Specifics of the employment process in the public sector

• Author: Raluca Dimitriu
• Position: The Bucharest University of Economic Studies, Department of Law
• Pages: 18-29

18 Volume 2, Issue 1, December 2011 Juridical Tribune

Specifics of the employment process in the public sector

Professor Ph.D. Raluca DIMITRIU1

Abstract

The la bour legisla tion applica ble in public sector is very different from the one

applica ble in private sector. Unlike the private sector where the market is the most efficient

regulator and sanctions all errors made by the assessor, in the public sector there isn’t

always a feed-back from the economic realities that may prove the accura cy and the

efficiency of the assessment. Consequently, the la w goes further on an d imposes

requirements, dea dlines and procedures. While the private sector enjoys a ce rtain flexibility

regar ding the assessment of the staff, in order to adjust it to the requirements of the

economic realities, in the public sector , flexibility can lead to manifestations of subjectivism

and arbitr ariness. On the other hand, the excessive a mount of regula tions applica ble in

public sector may provide versatile a nd even contra dictory results.

Keywords: Labour la w, public sector, r ecruitment, promotion.

JEL Classification: K31

1. Preliminary considerations

In the public sector, the regulations governing the labour relations

practically „dub” the Labour Code as the labour legislation in the public sector

does not coincide with the legislation in the private sector. The main specifics of

the public sector labour regulations are:

 very accurate and detailed provisions. Since market performance (the

most useful assessment criterion) does not apply in the public sector,

manifestations of subjectivism of the heads of public institutions are most likely to

appear. Consequently, regulations are stricter in order to hinder these

manifestations;

 limited individual negotiation. In the case of public servants who do

not conclude a labour agreement, individual negotiation is excluded; they are

appointed under a unilateral administrative act. In the case of the staff hired under

agreement, negotiation is extremely limited. Consequently, rules are also detailed

in their case;

 limited collective negotiation. Both the collective labour agreements

concluded by the staff hired under labour contracts and the collective labour

agreements concluded between institutions and public servants have a very limited

margin since they can only stipulate the rights of the employees within the limits

stipulated by the legislation in force for their category of staff.

1 Raluca Dimitriu - The Bucharest University of Economic Studies, Department of Law,

raluca.dimitriu@cig.ase.ro