily
newspaper.
Obligatory publication on the web
page of the Ministry of Public
Administration.
Submitted to the Employment
Agency – compulsory according to
the Insurance Act during the
unemployment
The content of the public competition advertisement does not differ
significantly from the content of the internal competition but it only has to
have certain other information. The advertisement has to contain also the
following information:
information on the authority in which the job position is filled, job position and location of work;
information on working conditions at the job position;
information of types of tasks at the job position;
information on expertise, knowledge and skills that are evaluated in the
selection procedure and modalities of their verification;
time limit and address for applications;
name and surname of a person authorised to give information on public
competition and
documentation to be enclosed with the application.
Evidence must be either original or the certified copies of the following
documents: citizenship certificate, the birth certificate, certificate of degree
and working experience and other evidence on fulfilment of requirements
for a job position. There is always a discussion on what is an appropriate certificate of working experience. Most often it is the document called “work
80 | [tefka Korade Purg | HUMAN RESOURCE PLANNING AND COMPETITION PROCEDURE
booklet” 10 which contains enumerated years of service experience with the
title of organisation where the candidate worked. The mere information on
years of service does not prove someone’s working experience and thus other
evidence must be submitted. According to the regulation a civil servant
encloses a ruling on reassignment and the ruling on unassigned civil servant;
in this way the fulfilment of requirements for the job position is proved.
In relation to evidence it is very interesting to show the situation in the
Republic of Slovenia. After the amendments of the Civil Servants Act and after
the amendments of the General Procedure Act there is a change of all data
from official records between authorities, except those data referring to taxation data or to data from criminal records for which an authority needs written consent of an individual. This means that participants in a public competition may only propose statements on the fulfilment of requirements for job
position for which a public competition is advertised and the authority itself
must verify if the data is correct and if a candidate fulfils the requirements. A
special obligation of the state administration of the Republic of Slovenia refers
to verification of evidence of professional qualification at universities and
schools. This means that it is necessary to verify, before the signing of the
employment contract, if the certificate on graduation or some other certificate
on professional qualification is genuine.
All those procedures are new and they will undoubtedly create problems. However, in the light of principles of efficient, fast and transparent
work of state administration it is necessary to start working in this way.
Supervision over conduct of internal and public competitions
Both, the law and the regulation on conduct of internal and public
competitions, prescribe supervision. The administrative inspectorate is competent for supervision and it monitors the adjustment of filling the job positions with the bylaw on internal organisation and staffing table and Human
Resource Plan. The administrative inspectorate supervises the legality of
conducting the internal and public competition. Unlike the system in the
Republic of Serbia the inspectorate for the civil servants system in the
Republic of Slovenia is competent for supervision of conducting the internal
and especially public competitions. It acts in accordance with the Civil
Servants Act. This solution proved to be a very good solution since the
inspection in this manner helped in rendering the public competition procedures to be better, efficient and legal.
10 A work booklet is a document that is not known in the member states of the EU. The
Republic of Slovenia has kept a work booklet which is in accordance with the Employment
Relations Act. Recently there have been discussions on its abolition and its replacement with
the ‘social card’.
[tefka Korade Purg | HUMAN RESOURCE PLANNING AND COMPETITION PROCEDURE | 81
CONCLUSION
As all changes were prepared and implemented with the aim of a better and more efficient administration, on the basis of the brief overview of
the civil servants system in the Republic of Serbia and the Republic of
Slovenia we may claim that the new system is a proper basis for a lawfull
and transparent work of the administration which offers more possibilities
for the selection of candidates that are best in the professionals sense.
This brief overview at the same time demonstrates that the reforms
processes and the modernisation of the administration in both, Slovenia and
Serbia, are the processes that went or go towards the modern development
trends and approximation of state administrations in the light of European
standards and principles and in the light of better services for their citizens
and other users of administrative services.
CIVIL SERVANTS ACT
“OFFICIAL HERALD OF THE REPUBLIC
OF SERBIA”, NO. 79/2005
Please note that the Regulation on Classification of Posts of Employment and Measures to
Describe Jobs of Civil Servants and the Regulation on Classification of General Service Posts are
not included in this compilation of laws
Content of the Act
(1)
(2)
Article 1
This act shall govern the rights and obligations of civil servants and
certain rights and obligations of general service employees.
Certain rights and obligations of civil servants in specific state authorities may be regulated differently by a special statute, if the nature of
their work requires so.
CHAPTER I
INTRODUCTORY PROVISIONS
85
(1)
(2)
(3)
Article 2
A civil servant is a person whose job description includes tasks from the
domains of the state administration, courts, public prosecutors’ offices,
the Republic Public Attorney office, services of the National Assembly,
the President of the Republic, the Government, the Constitutional Court,
and services whose management is elected by the National Assembly
(hereafter: state authorities) or related general legal, informatics, financial, accounting and/or clerical tasks.
Civil servants shall not be the following: members of the Parliament,
the President of the Republic, the Constitutional Court justices, members of the Government, judges, public prosecutors and deputy public
prosecutors, and other persons elected to the office by the National
Assembly or appointed by the Government, as well as persons ranked
as officials pursuant to separate regulations.
A general service employee is a person in a state authority whose job
description includes ancillary technical tasks.
Employer of Civil Servants and General Service Employees
(1)
Article 3
The Republic of Serbia shall be the employer of civil servants and general service employees.
CIVIL SERVANTS ACT
Definition of a Civil Servant and a General Service Employee
A
(2)
The Principal Officer of a state authority (hereafter: the Principal) shall
administer the rights and obligations of the employer in the name of
the Republic of Serbia unless otherwise is prescribed by this or another statute or another regulation.
Application of General Labor Law and the Special Collective
Agreement
(1)
CHAPTER I
(2)
CIVIL SERVANTS ACT
86
A
(3)
Article 4
The general labor law and the Special Collective Bargaining
Agreement for Civil Service (hereinafter: the Special Collective
Bargaining Agreement) shall apply to the rights and obligations of
civil servants that are not governed by this or another statute or other
regulation.
The Government and representative trade unions established for the
[entire] territory of the Republic of Serbia shall enter into the Special
Collective Bargaining Agreement.
The general labor law and the Special Collective Bargaining
Agreement shall apply to rights and obligations of general service
employees unless otherwise is prescribed by this or another statute.
Legality, Impartiality and Political Neutrality
(1)
(2)
Article 5
A civil servant shall be obligated act in accordance with the
Constitution, the law and other regulations, in conformity with professional rules, impartially and politically neutrally.
At work, a civil servant may neither express nor advocate his/her
political beliefs.
CHAPTER II
PRINCIPLES GOVERNING
THE WORK OF CIVIL SERVANTS
87
Accountability for Performance
(1)
(2)
Article 6
A civil servant shall be accountable for lawful, professional and efficient discharge of his/her functions.
No one may influence a civil servant to act or refrain from acting contrary to the law.
Article 7
Favoring or discriminating against a civil servant in enjoyment of
his/her rights and responsibilities, particularly on racial, religious,
gender, ethnic or political grounds or for [any] other personal attribute
shall be prohibited.
Access to Information on Civil Servants’ Performance
Article 8
The general public shall access information on civil servants’ performance in accordance with the statute governing free access to information of public interest.
CIVIL SERVANTS ACT
Prohibition of positive and/or negative discrimination
A
Equal Access to Vacancies
(1)
(2)
Article 9
All vacancies in a state authority shall be available to all candidates
for employment under equal conditions.
The selection of the candidates shall be based on their professional
qualifications, knowledge and skills.
Professional Advancement and Development
(1)
CHAPTER II
(2)
CIVIL SERVANTS ACT
88
A
Article 10
The advancement of a civil servant shall depend on his/her professionalism, performance, and needs of a state authority.
A civil servant shall have the right and obligation to vocational training that corresponds to the needs of the state authority.
Equal Opportunities
Article 11
All civil servants shall be equal when decisions on their promotion,
rewarding and legal protection are being made.
I. RIGHTS OF CIVIL SERVANTS
Working Environment
(1)
(2)
Article 12
A civil servant shall be entitled to: a working environment wherein
neither his/her life nor health would be endangered, technical and
other means he/she needs to work, and protection in case of a threat,
assault and other forms of endangering his/her safety at work.
At the request by a civil servant, the Principal must implement measures for the protection of the civil servant’s safety at work.
CHAPTER III
RIGHTS AND OBLIGATIONS
OF CIVIL SERVANTS
89
Salary
Article 13
A civil servant shall have the right to salary, compensation and other
emoluments in accordance with the statute governing emoluments
in state authorities.
(1)
(2)
Article 14
A civil servant shall have the right to vacation and leave pursuant the
general labor law and the Special Collective Bargaining Agreement.
A civil servant shall have the right to an annual vacation for a minimum of 20 and a maximum of 30 workdays pursuant to the criteria
set forth in the Special Collective Bargaining Agreement.
Membership of Trade Unions and Professional Societies
Article 15
A civil servant shall have the right to membership to trade unions
and/or professional societies as well as the managing bodies thereof.
CIVIL SERVANTS ACT
Vacation and [other] Leaves
A
Right to Appeal
(1)
(2)
(3)
Article 16
A civil servant shall have the right to appeal a decision whereby
his/her rights and duties are determined unless this statute explicitly
rules this out.
An appeal must be filed within eight days from the service of a ruling,
unless this statute prescribes a shorter time limit.
An appeal shall stay execution of a ruling unless otherwise is expressly prescribed by this statute.
CHAPTER III
Additional Rights of Civil Servants
90
Article 17
In conformity with this statute and the general labor law, the Special
Collective Agreement may stipulate [additional] rights of civil servants not prescribed by this statute.
II. OBLIGATIONS OF CIVIL SERVANTS
Execution of Orders
(1)
(2)
(3)
Article 18
A civil servant shall be obligated to execute his/her superior’s verbal
order except whenever he/she (the civil servant) deems that the order
is contrary to the law, rules of the profession, or that the execution
may cause damage. The civil servant shall communicate this [objection] to his/her superior.
The civil servant must execute an order that the superior has re-issued
in writing, and notify the Principal thereof in writing.
A civil servant must refuse to execute a verbal and/or written order
whose execution would represent a criminal offence and must notify
the Principal in writing about the case i.e. notify the supervisory body
when the order was issued by the Principal.
CIVIL SERVANTS ACT
Reassignments
A
Article 19
A civil servant shall be obligated to accept a position in the same or
another state authority he/she is temporary or permanently assigned
to in conformity with the provisions of this statute.
Temporary Work not specified in the Job Description
(1)
Article 20
In order to meet a temporary rise of activities or to substitute an
absent civil servant and upon a written order by his/her superior, a
civil servant shall be obligated to execute tasks not specified in his/her
job description if he/she satisfies the requirements for the job.
(2)
(3)
The superior shall determine the type and duration of the work by his
written order [but the duration shall be limited] to a maximum of 30
workdays.
The work may last longer than 30 days if the civil servant is required
to replace another civil servant or the post is vacant.
Temporary Assignment to a Lower-rank Post
(2)
Work in a Working Group
Article 22
A civil servant shall be obligated to act upon a written order whereby
the Principal assigns him or her to work in a working group within
his/her own or another state authority.
Keeping Official and Other Secrets
Article 23
A civil servant shall be obligated keep official and/or other secrets as
determined by a statute or other regulation.
CHAPTER III
(1)
Article 21
In case of natural disasters, force majeure or other unforeseeable
events and upon a written order of his/her superior, a civil servant
must work as long as the underlying circumstances exist at a post
lower in rank than his/her own.
The [affected] civil servant shall retain all the rights that derive from
his/her [regular] post throughout that period.
91
Observing Work Hours
(2)
III. PREVENTING CONFLICT OF INTERESTS
Ban on Accepting Presents and Misusing Positions in State
Authority
(1)
(2)
Article 25
A civil servant must not accept any gift, other favor or benefit in relation
to discharge of his/her [official] duties, for either himself/herself or other
person, except a protocol or appropriate presents of a smaller value.
A civil servant must not use his/her position in a state authority to
exercise influence on his/her or related persons’ rights.
CIVIL SERVANTS ACT
(1)
Article 24
A civil servant must observe the working hours and the Code of
Conduct applied in a state authority.
Whenever prevented from working a civil servant must inform
his/her immediate superior about the [underlying] reasons within 24
hours from their emergence.
A
(3)
The statute governing prevention of conflict of interest in the discharge of public office shall apply to determination of the related persons and acceptance of gifts.
Outside Work
(1)
CHAPTER III
(2)
92
Article 26
Subject to a written consent by the Principal, a civil servant may work
for other employers outside his/her work schedule provided that the
outside work: is not prohibited by a statute or other regulation, does
not create prospects for conflict of interests, or does not affect impartiality in discharging his/her duties.
The Principal’s permission shall not be needed to: carry out outside scientific research, publish copyrightable material, or work with cultural
and artistic, humanitarian, sports and similar institutions.
Nevertheless, the Principal may forbid this work if it prevents or
impedes the [regular] work of a civil servant or damages reputation of
the state authority.
Information on Outside Work
(1)
(2)
Article 27
A civil servant must inform the Principal about his/her outside work.
When the [concerned] civil servant manages a state authority, the
state authority or body in charge of his/her appointment shall decide
on giving assent to his/her outside work.
Ban on Establishing Commercial Entities and/or Public Services
(1)
(2)
CIVIL SERVANTS ACT
(3)
A
Article 28
A civil servant may not establish a commercial entity or public service
or perform entrepreneur activities.
The statute governing prevention of conflict of interests in the discharge of public functions shall apply to conveyance of the managerial powers in a commercial entity to other persons.
A civil servant shall be obligated to submit the data on the transferee to the Principal together with the evidence of the conveyance,
while a civil servant in an appointed position must submit the
equivalent to the Republic Committee for Resolving Conflicts of
Interest.
Limitations on Membership to Managing Bodies of a Legal Person
Article 29
A civil servant may not be the director, a deputy or assistant director
of a legal person but may be a member of the Executive or Supervisory
Board or other managing body of a legal person if appointed to it by
the Government or other state authority in accordance to a special
regulation.
Declaring Interests in a Decision of a State Authority
(3)
Application of Law Governing Prevention of Conflict of Interests
in Discharge of Public Function
Article 31
Statutory legislation and other regulations governing prevention of
conflict of interests in the discharge of public office, as well as the
provisions of this statute on outside work and ban on establishing
commercial entities and/or public services and/or undertaking entrepreneurial activities shall apply to civil servants holding appointed
positions.
CHAPTER III
(2)
93
CIVIL SERVANTS ACT
(1)
Article 30
In order to enable decision-making on his/her exemption, a civil servant must inform his/her immediate superior in writing about each
interest that he/she or a person related to him/her may have in relation to any state authority act in whose issuance he/she participates.
A civil servant managing a state authority shall inform in writing the
state authority or body in charge of his/her appointment on his/her
interests.
The aforementioned shall not affect [the application] of the rules on
exemption prescribed by the statute governing the general administrative procedure.
A
CHAPTER IV
TYPES OF CIVIL SERVICE JOBS
94
I. APPOINTED AND EXECUTORIAL* POSITIONS
(1)
(2)
Article 32
Depending on complexity of duties, powers and responsibility, all civil
service positions shall be assorted as either appointed or executorial ones.
The provisions of this statute on classification of the jobs shall not apply
to police officers, customs and tax officers, civil servants working on security related affairs, and civil servants working with penitentiaries.
II. APPOINTED POSITIONS
Definition
(1)
CIVIL SERVANTS ACT
(2)
A
Article 33
An appointed position is a post where a civil servant has powers and
responsibilities pertinent to directing and coordinating work in a state
authority.
An appointed position shall be received by appointment by the
Government or other state authority or body.
Appointed Positions in the Government and other State
Authorities
(1)
Article 34
The Government shall make appointments to the following positions:
assistant minister, secretary of a ministry, director of an authority within
* Remark by the translator: “Executorial” has been chosen instead of “Executive” as the latter
is usually associated with chief officers of a government, state, or political division or persons
having administrative or managerial authority.
(2)
a ministry, assistant director of an authority within a ministry, director of
a special organization, deputy and/or assistant director of a special organization, director of a government service, deputy and/or assistant director
of a government service, deputy and/or assistant of the Government
General Secretariat, the Republic Public Attorney, the Deputy Republic
Public Attorney and the head of an administrative district.
Appointed positions in the courts and public prosecutors’ offices shall
be specified by acts of the Supreme Court of Serbia and the Republic
Public Prosecutor respectively. The appointed positions in other state
authorities shall be specified by their acts.
Definition and Classification into Ranks
(1)
(2)
(3)
Article 35
Executorial positions are all those positions that are not appointed,
including positions of officers managing internal units within a state
authority.
Executorial positions shall be assorted into ranks depending on the
complexity of duties and responsibility, knowledge and skills
required, and working environment.
The ranks shall be the following: Senior Counsellor, Independent
Counsellor, Counsellor, Junior Counsellor, Associate, Junior Associate,
Clerk, and Junior Clerk.
CHAPTER IV
III. EXECUTORIAL POSITIONS
95
(1)
(2)
Article 36
The rank of a senior counsellor shall entail the most complex tasks that
can significantly influence the policy-making process or achievement
of results in certain fields from a state authority’s sphere of activities.
[The post at this rank] requires creativity, initiative, high level of professionalism, independence and experience without turning to the superior except about policy-making related issues only.
A civil servant ought to have a university degree and at least seven
years of relevant professional experience to work in the rank of a senior counsellor.
Independent Counsellor
(1)
Article 37
The rank of an independent counsellor shall entail complex tasks that
require specialized knowledge and experience, analytical capacity,
independent work without supervision by the superior, as well as
decision-making in complex cases in line with the superior’s general
guidelines and instructions.
CIVIL SERVANTS ACT
Senior Counsellor
A
(2)
A civil servant ought to have a university degree and at least five
years of relevant professional experience to work in the rank of an
independent counsellor.
Counsellor
(1)
CHAPTER IV
(2)
Article 38
The rank of a counsellor shall entail complex tasks that are mostly precisely defined, application of predetermined methods, procedures, or
professional techniques, clear limits of independent action and occasional supervision by the superior. The job shall require the ability to
solve problems without individual directives from the superior and/or
turning to the superior except for complex issues that require additional knowledge and experience.
A civil servant ought to have a university degree and at least three
years of relevant professional experience to work in the rank of a
counsellor.
Junior Counsellor
(1)
96
(2)
Article 39
The rank of a junior counsellor shall entail complex tasks that involve
application of predetermined methods, procedures, or professional
techniques within precisely established limits of action and under
regular supervision by the superior, as well as decision-making based
on the established practice and general and individual instructions
from the superior. The job shall require the ability to solve minor technical or procedural problems.
A civil servant ought to have a university degree and have completed
his/her internship to work in the rank of a junior counsellor.
Associate
CIVIL SERVANTS ACT
(1)
A
(2)
Article 40
The rank of an associate shall entail less complex duties encompassing a limited group of interrelated different tasks that
require the capacity for independent application of adequate
work methods, procedures or professional techniques subject to
general guidance and instructions as well as occasional supervision by the superior.
A civil servant ought to have a post-secondary diploma* and at least
three years of relevant work experience to work in the rank of an
associate.
* Third-level diploma in UK, or an associate degree in USA
Junior Associate
(1)
(2)
Article 41
The rank of a junior associate shall entail less complex precisely defined
duties, application of adequate methods, procedures or professional techniques and the ability to solve routine problems subjected to general and
individual operational instructions and regular supervision by the superior.
A civil servant ought to have a post-secondary diploma and have completed his/her internship to work in the rank of a junior associate.
(1)
(2)
Article 42
The rank of clerk shall entail administrative, technical and other
duties that are mainly routine [in character] and include a wider range
of tasks that may require knowledge and application of simpler work
methods and procedures and that are carried out autonomously under
occasional supervision by the superior.
A civil servant ought to have a secondary school diploma and at least
two years of relevant professional experience to work in the rank of a
clerk.
Junior Clerk
(1)
(2)
Article 43
The rank of a junior clerk shall entail routine administrative, technical
and other duties with a limited range of similar tasks that may require
knowledge and application of simple procedures and work methods
under occasional supervision by the superior.
A civil servant ought to have a secondary school diploma and have
completed his/her internship to work in the rank of a junior clerk.
CHAPTER IV
Clerk
97
(1)
(2)
Article 44
A regulation of the Government that applies to state administration
authorities, services of the Government, courts, public prosecutors’
offices and the Republic Public Attorney’s Office shall govern: classification of the appointed positions and the principals of internal units;
specification of the types of tasks carried out by each rank; and the criteria for elaboration of job descriptions in a bylaw on the internal
organization and staffing table.
Positions and tasks in other state authorities shall be categorized by
their own acts.
CIVIL SERVANTS ACT
IV. JOB CLASSIFICATION BY REGULATIONS
A
FILLING IN THE VACANCIES
I. COMMON PROVISIONS
CHAPTER V
1. ELIGIBILITY FOR EMPLOYMENT
98
(1)
(2)
Article 45
An adult citizen of Serbia & Montenegro that satisfies the required
professional qualifications and other requirements prescribed by a
statute, other regulation or the bylaw on the internal organization
and staffing table, may be employed as a civil servant unless his/her
[prior] employment with a state authority was terminated due to a
grave breach of employment relation duties and/or he/she was convicted to imprisonment exceeding six months.
Besides, a university degree and at least nine years of relevant professional experience shall be required to hold an appointed position.
2. BYLAW ON THE INTERNAL ORGANIZATION AND STAFFING
TABLE OF A STATE AUTHORITY
CIVIL SERVANTS ACT
Article 46
The posts of employment, number of civil servants required at a given
post of employment, requirements for work in all the posts in a state
authority shall be specified by a bylaw on the internal organization and
staffing table of a [respective] state authority (hereafter: the Bylaw).
A
3. PERMISSIBILITY OF RECRUITMENT
(1)
(2)
Article 47
A vacancy may be filled if two requirements are satisfied: the post has
been listed in the Bylaw, and the recruitment fits into the adopted
Human Resources Plan.
When both requirements are satisfied, the Principal shall decide
whether to fill a vacancy or not.
4. MODES OF RECRUITMENT
(1)
(2)
Article 48
A vacant executorial position shall be filled either by reassignment
within the same or from another state authority when the selected
candidate is already a civil servant or by establishing employment
relationship when the selected candidate is not a civil servant.
A vacant appointed position shall always be filled by appointment.
II. FILLING IN EXECUTORIAL POSITIONS
(1)
(2)
(3)
Article 49
While filling an executorial position, priority shall be given to reassignment of a civil servant within a state authority with or without
his/her promotion.
If a Principal decides not to fill the vacancy in such a manner, an internal
competition may be conducted. If an internal competition was neither conducted nor successful, a compulsory public competition must be conducted.
If the public competition is unsuccessful, the post shall remain vacant
but the Principal may decide to conduct a new public competition.
CHAPTER V
1. SEQUENCE OF ACTIONS IN FILLING EXECUTORIAL POSITIONS IN
ALL STATE AUTHORITIES
99
2. INTERNAL AND PUBLIC COMPETITION IN STATE
ADMINISTRATION AUTHORITIES AND SERVICES
OF THE GOVERNMENT
a) Internal Competition
(1)
(2)
(3)
Article 50
Unless a vacancy is filled by reassignment of a civil servant within a
state authority, a public competition shall be compulsory to fill an
executorial vacancy in a state administration authority and/or service
of the Government.
Only civil servants from state administration authorities and/or services of
the Government that fulfill the requirements for promotion or [already]
work in a position assorted at the same rank as the vacant position or are
“unassigned” shall have the right to participate in the internal competition.
Subject to conditions laid down in a Government regulation, a preliminary internal competition may be conducted solely within the state
CIVIL SERVANTS ACT
Compulsory Internal Competition. Eligibility to Participate in
Internal Competition
A
(4)
administration authority or service of the Government where the
vacancy is positioned.
The Human Resources Management Service shall advertise the internal competition.
Selection Panel
Article 51
A selection panel shall administer an internal competition.
The Principal shall name members of a selection panel making sure a civil
servant from the Human Resources Management Service is among them.
CHAPTER V
Successful Internal Competition and Issuing a Ruling on
Reassignment
100
(1)
(2)
(3)
Article 52
A ruling on reassignment shall always be issued following a successful
internal competition and its content shall depend on whether the selected candidate is from the relevant or another state authority.
When the selected candidate comes from the same state authority,
the Principal shall issue the decision on his/her reassignment from
one to the other position. When the selected candidate is from another state authority, the Principal shall issue a decision on the transfer to
his/her own (the Principal’s) state authority.
A candidate who has taken part in an internal competition shall have
the right to appeal the ruling on transfer under the same terms and
within the same time limits as if the ruling was issued following a public competition.
Unsuccessful Internal Competition. Application of Provisions
on Public Competition under this Statute
(1)
CIVIL SERVANTS ACT
(2)
A
Article 53
If the selection panel finds none of the candidates has satisfied the
selection criteria, the internal competition shall be [declared] unsuccessful.
The provisions on a public competition under this statute excepting
those on modes of job advertising and application periods shall apply
to an internal competition.
b) Public Competition
Advertising a Public Competition. Selection Panel
(1)
Article 54
The Human Resources Management Service shall have a public competition advertised in “the Official Herald of the Republic of Serbia”
and a daily newspaper distributed throughout the Republic of Serbia
and shall also forward the vacancy notice to the agency in charge of
employment.
(2)
A selection panel shall administer a public competition. The Principal
shall name the members of the selection panel by applying the provisions of this statute on naming members of a selection panel to
administer an internal competition.
(1)
(2)
(3)
Article 55
A vacancy notice shall contain information on: the [employing] state authority, [vacant] position, eligibility for employment, place of work, professional
qualifications, knowledge and skills to be evaluated in the selection procedure
and modes of their verification, application period, the personal name of a
person tasked to give information on the competition, the address for sending the applications, and the documentation that is to be enclosed with the
application.
The application period may not be shorter than 15 days [starting] from
the day of publishing the vacancy notice in “the Official Herald of the
Republic of Serbia”.
A selection panel shall issue a resolution rejecting untimely, inadmissible,
unintelligible and incomplete applications as well as those missing all
required evidence enclosed. The ruling may not be contested.
Selection Procedure
(1)
(2)
(3)
Article 56
The selection panel shall make a list of the candidates who have satisfied the requirements for employment at the given position and then
carry out selection among them.
In the course of the selection procedure, the score of each candidate
shall be determined pursuant to the prescribed selection criteria by
evaluating his/her professional qualifications, knowledge and skills.
A selection procedure may be carried through several stages or by
written examination, interview or [any] other appropriate manner.
CHAPTER V
Content of a Vacancy Notice. Application Period
101
(1)
(2)
(3)
(4)
Article 57
The selection panel shall put the candidates who have satisfied the
prescribed selection criteria with the highest scores on a shortlist, and
[then] transmit the list to the Principal.
The Principal must select a candidate from the shortlist.
If the selected candidate is not a civil servant, the Principal shall issue a ruling on his/her employment. If the chosen candidate is already a civil servant, the Principal shall issue a ruling on his/her reassignment in accordance with the provisions of this statute on transfers following an internal competition.
A ruling on employment shall contain the personal name of the
[selected] candidate, the title of the employing state authority, and
the title of the position [the candidate is] assigned to.
CIVIL SERVANTS ACT
Shortlist. [Final] Selection
A
Reporting to Work
(1)
(2)
(3)
Article 58
The selected candidate must report to work within 15 days from the day
when the ruling on his/her employment i.e. transfer becomes final,
except when the Principal extends the deadline for justified reasons.
If the chosen candidate does not report to work by the prescribed
deadline, the ruling on his/her employment i.e. reassignment shall be
deemed to have never been issued and the Principal shall be free to
select another candidate from the shortlist.
The selected candidate shall acquire his/her employment rights and
obligations on the day he/she reports to work.
CHAPTER V
Right of a Participant in a Public Competition to Appeal
102
(1)
(2)
(3)
Article 59
A ruling on employment i.e. transfer shall be transmitted to all the
applicants participating in a public competition.
Any applicant shall have the right to appeal within eight days from the day
the ruling was served, if he/she believes that he/she satisfies the requirements for employment in the given position but was not taken in consideration; or that the chosen candidate is not eligible for employment in the
given position; or that significant irregularities occurred during the selection procedure that could have had an effect upon its fair outcome.
A participant in a public competition shall have the right to examine
the [entire] documentation related to the competition under monitoring by a state authority official.
Unsuccessful Public Competition
(1)
CIVIL SERVANTS ACT
(2)
A
Article 60
If the selection panel finds none of the candidates satisfied the selection
criteria, the public competition shall be [declared] unsuccessful.
All the candidates shall be informed about the failure of the public
competition.
3. INTERNAL AND PUBLIC COMPETITIONS IN OTHER STATE
AUTHORITIES
(1)
(2)
Article 61
The provisions on internal and public competitions in the state administration authorities and services of the Government under this statute, except
those on the composition of selection panels and the competences of the
Human Resources Management Service, shall apply to recruitment for
[vacant] executorial positions in other state authorities.
The Supreme Court of Serbia-for the courts, the Republic Public
Prosecutor-for the public prosecutors’ offices, and the bodies designated
(3)
in their respective acts-for other state authorities, shall prescribe: the
composition of selection panels; professional qualifications, knowledge
and skills that are to be evaluated during the selection procedure and
ways of their verification; and the selection criteria.
The Government shall, by its regulation, regulate in more detail the
administration of an internal or public competition for filling in
vacant executorial positions in all state authorities.
4. DURATION OF EMPLOYMENT
Article 62
As a rule, a civil servant shall be employed for an indefinite period.
Indefinite employment may terminate only in cases prescribed by law.
Fixed-Term Employment
(1)
(2)
(3)
Article 63
Fixed-term employment may be established in the following cases:
1) In order to substitute a temporarily absent civil servant, until his/her return;
2) Due to a temporary rise of activities that the existing number of
civil servants cannot meet, for a maximum of six months;
3) For positions in the cabinet, until the expiration of the officeholder’s
term of office;
4) In order to train an intern, until the conclusion of the internship.
Fixed-term employment shall be established without an internal and
public competition except for internships.
Fixed-term employment may not be converted into an indefinite
employment, except for interns that have passed the state or another
professional exam.
CHAPTER V
Indefinite Employment
103
Obligation and Duration of Probation
(1)
(2)
(3)
(4)
Article 64
Probation shall be compulsory for all those who are to be employed for the
first time in a state authority and are neither interns nor staff of the cabinet.
Probation period shall last for six months in cases of indefinite
employment.
Probation period of up to two months shall be compulsory in cases of
fixed-term employment only if the employment is to exceed six months.
Civil servants holding an appointed positions shall not be subjected to
probation.
CIVIL SERVANTS ACT
5. PROBATION
A
Assessment of Probation Work
(1)
(2)
Article 65
The immediate superior shall monitor a civil servant’s trial work.
Upon expiration of the probation period, the superior shall submit to
the Principal a written opinion on whether the civil servant performed satisfactorily during the probation period.
Employment of a civil servant who has not performed satisfactorily
during the probation period shall terminate without severance pay.
III. FILLING IN APPOINTED POSITIONS
CHAPTER V
1. SEQUENCE OF ACTIONS TO FILL APPOINTED POSITIONS
IN ALL STATE AUTHORITIES
104
(1)
(2)
(3)
Article 66
An internal or public competition shall be conducted in order to fill in
[vacant] appointed positions.
An internal competition shall be compulsory if the Government is to
fill in a vacant appointed position.
In other state authorities, a public competition may be conducted
immediately.
2. APPOINTMENT WITHOUT COMPETITION
Article 67
Following expiration of his/her term, an appointed civil servant may
be reappointed to the same position without a competition.
CIVIL SERVANTS ACT
3. PROCEDURE WHEN THE GOVERNMENT FILLS IN A VACANT
APPOINTED POSITION
A
Advertising the Competition. Selection Panel
(1)
(2)
Article 68
When the Government is to fill in a vacant appointed position, the
Human Resources Management Service shall advertise an internal
and/or public competition and a selection panel shall administer the
competition.
In each individual case, the High Civil Service Council shall designate
the selection panel from its own membership and from experts in certain fields, out of which one may be a civil servant from a state authority in which is the vacant appointed position to be filled.
Right to Participate in an Internal Competition
Article 69
When the Government is to fill in a vacant appointed position, only those
civil servants from state administration authorities and/or services of the
Government that fulfill the requirements for promotion, are [already] in
appointed positions, whose term in office has expired, who have resigned,
or whose [appointed] positions have been abolished, may take part in an
internal competition.
(1)
(2)
Article 70
The selection panel shall administer the selection procedure.
Having completed the selection procedure the selection panel shall
list a maximum of three candidates who have satisfied the selection
criteria with the highest scores.
Powers of the Person Competent to Nominate
(1)
(2)
(3)
Article 71
The selection panel shall send the shortlist to the Principal or another person
competent to propose the Government candidates for appointment.
Neither the Principal nor the other competent person shall be obliged
to propose the Government any candidate for appointment but [in
such a case] must communicate the reasons for not proposing the candidate to the High Civil Service Council and the Human Resources
Management Service.
When the selection panel finds that none of the candidates satisfied
the selection criteria, no candidate for appointment may be proposed
to the Government.
CHAPTER V
Selection Procedure
105
(1)
(2)
(3)
Article 72
A public competition shall be conducted if the internal competition fails.
An internal competition shall fail if no any candidate is proposed to
the Government for appointment or the Government does not
appoint the proposed candidate.
If following a public competition no any candidate is proposed for
appointment to the Government or the Government does not
appoint the proposed candidate, a new public competition shall be
conducted.
Contesting the Ruling on Appointment.
Assuming an Appointed Position
(1)
Article 73
A Government’s ruling on appointment may not be appealed but may
be challenged in an administrative lawsuit.
CIVIL SERVANTS ACT
Correlation between Internal and Public Competitions.
Unsuccessful Internal and/or Public Competition
A
(2)
A civil servant shall assume his/her appointed position and shall
begin exercising rights and obligations associated to his/her position
once the ruling on appointment becomes final.
Application of Provisions on Competitions for Executorial
Positions under this Act
Article 74
The provisions on internal and public competitions for filling in [vacant]
executorial positions under this statute shall apply to internal and public
competitions when the Government is to fill in an appointed position.
CHAPTER V
4. FILLING IN [VACANT] APPOINTED POSITIONS IN OTHER STATE
AUTHORITIES
106
(1)
(2)
(3)
Article 75
The provisions on internal and public competitions in the state administration authorities and services of the Government under this statute,
except those on the composition of selection panels and the competences
of the High Civil Service Council and the Human Resources Management
Service, shall apply accordingly to recruitment for [vacant] appointed
positions in other state authorities.
The Supreme Court of Serbia-for the courts, the Republic Public
Prosecutor-for the public prosecutors’ offices, and the bodies designated
in their respective acts-for other state authorities, shall prescribe: the
composition of selection panels; professional qualifications, knowledge
and skills that are to be evaluated during the selection procedure and
ways of their verification; and the selection criteria.
By its regulation, the Government shall regulate in more detail conduct of an internal or public competition for filling [vacant] appointed
positions in all state authorities.
CIVIL SERVANTS ACT
5. TERMINATION OF DUTY IN AN APPOINTED POSITION
A
a) Grounds for Termination of Duty in an Appointed Position
All Grounds
Article 76
Duty of a civil servant in an appointed position shall terminate if his/her
term of office expires; he/she files a letter of resignation from the office;
he/she assumes an office in a state authority, an authority of an
autonomous province or a local government; his/her appointed position
is abolished; his/her employment terminates due to the mandatory
retirement age; his/her employment terminates by him/her formally
resigning from the civil service or he/she is dismissed.
Abolition of an Appointed Position
Article 77
An appointed position shall be abolished when the state authority is
abolished and its competences are assumed by another state authority
or by none; if the state authority competences related to the appointed
position are partially assumed by another state authority; or the
appointed position is abolished by adoption of a new or amendments to
the existing Bylaw.
(1)
(2)
Article 78
A civil servant in an appointed position shall be dismissed if his/her
employment is terminated due to: a conviction to imprisonment
exceeding six months; a final ruling prescribing a disciplinary sanction of termination of employment; a final ruling assigning him/her
an “unsatisfactory” grade upon a special performance appraisal; a
measure of publishing recommendation for dismissal issued by the
Republic Committee for Resolving Conflicts of Interest or any other
reason prescribed by the general labor law governing termination of
employment irrespective of the wishes of the employee or the
employer.
A civil servant in an appointed position shall be also dismissed if
he/she has been issued two final nonconsecutive rulings assigning
him/her the “unsatisfactory” mark.
CHAPTER V
Reasons for Dismissal
107
b) Declaring Termination of Duty in an Appointed Position
(2)
(3)
c) Consequences of Termination of Duty in an Appointed Position
Consequences Resulting from Expiration of Term of Office,
Resignation, Changes in the Internal Organization of a State
Authority, and/or Negative Performance Appraisal
(1)
Article 80
If there is such a post and he/she satisfies the requirements for it, a civil
servant whose term of office expires, who resigns from an appointed
position or whose position is abolished by adoption of a new or amendments to the existing Bylaw shall have the right to reassignment to
CIVIL SERVANTS ACT
(1)
Article 79
The state authority or the body having competence to appoint a civil
servant shall issue a ruling declaring terminate of his/her duty in an
appointed position within eight days from the emergence of the
underlying reasons.
The ruling shall indicate the reasons for the end of duty in the appointed position as well as the date when the duty ended.
The ruling may not be appealed but may be challenged in an administrative lawsuit.
A
(2)
another post within the same state authority, otherwise he/she shall
become [an] “unassigned” [civil servant].
A civil servant dismissed from an appointed position by reason of two
nonconsecutive “unsatisfactory” marks shall immediately become
“unassigned”.
Consequences resulting from Changes in the Organization of
State Administration
(2)
108
(3)
CIVIL SERVANTS ACT
CHAPTER V
(1)
A
Article 81
If the new Bylaw provides for the same or a similar appointed position
in the state authority assuming competences of an abolished one and
he/she satisfies requirements of the new position, a civil servant
whose appointed position is eliminated thereby shall have the right to
appointment to the new position [in the succeeding state authority]
until the expiration of his/her [initial] term of office. If there is no such
a position, he/she shall have the same rights and obligations as if
his/her duty ended due to expiration of term of office.
A civil servant whose appointed position is abolished because of
another state authority assuming competences of his/her state
authority shall also have the previously mentioned rights and obligations.
When a state authority is abolished and no other state authority
assumes the competences of the abolished one, a civil servant whose
appointed position is eliminated thereby shall become “unassigned”.
I. APPRAISAL
Objective and Subject of Appraisal
(1)
(2)
Article 82
The objective of the appraisal is to identify and eliminate deficiencies
in the performance of civil servants, encourage civil servants to
improve their performance, and create conditions for proper decisionmaking on promotions and professional training [of civil servants].
The following shall be evaluated: results achieved by performing the tasks
attached to a position against predefined goals; autonomy, creativity, initiative; precision and diligence at work; quality of cooperation with other
civil servants and other skills that are required for the position.
CHAPTER VI
EVALUATING AND PROMOTING
CIVIL SERVANTS
109
(1)
(2)
Article 83
A civil servant shall be regularly appraised once in a calendar year, not
later than by the end of February of the current year for the previous one.
Civil servants managing state authorities, civil servants who have
worked for less than six months in a calendar year for any reason, or
civil servants with fixed-term employment shall not be appraised.
Type of Marks. Assigning Marks
(1)
(2)
(3)
Article 84
The marks shall be the following: “unsatisfactory”, “satisfactory”, “distinction”, and “outstanding distinction”.
The Principal shall assign a mark by a ruling.
The Government shall determine the evaluation criteria and procedure in more detail by a regulation.
CIVIL SERVANTS ACT
Appraisal Period. Exemptions from Appraisal
A
Special Appraisal
(1)
(2)
Article 85
A civil servant who has been assigned an “unsatisfactory” mark may
be referred to additional professional training.
In any case, he/she shall be appraised again after 90 days from the day
when the ruling assigning him/her the “unsatisfactory” mark
becomes final.
Termination of Employment
(1)
CHAPTER VI
(2)
110
II. PROMOTION
Definition and Types of Promotion
(1)
(2)
CIVIL SERVANTS ACT
(3)
A
Article 86
The employment of a civil servant who has been assigned an “unsatisfactory” mark following a special appraisal shall terminate when the
ruling becomes final.
The ruling prescribing the “unsatisfactory” mark following a special
appraisal shall also contain a statement on termination of the
employment of the concerned civil servant.
Article 87
A civil servant shall advance by either reassignment to an immediately higher-ranking executorial position or appointment to an appointed position or a higher-ranking appointed position within the same or
another state authority.
An immediately higher-ranking executorial position shall be the one
whose tasks are carried out by either the immediately higher rank or
the same rank but in the capacity of the officer managing an internal
unit within the state authority.
A civil servant may also advance without changing position by
assignment to a higher salary class in accordance with the statute
governing emoluments in the civil service.
Promotion to a Higher-Ranking Executorial Position
(1)
(2)
Article 88
When there is a vacant post and the civil servant satisfies requirements for that post, the Principal may reassign to an immediately
higher-ranking executorial position a civil servant who has been consecutively given the “outstanding distinction” mark twice or the “distinction” mark four times.
Exceptionally and notwithstanding non-satisfying requirements
regarding work experience, a civil servant who has been reassigned to
an immediately higher-ranking position following two consecutive
“outstanding distinction” marks may be transferred [again] to the
(3)
immediately higherranking position if he/she is given the “outstanding distinction” mark again.
The marks that represented the basis for previous advancements shall
not count for future promotions.
Promotion to an Appointed Position or to a Higher-Ranking
Appointed Position
CHAPTER VI
(2)
111
CIVIL SERVANTS ACT
(1)
Article 89
A civil servant may advance to any higher-ranking appointed position
and not exclusively to the one next in line.
For [the abovementioned] advancement, all conditions regarding the
marks, existence of a vacant position and work experience that are
required for advancement to a higher-ranking executorial position
must be satisfied.
A
CHAPTER VII
REASSINGING CIVIL SERVANTS
TO MEET OPERATIONAL NEEDS
1. DEFINITION AND TYPES OF REASSIGNMENTS
(1)
112
(2)
(3)
Article 90
Due to operational needs, a civil servant may be reassigned, temporarily or permanently, to another corresponding position within
the very state authority or temporally transferred to another state
authority.
Reassignment of a civil servant due to operational needs shall not be
subjected to his/her consent.
A civil servant holding an appointed position may not be transferred.
2. DEFINITION OF CORRESPONDING POSITION
CIVIL SERVANTS ACT
Article 91
A corresponding position shall be the one whose tasks are carried out
by the same rank as the tasks of the position a civil servant is transferred from and for which he/she fulfils all prescribed requirements.
A
3. REASSIGNMENT WITHIN A STATE AUTHORITY
Permanent Reassignment
Article 92
A civil servant may be permanently reassigned to another corresponding
position within a state authority, if restructuring or rationalization of
responsibilities and/or other justified reasons require so.
Temporary Reassignment
(1)
(2)
(3)
Article 93
A civil servant may be temporarily reassigned to another corresponding
position within a state authority to substitute an absent civil servant or
meet an increase of activities. He/she shall retain all the rights that
he/she is entitled to in his/her original position.
An appeal shall not stay enforcement of the ruling [on reassignment].
A temporary reassignment shall last up to one year after which the
civil servant shall have the right to return to the position he/she had
held before the reassignment.
Reasons and Duration
(1)
(2)
(3)
Article 94
A civil servant may be temporarily transferred to a corresponding
position in another state authority due to increase of activities but
shall continue exercising all the rights from his/her employment with
the state authority he/she was transferred from.
A temporary transfer to another state authority may last up to six
months and may be exceptionally extended for another six months.
Upon expiry of the term of transfer the civil servant shall have the
right to return to the position he/she had held before the transfer.
CHAPTER VII
4. TEMPORARY TRANSFER TO ANOTHER STATE AUTHORITY
113
Modes of Temporary Transfer to another State Authority
(2)
(3)
CIVIL SERVANTS ACT
(1)
Article 95
The principals shall conclude a written agreement on a temporary
transfer of a civil servant from one state authority to another.
Following the agreement, the Principal of the sending state authority
shall issue a ruling on the transfer.
An appeal shall not stay enforcement of the ruling.
A
CHAPTER VIII
PROFESSIONAL TRAINING
AND QUALIFICATIONS
114
I. PROFESSIONAL TRAINING AND ADDITIONAL
EDUCATION
1. PROFESSIONAL TRAINING
Definition
(1)
(2)
Article 96
Civil servants shall have the right and obligation to improve professionally in conformity with the needs of the state authorities.
The Republic of Serbia shall secure the funds for training in its budget.
Programmes
(1)
(2)
CIVIL SERVANTS ACT
(3)
A
Article 97
Professional training shall be based on programmes defining the types
and curricula of professional training and funds allocated thereto.
The Government shall adopt the general programme of professional training
for civil servants in state administration authorities and services of the
Government, at the proposal of the Human Resources Management Service.
The Principal shall prepare the programme of special professional
training of civil servants in the state authority in conformity with
particular needs thereof.
2. ADDITIONAL EDUCATION SIGNIFICANT TO A STATE AUTHORITY
Definition. Internal Competition
(1)
Article 98
Civil servants may be offered additional education relevant to a state
authority.
(2)
(3)
Selection of civil servants to undergo additional education shall be
carried out through an internal competition within the state authority and preference shall be given to civil servants who have achieved
higher performance marks during the last three years.
The state authority shall bear the costs of the additional education.
(1)
(2)
(3)
Article 99
A contract shall govern rights and obligations of a civil servant undergoing additional education.
The civil servant shall have the right to stay of his/her employment if
the additional education requires temporary absence from work.
Following the additional education, the civil servant must remain
with the state authority for at least double the time of the duration of
the education. Otherwise, he/she must reimburse the costs of the
additional education by a single payment.
II. PROFESSIONAL EXAM
State Professional Exam
(1)
(2)
Article 100
A permanently employed civil servant must have passed the state
professional exam.
The Government shall determine in detail the programme and manner of taking the state professional exam for all state authorities by its
regulation.
CHAPTER VIII
Rights and Obligations regarding Additional Education
115
(1)
(2)
Article 101
Neither civil servants in courts, public prosecutors’ offices and
Republic Public Attorney’s Office, who have to take the Judicial Exam*,
nor other civil servants in other state authorities who have passed the
Judicial Exam shall have to take the state professional exam.
A statute may prescribe another professional exam that is taken in
lieu of the state professional exam for employment in positions with
special obligations and authorities.
Time Limit for taking the State Professional Exam
(1)
Article 102
A civil servant on probation who has established an indefinite
* Similar to the Bar Exam in the Common-Law jurisdictions. It is mandatory for those wishing
to act as judicial officers. However, those seeking membership to the Serbia Bar Association
must also take the Bar Exam in addition to the judicial one. The Bar Exam in Serbia is similar
to MPRE in USA.
CIVIL SERVANTS ACT
Exceptions from Taking the State Professional Exam
A
(2)
employment shall take the state professional exam by the expiry of
the probation period.
An intern shall take the state professional exam by the end of the
internship.
III. PROFESSIONAL TRAINING - INTERNSHIP
Definition of an Intern
CHAPTER VIII
(1)
(2)
116
(2)
(3)
Article 103
An intern shall be a person entering into employment in his/her profession for the first time in order to qualify for autonomous work.
Following a public competition an intern shall enter into a fixed-term
employment.
Duration of Internship
(1)
Article 104
An internship in positions requiring a university degree shall last for
one year, nine months for a post-secondary degree*, and six months
for a secondary education.
A longer or shorter internship period may be prescribed by a statute.
The internship of an intern who has been absent from the office for
more than a month for justified reasons shall be extended for the
duration of the absence.
Training of Interns
(1)
(2)
(3)
CIVIL SERVANTS ACT
(4)
A
Article 105
Interns shall train for autonomous work according to a programme
designed by the Principal.
The Principal shall designate a mentor to monitor training [of an intern].
The mentor shall determine the individual programme of training of
an intern and select civil servants who shall monitor the intern’s performance in various stages.
Upon the end of the internship, the mentor shall communicate a written opinion on the level of the intern’s qualifications.
Continuation of Work in Case of Indefinite Employment
Article 106
Having done an internship and passed the state or other professional
exam, an intern may continue working for an indefinite period if
there is an appropriate vacant post and his/her assignment thereto is
in compliance with the adopted Human Resources Plan.
* See the remark to Article 40
I. DISCIPLINARY LIABILITY
1. DEFINITION. TYPES OF BREACHES OF EMPLOYMENT
RELATION DUTIES
(1)
(2)
Article 107
A civil servant shall be disciplinary accountable for a breach of the
employment relation duties.
Liability for a criminal or petty* offence shall not rule out disciplinary liability.
Breaches of employment relation duties shall be minor and/or grave ones.
CHAPTER IX
CIVIL SERVANTS’ LIABILITY
117
Article 108
Minor breaches of the duty shall be:
1) Recurring unpunctual start of work, unjustified absence from work
during working hours, or leaving the office early;
2) Handling official documents or data inattentively;
3) Unjustified absence from work for a day;
4) Failure to inform the immediate superior on reasons preventing
one to report to work within 24 hours from the occurrence of reasons;
5) Violation of the civil service code of conduct not subsumed by another breach of employment relation duties prescribed by this or another
statute.
* infraction
CIVIL SERVANTS ACT
2. MINOR BREACH OF EMPLOYMENT RELATION DUTY
A
3. GRAVE BREACH OF EMPLOYMENT RELATION DUTY
CHAPTER IX
Article 109
Grave breach of the employment relation duty shall be:
1) Failure to perform and/or inattentive, untimely or negligent performance or execution of the superior’s orders;
2) Unlawful conduct or omission on the side of a civil servant responsible for preventing unlawfulness or damage;
3) Misuse of employees’ rights;
4) Breach of the principle of impartiality and political neutrality
and/or expressing or advocating political beliefs at work;
5) Disclosure of an official or other secret;
6) Accepting gifts in relation to the official duties in contravention to the
provisions of this statute; accepting favors or benefits for him/herself or
another person or misuse of the civil servant status with a state authority to influence the exercise of his/her rights or rights of a related person;
7) Outside work contrary to conditions prescribed by this statute;
8) Assuming offices of the director, a deputy or assistant director of a legal
person; violating limitations on membership of authorities of a legal person;
9) Establishment of an enterprise or a public service and/or entrepreneurship;
10) Failure to transfer managing rights in a commercial entity to
another person; failure to communicate the data on the transferee to
the Principal; failure to communicate to the Principal evidence on conveyance of the managing rights;
11) Failure to declare interests the civil servant or a related person may
have with regard to a decision of the state authority in whose making
he/she (the civil servant) participates;
12) Unlawful assets management;
13) Violation of rights of other civil servants and general service employees;
14) Improper, violent and offensive behavior towards clients and associates;
15) Impeding a party’s exercise of rights and interests before a state
authority;
16) Unjustified absence from work for at least two consecutive days;
17) Repeating minor breaches of duty [already] established by a final
ruling prescribing a disciplinary sanction.
CIVIL SERVANTS ACT
118
A
4. DISCIPLINARY SANCTIONS
Types
(1)
Article 110
A fine of up to 20% of the full-time salary paid for the month in which
the decision on a sanction is passed may be pronounced for minor
breaches of the employment relation duty.
(2)
(3)
Disciplinary sanctions for grave breaches of the duty shall be the following:
1) A fine ranging from 20 to 30% of the full-time salary paid for the month
in which the decision on the sanction is passed, for up to six months;
2) Ban on promotion for two to four years;
3) Termination of employment.
A fine shall always be executed through an administrative procedure.
Moment of Termination of Employment
5. DISCIPLINARY ACTION
Initiation
(1)
(2)
(3)
Article 112
The Principal shall initiate a disciplinary action either on his/her own
initiative or at the proposal of the superior to a civil servant.
A disciplinary action shall be initiated by a written resolution that
shall be served to the civil servant and which may not be appealed.
Any civil servant who learns about a violation of an employment relation duty may propose the Principal to initiate a disciplinary action.
CHAPTER IX
Article 111
The Employment of a civil servant on whom the disciplinary sanction
of termination of employment has been pronounced shall end on the
day when the ruling prescribing the sanction becomes final.
119
(1)
(2)
(3)
Article 113
The Principal shall administer a disciplinary proceeding and decide on
disciplinary liability.
Otherwise, the Principal may establish a [standing] disciplinary board
of three members to initiate and administer a disciplinary proceeding
and decide on disciplinary liability.
Members of the disciplinary board must have a university degree and
at least five years of relevant work experience, and one member must
be a law-graduate.
Oral Hearing
(1)
(2)
(3)
Article 114
An oral hearing shall be conducted during a disciplinary procedure
when a civil servant shall have the right to present his/her
defense.
A civil servant may defend himself/herself or by a proxy and may also
serve a written defense.
A hearing may also be held without the presence of a civil servant, if there are
important reasons for doing so and the civil servant has been duly summoned.
CIVIL SERVANTS ACT
Administering Proceeding
A
(4)
The provisions of the statute governing the general administrative procedure shall apply to remaining issues concerning the administration of disciplinary proceedings.
Penalty Selection
(1)
CHAPTER IX
(2)
Article 115
While selecting and weighing a disciplinary sanction, the following
shall be taken into account: degree of the civil servant’s liability, gravity of consequences incurred and the subjective and objective circumstances under which a violation was made.
A previous disciplinary sanction prescribed to the civil servant shall be taken
into consideration only if it has not been deleted from the personnel record.
6. SUSPENSION
Reasons and Suspension Procedure
(1)
120
(2)
(3)
Article 116
A civil servant subjected to a disciplinary action for a grave breach of an
employment relation duty may be suspended until the conclusion of the
disciplinary proceedings, if his/her presence would harm interests of the
state authority or hinder the administration of the disciplinary proceedings.
Depending on who administers the disciplinary procedure, either the
Principal or the disciplinary board shall issue the suspension ruling.
If the underlying reasons have ceased, the suspension ruling may be
revoked ex officio or at the proposal of a civil servant.
Appeal
(1)
CIVIL SERVANTS ACT
(2)
(3)
A
Article 117
A civil servant may appeal a suspension within five days from the
service of the suspension letter.
The appeal shall not stay enforcement of the ruling.
The Appeals Board must decide on the appeal within five days from
the service, otherwise the appeal shall be deemed rejected.
7. STATUTE OF LIMITATIONS
(1)
(2)
Article 118
Initiation of a disciplinary proceeding shall be foreclosed after six
months from the date of a minor violation or one year for a grave one.
Conducting disciplinary proceedings for minor violations of an
employment relation duty shall be foreclosed after one year from its
initiation or and two for grave violations.
(3)
Prescription period shall be temporary halted while the disciplinary
action cannot be initiated or administered due to absence of a civil servant or any other justified reasons.
(2)
9. DISCIPLINARY ACTION AGAINST CIVIL SERVANTS IN
APPOINTED POSITIONS
(1)
(2)
Article 120
The High Civil Service Council shall conduct a disciplinary proceeding
against a civil servant appointed by the Government. Disciplinary proceedings against a civil servant appointed by another state authority or
body shall be conducted by a body designated in the appointing authority’s acts.
The Principal shall propose initiation of a disciplinary proceeding against a
civil servant appointed by the Government; the Government shall propose
initiation of a disciplinary proceeding against a civil servant managing a
state authority. A ruling issued to a civil servant in an appointed position prescribing a disciplinary sanction may not be appealed but may
be challenged through an administrative lawsuit.
II. LIABILITY FOR DAMAGES
1. LIABILITY FOR DAMAGES CAUSED TO STATE AUTHORITY
Liability Requirements
Article 121
A civil servant shall be liable for damages he/she causes to a state authority intentionally or with gross negligence while at work or in relation to
his/her work.
121
CIVIL SERVANTS ACT
(1)
Article 119
A disciplinary sanction prescribed by a final ruling shall be entered in
the personnel records.
A disciplinary sanction shall be erased from the personnel records if
the civil servant is not issued a new disciplinary sanction within two
years from the date of pronouncement of a sanction for a minor
breach of duty or four years for a grave one.
CHAPTER IX
8. ENTERING AND ERASING A DISCIPLINARY SANCTION IN
PERSONNEL RECORDS
A
Proving Damages and Compensation
(1)
(2)
(3)
(4)
Article 122
The Principal, or a person authorized so in writing by the Principal,
shall establish occurrence of damages, amount of losses and circumstances under which the damages have occurred.
If establishing the amount of losses would be disproportionally costly,
damages may be established in a flat sum.
If a civil servant refuses to pay compensation, the damages may be
recovered through a civil lawsuit.
The Principal and a civil servant may sign a written agreement settling the amount of losses and modes of compensation; that agreement shall be an enforceable document.
CHAPTER IX
Release of Liability
122
Article 123
A civil servant shall be released from liability for damages he/she
caused by executing a superior’s order if he/she informed the superior that the execution could inflict damages.
2. LIABILITY FOR DAMAGES CAUSED TO A THIRD PARTY
(1)
(2)
CIVIL SERVANTS ACT
(3)
A
Article 124
The Republic of Serbia shall be liable for damage a civil servant causes
to a third party by his/her unlawful conduct or unsatisfactory performance.
The injured party shall also have the right to claim compensation
directly from a civil servant that deliberately caused damages.
If the Republic of Serbia compensates an injured party for damages
caused by a civil servant intentionally or with gross negligence,
he/she shall have the right to claim indemnification from the civil servant within six months from the date of payment.
3. LIABILITY OF THE REPUBLIC OF SERBIA FOR DAMAGES
CAUSED TO A CIVIL SERVANT
(1)
(2)
Article 125
The Republic of Serbia shall be liable for damages a civil servant suffers at work or in relation to work, in accordance with the general
rules of law on contracts and torts.
The Principal and a civil servant may conclude a written agreement
settling the amount of losses and modes of compensation. The agreement shall be an enforceable document.
1. GROUNDS FOR TERMINATION OF EMPLOYMENT
(1)
(2)
Article 126
Employment of a civil servant shall end:
1) On the expiry of the employment contract;
2) By an agreement;
3) By termination notice;
4) By operation of law;
5) In any other way prescribed by this or another statute.
Employment of a civil servant in an appointed position whom the Republic
Committee for Resolving Conflicts of Interests has pronounced the measure of publishing the recommendation for dismissal shall terminate on the
day when the ruling prescribing the termination of employment sanction
becomes final.
CHAPTER X
TERMINATION OF EMPLOYMENT
123
(1)
(2)
Article 127
A fixed-term employment shall terminate on the expiry of a specified
duration of employment.
An appeal shall not stay the enforcement of a ruling pronouncing the
termination of fixed-term employment.
3. TERMINATION OF EMPLOYMENT BY AN AGREEMENT
(1)
Article 128
The Principal and a civil servant may conclude a written agreement
on the termination of the civil servant’s employment.
CIVIL SERVANTS ACT
2. TERMINATION OF FIXED-TERM EMPLOYMENT ON THE EXPIRY OF
SPECIFIED DURATION OF EMPLOYMENT
A
(2)
(3)
The [exact] date when the employment terminates shall be determined
in the agreement.
Employment of a civil servant in an appointed position may not terminate by a written agreement.
4. CIVIL SERVANT’S NOTICE
(1)
CHAPTER X
(2)
Article 129
A civil servant may hand in a written notice of termination at least 30
days before the date denoted in the notice as the day of termination of
employment.
A civil servant in an appointed position shall submit a notice of termination to the state authority or a body responsible for his/her appointment.
5. EMPLOYER’S NOTICE
124
(1)
(2)
Article 130
The Principal shall terminate a civil servant’s employment:
1) if the civil servant either refuses reassignment that is not subjected
to his/her consent or fails to report to work at the position he/she has
been reassigned to;
2) if the civil servant has performed unsatisfactorily during probation;
3) if the civil servant does not report to work within fifteen days from
cessation of reasons for the stay of employment;
4) if the civil servant does not pass the professional exam;
The employment shall terminate when the notice of termination
becomes final.
CIVIL SERVANTS ACT
6. TERMINATION OF EMPLOYMENT BY OPERATION OF LAW
A
Grounds
(1)
Article 131
Employment of a civil servant shall terminate by operation of law:
1) When he/she reaches the mandatory retirement age - on reaching
65 years of age if he/she has participated in the mandatory pension
scheme for at least fifteen years;
2) if he/she has been convicted to imprisonment exceeding six
months - on the day the judgment becomes final;
3) if he/she is “unassigned” and has not been reassigned to another
position – on the first day following the expiry of six months since
he/she became “unassigned”.
(2)
Employment of a civil servant shall also terminate by operation of law
for other reasons prescribed by the general labor law governing termination of employment irrespective of the will of the employee and/or
the employer.
Declaring Termination of Employment by Operation of Law
CHAPTER X
(2)
125
CIVIL SERVANTS ACT
(1)
Article 132
The Principal shall issue a ruling pronouncing the termination of a
civil servant’s employment by operation of law, the grounds for termination and the date when the employment [effectively] ends.
The ruling may not be appealed but may be challenged in an administrative lawsuit.
A
CHAPTER XI
126
RIGHTS OF CIVIL SERVANTS IN CASE
OF CHANGES IN ORGANIZATION OF
STATE AUTHORITIES
1. CHANGES IN INTERNAL ORGANIZATION OF STATE AUTHORITIES
Amendments to the Bylaw
(1)
(2)
CIVIL SERVANTS ACT
(3)
A
Article 133
If the Bylaw is amended so as certain posts are abolished or the
number of civil servants is reduced, the excess staff shall be
reassigned to other corresponding posts while preference shall
be given to those who have had better marks in the last three
years.
If there is no any corresponding position and subject to his/her consent, a surplus civil servant may be assigned to a lower-ranking position corresponding to his/her education. If there is no such a position
or the civil servant does not consent to the assignment, he/she shall
become “unassigned”.
An appeal shall stay execution of neither the ruling on reassignment
nor the ruling declaring a civil servant “unassigned”.
Passing New Bylaw
(1)
(2)
Article 134
In case of passing a new Bylaw, the Principal shall assign all civil servants to appropriate positions taking into account tasks they had carried out before the assignment.
If the new Bylaw abolishes certain positions or the number of civil servants reduced, the provisions of this statute governing amendments
to the Bylaw (Article 133 of this statute) shall apply to the surplus civil
servants.
2. CHANGES IN ORGANIZATION OF THE SYSTEM OF STATE
AUTHORITIES
(1)
(2)
(3)
Article 135
If a state authority is abolished and another state authority assumes
its jurisdiction, the succeeding authority shall take over civil servants
from the abolished authority by the Principal of the succeeding
authority issuing [the relevant] rulings.
Pending the adoption of a new Bylaw pertaining to the succeeding state
authority, the civil servants taken over shall continue carrying out tasks
they have performed with the abolished authority, and continue enjoying the right to salary pursuant to the old rulings [on assignments].
Following the adoption of the new Bylaw, the provisions of this
statute valid for cases when new bylaws are adopted with a single
purpose of changing the internal organization of a state authority
(Article 134 of this statute) shall apply.
Changes of a State Authority’s Sphere of Activities
(1)
(2)
Article 136
If another state authority assumes a portion of responsibilities of the
state authority, the succeeding authority shall also take over civil servants carrying out tasks from the assumed sphere of activities.
The provision of this statute valid for abolition of a state authority followed by a take-over of its jurisdiction shall apply to all other issues.
CHAPTER XI
Abolition of a State Authority with Takeover of its Competences
127
Abolition of a State Authority and its Competences
(2)
3. STATUS OF AN “UNASSIGNED” CIVIL SERVANT
(1)
(2)
Article 138
During the period he/she is “unassigned”, a civil servant shall have the
right to compensation in lieu of salary pursuant the statute governing
emoluments in the civil service.
A civil servant shall enjoy all rights deriving from employment with
the state authority whose principal has issued the ruling declaring the
civil servant “unassigned”.
CIVIL SERVANTS ACT
(1)
Article 137
If a state authority is abolished and its responsibilities are not assumed
by another state authority, the civil servants from the abolished
authority shall become “unassigned” on the date of the abolition.
The principal of the Human Resources Management Service shall issue
rulings declaring the “unassigned” status to civil servants affected by
abolition of a state administration body or a governmental service.
A
(3)
Employment of an “unassigned” civil servant shall terminate if not
transferred to another state authority within six months after either
an internal or a public competition.
4. SPECIAL RULES ON “UNASSIGNED” CIVIL SERVANTS OF STATE
ADMINISTRATION AUTHORITIES AND SERVICES OF THE
GOVERNMENT
CHAPTER XI
(1)
CIVIL SERVANTS ACT
128
A
(2)
Article 139
A final ruling declaring a civil servant from a state administration
body or service of the Government “unassigned” shall be forwarded to
the Human Resources Management Service.
The Human Resources Management Service shall enter the data on
unassigned civil servants in the records pertaining to internal labour
market and examine possibilities for their transfers.
Primary Powers. Delegation of Powers
(1)
(2)
(3)
(4)
Article 140
The Principal shall decide on rights and obligations of a civil servant
by a ruling unless otherwise is stipulated by this or another statute or
other regulation.
Instead, the Principal may authorize in writing a civil servant with a
university degree and at least five years of professional experience to
decide on the rights and obligations of civil servants.
The authorization may be limited in its scope and duration.
The statute governing the general administrative procedure shall
apply to decision-making on rights and obligations of civil servants
but not to decisions on liability for damages.
Deciding on Rights and Duties of a Civil Servant Managing a State
Authority
(1)
(2)
Article 141
The High Civil Service Council shall decide on rights and obligations of
a civil servant that manages a state authority and who has been
appointed by the Government unless otherwise is prescribed by this
statute. A body designated by a state authority or the body in charge
of [other] appointments of civil servants shall decide in the corresponding cases.
The ruling carrying a decision on rights and duties of a civil servant
that manages a state authority may not be appealed but may be challenged in an administrative lawsuit.
CHAPTER XII
I. DECISION-MAKING POWER
129
CIVIL SERVANTS ACT
DECIDING ON RIGHTS AND
OBLIGATIONS OF CIVIL SERVANTS
A
II. APPEALS BOARD
1. COMMON RULES FOR ALL APPEALS BOARDS
Competence of Appeals Boards
(1)
CHAPTER XII
(2)
130
Article 142
Appeals boards shall decide on appeals of civil servants against rulings whereby their rights and obligation have been decided in an
administrative procedure as well as on appeals of participants in
internal and/or public competitions.
Appeals boards shall apply the statute that governs the general
administrative procedure.
Time Limit for Deciding upon an Appeal. Right to an
Administrative Lawsuit
(1)
(2)
Article 143
An appeal board must decide upon an appeal within 30 days from the
day of its filing, unless otherwise is prescribed by this statute. Otherwise,
the appeal shall be deemed rejected.
An administrative lawsuit may be initiated against the decision of an
appeals board.
Types of Appeals Boards
(1)
(2)
Article 144
The Government Appeals Board shall decide on appeals of civil servants from state administration authorities, services of the
Government and the Republic Public Attorney’s Office, whereas the
Judicial Appeals Board shall decide on appeals of civil servants from
the courts and public prosecutors’ offices.
Appeals boards established by administrative acts of other state
authorities shall decide upon appeals of civil servants from these
authorities.
Functioning of Appeals Boards
CIVIL SERVANTS ACT
(1)
A
(2)
(3)
Article 145
Appeals boards shall be independent in their functioning and shall
conduct business through panels of three members.
Each Appeals Board shall adopt its Rules of Procedure that shall regulate, among other issues, the number of panels and methods of their
establishment.
In compliance with the statute that governs stamps of state authorities, appeals boards shall have their stamps.
Number and Status of Appeals Boards Members
(1)
Article 146
The state authority or the body in charge of appointment and dismissal of an Appeals Board member shall specify the number of
(2)
appeal board members, ensuring that the number exceeds five.
Members and the President of an appeal board shall be appointed for
a five-year term and may be reappointed.
Members of the Appeals Board shall be entitled to remuneration for their
work. The Government shall decide on the amount of remuneration.
(1)
(2)
Article 147
An Appeals Board member’s duty shall end on expiration of his/her
term, by filing a letter of resignation, on reaching the [mandatory]
retirement age, or by dismissal.
A new member shall be appointed for the remaining time of the
Appeals Board term instead of a member whose duty has ended prematurely.
Dismissal from an Appeals Board
(1)
(2)
(3)
(4)
Article 148
An Appeals Board member shall be dismissed if he/she: negligently
performs his/her duties or is sentenced to imprisonment exceeding
six months or for an offence that makes him or her unfit to serve in an
appeals board.
An Appeals Board member appointed from the civil service shall be
dismissed if he/she stops being a civil servant or is issued a disciplinary sanction.
The president of an Appeals Board shall be dismissed from his/her
function if he/she performs it negligently or unsuccessfully.
The ruling prescribing dismissal may not be appealed but may be
challenged in an administrative lawsuit.
CHAPTER XII
End of Duty with an Appeals Board
131
Performance Reports of Appeals Boards
2. SPECIAL RULES ON APPEALS BOARDS OF THE GOVERNMENT
AND THE JUDICIARY
Appointment and Composition of the Government Appeals Board
(1)
Article 150
Upon the proposal by the Principal of the Human Resources Management
Service, the Government shall appoint the Presidents and the members of
the Government Appeals Board from civil servants who are law-graduates
and have at least five years of work experience in the legal profession.
CIVIL SERVANTS ACT
Article 149
Appeals boards shall submit to the state authorities and/or bodies
competent for the appointment of their membership performance
reports at least once a year.
A
(2)
When nominating the candidates the Principal of the Human Resources
Management Service must take into account their knowledge of the
civil service and administrative procedure regulations.
Appointment and the Composition of the Judicial Appeals Board
Article 151
The Supreme Court of Serbia and the Republic Public Prosecutor shall
jointly appoint the members and the President of the Judicial Appeals
Board from civil servants working with courts and public prosecutors’
offices.
CHAPTER XII
Special Rule on Presidents of Appeals Boards of the Government
and the Judiciary
132
Article 152
The presidents of the Government Appeals Board and Judicial Appeals
Board shall be civil servants appointed exclusively to serve as presidents of the appeals boards. At the end of their service they shall be
entitled to assume their former or other corresponding posts in a state
authority.
Specialist and Administrative Support to the Appeals Boards of
the Government and the Judiciary
(1)
CIVIL SERVANTS ACT
(2)
A
Article 153
The Human Resources Management Service shall carry out specialist,
technical and administrative tasks for the Appeals Board of the
Government and shall secure operational assets for its operations.
The Secretariat of the Supreme Court of Serbia shall carry out specialist, technical and administrative tasks for the Judicial Appeals Board
and shall secure operational assets for its operations.
I. HUMAN RESOURCES PLAN
Content of the Human Resources Plan
Article 154
The Human Resources Plan shall contain an overview of the [total]
number of civil servants and civil service posts i.e. the number of permanently employed civil servants needed in the year covered by the
Plan. In addition, the Plan shall contain the number of interns planned
for engagement, as well as fixed-term civil servants that could be
engaged to address a possible increase of operations.
CHAPTER XIII
ORGANIZATION OF HUMAN
RESOURCES SYSTEM
133
(1)
(2)
(3)
(4)
Article 155
Each state authority shall prepare its draft Human Resources Plan concurrently with the draft budget act so that both are harmonized. The draft shall be submitted to the body in charge of proposing the Human Resources Plan.
The Human Resources Management Service shall prepare the proposal
of the Human Resources Plan for state administration authorities and
the services of the Government.
The ministry in charge of judicial affairs shall prepare the proposal of
the Human Resources Plan for courts and public prosecutors’ offices.
The Government shall regulate in detail preparation of the draft and proposal of the Human Resources Plan in all state authorities by its regulation.
Adoption of Human Resources Plan
(1)
(2)
Article 156
The Human Resources Plan shall be passed within 30 days from the
adoption of the Budget Act, and shall correspond to the means secured
[for that purpose] in the Republic of Serbia Budget.
The Government shall adopt the Human Resources Plan for state administration authorities and the services of the Government. Subject to prior con-
CIVIL SERVANTS ACT
Preparation of the Human Resources Plan
A
(3)
(4)
sent of the ministry in charge of financial affairs, the ministry in charge of
judicial affairs shall pass the Human Resources Plan for courts and public
prosecutors’ offices.
Unless otherwise is prescribed by a separate regulation and subject to prior
consent of the ministry in charge of financial affairs, the principals of other
state authorities shall pass the Human Resources Plan for those authorities.
The Human Resources Plan shall consist of consolidated and individual data related to state authorities it pertains to.
Responsibility for Implementation of the Human Resources Plan
CHAPTER XIII
(1)
134
(2)
II. HUMAN RESOURCES MANAGEMENT SERVICE.
PERSONNEL RECORDS
1. HUMAN RESOURCES MANAGEMENT SERVICE
(1)
CIVIL SERVANTS ACT
(2)
A
Article 157
Each state authority shall implement the pertaining part of the
Human Resources Plan.
The Principal shall be responsible for the implementation of the
Human Resources Plan.
(3)
Article 158
The Human Resources Management Service, established by the
Government, shall carry out specialist tasks related to human
resources management in the state administration.
The Human Resources Management Service shall: advertise vacancies in
the state administration and services of the Government; take care about
coordinated reorganization of the State Administration; advise the state
administration authorities and services of the Government on human
resources management; organize professional training of civil servants;
provide professional and technical support to the High Civil Service
Council; perform tasks of importance for [the implementation of] the
human resources policy of the Government; and other tasks prescribed by
a statute or a governmental regulation.
The Director shall manage the Human Resources Management Service
and he/she shall answer to the President of the Government.
2. PERSONNEL RECORDS
a) The Central Personnel Registry. Definition and Responsibility
for Administration of the Central Personnel Registry
(1)
Article 159
The Central Personnel Registry shall serve for human resources management and other purposes in the field of employment.
(2)
(3)
The Human Resources Management Service shall administer the
Central Personnel Registry on civil servants and general service staff in
the state administration authorities and services of the Government.
The Central Personnel Registry shall be administered as an electronic database.
(1)
(2)
(3)
Article 160
The following data on civil servants shell be kept in the Central
Personnel Registry:
1) Personal name, address and citizens’ personal number;
2) Type of employment and date of its commencement;
3) Positions a civil servant has held in state administration authorities
or services of the Government since establishing the employment
relation;
4) Education, professional exams passed, other forms of professional
training, special skills and other data on professional qualification of a
civil servant;
5) Years of service, years of pension insurance, privileged years of service;
6) Date of reaching the retirement age;
7) Annual performance appraisals;
8) Prescribed disciplinary measures and determined financial liability;
8) Data necessary for salary calculation;
10) Data on termination of employment.
The Central Personnel Registry may also contain other data prescribed
by law and other regulation.
The Government shall, by a regulation, prescribe in detail methods of
administering the Central Personnel Registry and securing data that
are to be entered into the Central Personnel Registry.
CHAPTER XIII
Data Stored in the Central Personnel Registry
135
(1)
(2)
(3)
Article 161
State administration authorities must provide the data on which
entries in the Central Personnel Registry depend within eight days
from the date of a data creation.
The data stored in the Central Personnel Registry shall be available to
the principals and other persons that decide on rights and obligations
of civil servants, as well as to administrative inspectors.
Each civil servant shall have the right to access data from the Central
Personnel Registry that relate to him/her.
Records on General Service Staff
(1)
Article 162
The provisions on entering data on civil servants under this statute
shall apply accordingly to the data on general service employees
stored in the Central Personnel Registry.
CIVIL SERVANTS ACT
Imparting Data and Data Use
A
(2)
The provisions of this statute applicable to civil servants shall also
apply to the submission and use of the data on general service
employees entered in the Central Personnel Registry.
b) Records on Internal Labour Market
(1)
CHAPTER XIII
(2)
136
(3)
(4)
Article 163
The Human Resources Management Service shall administer records
on the internal labor market for the state administration authorities
and the service of the Government.
The internal labor market database shall contain data on the vacant
positions, civil servants wishing permanent or temporary reassignment
to other positions, data on “unassigned” civil servants and other data
needed in human resources management.
Data on civil servants shall be entered into the internal labor market
database from the Central Personnel Registry.
A civil servant shall have the right to access all data on personnel
needs contained in the internal labor market database.
III. HIGH CIVIL SERVICE COUNCIL
Competences of the High Civil Service Council
(1)
(2)
(3)
CIVIL SERVANTS ACT
(4)
A
Article 164
The High Civil Service Council is [hereby] established.
By regulations applicable to the state administration authorities and
services of the Government, the High Civil Service Council shall prescribe
types of professional qualifications, knowledge and skills evaluated in
the selection procedure and methods of their verification; selection criteria for appointments; pass the Civil Service Code of Conduct, and perform
other tasks prescribed by this statute.
The regulations of the High Civil Service Council shall be published in
the “Official Herald of the Republic of Serbia”.
The High Civil Service Council shall be independent in its functioning
and shall pass its Rules of Procedure.
Appointment and Composition of the High Civil Service Council
(1)
(2)
(3)
Article 165
The High Civil Service Council shall have nine members appointed by
the Government to a sixyear’s term.
Following a proposal by the President of the Government, four members shall be appointed from experts in the fields important to the
functioning of the State Administration.
Following a proposal by the Principal of the Human Resources
Management Service, the remaining five members shall be appointed
(4)
from civil servants appointed to their positions by the Government.
The members of the High Civil Service Council shall select the
President among themselves by secret ballot.
Bans and Restrictions on Appointments to the High Civil Service
Council
(1)
(2)
Article 166
Officials in state authorities may not be appointed to the High Civil
Service Council.
An individual may be appointed to the High Civil Service Council up
to two times.
(1)
(2)
(3)
Article 167
The High Civil Service Council shall pass its decisions by a majority
vote of all its members.
The President and the members of the High Civil Service Council shall
be entitled to emolument in conformity to the criteria prescribed by a
Government act.
Pursuant to the statute governing the stamps of the state authorities,
the High Civil Service Council shall have its stamp.
End of Duty with the High Civil Service Council
(1)
(2)
CHAPTER XIII
Passing Decisions. Emoluments for Members. Stamp
137
Article 168
The term of office of a High Civil Service Council member shall terminate:
upon the expiry of the term of appointment; by resignation; on reaching
the [mandatory] retirement age, or by dismissal.
A new member shall be appointed for the remaining duration of the
High Civil Service Council term instead of a member whose duty
ended before expiration of the term of appointment.
(1)
(2)
(3)
Article 169
A High Civil Service Council member shall be dismissed if he/she performs his/her duties negligently or is convicted to imprisonment
exceeding six months or he/she has committed an offence rendering
him or her unfit to serve on the High Civil Service Council.
Furthermore, the member of the High Civil Service Council appointed from
civil service shall be dismissed if his/her service in an appointed position
ends or he/she is prescribed a disciplinary sanction by a final ruling.
The ruling on dismissal may not be appealed but may be challenged
in an administrative lawsuit.
CIVIL SERVANTS ACT
Dismissal from the High Civil Service Council
A
CHAPTER XIV
SPECIAL PROVISIONS ON GENERAL
SERVICE EMPLOYEES
138
Positions of General Service Employees
(1)
(2)
(3)
Article 170
The Government shall categorize general service posts by a regulation.
The Bylaw shall govern the general service posts, requirements for
engagement at such posts, and the number of general service employees.
It shall be necessary for filling a vacant general service post that post
to be specified in the Bylaw and its filling to be in compliance with the
adopted Human Resources Plan.
Employment of General Service Staff
(1)
CIVIL SERVANTS ACT
(2)
A
(3)
(4)
Article 171
A general service employee shall establish employment relation by
[entering into] an employment contract.
An employment contract must contain a provision authorizing the
employer to amend, by the employer’s ruling, those elements of the
contract that law allows to be unilaterally changed.
The Principal, or a civil servant authorized in writing by the Principal,
shall decide on rights and obligations of a general service employee by
a ruling.
A general service employee shall have the right to salary, compensation and other earnings in accordance with the statute governing
emoluments in state authorities.
Transfers and Assignments of General Service Employees
(1)
Article 172
The provisions on transfers and reassignments of civil servants under
this statute shall apply to the general service employees accordingly.
(4)
CHAPTER XIV
(3)
The ruling on (re)assignment of a general service employee shall, by
operation of law, replace the corresponding provisions of the employment contract.
If a general service employee refuses (re)assignment his/her employment
contract shall be cancelled.
The employment contract of a general service employee shall be cancelled whenever, following changes in either internal organization of
a state authority or organization of the system of state authorities [in
general], there are no more posts he/she may be (re)assigned to.
139
CIVIL SERVANTS ACT
(2)
A
CHAPTER XV
INSPECTION OVER IMPLEMENTATION
OF THE STATUTE
140
Competence for Inspection
Article 173
The ministry in charge of administrative affairs shall supervise the
implementation of this statute through the administrative inspectorate.
Subject of Inspection
Article 174
An administrative inspector shall inspect:
1) Compatibility of the Bylaw with the statute and other regulation;
2) Conformity of one’s employment [with the Civil Service] with the
Bylaw and the Human Resources Plan;
3) Legality of the internal and/or public competition administration;
4) Legality of appointments, transfers and promotion of civil servants;
5) Timeliness and correctness of submission of data for entry in the
Central Personnel Registry;
6) Other issues related to employment in state authorities.
Responsibilities and Powers of an Administrative Inspector
CIVIL SERVANTS ACT
(1)
A
(2)
(3)
(4)
Article 175
An administrative inspector must act upon every complaint from his/her
competence and inform the petitioner on the outcome of his/her action.
If an administrative inspector finds the statute, other regulation and general acts have been implemented unlawfully or irregularly, he/she shall take
measures for which he/she is authorized by the statute governing the
administrative inspection.
An administrative inspector may propose that the Appeals Board
annul or repeal ex officio an unlawful final ruling whereby obligations
or rights of a civil servant were decided upon.
The invalidation of a ruling on appointment to an appointed position,
employment or transfer shall not affect validity of acts or actions a
civil servant issued or undertook before the invalidation of the ruling.
Time Limit for Passing Regulations
Article 176
By 31 January 2006, the Government shall pass regulations prescribed
by this statute.
Establishment of the Human Resources Management Service.
Appointment of Members of the High Civil Service Council and
the Appeals Boards
(2)
(3)
Article 177
The Government shall form the Human Resources Management
Service and appoint the Director of the Human Resources
Management Service by 31 December 2005.
Members of the High Civil Service Council shall be appointed by 31
March 2006 and the President of the Government shall also propose,
from appointed persons who have at least five years of service with
the state administration authorities and service of the Government,
those members of the High Civil Service Council that are not experts
in the fields important for the functioning of the state administration.
Members of the appeals boards shall be appointed by 15 July 2006.
Passing of Acts
(1)
(2)
141
Article 178
By 30 November 2005, the Supreme Court of Serbia and the Republic
Public Prosecutor shall issue acts specifying appointed positions in
courts and public prosecutors’ offices.
By 31 March 2006, the President of the Republic, the National Assembly, the
Constitutional Court and authorities whose members are appointed by the
National Assembly shall issue acts specifying the appointed positions that
exist in the services of these authorities, classify appointed positions and
positions of principals of internal units, and specify the types of tasks that
are performed under each rank prescribed by this statute.
CIVIL SERVANTS ACT
(1)
CHAPTER XVI
TRANSITIONAL
AND FINAL PROVISIONS
A
(3)
(4)
By 31 June 2006, the High Civil Service Council shall pass its Rules of
Procedure and other acts from its competence.
By 31 January 2006, the Director of the Human Resources Management
Service shall pass a bylaw on internal organization and a staffing table
of the civil service.
Status of Appointed Persons
CHAPTER XVI
(1)
142
(2)
Article 179
Until the [final] appointment of civil servants to the appointed positions, the appointed persons from state administration authorities
whose posts are to become appointed positions shall continue their
work in accordance with rules, including ones on termination of office,
applicable on the day of their appointment.
If the term of office of an appointed person terminates before the
appointment of a civil servant to the position, a new person shall be
appointed pursuant to the rules applicable on the day of the appointment of his/her predecessor whose term of office ceased.
Conducting Competition for Appointed Positions
(1)
(2)
Article 180
A public competition for appointment to positions shall be conducted
by 1 July 2007.
In any case, service of appointed persons whose posts are to become
appointed positions shall end by 1 July 2007.
Application of Regulations to Judges and Employees in the Petty
Offence Authorities
(1)
CIVIL SERVANTS ACT
(2)
A
Article 181
The provisions that apply to civil servants and general service staff in
courts shall apply to the employees of petty offence authorities as of
the day when this statute enters into force.
The provisions of the Employment in State Authorities Act shall apply
to judges from petty offence offices until the commencement of functioning of petty offence courts.
Positioning Civil Servants. Signing Employment Contracts with
General Service Employees
(1)
(2)
Article 182
Positioning of civil servants in accordance with the bylaws on internal
organization and staffing table of state authorities that have been
harmonized with this statute and subsidiary instruments thereunder
shall be completed by 15 July 2006.
A civil servant found in a position for which he/she does not meet the
requirements in terms of work experience may still be assigned to the
same position under the conditions from the regulation governing
classification of posts and jobs in the state administration authorities,
(3)
services of the Government, courts, public prosecutors’ offices and the
Republic Public Attorney (Article 44, paragraph 1 of this statute).
Employment contracts continuing employment of general service
employees shall be entered into by 15 July 2005.
Conclusion of Ongoing Proceedings
Article 183
The proceedings for deciding on rights, obligations and liabilities of
employees commenced before the entry of this statute into force shall
be carried out in accordance with the rules applicable at the time of
their initiation.
Article 184
The persons who, before the entry into force of this statute, obtain the
right to salary upon termination of office pursuant to the Employment in
State Authorities Act shall continue to enjoy that right in accordance
with the said statute.
Probation and Internship
Article 185
The probation and internship periods commenced before the entry of
this statute into force shall be carried on in accordance with the rules
applicable at the time of their commencement.
CHAPTER XVI
Right to Salary upon Termination of Office
143
Professional Exam
(2)
Application of Special Collective Agreement
for State Authorities in Force
Article 187
Except for the provisions contravening this statute, the Special Collective
Agreement for the State Authorities (“The Official Herald of RS”, No.
23/98) shall apply until the signing of the special collective bargaining
agreement for the state authorities in conformity with this statute.
Taking Over Employees by the Human Resources Management Service
(1)
Article 188
By 15 January 2006, the Human Resources Management Service shall
take over the employees who, within the Ministry for State
CIVIL SERVANTS ACT
(1)
Article 186
The Regulation on Professional Exam of Employees in State
Administration Authorities (“The Official Herald of RS”, No. 80/92 and
62/01) shall apply by the moment the regulation governing the methods
of taking and programme of the state professional exam enters into force.
The persons who have passed the professional exam for employees in the
state administration authorities shall not take the state professional exam.
A
(2)
Administration and Local Government, performed the tasks from the
Human Resources Management Service competence, as well as the
corresponding cases, equipment, records, archive and assets.
Until the entry of this statute into force, the Human Resources Management
Service shall: make preparations for the introduction of the Central
Personnel Registry, provide expert-technical support to the High Civil Service
Council, and organize training of employees to implement this statute.
CHAPTER XVI
Regulations Applied in Authorities of Autonomous Province and
Local Government
144
Article 189
The provisions of the Employment in State Authorities Act shall continue to apply accordingly to authorities of an autonomous province
and/or a local government until the passing of another statute.
Invalidity of Certain Regulations
(1)
(2)
Article 190
Application of the Employment in State Authorities Act (“The Official
Herald of RS”, No. 48/91, 66/91, 44/98, 49/99, 34/01 and 39/02) to
employment in state authorities shall stop when this statute enters
into force.
The entry into force of this statute shall result in invalidation of the
following acts:
1) Article 23 of the Public Services Act (“The Official Herald of RS”, No.
42/91 and 71/94),
2) Article 6 of the Ministries Act (“The Official Herald of RS”, No. 19/04
and 84/04) in the part relating to monitoring human resources needs
in the Administration;
3) Article 6, paragraph 3, and Article 121, paragraph 8, of the
Fundamentals of the Educational System Act (“The Official Herald of
RS”, No. 62/03, 64/03, 58/04 and 62/04).
CIVIL SERVANTS ACT
Entry into Force
A
Article 191
This Act shall enter into force on 1 July 2006, except the provisions
under Article 158, paragraphs 1 and 3; Article 164, paragraph 1; Articles
165-167; Article 176; Article 177, paragraphs 1 and 2; Article 178 and
Article 188 that shall enter into force on the eighth day from the publication in “The Official Herald of the Republic of Serbia”.
Pursuant to Article 158, paragraph 1, and Article 177, paragraph 1, of the Civil
Servants Act („The Official Herald of the Republic of Serbia”, No. 79/05,
81/05–corrigendum and 83/05–corrigendum), and Article 31, paragraph 1, of
the Government Act („The Official Herald of the Republic of Serbia”, No.
55/05 and 71/05–corrigendum), the Government [hereby] passes
REGULATION ON ESTABLISHING
THE HUMAN RESOURCES
MANAGEMENT SERVICE
“OFFICIAL HERALD OF THE REPUBLIC OF SERBIA”, NO. 106/2005
145
(1)
(2)
Article 1.
The Human Resources Management Service is hereby established. Its
organization and domain of activities shall be governed by this regulation.
The Human Resources Management Service is a service of the
Government.
Domain of the Human Resources Management Service
(1)
Article 2.
The Human Resources Management Service (hereinafter: the Service)
shall carry out the following specialist tasks related to the personnel
management in the ministries, special organizations, services of the
Government, and support services of the administrative districts
(hereinafter: the Authorities):
1) Advertising internal and public competitions for filling appointive
and executorial* positions with the Authorities, and ensuring the
proper administration of the competitions;
* Remark by the translator: “Executorial” has been chosen instead of “Executive” as the latter
is usually associated with chief officers of a government, state, or political division or persons
having administrative or managerial authority.
REGULATION ON ESTABLISHING
THE HUMAN RESOURCES MANAGEMENT SERVOCE
Content of the Regulation
R
REGULATION ON ESTABLISHING
THE HUMAN RESOURCES MANAGEMENT SERVOCE
146
R
(2)
(3)
2) For the Government, preparing the Human Resources Plan Proposal
of the Authorities and ensuring the proper implementation of the
adopted human resources plans;
3) Taking care of a coordinated reorganization of the state administration,
which includes: development of the civil service system, regulatory initiative related to regularizing the status of civil servants and general service employees, and taking part in the drafting of regulations;
4) Providing its opinion on bylaws on internal organization and
staffing tables of the Authorities;
5) Providing specialist support to the Authorities in relation to the personnel management and internal organization;
6) Administering the Central Personnel Registry of civil servants and
general service employees with the Authorities;
7) Administering records of the Internal Labor Market in the authorities,
assisting civil servants with reassignments and work in project groups,
and assisting the Authorities with solving personnel related needs;
8) Drafting the Programme of the General Professional Civil Service
Training Proposal for the Government, and organizing professional
training in line with the adopted Program;
9) Carrying out specialist, technical and administrative tasks for the
High Civil Service Council, and the Government Appeals Board, and
providing environment and resources for their operations.
The Service shall advertise internal and public competitions for filling
appointive positions with the Republic Public Attorney’s Office,
ensure the proper administration of the competitions, and issue its
opinion on the Bylaw on Internal Organization of the Republic Public
Attorney’s Office and its Staffing Table.
The Service shall also carry out other tasks significant for the personnel management that the Government entrusts it with, as well as the
tasks prescribed by a statute or a Government’s regulation.
Director of the Service
(1)
(2)
(3)
Article 3.
The Director appointed by the Government to a five-year’s term at a
proposal by the President of the Government shall manage the Service.
The Director of the Service shall be accountable to the Government
and the President of the Government.
The Director of the Service shall be a civil servant in an appointive
position.
Assistant Directors of the Service
(1)
(2)
Article 4.
There shall be assistants to the Directors of the Service appointed by
the Government upon his/her proposal to a five-year’s term.
Assistant directors of the Service shall be civil servants in appointive
positions.
Appointment of the Director of the Service and his/her Assistants
(1)
(2)
Article 5.
The Government shall appoint the Director of the Service within fifteen days from the entry of this regulation into force.
The Government shall appoint the assistant directors of the Service
within fifteen days from entry of the Bylaw on Internal Organization
of the Service and its Staffing Table into force.
Deadline for Adoption of the Bylaw
Article 6.
The Director of the Service shall pass the Bylaw on the Internal
Organization of the Service and its Staffing Table within 30 days from
the appointment to the office.
Status of the Director of the Service and Assistant Directors before
Appointment of Civil Servants
(1)
(2)
Article 7.
As long as the Director of the Service and the assistant directors are not
appointed as civil servants, the Director of the Service and the assistant
directors shall work in accordance to the rules, including those on the
termination of office, applicable on the day of their appointment.
If the office of the Director of the Service or an assistant director that have not
been appointed to the position as a civil servant terminates, the new Director
of the Service and/or assistant director shall be appointed in conformity with
the rules applicable on the day of the predecessor’s appointment.
147
(1)
(2)
Article 8.
As soon as the Director of the Service is appointed, the Service shall
take over from the Ministry of State Administration and Local
Government all the employees engaged on transactions from the
domain of the Service, the corresponding equipment, resources,
records, archive, and cases.
The Service shall be, even before 01 July 2006, making preparations for
the introduction of the Central Personnel Registry, providing specialisttechnical support to the High Civil Service Council, and organizing
training of the staff for the application of the Civil Servants Act.
Entry of this Regulation into Force
Article 9.
This regulation shall enter into force a day after its publication in “The
Official Herald of the Republic of Serbia”, except the provision under
Article 2 that shall enter into force on 01 July 2006.
REGULATION ON ESTABLISHING
THE HUMAN RESOURCES MANAGEMENT SERVOCE
Takeover
R
Pursuant to Article 155, paragraph 4, of the Civil Servants Act (“The Official
Herald of the Republic of Serbia”, No. 79/05, 81/05–corrigendum, and
83/05–corrigendum), the Government [hereby] passes
REGULATION ON DEVELOPMENT OF
THE HUMAN RESOURCES PLAN FOR
THE STATE AUTHORITIES
“OFFICIAL HERALD OF THE REPUBLIC OF SERBIA”, NO. 8/2006
148
REGULATION ON DEVELOPMENT OF THE HUMAN RESOURCES
PLAN FOR THE STATE AUTHORITIES
I. PRINCIPAL PROVISIONS
R
Content of the Regulation
Article 1.
This regulation shall govern development of the human resources
plans for the ministries, special organizations, support services of the
administrative districts, courts, public prosecutors’ offices, the
Republic Public Attorney’s Office, services of the National Assembly,
offices of the President of the Republic, the Government, the
Constitutional Court, and services of the authorities whose members
are appointed by the National Assembly (hereinafter: the Authorities).
Content of the Human Resources Plan
Article 2.
The Human Resources Plan shall present:
1) The existing number of civil servants and general service employees
indefinitely employed with the Authorities, broken down by the position, rank, and job type of each post of employment;
2) The existing number of civil servants and general service employees
that are employed with the Authorities on fixed term due to rise of
activities, broken down by the position, rank, and job type of each post;
3) The existing number of interns engaged by the Authorities, broken
down by the educational level;
4) The number of civil servants and general service employees, broken
down by each position, rank and job type of the post, that the
Authorities need to employ for an indefinite period in the year for
which the Human Resources Plan is to be adopted;
5) The number of fixed-term civil servants and general service
employees that the Authorities need to employ in the year for which
the Human Resources Plan is to be adopted;
6) The number of interns, broken down by the educational level, that
the Authorities need to admit in the year for which the Human
Resources Plan is to be adopted.
Significance of the Human Resources Plan
Article 3.
Filling vacancies in an authority, admittance to fixed-term employment resulting from a rise of activities, and admittance of interns to
an authority shall be allowed only if it conforms to the adopted
Human Resource Plan.
Adoption and Duration of the Human Resources Plan
(2)
(3)
II. DEVELOPMENT OF THE DRAFT HUMAN
RESOURCES PLAN
Who, When, and How prepares the Draft Human Resources Plan
(1)
(2)
(3)
Article 5.
Each authority itself shall prepare its Draft Human Resources Plan.
An authority shall develop the Draft Human Resources Plan simultaneously with its Financial Plan Proposal.
The draft Human Resources Plan shall be based on: the evaluation of the
current year’s Human Resources Plan implementation, planned changes of
operative procedures applied in the authority, and the requests for increase
or decrease of the number of civil servant and/or general service employees
and/or for re-categorization or re-drafting their job descriptions as a result
of the [anticipated] changes of the mode and/or the extent of activities.
149
REGULATION ON DEVELOPMENT OF THE HUMAN RESOURCES
PLAN FOR THE STATE AUTHORITIES
(1)
Article 4.
The Human Resources Plan shall be adopted within 30 days from the
publication of the Republic of Serbia Budget Act in “The Official Herald
of the Republic of Serbia”.
The Human Resources Plan shall be valid for a fiscal year.
The Human Resources Plan shall be amended if, in the course of a fiscal year, a statute amending and/or supplementing the state budget
act is adopted by which the amount of monies earmarked for salaries
is changed to correspond to a smaller or bigger number of civil servants and general service employees anticipated.
R
Content of Draft Human Resources Plan
(1)
REGULATION ON DEVELOPMENT OF THE HUMAN RESOURCES
PLAN FOR THE STATE AUTHORITIES
150
R
(2)
(3)
Article 6.
The Draft Human Resources Plan shall consist of a spreadsheet and a
narrative.
The spreadsheet shall show:
1) The existing number of civil servants and general service employees
indefinitely employed with the authority, broken down by position,
rank, and type of job;
2) The existing number of civil servants and general service employees employed with the authority on fixed-term basis due to increase
of activities, broken down by position, rank, and type of job;
3) The existing number of interns engaged with the authority, broken
down by the educational degree;
4) The number of civil servants and general service employees
employed with the authority for an indefinite period foreseen to be in
the active service at the end of the year for which the Human Resources
Plan is being developed, broken down by position, rank and type of job;
5) The number of fixed-term civil servants and general service
employees planned for engagement by the authority in the year for
which the Human Resources Plan is being developed because of the
[anticipated] rise of business activities;
6) The number of interns planned for admittance by the authority in
the year for which the Human Resources Plan is being prepared, broken down by the educational level.
The narrative part of the Draft Human Resources Plan shall contain information on: the implementation of the current year’s Human Resources Plan,
reasons for increment or reduction of the number of the indefinitely
employed civil servants and general service employees, reasons underlying
the necessity for changing job descriptions and re-categorization of jobs,
and, if engagement of fixed-term civil servants and general service employees is planned, reasons underlying the expected rise of activities.
A ministry that has an integrated administrative authority within the
ministry shall first, in its Draft Human Resources Plan, present the
data pertaining to the ministry itself without the said authority, then
the data pertinent to the administrative authority, and finally, the
consolidated data pertinent to the ministry as a whole.
To Whom a Draft Human Resources Plan is furnished?
(1)
(2)
Article 7.
Each authority shall furnish its Draft Human Resources Plan to the
Ministry of Finance together with its Financial Plan Proposal.
Besides transmitting their draft human resources plans to the Ministry
of Finance, the ministries, special organizations, services of the
Government, and support services of the administrative districts shall
furnish their draft plans to the Human Resources Management Service
or the Ministry of Justice in case of courts and public prosecutors’ offices.
Duty of the Human Resources Management Service and/or the
Ministry of Justice to check Draft Human Resources Plans of
Certain Authorities
(1)
(2)
Article 8.
The Human Resources Management Service shall examine whether the
draft human resources plans of the ministries, special organizations,
services of the Government, and support services of the administrative
districts have been prepared in accordance to the provisions of this regulation. If deficiencies are found, the Human Resources Management
Service shall issue instructions for their rectification.
While examining the draft human resources plans of the courts and
the public prosecutors’ offices, the Ministry of Justice shall have the
same powers as the Human Resources Management Service does
when examining draft human resources plans of the ministries, special organizations, services of the Government, and support services of
the administrative districts.
Conforming the Draft Human Resources Plan to the Draft State
Budget Act
(2)
(3)
Duty of Certain Authorities to transmit the Amended Draft
Human Resources Plan to the Human Resources Management
Service and/or the Ministry of Justice
Article 10.
The ministries, special organizations, services of the Government, and
support services of the administrative districts shall transmit their
draft human resources plans, that have been amended at the request
by the Ministry of Finance or the Government, to the Human
Resources Management Service. The courts and public prosecutor’s
offices shall transmit the same to the Ministry of Justice.
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REGULATION ON DEVELOPMENT OF THE HUMAN RESOURCES
PLAN FOR THE STATE AUTHORITIES
(1)
Article 9.
If the Ministry of Finance agrees to the amount of the state budget
monies to be disbursed for the implementation of the Draft Human
Resources Plan, the preparation of the Draft shall be deemed concluded
and the Draft harmonized with the Draft Republic of Serbia Budget Act.
If the Ministry of Finance disagrees to the amount of state budget monies
foreseen as needed for the implementation of the Draft Human
Resources Plan, the Ministry shall propose amendments to the Draft Plan.
If the [responsible] authority agrees to the proposed amendments, it
shall make a new Draft Human Resources Plan and furnish the Draft
to the Ministry of Finance. In cases of disagreement, and following the
Draft State Budget Act review and the resolution of the dispute by the
Government, the [responsible] authority must harmonize its Draft
Human Resources Plan with the position of the Government.
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III. DEVELOPMENT OF HUMAN RESOURCES PLAN
PROPOSAL
Competence for Development of Human Resources Plan Proposal.
Deadline for the Development of Human Resources Plan Proposal
(1)
(2)
(3)
(4)
Article 11.
The Human Resources Management Service shall prepare the Human
Resources Plan Proposal for all ministries, special organizations, services
of the Government, and support services of the administrative districts.
The Ministry of Justice shall prepare the Human Resources Plan
Proposal for all courts and public prosecutor’s offices.
Other authorities shall prepare their own Human Resources Plan proposals.
The Human Resources Plan Proposal shall be prepared within eight
days from the publication of the Republic of Serbia Budget Act in “The
Official Herald of the Republic of Serbia”.
Content of Human Resources Plan Proposal
(1)
REGULATION ON DEVELOPMENT OF THE HUMAN RESOURCES
PLAN FOR THE STATE AUTHORITIES
152
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(2)
Article 12.
The Human Resources Plan Proposal prepared by an authority itself
shall contain the information from the Draft Human Resources Plan’s
spreadsheet harmonized with changes applied between the moments
when the Draft and the Proposal were produced.
The Human Resources Plan Proposal prepared by the Human Resources
Management Service shall contain the data from Draft Human Resources
Plans spreadsheets for each authority as harmonized with changes
applied between the moments when the Draft and the Proposal were
produced, as well as the consolidated data for all authorities.
To Whom the Human Resources Plan Proposal is furnished
(1)
(2)
(3)
Article 13.
The Human Resources Management Service shall furnish the Human
Resources Plan Proposal for inspection to the Ministry of Finance and
all the authorities encompassed in the Plan.
The Ministry of Justice shall furnish the Human Resources Plan
Proposal for inspection to all the courts and public prosecutors’ offices,
as well as to the Ministry of Finance for approval.
The Authority that prepares the Human Resources Plan Proposal by
itself shall transmit its Human Resources Plan Proposal to the Ministry
of Finance for approval.
Examination of the Human Resources Plan Proposal
(1)
Article 14.
Each authority encompassed in the Human Resources Plan Proposal
prepared by the Human Resources Management Service or the
Ministry of Justice respectively must check whether the data pertinent to it are accurate, and whether the Human Resources Plan
(2)
(3)
Proposal is conformed to the amount of monies to be disbursed for
salaries under the Republic of Serbia Budget Act. The authorities must
dispatch written information on the check up conducted to the
Human Resources Management Service or the Ministry of Justice
respectively within eight days.
The Ministry of Finance shall check whether the Human Resources
Plan Proposal prepared by the Human Resources Management Service
or the Ministry of Justice is entirely harmonized with the Republic of
Serbia Budget Act.
The Ministry of Finance shall also check whether its own Human Resources
Plan Proposal is in harmony with the Republic of Serbia Budget Act.
IV. ADOPTION OF THE HUMAN RESOURCES PLAN
Competence for Adoption of the Human Resources Plan
(2)
(3)
Duty of the Human Resources Management Service and/or the
Ministry of Justice to Submit Certified Excerpts from the Adopted
Human Resources Plan to Certain Authorities
(1)
(2)
Article 16.
The Human Resources Management Service shall transmit the relevant certified excerpt from the adopted Human Resources Plan to each
authority encompassed in the Plan.
The Ministry of Justice shall transmit the relevant certified excerpt
from the adopted Human Resources Plan to each court and/or public
prosecutor’s office.
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REGULATION ON DEVELOPMENT OF THE HUMAN RESOURCES
PLAN FOR THE STATE AUTHORITIES
(1)
Article 15.
The Human Resources Management Service shall adopt the Human
Resources Plan for the ministries, special organizations, services of the
Government, and support services of the administrative districts upon
a proposal by the Government.
Having received approval from the Ministry of Finance, the Ministry
of Justice shall adopt the Human Resources Plan for the courts and the
public prosecutors’ offices.
Having received approval from the Ministry of Finance, the principals
of other authorities shall adopt the human resources plans pertinent
to these authorities, unless otherwise is prescribed by a separate regulation.
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V. OVERSIGHT OF AND MONITORING PLEMENTATION
OF THE HUMAN RESOURCES PLAN
(1)
(2)
(3)
(4)
REGULATION ON DEVELOPMENT OF THE HUMAN RESOURCES
PLAN FOR THE STATE AUTHORITIES
154
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Article 17.
The Administrative Inspectorate shall inspect consistency of employment in all authorities with the Human Resources Plan.
The Human Resources Management Service shall monitor implementation of the Human Resources Plan in the ministries, special organizations, services of the Government, and support services of the
administrative districts when internal and public job competitions are
conducted there.
The Ministry of Justice shall monitor implementation of the Human
Resources Plan in the courts and the public prosecutors’ offices.
The Government may request the Human Resources Management
Service and/or the Administrative Inspectorate to submit reports on
the implementation of the Human Resources Plan in the ministries,
special organizations, services of the Government, and support services of the administrative districts. If deviations from the Human
Resources Plan are found, the Government may order undertaking of
appropriate measures.
VI. FINAL PROVISION
Article 18.
This regulation shall enter into force on 01 July 2006 but shall apply as
of the development of the 2007 Budget.
Pursuant to Article 84, paragraph 3, of the Civil Servants Act (“The Official
Herald of the Republic of Serbia, No. 79/05, 81/05-corrigendum, and 83/05corrigendum), the Government [hereby] passes
REGULATION ON APPRAISAL
OF CIVIL SERVANTS
“OFFICIAL HERALD OF THE REPUBLIC OF SERBIA”, NO. 11/2006
I. PRINCIPAL PROVISIONS
155
Content of the Regulation
Appraisal Principles
(1)
(2)
Article 2
The appraisal procedure shall be [conducted in an] independent and
impartial [manner].
No one participating in the appraisal procedure may be subjected to
any directive that could affect the outcomes of the appraisal.
Appraisal Cycle
(1)
(2)
(3)
Article 3
The civil servant shall be appraised for the period between 1 January
and 31 December (hereinafter: appraisal period).
By the end of February of the current year, the Principal of a state
authority shall issue the ruling assigning a grade to the civil servant
for the preceding appraisal period.
The Principal’s ruling shall be based on the appraisal report prepared
by the person that is directly superior to the [appraised] civil servant
(hereinafter: the Evaluator) and signed by a person that is directly
superior to the Evaluator (hereinafter: the Countersigner).
REGULATION ON APPRAISAL OF CIVIL SERVANTS
Article 1
This Regulation shall govern the criteria and procedure of appraising
civil servants in all state authorities.
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Exceptions from Appraisals
Article 4
Principals managing state authorities, a civil servant who during the
appraisal period worked for less than six months for any reason, and a
civil servant who had been employed on fixed-term shall not be
appraised.
Appraisal before Expiration of the Appraisal Period
Article 5
A civil servant subjected to an appraisal may file a motion for an early
appraisal if his/her employment is nearing its end or for an impending longer leave of absence. The appraisee must be appraised within
30 days from the filing of the motion.
II. PREREQUISITES FOR APPRAISAL
1. WORKING OBJECTIVES
Definition of Working Objectives
156
(1)
(2)
Article 6
Each civil servant subjected to an appraisal may be assigned a maximum of five working objectives for a given appraisal period.
The working objectives must derive from the job description and the
purpose of the position, be achievable and measurable, and have reasonable deadlines set.
REGULATION ON APPRAISAL OF CIVIL SERVANTS
Specifying Working Objectives
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(1)
(2)
(3)
(4)
Article 7
The Evaluator shall specify the working objectives after an interview with
the civil servant [conducted] before the beginning of an appraisal period,
at the latest fifteen days after the beginning of the appraisal period.
The specified working objectives shall be written down, in the order of
importance, in a specific document that shall be signed by the
Evaluator and the civil servant to be appraised.
The document shall be transmitted to the office within the state
authority charged with personnel affairs (hereinafter: the Personnel
Unit) for filing with the personal file of the concerned civil servant.
The copies of the filed document shall be retained by the Evaluator
and the civil servant.
If a civil servant does not agree with the working objectives as specified by the Evaluator and thus refuses to sign the document prescribing the working objectives, the Countersigner shall ultimately specify
the working objectives after the interview with the concerned civil
servant and the Evaluator.
Revision of Working Objectives
(1)
(2)
(3)
Article 8
The working objectives may be revised if priorities of the state authority or the internal unit have changed or such circumstances have
occurred making the [specified] working objectives unachievable.
The working objectives may be also revised if the need for doing so is
found upon the appraisal.
The revision of the working objectives shall be done in as the same
manner as the initial specification of the working objectives. The act
specifying the amendments shall be attached to the document listing
the initial working objectives.
2. DUTIES OF THE EVALUATOR DURING THE APPRAISAL PERIOD
III. APPRAISAL CRITERIA AND MARKS
1. APPRAISAL CRITERIA
a) All Appraisal Criteria
Article 10
The Civil Service appraisal criteria shall be the following: achieved
results in carrying out tasks attached to the post of employment and
the specified working objectives, autonomy, creativity, initiative, precision and diligence, cooperation with other civil servants, and other
abilities required for the job.
b) Explanation of Appraisal Criteria
Achieved Results
Article 11
“Achieved results” in performing tasks associated to the post of
employment shall demonstrate how successful the civil servant is
at fulfilling the specified working objectives, including the one on
the quality of performance.
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REGULATION ON APPRAISAL OF CIVIL SERVANTS
Article 9
During the appraisal period, the Evaluator shall:
1) constantly supervise the work of the civil servant and collect necessary information on outcomes of his/her performance, taking into
consideration the nature of the tasks, working environment and the
level of the civil servant’s experience;
2) document the work of the civil servant during the appraisal period
by writing down and commenting on the important examples and
evidence of the civil servant’s performance.
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Autonomy
Article 12
“Autonomy” shall mean the extent to which the appraised civil servant
has been able to achieve his/her working objectives under the [appropriate] guidance and control by the Evaluator that correspond to the
appraisee’s rank.
Creativity
Article 13
“Creativity” shall mean the extent to which the appraised civil servant
has been able to make analytical and creative judgments and assess
facts and circumstances while making decisions or giving proposals
for solving problems.
Initiative
Article 14
“Initiative” shall mean the extent to which the appraised civil servant has been able to, without specific directives by the Evaluator,
plan and implement his/her working objectives within limits of
responsibilities and powers specified in his/her job description.
158
Precision and Diligence
Article 15
“Precision and diligence” shall mean the extent to which the appraised
civil servant has been able to perform in a punctual and proper manner.
REGULATION ON APPRAISAL OF CIVIL SERVANTS
Quality of Cooperation
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Article 16
“Quality of cooperation” shall mean the extent to which the
appraised civil servant has been able to work and communicate productively and harmoniously with the superiors, peers, and subordinates in his/her unit. It shall also include the extent to which the
appraisee has been able to link and coordinate his/her actions with
ones of civil servants from the units of his/her own state authority
and/or other state authorities.
Additional Appraisal Criteria
Article 17
“Additional appraisal criteria” pertinent primarily to understanding
and use of particular skills required for the job shall be determined
before an appraisal period and shall be included in the working objectives specified for a civil servant.
2. MARKS
a) Types of Marks
Article 18
The marks shall be the following: “unsatisfactory” (1), “satisfactory” (2),
“good” (3), “distinction” (4) and “outstanding distinction” (5).
b) Explanation of Marks
“Unsatisfactory” Mark
Article 19
An “unsatisfactory” mark shall be assigned to the civil servant who
has failed to achieve even a minimal level of the specified working
objectives and/or conventional job requirements.
“Satisfactory” Mark
Article 20
A “satisfactory” mark shall be assigned to the civil servant who has
achieved the specified working objectives and satisfied the conventional job requirements at a minimal performance level.
“Good” Mark
Article 21
A “good” mark shall be assigned to the civil servant who has achieved
the specified working objectives and satisfied the conventional job
requirements at an average performance level.
159
Article 22
A “distinction” mark shall be assigned to the civil servant who has
achieved the specified working objectives and satisfied the conventional job requirements above an average performance level.
“Outstanding distinction” Mark
Article 23
An “outstanding distinction” mark shall be assigned to the civil servant
who has achieved the specified working objectives and satisfied the conventional job requirements at an exceptionally high performance level.
IV. APPRAISAL PROCEDURE
1. APPRAISAL REPORT
a) Tasks of the Evaluator
Preparation of the Appraisal Report
(1)
Article 24
Following the expiration of the appraisal period, the Evaluator shall
prepare the report on the appraisal of a civil servant.
REGULATION ON APPRAISAL OF CIVIL SERVANTS
“Distinction” Mark
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(2)
(3)
The appraisal report shall contain the proposed mark for the appraised
civil servant and the underlying information.
The appraisal report shall be prepared by filling up the form appended to this regulation under Annex I.
Change of the Evaluator in the Course of the Appraisal Period
(1)
(2)
(3)
Article 25
If during the appraisal period the Evaluator has to be changed for
whatever reason, the preceding Evaluator shall have to prepare an
interim appraisal report for the period he/she covered in the capacity
of the Evaluator, in accordance with the provisions of this regulation
governing regular appraisal reports.
The Countersigner associated to the preceding Evaluator shall countersign the interim appraisal report and send it to the succeeding
Evaluator through the Personnel Unit.
Upon the expiry of the appraisal period, the succeeding Evaluator
shall prepare the appraisal report under the obligation to consult the
interim appraisal report.
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(1)
REGULATION ON APPRAISAL OF CIVIL SERVANTS
Computing the proposed Mark in the Appraisal Report
(2)
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(3)
Article 26
While taking into account specific significance of each specified working objective, the proposed mark shall be determined according to the
appraisal criteria by firstly assigning marks ranging from 1 to 5 (unsatisfactory, satisfactory, good, distinction, outstanding distinction) to the
appraised civil servant for the achieved results during each quarter of
the appraisal period. Thereafter, the average mark for the entire
appraisal period shall be computed.
Then, the appraised civil servant shall be assigned marks ranging
from 1 to 5 (unsatisfactory, satisfactory, good, distinction, outstanding
distinction) for each remaining appraisal criterion for the entire
appraisal period. Then the average shall be computed for all these criteria cumulatively.
The average mark computed by the application of the “achieved
results” criterion shall be summed up with the average mark computed by application of the all-remaining appraisal criteria. The produced
total shall be divided by two. Depending on the produced result, the
proposed mark shall be the following:
– results ranging from 4,78 to 5,00 – “outstanding distinction”;
– results ranging from 3,77 to 4,77 – “distinction”;
– results ranging from 2,77 to 3,76 – “good”;
– results ranging from 1,65 to 2,76 – “satisfactory”;
– results below 1,65 – “unsatisfactory”.
Remaining Content of the Appraisal Report
Article 27
Among other things, the Evaluator shall enter the following in the
appraisal report: comments underlying the proposed mark, particularly the “exceptional distinction” and the “unsatisfactory” ones; factual
working difficulties encountered by the civil servant during the
appraisal period; proposals for professional training of the civil servant; the remark that the appraised civil servant will be subjected to a
special appraisal because of an “unsatisfactory” mark, as well as other
comments of significance for the [ultimate] determination of the
mark.
b) Appraisal Interview
Informing the Civil Servant about the Interview
(2)
Purpose of the Appraisal Interview
Article 29
The appraisal interview shall serve for explaining the content of the
appraisal report, discussing the comments that the Evaluator entered
in the appraisal report, as well as the comments on the appraisal report
made by the appraisee, revising the report, and, if necessary, changing
the working objectives for the ongoing appraisal period.
Signing the Appraisal Report
(1)
(2)
Article 30
The appraised civil servant shall enter his/her comments in the
appraisal report and, when applicable, his/her reasons for dissenting
the proposed mark or Evaluator’s comments.
The appraised civil servant shall write down the date of the comment
and put his/her signature underneath his/her comment. Thereafter,
the Evaluator shall sign the appraisal report.
c) Tasks of the Countersigner
Forwarding the Appraisal Report to the Countersigner
(1)
(2)
Article 31
The Evaluator shall forward the signed appraisal report to the
Countersigner without delay.
Within ten days from the receipt, the Countersigner shall inspect the
appraisal report, settle any possible disagreements between the
Evaluator and the appraised civil servants, and shall enter in the report
his/her own comments on the proposed mark.
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REGULATION ON APPRAISAL OF CIVIL SERVANTS
(1)
Article 28
The Evaluator shall transmit the appraisal report to the appraised civil
servant together with an invitation to the appraisal interview.
The interview shall be conducted within seven days from the receipt
of the invitation to the interview.
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Countersignature
Article 32
The Countersigner shall countersign the appraisal report and submit
it to the Personnel Unit.
Procedure when there is no Countersigner
Article 33
If the Evaluator is immediately subordinated to the Principal of a state
authority, the appraisal report shall be submitted to the Personnel
Unit without a countersignature.
2. AUTHORITY OF THE PERSONNEL UNIT
(1)
(2)
162
Article 34
The Personnel Unit shall examine whether the appraisal report was
properly prepared and, if deficiencies are found, return the report to
the Evaluator and the Countersigner for rectification.
Following rectification of the deficiencies, the appraisal report shall be
again submitted to the Personnel Unit.
REGULATION ON APPRAISAL OF CIVIL SERVANTS
3. ISSUING A RULING ASSIGNING
THE MARK
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(1)
(2)
Article 35
Having received the properly prepared appraisal report from the
Personnel Unit, the Principal of the state authority shall issue the ruling whereby the mark is assigned to the appraised civil servant.
The Personnel Unit shall draft the aforesaid ruling.
4. ISSUANCE OF A RULING ASSIGNING A MARK WITHOUT PREPARING
AN APPRAISAL REPORT
(1)
(2)
Article 36
No appraisal report shall be prepared if the appraised civil servant is
immediately subordinated to the Principal of a state authority.
In such a case, having conducted an interview with the civil servant
about the appraisee’s performance, stated his/her comments and considered the appraisee’s comments, the Principal of the state authority
shall issue a ruling assigning a mark to the appraised civil servant.
5. FURNISHING THE RULING AND THE APPRAISAL REPORT TO
THE CIVIL SERVANT
(1)
(2)
Article 37
The ruling carrying the mark assigned to the appraised civil servant and
the appraisal report shall be furnished to the civil servant with no delay.
The appraised civil servant may file an appeal with the competent
Appeals Board against the ruling assigning him/her the mark within
eight days from the receipt of the ruling.
V. SPECIAL APPRAISAL
Consequences of an “Unsatisfactory” Mark
(1)
(2)
Article 38
If an appraised civil servant has been assigned an “unsatisfactory”
mark by a final ruling and the appropriate type of training is anticipated in the [planned] professional training programmes, the
Evaluator shall propose the Personnel Unit to refer the concerned civil
servant to additional training before a special appraisal is conducted.
In any case, the civil servant who has been assigned an “unsatisfactory”
mark shall be subjected to a special appraisal for the period of 90 days
(the special appraisal period) starting on the day when the ruling carrying the “unsatisfactory” mark becomes final.
163
Article 39
On a special appraisal, the Evaluator and the Countersigner shall assess
whether the appraised civil servant is able to produce the results
required for assigning him/her a “satisfactory” mark throughout the
entire special appraisal period.
Special Appraisal Report
(1)
(2)
(3)
Article 40
The Evaluator and the Countersigner shall prepare the special appraisal report.
No specific mark shall be proposed in the special appraisal report if the
results of the appraised civil servant are positive. If the results are negative, an “unsatisfactory” mark shall be proposed.
The special appraisal report shall be prepared by filling up the form
appended to this regulation under Annex II.
Furnishing the Special Appraisal Report
(1)
Article 41
The special appraisal report shall be filed with the Personnel Unit
within seven days from the expiry of the special appraisal period.
REGULATION ON APPRAISAL OF CIVIL SERVANTS
Assessment by the Evaluator and the Countersigner
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(2)
The Personnel Unit shall examine whether the special appraisal report
was properly prepared. If yes, the Unit shall transmit the report to the
Principal of the state authority. Otherwise, the unit shall return the
report to the Evaluator and the Countersigner to rectify the deficiencies.
Decisions of the Principal of the State Authority
(1)
(2)
164
(3)
Article 42
In a case the Principal considers that the appraised civil servant is not
able to achieve results required for a “satisfactory” mark throughout
the entire ongoing appraisal period, he/she shall issue a ruling assigning the concerned civil servant an “unsatisfactory” mark and declaring the termination of the appraisee’s employment. The special
appraisal report shall be also furnished to the appraised civil servant
together with the said ruling.
In a case the Principal believes that the appraised civil servant is able to
achieve the results required for a “satisfactory” mark during the entire
ongoing appraisal period, he/she shall note that in the special appraisal
report and shall not issue any ruling. In such a case, the concerned civil
servant shall remain in service and his performance during the special
appraisal period shall count in the ongoing [regular] appraisal period.
However, if the civil servant is assigned an “unsatisfactory” mark [again]
for the ongoing appraisal period, his/her employment shall terminate.
VI. OBLIGATIONS OF STATE AUTHORITIES
REGULATION ON APPRAISAL OF CIVIL SERVANTS
Confidentiality of the Appraisal Procedure
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(1)
(2)
(3)
(4)
Article 43
The appraisal procedure shall be confidential.
The Evaluator and the appraised civil servant must keep confidential everything they talked about during the preparation of the appraisal report.
Only the civil servant subjected to an appraisal, the Evaluator, the
Countersigner, a civil servant working in the Personnel Unit, the
Principal of the state authority and the competent Appeals Board may
have access to the appraisal report. They all must keep the content of the
appraisal report confidential.
Subject to consent of the appraised civil servant, the appraisal report
may be made available to other civil servants.
Duties of Personnel Unit
(1)
Article 44
The Personnel Unit shall:
1) Prepare a list identifying the Evaluator and the Countersigner of
each civil servant for each appraisal period, and inform evaluators,
countersigners and civil servants thereon,
(2)
2) Ensure uniform conduct of appraisal procedures,
3) Advise evaluators and countersigners on all appraisal related issues,
4) Add the appraisal reports into the personnel file of each civil servant.
Personnel units within ministries, special institutions, services of the
Government and specialist services of the administrative districts
shall dispatch information on annual grades for each civil servant to
the Central Personnel Registry, and produce an analytical report on
each appraisal period to forward it to the Human Resources
Management Service.
If the Personnel Unit cannot be formed
Article 45
The principals of state authorities where personnel units cannot be
formed shall assign the tasks, rights and duties associated to the
Personnel Unit under this regulation to a managing officer.
Duties of the Human Resource Management Service
Article 46
The Human Resource Management Service shall regularly compile
annual analytical reports relating to appraisal cycles in the ministries,
special institutions, services of the Government and specialist services of the administrative districts. In its annual report, the Service shall
state whether any and what changes in the appraisal procedure are
needed.
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First Appraisal Cycle
(1)
(2)
(3)
Article 47
First appraisal cycle [conducted] in compliance with this regulation
shall commence on 1 January 2007.
The working objectives for all civil servants for the appraisal period
starting on 1 January and ending on 31 December 2007 shall be specified by 15 December 2006.
The performance of the civil servants in 2006 shall be evaluated pursuant to the Regulation on Appraisal of Employees in State
Authorities („The Official Herald of the Republic of Serbia”, No. 80/92
and 137/04).
Final Provision
Article 48
This regulation shall enter into force on 1 July 2006.
REGULATION ON APPRAISAL OF CIVIL SERVANTS
VII. TRANSITIONAL AND FINAL PROVISIONS
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ANNEX I
APPRAISAL REPORT
1. GENERAL DATA
First name and family name of the appraised civil servant:
State authority:
Position and Rank of the appraised civil servant:
Education:
166
Date of last promotion
REGULATION ON APPRAISAL OF CIVIL SERVANTS
Appraisal period: from:
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to:
Training programs attended during the appraisal period:
First name and family name of the Evaluator:
Position of the Evaluator:
First name and family name of the Countersigner:
Position of the Countersigner:
2. SUMMARY OF THE APPRAISED CIVIL SERVANT’S SPECIFIED WORKING OBJECTIVES
Short description of the overall purpose of the appraised civil servant’s job::
Specified working objectives of the appraised civil servant (in order
of importance):
1
2
3
4
5
3. APPRAISAL
167
3.1 RESULTS ACHIEVED
1st Quarter
2nd Quarter
3rd Quarter
4th Quarter
Average for
all four quarters (I.-IV.)
Marks
1 2 3 4 5
Comments underlying the mark
REGULATION ON APPRAISAL OF CIVIL SERVANTS
Results
achieved
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3.2 OTHER APPRAISAL CRITERIA
Marks
Other appraisal criComments underlying the mark
teria
1 2 3 4 5
a. Independence
b. Creativity
c. Initiative
d. Precision and
Diligence
e. Quality of cooperation
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f. Additional
Criteria
REGULATION ON APPRAISAL OF CIVIL SERVANTS
Average of a-f
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3.3 TRAINING SUGGESTIONS FOR THE APPRAISED CIVIL SERVANT
3.4 OTHER OBSERVATIONS BY THE EVALUATOR
3.5 INTERVIEW WITH THE APPRAISED CIVIL SERVANT
Date of interview:
Comments by the appraised civil servant:
Date:
Signature of the appraisee:
3.6 PROPOSED MARK
169
3.7 SIGNATURE OF THE EVALUATOR:
Signature of the appraisee:
4. COUNTERSIGNATURE
Comments by the Countersigner:
Date:
Signature of the Countersigner:
REGULATION ON APPRAISAL OF CIVIL SERVANTS
Date:
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ANNEX II
SPECIAL APPRAISAL REPORT
GENERAL DATA
First name and family name of the appraised civil servant:
State authority:
Position and Rank of the appraised civil servant:
Education:
Date of last promotion
Date when the “unsatisfactory” ruling became final:
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Special appraisal period
from:
to:
REGULATION ON APPRAISAL OF CIVIL SERVANTS
Training programs attended during the appraisal period:
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First name and family name of the Evaluator:
Position of the Evaluator:
First name and family name of the Countersigner:
Position of the Countersigner:
2. SPECIAL APPRAISAL
Appraisal Criteria
Ability and capacity to achieve satisfactory
standards of performance during the entire
ongoing appraisal period
Positive
Comments
Negative
(“unsatisfactory”)
Achievement of work objectives:
Independence:
Creativity:
Initiative:
Precision and Attentiveness:
Quality of cooperation:
Other additional criteria:
Overall result of the special
appraisal:
3. INTERVIEW WITH THE APPRAISED CIVIL SERVANT
171
Date of interview:
Date:
Signature of the appraisee:
4. SIGNATURES
Date:
Signature of the Evaluator:
Signature of the Countersigner:
REGULATION ON APPRAISAL OF CIVIL SERVANTS
Comments by the appraised civil servant:
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5. CONCLUSION BY THE PRINCIPAL OF THE STATE AUTHORITY
Date:
Signature of the Principal of the State Authority:
REGULATION ON APPRAISAL OF CIVIL SERVANTS
172
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Pursuant to Article 61, paragraph 3, and Article 75, paragraph 3, of the Civil
Servants Act (“The Official Herald of the Republic of Serbia”, No. 79/05, 81/05–corrigendum, and 83/05–corrigendum), the Government [hereby] passes
“OFFICIAL HERALD OF THE REPUBLIC OF SERBIA”, NO. 3/2006
I. MAIN PROVISIONS
Content of this Regulation
Article 1.
The present regulation shall govern the administration of internal
and public competitions for filling executorial* and appointive
positions within the ministries, support services of the administrative districts (state authorities), courts, public prosecutors’ offices,
the Republic Public Attorney’s Office, services of the National
Assembly, the office of the President of the Republic, the
Government, the Constitutional Court, and services of the authorities whose members are elected by the National Assembly (hereinafter: the authorities).
* Remark by the translator: “Executorial” has been chosen instead of “Executive” as the latter
is usually associated with chief officers of a government, state, or political division or persons
having administrative or managerial authority.
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REGULATION ON CONDUNTING INTERNAL AND PUBLIC
COMPETITIONS TO FILL VACANCIES IN THE STATE AUTHORITIES
REGULATION ON CONDUCTING
INTERNAL AND PUBLIC COMPETITIONS
TO FILL VACANCIES IN THE STATE
AUTHORITIES
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Permissibility of Recruitment
Article 2.
A vacancy may be filled only if the following two requirements are
satisfied: the post has been listed in the bylaw on the internal organization and the staffing table of an authority, and the recruitment fits
into the adopted Human Resources Plan.
Commencement of Recruitment for an Executorial Position
(1)
(2)
(3)
REGULATION ON CONDUNTING INTERNAL AND PUBLIC
COMPETITIONS TO FILL VACANCIES IN THE STATE AUTHORITIES
174
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(4)
(5)
Article 3.
Prior to [actual] filling an executorial vacancy in a state administration
authority or a Government’s service, the Principal shall issue a ruling
on filling an executorial position and shall transmit it to the Human
Resources Management Service (hereinafter: the Service).
Documentation on fulfillment of the requirements for filling an
executorial vacancy, and the Principal’s statement on whether the
vacancy is to be filled by either reassignment of a civil servant within
the authority or an internal competition shall be enclosed with the
ruling transmitted to the Service.
If the Principal of a state administration authority or a Government’s
service declares that an executorial vacancy is to be filled by [conducting an] internal competition, all the information needed for advertising the internal competition shall be also submitted to the Service.
The Service shall establish whether the requirements for filling an
executorial positions are met and shall communicate that to the
Principal of the [employing] state administration authority i.e. the
Government’s service within three days from the service of the ruling
on filling an executorial position. In disputable cases, the Government
shall decide on whether the requirements for filling an executorial
position have been met or not.
As to the other authorities, the Principal shall not issue the ruling on
filling in an executorial position.
II. INTERNAL COMPETITION
1. INTERNAL COMPETITION FOR FILLING AN EXECUTORIAL POSITION
a) Internal Competition in a State Administration Authority or
Government’s Service
When is an Internal Competition conducted in a State
Administration Authority or Government’s Service
Article 4.
An internal competition for filling an executorial position in a state
administration authority or Government’s service shall be conducted
when the executorial position has not been filled in by reassignment
of a civil servant within the authority.
Types of Internal Competitions in a State Administration
Authority and Government’s Service
(2)
(3)
b) Internal Competition in Other Authorities
(1)
(2)
Article 6.
The internal competition for filling an executorial position in other
authorities shall be conducted only if the Principal of the authority
decides so and the vacancy has not been filled by reassignment of a
civil servant within the authority itself.
The Principal of the authority shall decide on eligibility of civil servants from certain state authorities to participate in the competition.
v) Advertising an Internal Competition
Who advertises an Internal Competition
(1)
(2)
Article 7.
The Service shall advertise an internal competition in state administration authorities and services of the Government within four days
from the receipt of the ruling on filling in an executorial position.
Other authorities shall advertise the internal competition
autonomously.
Mode of Advertising an Internal Competition
(1)
Article 8.
The Service shall have an internal competition advertised on its web
site, message boards and in the premises of the state administration
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REGULATION ON CONDUNTING INTERNAL AND PUBLIC
COMPETITIONS TO FILL VACANCIES IN THE STATE AUTHORITIES
(1)
Article 5.
In a state administration authority and Government’s service
where there are more than 100 executorial posts listed in the
staffing table, an internal competition open only to the civil servants of the concerned body shall be conducted first under the
condition that there are civil servants that actually meet the
requirement prescribed for the posts to be filled, and these civil
servants are [actually] eligible to participate in the internal competition.
If that internal competition fails or the civil service personnel records
show that no civil servant satisfies the requirements of the post to be
filled or none is eligible to participate in the internal competition, an
internal competition open to civil servant from all state authorities
and services of the Government shall be conducted.
In other state administration authorities and services of the
Government internal competitions shall be open to civil servants from
all state administration authorities and services of the Government
that satisfy the requirements to work at the given post and are eligible to participate in the competition.
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(2)
authority or Government’s service where the executorial vacancy is
positioned.
The principals of other authorities shall determine the mode of advertising their internal competitions.
Content of the Vacancy Notice
(1)
(2)
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COMPETITIONS TO FILL VACANCIES IN THE STATE AUTHORITIES
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Article 9.
The notice announcing an internal competition to fill a vacancy shall
contain: data on the [employing] authority; place of work; requirements for employment; professional qualifications [required], knowledge and skill to be assessed during the selection procedure and methods of their verification; application period; the name of the person
charged with giving information on the competition; the address to
send the application to; the date of notice; specification of documentation to be enclosed with the application; and the list of authorities
whose civil servants may participate in the competition and what
catergory of civil servants may participate as prescribed by the law.
If an internal competition is conducted in a state administration authority or a governmental service where the vacant executorial position is,
the participants in the competition shall not be required to submit documentation about the facts that the authority registers ex officio.
Application Period
(1)
(2)
Article 10.
If only civil servants from the state administration authority or governmental service where the vacant executorial position is are eligible
to apply, the application period shall last for five days from the publication of the notice.
In other cases, the application period shall last for eight days from the
advertising of the internal competition.
2. INTERNAL COMPETITION TO FILL AN APPOINTIVE POSITION
When is an Internal Competition Mandatory
(1)
(2)
Article 11.
An internal competition for filling appointive positions shall be conducted mandatorily if the Government is to fill in an appointive
position.
An authority or a body in charge of appointments shall decide on the
need to conduct an internal competition and specify eligible civil servants in other cases, unless otherwise is prescribed by a specific normative act.
Initiating an Internal Competition to fill an Appointive Position
(1)
(2)
(3)
Article 12.
If the Government is to fill an appointive position, the internal competition shall be initiated by the body in charge of proposing the candidates to the Government issuing a ruling on filling an appointive position through an internal competition, and filing the ruling with the
Service.
As for the enclosures with the ruling submitted to the Service and the
powers of the Service and the Government, the provision on filling in
a [vacant] executorial position in state administration authorities and
services of the Government under this regulation shall apply accordingly.
[All] other authorities shall not issue rulings on filling [vacant]
appointive positions by an internal competition.
Who advertises an Internal Competition to fill an Appointive
Position
(2)
Content of the Vacancy Notice and Manners of Advertising an
Internal Competition to Fill an Appointive Position. Application
Period
(1)
(2)
(3)
Article 14.
An internal vacancy notice regarding an appointive position shall
contain the same information as an internal vacancy notice to fill an
executorial vacancy, as well as the information on the job duration.
An internal vacancy notice to fill an appointive position shall be
advertise in the same manner as an internal competition to fill an
executorial vacancy.
Applications for the appointive position shall be submitted within
eight days from the advertising of the internal competition.
III. PUBLIC COMPETITION
When is a Public Competition Conducted
(1)
Article 15.
A public competition shall be mandatory in all authorities to admit an
intern.
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REGULATION ON CONDUNTING INTERNAL AND PUBLIC
COMPETITIONS TO FILL VACANCIES IN THE STATE AUTHORITIES
(1)
Article 13.
If the Government is to fill a [vacant] appointive position, the Service
shall advertise the internal competition within four days from the
receipt of the ruling on filling a vacancy by internal competition.
The authorities filling other appointive positions shall advertise their
internal competition autonomously.
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(2)
Furthermore, a public competition shall be conducted in a state
administration authority or a governmental service if an internal
competition to fill an executorial or an appointive position has failed
or, in other authorities, if an internal competition has not been conducted or has failed.
Initiation of a Public Competition in a State Administration
Authority or Service of the Government
(1)
(2)
(3)
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COMPETITIONS TO FILL VACANCIES IN THE STATE AUTHORITIES
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Article 16.
A public competition to admit an intern shall be initiated by the
Principal of a state administration authority or a governmental service issuing a ruling on hiring an intern, and submitting the ruling to
the Service.
The provisions on filling [vacant] executorial positions in state administration authorities and governmental services under this regulation
shall apply accordingly to the content of the ruling, its enclosures submitted to the Service, and the responsibilities of the Service and the
Government.
A public competition to fill an executorial position in a state administration authority or a governmental service or an appointive position
that the Government is to fill shall be initiated by the Principal of an
authority or the officer who is in charge of proposing the candidates
for appointment to the Government by giving a notice to the Service
on the failure of an internal competition.
Who Advertises a Public Competition
(1)
(2)
(3)
Article 17.
The Service shall advertise all public competitions for filling executorial positions or admittance of interns to state administration authorities and services of the Government, as well as for filling appointive
positions by the Government.
The Service shall advertise a public competition within four days from
the receipt of the ruling on engaging interns or a day following the
receipt of information on the failure of an internal competition.
Other authorities shall autonomously advertise public competitions
to fill appointive and executorial positions or to hire interns.
Manners of Advertising a Public Competition
(1)
(2)
Article 18.
Each public competition shall be advertised in “The Official Herald of
the Republic of Serbia” and a daily newspaper that is disseminated
throughout Serbia. The notice shall be also transmitted to the institution in charge of employment affairs.
The Service shall advertise a public competition on its web site with a note
on the date of the publication of the competition announcement in “The
Official Herald of the Republic of Serbia” and the application deadline.
Application Period
(1)
(2)
(3)
Article 19.
The application period related to a public competition shall begin a
day after advertising the competition in “the Official Herald of the
Republic of Serbia” and may not be shorter than fifteen days.
The principal of an authority shall set application deadlines for executorial and intern’s vacancies.
The person who is in charge of nominating candidates for appointive
positions shall set the application deadlines related to a public competition for appointive positions.
Content of a Public Competition Announcement
(2)
Evidence enclosed with the Application to a Public Competition
(1)
(2)
Article 21.
The participant in a public competition shall attach original or certified photocopies of the citizenship certificate, birth certificate, evidence of the appropriate education, evidence of work experience and
other documentation proving fulfillment of the prescribed requirements to work at the vacant position.
A civil servant who applies in a public competition shall submit the
ruling on assignment to his/her [current] position or the ruling declaring him “unassigned” in lieu for the citizenship and birth certificates.
IV. TO WHOM INTERNAL/PUBLIC COMPETITION
APPLICATIONS ARE SENT
(1)
Article 22.
Applications used in internal and/or public competitions for filling
[vacant] executorial positions and applications used in public compe-
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REGULATION ON CONDUNTING INTERNAL AND PUBLIC
COMPETITIONS TO FILL VACANCIES IN THE STATE AUTHORITIES
(1)
Article 20.
The public competition announcement shall contain information: on the
[employing] authority; the vacancy, the place of work, the requirements
for work at the given position, the required qualifications, knowledge and
skills that are going to be evaluated during the selection procedure and
modes of their verification, the application period, the name of the person charged with giving information on the competition, the address for
applications, the documentation to enclose with the application.
In addition, a public competition announcement for filling an executorial position shall contain a notice on the mandatory probation for
those establishing an employment relation with a state authority for
the first time. A public competition announcement for engagement of
interns shall contain a note on fixed-term character of the employment and its duration.
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(2)
(3)
titions for internships shall be sent to the authority wherein the
vacancy being filled is.
Applications for internal and/or public competitions to fill [vacant]
appointive positions by the Government shall be sent to the Service.
Applications for internal and/or public competition to fill [vacant] appointive
positions by another authority shall be sent to the respective authority.
V. SELECTION PROCEDURE
1. CANDIDATES CHOSEN IN THE SELECTION PROCEDURE
(1)
(2)
(3)
REGULATION ON CONDUNTING INTERNAL AND PUBLIC
COMPETITIONS TO FILL VACANCIES IN THE STATE AUTHORITIES
180
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Article 23.
Following expiration of the application period of an internal/public
competition, the Selection Panel shall review all the applications
received and documentation enclosed with and make a list of candidates to be considered in the selection process.
The selection procedure shall encompass exclusively those [candidates]
who satisfied the requirements for work at a given post and, when a
statute requires so, who are eligible to participate in a competition.
All members of the Selection Panel shall sign the list of candidates to
be considered for selection.
2. INFORMING THE CANDIDATES ON THE SELECTION PROCESS
(1)
(2)
(3)
Article 24.
At least eight days prior to the commencement of the selection process,
the candidates listed for selection shall be notified in writing thereon.
If a selection process is administered through a several stages, at the
beginning of each stage, the candidates shall be informed about the
beginning of the following one.
A candidate who has not answered the call to participate in one of selection stages shall not be invited to participate in the following ones.
3. CONDITIONALITY OF A SELECTION PROCESS ON THE CONTENT
OF AN ANNOUNCEMENT
(1)
(2)
Article 25.
In a selection process, the Selection Panel may assess only those qualifications, knowledge and skills and apply those methods of verification that have been specified in the competition announcement.
In a selection process for hiring interns, professional qualifications
may not be assessed.
4. WRITTEN EXAMINATION OF QUALIFICATIONS, KNOWLEDGE
AND SKILLS
Designing Tasks
(1)
(2)
(3)
(4)
Article 26.
Professional qualifications, knowledge and skills of the candidates
may be tested first by means of a written examination.
In such a case, the Selection Panel shall prepare three different tasks at
the earliest 24 hours prior to the written exam.
If the [employing] authority does not have experts for the fields to be
tested by means of a written examination of the qualifications,
knowledge and skills, the preparation of tasks may be entrusted to
external experts or specialized entities.
Each task shall be copied in as many copies as there are candidates,
and shall be kept in a separate sealed envelope.
Selecting Tasks. Determination of Results
(2)
(3)
(4)
5. INTERVIEWING CANDIDATES
(1)
(2)
(3)
Article 28.
The Selection Panel shall interview the candidates that have met the
selection criteria by having achieved the highest scores in the written
examination.
If no written examination has been conducted, the Selection Panel
shall interview all the candidates taken into consideration for selection.
The interviewed candidates shall be evaluated in accordance with the
prescribed selection criteria.
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REGULATION ON CONDUNTING INTERNAL AND PUBLIC
COMPETITIONS TO FILL VACANCIES IN THE STATE AUTHORITIES
(1)
Article 27.
Prior to the commencement of a written examination, a candidate
shall choose at random the task to be worked on by all the candidates.
The time [available] for working on the task may not be longer than
two hours.
While working on the task the candidates may use the texts of statutes
and other regulations only and if the task is related to their application.
The Selection Panel shall determine the results of the candidates in
accordance with the prescribed selection criteria.
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6. WHO PRESCRIBES SELECTION CRITERIA
Article 29.
The High Civil Service Council-for the state administration authorities
and services of the Government, the Supreme Court of Serbia-for the
courts, the Republic Public Prosecutor-for the prosecutors’ offices, and
bodies determined by their own acts-for other authorities shall prescribe the selection criteria.
7. SHORTLIST
Making Shortlist
(1)
(2)
(3)
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COMPETITIONS TO FILL VACANCIES IN THE STATE AUTHORITIES
182
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Article 30.
Following the interviews with the candidates, the Selection Panel
shall make the shortlist.
No more than three candidates that have met the selection criteria
with the highest scores may be listed in the shortlist.
The shortlist must contain all the data on the results the candidates
have achieved in the course of the selection process.
Delivering the Shortlist
(1)
(2)
(3)
Article 31.
In cases of competitions for filling executorial posts or engaging
interns, the Selection Panel shall deliver the shortlist to the Principal of
the [employing] authority. The Principal may conduct additional interviews with the [short-listed] candidates before selecting one of them.
In cases of competitions for filling appointive positions, the Selection
Panel shall deliver the shortlist to the person in charge of nominating
the candidates for appointment. He/she (the nominator) may conduct
additional interviews with the [short-listed] candidates before selecting one of them.
The Selection Panel shall attach the records of its activities to the
shortlist.
VI. SELECTION PANELS
Selection Panels in General
(1)
(2)
(3)
Article 32.
Selection Panels shall administer internal and public competitions.
Each Selection Panel shall consist of at least three members.
A Selection Panel shall be constituted before advertising an internal or
public competition.
(4)
As a rule, the Selection Panel that has administered an unsuccessful
internal competition shall administer the following public competition.
Designation and Composition of Selection Panels for Filling
Executorial Positions and/or Engagement of Interns
(2)
(3)
Designation and Composition of Selection Panels for Filling
Appointive Positions
(1)
(2)
Article 34.
If the Government is to fill appointive positions, the High Civil Service
Council shall, by its ruling for each vacancy, appoint members of the
Selection Panel from the Council’s membership and experts for specific fields, out of which one may be from the employing authority. The
President of the Selection Panel shall always be one of the Council’s
members.
When the appointive position being filled is in a court, the Selection
Panel shall be nominated in accordance with the act of the Supreme
Court of Serbia; in public prosecutor’s office according to the act of the
Republic Public Prosecutor; and in other state authorities according to
their acts.
Preventing Conflict of Interests
(1)
(2)
(3)
Article 35.
Having examined the applications for the internal or public competition, the President and the members of the Selection Panel must make
written declaration on whether they, or persons related to them, are
interested in a particular outcome of the competition.
The President or any other member of the Selection Panel that is
affected by the conflict of interests shall be exempted and a new
member shall be designated to substitute the exemted one.
The High Civil Service Council-for the state administration authorities
and services of the Government, the Supreme Court of Serbia-for the
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REGULATION ON CONDUNTING INTERNAL AND PUBLIC
COMPETITIONS TO FILL VACANCIES IN THE STATE AUTHORITIES
(1)
Article 33.
When an executorial position is to be filled and/or an intern is to be
engaged, the Principal of the [employing] authority shall designate
the President and the members of the Selection Panel by his/her ruling making sure that one of them is the immediate superior to the
future incumbent of the [currently] vacant position.
On the proposal by the Director of the Service, the Principal of a state
administration authority or service of the Government shall always
name a civil servant from the Service to the Selection Panel.
A Selection Panel at a court shall be designated in accordance with the
act of the Supreme Court of Serbia; a Selection Panel at a prosecutor’s
office shall be designated in accordance with the act of the Republic
Public Prosecutor; a Selection Panel at [all] other authorities shall be
designated in accordance with the respective acts of those authorities.
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courts, the Republic Public Prosecutor-for the public prosecutors’
offices, the bodies designated by their respective acts-for other authorities shall rule on what persons shall be deemed related to the
President and other members of a Selection Panel.
Activities of a Selection Panel
(1)
(2)
(3)
Article 36.
The Selection Panel shall adopt its decisions by a majority vote.
The Selection Panel shall produce records of its activities.
The Selection Panel members must keep information they gathered in
the conduct of the competition.
Support to Selection Panels
(1)
(2)
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COMPETITIONS TO FILL VACANCIES IN THE STATE AUTHORITIES
184
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Article 37.
The unit responsible for personnel affairs within the [employing]
authority shall carry out specialist and administrative tasks for the
Selection Panel.
The Service shall carry out specialist and administrative tasks for the
Selection Panel appointed by the High Civil Service Council.
VII. OVERSIGHT BY THE ADMINISTRATIVE
INSPECTORATE
(1)
(2)
Article 38.
The administrative inspectorates in all authorities shall inspect conformity of the [actual] filling of positions with the [rules of the] Bylaw
on Internal Organization and Staffing Table, and the Human
Resources Plan.
The administrative inspectorates shall also control lawful conduct of
internal and/or public competition in all authorities.
VIII. FINAL PROVISION
Article 39.
The present regulation shall enter into force on 1 July 2006.
ADMINISTRATIVE DIRECTION ON
PROFESSIONAL QUALIFICATIONS,
KNOWLEDGE AND SKILLS ASSESSED
IN THE SELECTION PROCEDURE, MODES
OF THEIR VERIFICATION AND SELECTION
CRITERIA FOR EMPLOYMENT
"OFFICIAL HERALD OF SERBIA", NO. 64/2006 AND 81/2006
II. COMMON RULES FOR FILLING EXECUTORIAL AND
APPOINTIVE POSITIONS
1. GENERAL RULES
What Knowledge and Skills are assessed?
(1)
Article 2
The professional qualifications shall be assessed by checking the
capacity of a candidate for successful work at the post of employment.
KNOWLEDGE AND SKILLS ASSESSED IN THE SELECTION PROCEDURE,
MODES OF THEIR VERIFICATION AND SELECTION CRITERIA FOR EMPLOYMENT
Article 1
This administrative direction shall prescribe the professional qualifications, knowledge and skills that are assessed in the selection procedure of
competitions for filling executorial and appointive job positions in the
ministries, special organizations, administrative authorities integrated
within the ministries, services of the Government, support services of the
administrative districts, and for filling the appointive positions of the
Republic Public Attorney, Deputy Republic Public Attorney and the Head
of an administrative district (hereafter: the authorities); modes of verifying the professional qualifications, knowledge and skills; and selection
criteria for employment.
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ADMINISTRATIVE DIRECTION ON PROFESSIONAL QUALIFICATIONS,
I. CONTENT OF THIS ADMINISTRATIVE DIRECTION
D
(2)
(3)
(4)
The knowledge shall be assessed by checking [general] knowledge
about the fields from the domain of the authority as well as the jobspecific knowledge.
The knowledge of the EU law and the knowledge of a foreign language may be verified depending on the domain of the authority
and/or the responsibilities pertinent to the specific job.
The skills of a candidate shall be assessed by checking his/her logical
and analytical reasoning, communication skills, organizational capabilities, and management and computer skills.
Modes of Verifying Professional Qualifications, Knowledge and Skills
(1)
(2)
(3)
ADMINISTRATIVE DIRECTION ON PROFESSIONAL QUALIFICATIONS,
KNOWLEDGE AND SKILLS ASSESSED IN THE SELECTION PROCEDURE,
MODES OF THEIR VERIFICATION AND SELECTION CRITERIA FOR EMPLOYMENT
186
D
Article 3
The professional qualifications, knowledge and skills may be checked
by written and/or oral (interview) examination.
Modes of verifying professional qualifications, knowledge and skills
shall depend on whether an executorial or appointive job position is
being filled, requirements for work at a specific post of employment
and other requirement deriving from the job description.
Modes of the verification may be manifold but the interview shall be
compulsory without exception.
Powers of the Selection Panel
(1)
(2)
Article 4
If an executorial position is being filled, the selection panel shall, in
cooperation with the subordinate unit of the authority i.e. the civil servant in charge of personnel affairs in the authority, independently
specify professional qualifications, knowledge and skills to be
assessed as well as the modes of their verification.
If an appointive position is being filled, the selection panel shall assess
the professional qualifications, knowledge and skills of the candidate
in accordance with this administrative direction.
2. WRITTEN EXAMINATION
Forms of Written Examination
Article 5
The forms of written examination of professional qualifications,
knowledge and skills shall be the following: a test, written paper and
simulation ("sample work").
Test
(1)
Article 6
A test may serve for assessment of professional qualifications, knowledge and assessment of skills.
(2)
(3)
If a test serves for assessment of professional qualifications and
knowledge, candidates shall answer the questions by choosing one of
several answers offered.
Except for the computer and communication skills, all other skills shall
be assessed indirectly through standardized tests prepared by competent professional associations.
Written Paper
(1)
(2)
Article 7
The written paper shall require a brief analysis and drawing conclusions about the topic assigned by the selection panel.
The selection panel shall decide on the topic and the time available for
completing the written paper in advance.
Simulation
3. INTERVIEW
(1)
(2)
(3)
(4)
Article 9
A selection panel shall also verify the professional qualifications,
knowledge and skills of a candidate by conducting an interview.
Before interviewing the candidates, the selection panel shall be
obliged to determine the information it needs about the candidates
and the questions that will be put to obtain that information.
All candidates shall be asked the same questions and in the same
order. The selection panel may ask, in the course of the interview,
additional questions if there is a need for further explanations and
information.
An interview may include simulation of a typical problem related to
the target job that the candidates are required to solve. All candidates
shall be given the same typical problem.
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KNOWLEDGE AND SKILLS ASSESSED IN THE SELECTION PROCEDURE,
MODES OF THEIR VERIFICATION AND SELECTION CRITERIA FOR EMPLOYMENT
(2)
ADMINISTRATIVE DIRECTION ON PROFESSIONAL QUALIFICATIONS,
(1)
Article 8
A simulation ("sample work) shall require solving, in writing, of a typical problem related to the target job.
A selection panel shall draw a brief description of a typical problem
and specify the time available for solving the problem in advance.
D
III. SELECTION PROCEDURE FOR FILLING
EXECUTORIAL POSITIONS
Sequence of Examination
(1)
(2)
Article 10
If in the selection procedure for filling an executorial positions the
selection panel decides to assess the professional qualifications,
knowledge and skills through written examination, the compulsory interview with the candidate shall be conducted after the examination.
A written examination may be carried out by using one or more forms
thereof prescribed by this administrative direction only.
Knowledge Test
(1)
(2)
ADMINISTRATIVE DIRECTION ON PROFESSIONAL QUALIFICATIONS,
KNOWLEDGE AND SKILLS ASSESSED IN THE SELECTION PROCEDURE,
MODES OF THEIR VERIFICATION AND SELECTION CRITERIA FOR EMPLOYMENT
188
D
Article 11
If in the selection procedure the knowledge is examined by test, the
results of the candidates shall be evaluated by establishing the percentage of the correct answers.
Only those candidates who have scored more than 50% of correct
answers may participate in the next part of the selection procedure.
Skills Test
(1)
(2)
(3)
Article 12
If in the selection procedure the skills are verified by test, there shall
be "unsatisfactory and "satisfactory" marks.
A mark must be briefly explained.
Only those candidates who have achieved a "satisfactory" mark may
participate in the next part of the selection procedure.
Written Paper and Simulation
(1)
(2)
Article 13
If written papers and simulations are used in the selection procedure
as modes of verification, each member of the selection panel shall
asses the work of a candidate with the following marks: "unsatisfactory", "partially satisfactory" and "satisfactory" according to the criteria
determined in advance by the selection panel.
Only those candidates who were assigned the "partially unsatisfactory" and/or "satisfactory" marks by all members of the selection panel
may participate in the next part of the selection procedure.
Interviews with Candidates
(1)
(2)
Article 14
The interview with a candidate shall be the final part of a selection
procedure.
Only those candidates who have during the previous parts of the selection procedure earned the right to be interviewed may be called for.
Assessment of Candidates' Oral Answers
(1)
(2)
(3)
Article 15
Each member of the selection panel shall evaluate candidates'
answers with grades ranging from 1 to 3 in accordance with the criteria that the selection panel determined in advance.
A grade 3 shall be given to a candidate who fully satisfies the professional qualifications, knowledge and communication skills requirements for the selection to the target job (hereinafter: the selection criteria). A grade 2 shall be given to a candidate who partially satisfies
the selection criteria. A grade 1 shall be given to a candidate who does
not satisfy the selection criteria.
The candidates' results shall be established by calculating the average
grade. The average grade shall be calculated only for the candidates
who have been assigned either grade 2 or 3 by each member of the
selection panel.
Short-listing the Candidates
Article 16
A maximum of three candidates who have achieved the best result at
the interview shall be put on the shortlist for selection.
(2)
IV. SELECTION PROCEDURE FOR FILLING
APPOINTIVE POSITIONS
Content of Job Applications
(1)
Article 18
The content of job applications shall be assessed during the selection
procedure for filling an appointive position as well.
189
KNOWLEDGE AND SKILLS ASSESSED IN THE SELECTION PROCEDURE,
MODES OF THEIR VERIFICATION AND SELECTION CRITERIA FOR EMPLOYMENT
(1)
Article 17
If several candidates have achieved identical results, precedence of
being placed on the short list shall be given to those who achieved the
best results at a written examination of knowledge and professional
qualifications (first additional criteria). If following the application of
the previous provision the selection panel fails to determine all three
candidates, the precedence shall be given to those with best results
from the skills test (second additional criteria).
If the selection panel is still not able to shortlist three candidates with
the best results, the panel shall again interview the candidates who
following the application of the first or the second additional criteria
have retained prospects for short-listing. The selection panel shall act
in the said manner until it short-lists those candidates whose results
best match the job requirements.
ADMINISTRATIVE DIRECTION ON PROFESSIONAL QUALIFICATIONS,
If Several Candidates have achieved identical Results
D
(2)
A job application shall contain the following: name and surname of
the candidate, date and place of birth, residence address, information
on educational background, information on the type and duration of
work experience with a brief description of the tasks the candidate
performed and his/her responsibilities before filing the job application and level of responsibility in relation to these tasks, information
on professional training and information on special fields of knowledge [possessed].
What Knowledge and Skills are assessed?
(1)
(2)
ADMINISTRATIVE DIRECTION ON PROFESSIONAL QUALIFICATIONS,
KNOWLEDGE AND SKILLS ASSESSED IN THE SELECTION PROCEDURE,
MODES OF THEIR VERIFICATION AND SELECTION CRITERIA FOR EMPLOYMENT
190
D
(3)
(4)
Article 19
The knowledge of fields from the domain of the authority and the
knowledge of EU law shall be verified in the selection procedure for
the following appointive positions: the director of a special organization, the deputy director of a special organization, the director of an
authority integrated within a ministry, the director of a governmental
service, the deputy director of a governmental service, the Republic
Public Attorney and the Deputy Republic Public Attorney.
The job-specific knowledge and the knowledge of EU law relevant for
the target job shall be verified for the remaining appointive positions.
The skills of logical and analytical reasoning, communication skills,
organizational capabilities and management skills shall be verified for
all appointive positions.
[In addition,] the bylaw on internal organization and staffing table of
the authority may stipulate examination of other knowledge and
skills for particular appointive positions.
Verification of Knowledge and Professional Qualifications
(1)
(2)
(3)
(4)
Article 20
The knowledge, professional qualifications and communication skills
of candidates shall be verified by examination of information from
the job application and by questions orally posed to the candidates (an
interview).
Each member of the selection panel shall evaluate information contained in the job applications and candidates' answers with grades
ranging from 1 to 3 according to the criteria that the selection panel
has determined in advance.
A grade 3 shall be given to the candidates who fully satisfy the selection criteria; a grade 2 shall be given the candidates who partially satisfy the selection criteria; a grade 1 shall be given to the candidates
who do not satisfy the selection criteria.
Candidates' results shall be established by calculating the average
grade. The average grade shall be calculated only for the candidates
who have been assigned either grade 2 or 3 by each member of the
selection panel.
Verification of Skills
(1)
(2)
(3)
Article 21
Skills of logical and analytical reasoning, management skills and organizational capabilities of only those candidates who have their average grades
following an interview computed shall be verified indirectly through the
standardized tests determined by the High Civil Service Council.
Following the interpretation of achievements indicated at the test,
each candidate shall be assigned either an "unsatisfactory" or "satisfactory" mark.
The "satisfactory" mark shall be given to a candidate who has
achieved average results at the test.
A mark must be briefly explained.
Short-listing the Candidates
Article 22
A maximum of three candidates who achieved the best result at the
interview shall be put on the shortlist for selection.
If Several Candidates have achieved identical Results
(1)
(2)
Article 23a
A member of the selection panel who does not come from the state
administration authorities or services of the Government or is not a
member of the High Civil Service Council shall have the right to remuneration for his/her work in a selection panel in the amount of 15,000
dinars for each competition conducted.
The Human Resource Management Service shall provide for the remuneration.
V. ENTRY OF THE ADMINISTRATIVE DIRECTION INTO
FORCE
Article 24
This administrative direction shall enter into force a day after its publication in "The Official Herald of the Republic of Serbia".
KNOWLEDGE AND SKILLS ASSESSED IN THE SELECTION PROCEDURE,
MODES OF THEIR VERIFICATION AND SELECTION CRITERIA FOR EMPLOYMENT
(2)
191
ADMINISTRATIVE DIRECTION ON PROFESSIONAL QUALIFICATIONS,
(1)
Article 23
If several candidates have achieved identical results, the selection
panel shall examine knowledge and professional qualifications of
these candidates through additional interviews until it finds the candidates whose results best match the job requirements.
Finally, the selection panel shall shortlist three candidates and furnish
the list with accompanying explanation to the Principal i.e. other person in charge of proposing to the Government the candidate for the
appointment to the position.
D