O presente estudo enfoca o tema da negociação coletiva de trabalho no serviço público, afirmando a necessidade de sua efetivação no Brasil. Efetua-se a explanação sobre os conflitos coletivos de trabalho e as dificuldades de trilhar caminhos mais democráticos para a solução desses conflitos, que se prolongam, com prejuízo para a administração, os servidores públicos e principalmente para os cidadãos. Examina-se a resistência à adoção da negociação coletiva no setor público, em solo pátrio, propiciada pela construção dogmática e elaboração jurisprudencial de que a supremacia do interesse público e a obediência ao princípio da legalidade conflitam com o procedimento democrático da negociação. Enfoca-se o debate jurídico mais recente, com as alterações trazidas pela Emenda Constitucional n. 45/2004. Cuida-se da negociação coletiva como direito fundamental no trabalho, discorre-se sobre o papel do Estado na sua sustentação e na tutela da liberdade sindical, com foco nas normas internacionais vigentes, e explana-se sobre os princípios intrínsecos à negociação coletiva em geral, constantes da doutrina estrangeira e nacional. Trata-se da negociação coletiva de trabalho no serviço público...
A noção de serviço público, desde sua incorporação ao direito brasileiro, na primeira metade do século XX, sofreu profundas alterações. A atividade privativa do Estado, destinada à satisfação de necessidades coletivas e sujeita a um regime jurídico especial de direito público passa a ser questionada e desafiada por uma lógica de mercado cada vez mais crescente da qual decorre um anseio cada vez maior pela abertura dos mercados e pela eliminação de monopólios e privilégios. O serviço público como atividade exclusivamente estatal tem que ser revisto. Contudo, não tem que ser revisto para sua extinção. Tem que sê-lo para sua adequação, a qual deve ser empreendida em face do atual conteúdo da Constituição Federal de 1988. Na esteira do constitucionalismo da segunda metade do século XX, a carta constitucional brasileira foi farta na criação de direitos aos cidadãos. Nessa óptica, assegurou o direito fundamental da livre iniciativa e instituiu o princípio constitucional da livre concorrência, o que não pode passar despercebido no processo de revisão dos serviços públicos. O acesso de particulares às atividades constituídas como serviços públicos passa a ser cada vez mais constante, sob o pálio dos mais diversos regimes e instrumentos jurídicos. Como resultado...
Ao longo dos últimos 20 anos, o modelo de concessão de serviço público no Brasil, tem evoluído consideravelmente, com destaque para o setor elétrico, e especialmente o segmento de transmissão de energia elétrica. O arcabouço normativo vigente tem buscado garantir a prestação adequada do serviço mediante a avaliação de desempenho do serviço prestado, por empresas públicas ou privadas, numa visão da qualidade do produto e da continuidade ou disponibilidade do serviço para o usuário. Concomitantemente, surgiu e desenvolveu-se rápida e globalmente, o conceito de sustentabilidade, no qual o desenvolvimento sustentável deve satisfazer as necessidades da geração atual, sem que se comprometam as necessidades das gerações futuras (World Comission on Environment and Development WCED), compreendendo essencialmente as três dimensões econômica, social e ambiental (conceito de Triple Bottom Line 3BL), permitindo a captura do impacto das atividades das empresas e organizações por meio de indicadores definidos para cada uma das três dimensões. Ainda, nesse contexto, desenvolveu-se as novas técnicas de planejamento estratégico e de gestão de desempenho, baseados em indicadores, com destaque para a Teoria das Partes Interessadas (Stakeholders). Adicionalmente...
Decentralization holds a lot of promise,
but whether it improves public service delivery depends on
the institutional arrangements governing its implementation.
Several conditions must be met before the full benefits of
decentralization can be reaped. First, for decentralization
to increase allocative and productive efficiency, local
governments need to have the authority to respond to local
demand as well as adequate mechanisms for accountability.
Because granting authority without accountability can lead
to corruption and lower productive efficiency,
decentralization needs to be accompanied by reforms that
increase the transparency and accountability of local
government. Second, functions need to be devolved to a low
enough level of government for allocative efficiency to
increase as a result of decentralization. Low-level
governments are likely to be aware of local preferences and,
if able to do so, are likely to adjust service delivery
accordingly. Third, citizens should have channels to
communicate their preferences and get their voices heard in
local governments. But the existence of such channels is not
enough. To effectively influence public policies and oversee
This note focuses on some of the key
problems confronting the civil and public service in the
Democratic Republic of Congo (DRC), in particular the reform
of the wage system and the impact of the decentralization
process on civil service reform. It was produced by the
World Bank in collaboration with the ministries of public
service and budget, as well as with experts of the
Cooperation Technique Belge (CTB). The paper is based on an
in-depth analysis of the Congolese public service system,
published in a separate note, as well as on a series of
analytical papers on the decentralization process in DRC,
which are available separately. It also incorporates
feed-back and comments received during a presentation at the
National Forum on Decentralization that was held in
Kinshasa, October 3-5, 2007. This analytical paper offers
several options aimed at solving the problems that have been
identified and discusses in detail the three issues relating
to the current reform agenda that are now the key to
resolving the fundamental issues below: 1. the impact of the
decentralization process on the organization and management
of the civil service; 2. the reform of the wage system and...
Public Service Reform is a planned intervention to raise the level of public service performance. It must have carefully defined goals and a strategy to attain those goals. The ultimate aim of Public Service Reform in Kiribati is to see remarkable improvements in public service outputs, such as more effective and responsive services delivery.; no
This report considers the changes in the size and composition of the Australian Public Service (APS) during the Coalition government 1996-2001 as an example of whole of government policy implementation. The report explores whether the Coalition government has successfully implemented its APS policy by addressing the following questions. How has the Coalition changed the APS? Do these changes reflect Coalition policy and goals? How do these changes relate to APS outcomes under previous Labor governments? The report describes the Howard government’s vision for the APS and, through a critical consideration of its policy statements on the APS (media releases, speeches, parliamentary debate and legislation), distils the outcomes and five measurable outputs sought by the Coalition, namely to: * decrease the role of unions in the APS * decrease the size of the APS * decrease the reliance on ongoing staff in the APS * increase labour market access to APS employment * increase staff mobility within the APS. Using statistical data on the APS (from the Public Service and Merit Protection Commission and the Australian Bureau of Statistics), the report concludes that the Coalition has succeeded in achieving the first four outputs, but has been less successful in achieving the fifth output...
The Singapore Public Service, acknowledged internationally as highly-efficient and one of the least corrupt in the world, has often been overlooked by literature. Yet, the strategic vision and political leadership of founding Prime Minister Lee Kuan Yew and his People’s Action Party government, often attributed for Singapore’s success, still needed to be translated into practicable policies and implemented into programmes by the bureaucracy. A comprehensive examination into the role of the bureaucracy in Singapore’s modernisation is beyond the constraints of this doctoral thesis. This study, using archival research and oral interviews to construct an administrative history of executive development and training in the Singapore Public Service, plugs a gap in the literature and lays the foundation for a future holistic examination of the Singapore bureaucracy. This thesis argues that the Singapore Public Service used executive development training and as a medium of change to introduce reforms across the bureaucracy. In so doing, the bureaucracy was able to constantly adjust itself to help modernise Singapore. In the 40 years between decolonisation in 1959 and 2001, when the training arm of the Singapore bureaucracy became a statutory board...
588 p; Career services with recruitment at the
bottom, security of tenure and safeguards against
outside recruitment had been more or less established
in Victoria and New South Wales before the end of the
last century and the Commonwealth service took over
these traditions. Under the strong control of a
single Commissioner the efficiency of officers was
judged by examinations and the reports of inspectors
but procedural difficulties and central control
irritated permanent heads. At the same time public
service associations, grown strong after gaining access to the Arbitration Court were demanding promotion appeal rights. On the recommendation of McLachlan in his Royal Commission Report, promotion power was transferred to permanent heads in the new Public Service Act of 1924 while the new Board (which replaced the Commissioner) determined promotion appeals of officers through the enquiries of Inspectors. The new Board also devised a classification of narrow salary ranges. Under the new system departments like the P.M.G's formulated their promotion procedures. But the depression greatly reduced promotion opportunity and returned soldiers were flooding the Commonwealth service under statutory preferences. The associations agitated for an appeal committee system instead of inspectorial enquiry in promotion appeals.
During all these years Victoria had a single
Commissioner but Ministerial control of service economy reduced his powers in practice and promotion opportunity was very low. New South Wales started with a strong Board and the Allard Royal Commission recommendations in 1918 made it stronger. Both state services suffered as much as the Commonwealth service during the depression.
The second world war showed up the need for
a new type of official leader ship and strengthened the service associations who won some of their demands.
In the Commonwealth service...
This paper examines issues related to voluntary redundancy by investigating the outcomes for Commonwealth public servants who have taken voluntary redundancy. It includes a survey of a small sample of public servants who took voluntary redundancy in 1996 as part of the downsizing of the Australian Public Service by the newly elected Coalition government (40 respondents in total). Contrary to some expectations, women public servants did not show a greater propensity to take voluntary redundancy than men. The more significant trend related to classification and seniority, with the proportion of voluntary redundancies being higher in the ASO 5 classification and above. A significant number of retrenchees had withdrawn from the workforce, either on a temporary of permanent basis. Of those continuing in the workforce, most (around four out of five) had found employment. The effect on people's personal and family lives had been generally positive, even though, in most cases, family income was reduced and less secure.; no
The body of the thesis is divided into three parts: overview and clarification of theoretical issues - chapter 1, 2 and 3; some developments in the Australian Public Servie (APS) labour process since 1945 - chapters 4 and 5; public service employee organisation, chapter 6.
Chapter 1 provides an outline of the empirical scope of the thesis and a statistical overview of state employment in Australia.
Chapter 2 considers marxist theories which have a bearing on the questions in hand. Therborn’s 1978 essay “Dictatorship of the Proletariat and the Class character of the State Apparatus” which directly addresses the central concerns of the thesis is examined. It is criticised for its inadequate understanding of the distinction between state and civil society, shared by many other marxist analyses, which leads to a replacement of concepts of historical materialism by those of orthodox social science, when the internal structure of the state is being analysed. The critique of Therborn leads to the conclusion that the nature of class relations within the state must be the basis for further analysis of the state’s internal structure. These class relations are explored by taking up the debate on the "new middle class", initiated by Poulantzas. He maintains that state employees are members of the new petty bourgeoisie rather than proletarian...
The Australian Commission for Law Enforcement Integrity (ACLEI) is premised on the
assumption that the AFP oversees all corruption investigations concerning law
enforcement in the Australian Public Service (APS). This premise is reflected in the
limitation of ACLEI's jurisdiction to the AFP and the ACC, as well as in its modest
resources of 9 employees and a budget of 2 million dollars per annum.
The assumption leading to the creating of ACLEI, however, is challenged by three interrelated
principles that underlie the Commonwealth anti-corruption framework. First,
corruption is not viewed by the APS as an independent offence in itself but is actually
subsumed in the Commonwealth definition of fraud. This finding leads to the second
point, that the predominate means of gathering information regarding corruption,
especially regarding the limited class of law enforcement corruption in the APS, is
through administrative review methods such as internal auditing, Australian Nation Audit
Office performance reviews, and the Commonwealth Ombudsman. Consequently,
understanding corruption oversight is as much about gaining accurate information from
the APS' administrative review systems as it is about the process of the criminal law
Corruption has experienced increased attention in recent years, spurred in part by an
increasingly globalised market place. In particular, bribery of foreign public officials
has become an important issue for governments, civil society and the private sector
Bribery in international transactions exists to the detriment of domestic economies
and the international trading environment. Bribery impedes economic growth,
undermines governing institutions, and results in ineffective administrative
institutions, reduced citizen welfare and environmental degradation. The increased
risk and expense created by bribery in international transactions also hampers the
efficiency and economic development accorded by international trade liberalisation
Bribery is a result of opportunities for economic rents, high levels of discretionary
powers, inadequate transparency and a lack of accountability for both multinational
firms and public officials. Bribery is therefore controlled by effective governance.
Governance involves the integration of proactive and enforcing measures in
governing institutions to foster integrity, increase transparency and enhance
accountability. This report examine s governance of the institutions of public officials...
The Australian Public Service and the Modern Discourse.
Since the development of Western government in Australia, policymakers
have struggled with how to interact with Indigenous Australians. The first
discourses that framed policy concerned separation, and later segregation,
between Indigenous and non-Indigenous Australians. Over time, these
discourses have evolved into the modern discourse of equality, where
Indigenous and non-Indigenous Australians are to be considered equal
members of a greater Australian society.
Since the development of the modern discourse in the late 1960s and
early 1970s, the employment of Indigenous Australians in the Australian
Public Service (APS) has been an important part of federal policy. As the
public employer of the Commonwealth, the APS represents to many
people the country's commitment to achieving its goals for Indigenous
Australians. Diversity, employment, and service delivery are all key goals,
and each is greatly influenced by the modern discourse.
Challenges to Realizing the Goals of the Modern Discourse.
One of the most pressing challenges to the Commonwealth's goals is
historical employment disadvantage among Indigenous Australians.
Indigenous unemployment is at least around 40 percent (SCRGSP 2005...
This report discusses the contours of a
possible strategic direction, the necessary basic
institutional set up for implementation, and key reform
policy options to be tackled in order to complete the
foundations of the decentralization reform initiated in
2001. Croatia is still a highly centralized country in terms
of decision making on public service financing and delivery,
as compared to most of the new European Union members. One
indicator is that the sub-national Government's budget
still corresponds to five percent of GDP, while in the newly
accessed countries it was about eight percent on average in
their immediate pre-accession phase. The Government of
Croatia is conscious about the critical importance of
improving citizens' voice, transparency and
accountability on public affairs, especially on matters of
local interest, in order to increase efficiency on public
service delivery and rapidly converge to European Union
standards on a sustainable basis. The Government started its
decentralization reforms in July 2001...
The purpose of the baseline assessment
is to provide baseline information on women access to public
services, especially health, water, and population
administration services. One of the objectives of
decentralization is to improve the efficiency,
effectiveness, quality, equity, accessibility, and
responsiveness of public service delivery. Local governments
in Indonesia still face a variety of barriers in addressing
and improving public services and the welfare status and
quality of life of the population. The assessment is
intended to develop baseline information on women's
accessibility to selected public services in Sumedang,
Majalengka and Bandung Barat in the Province of West Java.
One objective of decentralization is to
improve the efficiency, effectiveness, quality, equity,
accessibility, and responsiveness of public service
delivery. But up to now, various service pictures show how
women have more limited access to good public services.
Maternal, infant, and children under 5 mortality rates in
Indonesia are among the highest in South East Asia region.
There are 307 maternal deaths per 1000 births, due to any
birth complications. It means that two mother die every two
hours. There are 46 children of 1000 children die before
they celebrate their 5th birthday. It means that 225,000
children die every year, and 25 children under 5 die every
hour. Management Strengthening and Institution Building for
Local Public Service and Providers (MSIB-LPSP) is program
that having purpose to improve institutional management of
population/ civil administration service at Serang District,
of water service and of public hospital health service at
Cilegon city. To make MSIB-LPSP program brings improvement
on gender equality in accessing public service...
Using data from the 2010 Life in
Transition Survey, this paper examines the levels of
citizens' satisfaction with public service delivery in
Europe and Central Asia and identifies some factors that may
help explain variation in utilization and levels of
satisfaction with service delivery. It finds satisfaction
with public service delivery in Europe and Central Asia to
be relatively high, and, despite the adverse economic and
social impact of the recent global economic crisis, to have
risen since 2006 in most countries in the region. However,
the level of satisfaction with public service delivery in
Eastern European and Central Asian countries in 2010 remains
lower than in Western European comparator countries.
Although the Life in Transition Survey does not provide
specific objective measures of service delivery quality and
efficiency, the data provide three important clues that may
help explain why satisfaction is lower in transition
countries than in western comparators: (i) relatively higher
utilization of public services in Eastern European and
Central Asian countries...
The "Public Service Unit" (PSU), or shiye danwei, is one of the four categories of public sector institutions in China. The country has more than one million public service units (PSUs), or shiye danwei, with a labor force of around 30 million. Most PSUs were created as public service providers. Non-state involvement in service delivery remains limited in China today. PSU performance is therefore crucial for improving service delivery in the public sector to a level commensurate with China's stated goals of a "well-off"(xiaokang) society, and "people-centered" development. The study, designed to develop an overall strategy for PSU reform in China, draws on systematic analysis of the current situation, and critical assessments of international experience with public services reform. Realizing the diversity and complexity of the PSU sector, and the critical importance of sector - and region - specific constraints, the study concentrates on a range of important cross-cutting themes based on case studies of three key sectors: education, health, and agriculture extension services. It is intended to contribute to the development of a PSU reform strategy by: a) providing an alternative thinking that may help policymakers consider the various issues involved in the development of PSU reform strategy; and...
When seeking a public service, users may
be required to pay in bribes more than the official price.
Consequently, some users may be discouraged and choose not
to seek a service due to the higher price imposed by the
bribery "tax." This paper explores the price and
quantity components of the relationship between governance
and service delivery using micro-level survey data. The
authors construct new measures of governance using data from
users of public services from 13 government agencies in
Peru. For some basic services, low-income users pay a
larger share of their income than wealthier ones do; that
is, the bribery tax is regressive. Where there are
substitute private providers, low-income users appear to be
discouraged more often and not to seek basic services.
Thus, bribery may penalize poorer users twice - acting as a
regressive tax and discouraging access to basic services.
The paper explores the characteristics of households seeking
public services. Higher education and age are associated
with higher probability of being discouraged. Trust in state
institutions decreases the probability of being discouraged...