In Russia, public service posts are replaced by about 1.5 million people. The professional activities of such citizens are regulated by Law 79-FZ "On the State Civil Service in the Russian Federation." The main provisions of this normative act will be considered in our article. Particular attention will be paid to guarantees provided to public servants - elements of legal and social protection.
Russian public service
The Russian government is divided into three branches: legislative, executive and judicial. Each branch includes certain bodies, which can be federal (central) or regional. Persons holding positions in these bodies carry out public civil service.
Officials are guided by certain legal sources. An important place here is occupied by Federal Law 79-FZ "On the State Civil Service". It enshrines the basic principles and conditions of work in power. For example, article 4 of the law lists the main ideas that should guide public servants. This is the rule of law, professionalism, competence, as well as focus on protecting the rights and freedoms of people.
The law defines options for the formation of the relationship between civil and public service. Employment conditions and obligations, seniority, and government guarantees should be taken into account.
The concept of civil servant
In the law, the concepts of state and civil servants are identical. At the same time, public service is part of the civilian sphere. Workers in its composition should be Russians who have committed themselves to the implementation of contract civil service. The monetary maintenance of workers is provided at the expense of the federal or regional budget.
A civil servant of the Russian Federation has certain rights. According to article 14 of the Law, this includes remuneration of labor, the right to rest, to familiarize oneself with the regulations and ensure safety, the right to protect information and to join trade unions, and much more.
The employee has a number of important responsibilities. Here it is necessary to highlight compliance with Russian laws and regulations on the official schedule, the performance of labor functions in accordance with the regulations, the execution of the legitimate orders of the head, the preservation of state secrets and respect for state property. The number of professional duties will depend on the type of authority in which the civil servant works.
There are many restrictions in the work of a civil servant. For example, to get a certain post, you must have legal capacity. Some positions cannot be entered without a higher education diploma. Official subordination to related persons and the presence of a second citizenship are prohibited.
Joining the service
Each capable citizen of the Russian Federation has the right to enter the state civil service. He must meet certain qualification requirements, including knowledge of the Russian language and the absence of a second citizenship.
The citizen enters the service on a competitive basis. The professional level of candidates for power is estimated. If the results of the audit show that knowledge and experience match the established requirements, then the citizen will be accepted into the service.
The level of knowledge and experience is assessed by a competitive commission, which includes civil servants from scientific and expert units. When forming the composition of the commission, possible cases of conflict of interest are taken into account. An applicant dissatisfied with the competition has the opportunity to appeal the composition of the commission.
In exceptional cases, it is possible to take up a public post without holding a competition. This is the conclusion of a fixed-term labor contract, the appointment of a citizen included in the personnel reserve, as well as empowerment in the categories of "managers" and "assistants". The competition may not be held when appointing a citizen to a service that is not related to state secrets.
Civil Service Positions
Public service in the Russian Federation requires a certain number of posts. All posts are established by presidential decrees or federal laws. Article 9 of the law in question provides a list of key posts in the public service.
The first and highest category are managers. They exercise authority to control state bodies or their structural units. Leaders have their deputies. Their replacement of their posts is possible only for a certain period.
The second group of posts includes assistants or advisers. Their main task is to assist managers. The advisers are subordinate to the experts. These are persons whose tasks include professional support for the work of state bodies. Specialists are providing, that is, obliged to replace authority in a particular area. This may be informatization, work with documentation, financial and economic environment and much more.
Leaders and advisers are divided into three groups of civil positions: senior, main and leading. Specialists are divided into higher, main, leading and senior. Provisioning specialists can be leading, leading, senior and junior.
All of these experts are united by the availability of guarantees provided by the state. Civil servants in the public sphere have certain rights that are legally backed up and separate. Warranties in the civil service will be described later.
Basic government guarantees for civil servants
A state will be strong and manageable only if it takes good care of its officials. This principle was established by Niccolo Machiavelli, the Italian Renaissance philosopher. The service of officials has its own costs, which must be compensated in a timely manner. The way the Russian Federation deals with this can be seen in the example of the law on public service.
What is a state guarantee? This is a way to reimburse various restrictions and costs. During the course of the service, officials are often presented with prohibitions and requirements. Workers have certain difficulties, which must be compensated by benefits and advantages. Chapter II of FZ-79 of 2004 lists the main types of compensation, which are official guarantees. An explanation is given of why guarantees are needed:
In order to ensure legal and social protection of civil servants, increase motivation for their effective performance of their duties, strengthen the stability of the professional composition of civil service personnel and compensate for the restrictions established by this Federal Law (Article 52 No. 79-FZ of July 27, 2004).
State guarantees of civil servants are basic and additional. The first group of compensations is applied to all employees, and the second - to regional employees or employees of individual government bodies. The purpose of the guarantees used is to ensure the social and legal protection of workers in power. Workers increase professional motivation. Corruption manifestations gradually disappear, the personnel reserve is being strengthened.
So what are the guarantees for public servants? Let us turn to the norms of the law.
Service Order
The labor conditions of a state employee are recorded in a service contract. The worker is guaranteed basic rights, including favorable organizational, technical, environmental and other conditions of service. All this is necessary for the high-quality performance of official duties.
The optimal order of service is a social guarantee provided by a state civil servant. Labor standards are enshrined in safety instructions, daily routines, an employment contract, and other documents.
The labor code contains a considerable number of norms on the organization of work activities. However, no less attention is paid to the phenomenon of rest. Temporary work boundaries have been established, holidays and non-working days have been allocated, conditions for annual vacations have been provided. Officials work no more than 40 hours a week with a five-day service: just like the rest of the citizens. For leading, senior and junior posts, leave is 30 days, for senior and senior - 35 days. Major job groups are entitled to an additional vacation of up to 10 days.
Thus, the social guarantees of the activities of public servants are not much different from the guarantees for other working Russians. However, you should take a look at insurance issues.
Insurance
Each employer is obligated to provide social insurance for its employees. This also applies to relations between government bodies and officials. Guarantees include the following insurance elements:
- accidents and occupational diseases;
- unemployment;
- pension provision;
- disability;
- medical service.
A public servant and members of his family are entitled to health insurance. Such a guarantee remains after the employee retires. Medical insurance includes sanatorium, spa and medical services. At the same time, the level and quality of services is not the same and depends only on the capabilities of federal or regional authorities.
The insurance procedure is determined by relevant regulations. A special contract is concluded between the employer and employees, according to which the employer is obliged to transfer data on workers to the insurance company.
Salary
The Russian Labor Code sets forth the rule on equal pay for work of equal value. This is the most important democratic principle that was proclaimed in 1948 by the Declaration of Human Rights. Service in government is different. Salary also depends on the skill level. At the same time, the principle of matching remuneration and the specifics of labor remains: the salary of officials of the same rank is equivalent.
Terms of remuneration are specified in the service contract. The class rank, qualification, the number of hours worked and other elements are taken into account. The law does not allow unreasonable and markedly different financial content of the same public servants.
State guarantees in the economic sphere are also associated with the constant stimulation of workers. The financial support of officials is not only a means of material support, but also a motivation to develop professional activities. There is no better motivation than raising salaries. In 2018, civil servants will increase their salaries by about 4%.
Additional payments are also classified as economic guarantees. For example, for service over 15 years, officials receive a bonus of 30% of the salary, and for special achievements - 200% of the salary. There are special benefits for regional employees.
Cost recovery
Reimbursement of labor costs should not be confused with the provision of compensation. If an employee unexpectedly lost something in the course of his labor activity, the question will arise about compensation. Reimbursement of expenses is realized, as a rule, in advance. A common example is business trips. Civil servants often have to travel to another part of the country or even abroad. For this they spend a considerable part of the funds from their own pockets. According to the presidential decree "On the procedure and conditions for the secondment of public servants," the employer in the person of the state guarantees his employee the reimbursement of the following expenses:
- additional expenses (for food, medicine, etc.);
- finance for housing;
- medical care, vehicle rental, payment for certain services;
- travel expenses to the place of business trip and on the way back.
At the same time, payment of the full salary to the employee is retained. Indexing is taken into account: there is an increase in the salary of civil servants in 2018 or at any other time.
Officials are entitled to additional state guarantees. Citizens serving the state must fly on a first-class ticket or ride a fast train in a two-seater "SV" category compartment. In addition, officials are entitled to a double hotel room of a luxury class.
When traveling public servants abroad, the following types of expenses are reimbursed:
- compulsory health insurance;
- aerodrome and consular fees;
- visa, passport and other documentation;
- vehicle transit.
Some officials on the orders of superiors may be transferred to service in another body. At the same time, the legal status of a civil servant is retained. In this case, guarantees of reimbursement of expenses are connected with payment for travel and arrangement at a new place of residence.
Retirement benefits
The group of legal and economic guarantees of civil servants includes pension provision. Federal officials are eligible for retirement benefits after 15 years of work. The following reasons are considered:
- dismissal from service at will;
- liquidation of a federal authority;
- reaching the age limit (65 years);
- dismissal by order of management;
- dismissal due to mismatch of the position or due to inadequate health.
The total pension of civil servants does not exceed 75% of the average monthly income received. 45% of the salary is received by officials whose working experience is 15 years. For each worked year, a bonus of 3% is applied over the length of service.
The last group of guarantees, which the law states, is related to the protection of officials from threats, violence and other illegal actions. The level of security provided directly depends on the qualifications of the employee. The guarantee of protection against illegal acts is a new measure. Accordingly, the methods and procedure for protection are established by the court, because the relevant norms are not yet spelled out in the law.