Civil Service Law
number 18 For the year 2015
Any law public office precise balance between the public interest and the attachment point of the interests of the administration on the one hand, as well as based on employee rights and the need for protection in the face of odds predominance point of management and arbitrariness in the use of its powers on the other hand.
The public service law often reflects the policy of the state; if I took it upon themselves to ensure the delivery of public services to its citizens (Education, health, security and the provision of electricity and potable water transportation, .. etc) They rely on greater administrative body than if it wants to withdraw from its role as service provider, was quoted that task to the private sector, then back down the need for a large administrative apparatus.
Usually the country are experiencing their people in poverty need for the State to provide public services at a fair price while to improve the incomes of citizens; otherwise left them in front of the private sector does not know the only profit maximization increase the value of service in the face of consumers do not have value.
And then deprive the broad categories of the most basic services, such as health and education and to provide a reasonable means of transport.. As it is happening in our country.
And it expresses the Public Service Act for policy supplemented by what the Mubarak regime since 1989 When privatization began under the title “Expand the ownership base” Then I moved to dispel state ownership by selling the cheapest prices for investors adventurers; so that the state has lost its capacity in many areas to provide the service, including, for example, freight transport service, which eventually become full, however, the private sector, which is reflected in the increase in the price of goods transported due to private sector control the price of transport and lifting the greater the energy bill (Diesel and gasoline).
As well as the models can be seen in the breakdown of sugar and flour prices after squandering state industrial assets as companies Winning Sugar Industries (Aldta Sugar Company model) Or grinders companies.
Agree with the policy of the state give up its role in the provision of services to the people demobilization of factory workers and the companies that were sold, and its failure to appointment in the administrative apparatus with a view to the fullest extent decreased. Today it completed the same system to fortify the privatization contracts of any appeal (A law passed in the interim president) And to provide legislative cover to get rid of sizes larger than the state employees and the rest of the public business sector.
I will shed light on some of the provisions in this law, which is not enough to address the provisions of article.
(1)
The first paradox that predict the orientation of the legislation demonstrates the title “Civil Service Law” In exchange law, which abolished the title of a “Civilian personnel system state law”. The first regulates the service, while the second defines the rights and duties of the employee, which was expressing protectionist stage adopted by the State for the benefit of the employee, while continuing to announce new stage of privatization, avoids the term “Function” Or the employee, and prefers the term of service which can be provided by the state its facilities and its staff, or provided by the investor and Bparwath factorial.
What sustains this sense the Article 3 The formation of law “Human Resources Committee” Each unit, any ministry or interest or a local public body as a unit, the Committee is made up of five people, including three identified legislator described “Legal expert of humanity Vnqaby” The latter pointed his words legislator “If any”The sense that it may form a committee of five, including a trade union is not; and then have two to three unidentified Committee character; so that they can be government or private; and then does not represent the employees governed by law only one person “If any of the trade union committee”!!.
This committee, in which he probably does not represent the staff, or if it appeared Fbchks one, has - according to Article 5 – Terms of reference include amazing: Proposal to appoint staff and bonuses that can give them and their transfer and the adoption of performance reports that underpin the effects of the most important upgrade and bonuses but not separation, and so on.
Perhaps some are optimistic that the competent authority is a watchdog on the Commission's proposals, which may not be adopted if showing her lack of fairness for example; but this is the competent authority is only the minister or the governor or the head of the Board of Directors, all of whom do not express their real representation for employees, but for the ruling power policy and therefore would be more inclined to approve it achieves its policy, such as reducing staff numbers to prevent or restrict the appointment, or to punish opponents using transport or bonuses until Oz Chapter.. etc
The same applies to what he called the legislation - in the fourth paragraph of Article 26 – “Committee grievances” And that does not represent the only organ Mozfen union, if any, trade union unity.
And controls the financial resources of the Commission - in accordance with Article 27 – Throughout the life of an employee in his job for the job period, they are proposing discount 50 Percent of his salary if a report released his weak performance for two consecutive years, or even completely separated from employment.
The issue does not relate to Baknaatna the need for employee inert punish and even separation of worth, but respect on who proposes and who decides whether the law has set standards regarding integrity and lack of representation of executive authority tend to get rid of what they perceive as redundant, while it is up to poor performance and failing to recruit potential of the state to serve citizen, or perhaps to exploit the powers of punishment and dismissal of staff for revenge do not adopt their point of view.
(2)
The appointment shall be in any job - in accordance with the provisions of Article 13 – A centralized manner, it will be a decision of the President of the Republic or his authorized representative, after an examination of the applicant for the position and arrangement of admissions, according to the result of the exam.
This Central does not reflect only give priority to the concept of politicization of the civil service, and to ensure that the incumbent is not from opponents of the political system, during the previous decades was preceded by the release of the appointment of so-called security questionnaire to get to know the opinion of the State Security Service in political orientations or decision may be ethnic, religious or affiliation until Regional; which translated is not set in certain communities in specific functions.
The exam, which reflects the adoption of the concept (Competition) Away from based qualification and ranking academic priority, it is, although the trend convince the other, but that it depends on the formation of a committee exam and standards of trade-offs and the extent of the commitment of integrity and avoid favoritism and nepotism standards, something that makes many people stop in front of the adoption of the test method to choose the most efficient, and perhaps the months function Being her annual exam and issue a decision to appoint the occupants are assistants prosecution Chi Btakova every Egyptian.
I told a friend of the public prosecutor's advisers, days, how can we decide several advisers how efficient person as more than a hundred university professor and consultant over the four years of study it first on his band!! It is the same for the Mottagdamn for engineers or doctors or teachers or other.
(3)
Perhaps Tstvzk Article 17 Of the law that makes the employee after being appointed by the President or his authorized representative and after passing the exam is not an employee technical sense, but trainees on probation for six months can termination “Without the need for any further action”, Even without this article shows that the way to end his service, which seems to be once prevented him from entering the workplace.
It suggests that six months is only a period to monitor the views and behavior of the employee appointed.
(4)
Any employee terminated automatically Service:
– During the first six months as soon as the administrative body to express an unwillingness to continue.
– Winning my weak performance rank for two consecutive days.
– Bhsloh - if it was top class staff - a report on the performance of a lesser degree than the average for two consecutive days.
They are all good reasons, but because if we look at in terms of grant performance reports and how to appeal them before the administrative grievances, and the way the proposal of the penalty to the Human Resources Committee, it leads to make the employee's life, however, the administrative body fully without real protection not from the union not to spend.
The administrative separation become the norm, according to this law, which makes the life of the employee and his family are in grave danger in the event of his dismissal, and that he - when he had the ability - to resort to the judiciary to cancel the dismissal decision. A situation even worse than the decision of the Unified Labor which put workers in a direct confrontation with employers without legal protection or cover gives them a measure of reassurance law.
And comparison with other legal systems where you have some injustice to the employee or worker in our country, in light of the weakness of salaries and wages and inability to form a surplus based on boiled in the administrative separation cases, and the lack of insurance coverage provide him with much of the funding until they find another job.
(5)
Bonuses scheduled to Article 37:
– Increment: Tied career wage (5%) The first grant each July each year.
– Incentive bonus: It may not be obtained by more than 10% From the staff of each degree of the quality of each group, does not exceed 2.5% Once every three years.
And for us to imagine that the conflict between being 100 Employees to get them all on this bonus once every three years; Fbmror three years will not get them more than 30% All of the occupants of the degree of the quality of each group. And thus to get it all staff on highly efficient performance reports at least if all goes without a fair distribution is limited to the premium between the number of known and limited, we need to 10 Years.
In the circumstances, the low salary bonuses ratios become an object of ridicule.
(6)
Access to scientific qualification - in accordance with Article 38 - It's worth the employee as well as scientific excellence 2.5% Salary of career (!!) But that does not qualify him for the post of a higher or different commensurate with this qualification.
Thus, the author of the legislation genius imagined that the premium is enough reason to seek each employee to develop a scientific level, and that this legislature is believed to be different from the employee to the development level of knowledge. For the first time legislator distinguishes between science and knowledge to prevent from getting a certificate from getting a job deserves.
(7)
Article 67 Introduced historic judgments passed by that does not get trapped on remand, but has not been convicted, only half his salary, but if convicted of the full wage deprives (!!)
Trapped in the sense that a reserve which proved his innocence - and imposed in modern legislation that he deserves compensation - rotated point of administration to deduct half salary; with the work that his detention may have on the one hand Buchyh administration itself, as is seen in the fact.
Perhaps this article completed another for the remainder of the provisions of this legislation..
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the source : Facebook
