The legal system of civil servants USA (Reprint)

The establishment and development of the civil service system, a America

American after founding a state, long the spoils system, when the government are few jobs, are political appointees, namely the campaign to win the president, as a gift to his support of partners assigned to them, called "political patronage system". Under this system, on the one hand, because the officials are changing, making the work of the lack of continuity, resulting in low efficiency of administration; on the other hand, the corruption of officials to prevent. In 1883, Congress passed the "USA adjustment and reform of the civil service system America law", also called "Pendleton method", marks the establishment of the civil service system. According to the law of Civil Service Commission, established the examination system, eliminates the political forces of civil service appointment and dismissal of intervention, the merit system principles, which laid the foundation USA civil service system.

Since then, America Congress has passed many civil servants law on the management of the civil service system, USA continuous development and improvement. These laws include: 1920 "Civil Service Retirement Act", 1923 "job classification", 1950 "performance evaluation", 1954 "federal employees group insurance law" and "government employee incentive method", 1958 "government employees training method", the 1959 "government employee health and welfare law" in 1962, the "wage Reform Act", 1978 "Civil Service Reform Act", 1990 "federal employees wages flat method", etc.. Among them, the 1978 "civil service reform law" on the USA servant system compared to the great reform, American civil service system is a very important law. The method to determine the federal government personnel follow nine principle of merit, to make major changes in personnel management, senior executive positions, merit pay, the civil service examination and punishment procedures, admitted to civil servants can be organized by trade unions, collective bargaining and participate in decisions involving their rights.

Two, the scope of civil servants and America classification

American strict separation of the three powers, which formed three different systems. The federal civil service scope refers only to perform duties in America federal administrative agencies in their personnel, by America Federal Office of personnel management under the federal civil service law management. The employee congress and court judges, civil law is not applicable, and shall be prescribed by other laws. The military (Army civilian personnel not included) personnel and work in political parties, non-governmental organizations and other non-governmental organizations, nor the civil service.

America civil servants, according to the position of nature can be divided into two categories, the first category is "political appointees" is the administrative officer, the second category is "occupation of civil servants", namely officer. political appointees was president of the politically appointed according to need, need not pass the exam, some of these appointments are subject to approval by the Senate, their senior officials is responsible for formulating policies, general and president. Civil servants are in occupation by competitive examination disclosed and the recruitment of civil servants, they are employed, is protected by the civil service system, the term is not affected by the change of government, such as I am no gross negligence, can be served until retirement.

Three basic principles of the civil service system, USA

USA civil service system through continuous reform 100 years of exploration, has identified a series of basic principles, including:

1, open competition: must be notarized, equal opportunities in public examinations, the recruitment of civil servants from the appropriate source, qualified personnel.

2, equality: all candidates and the civil service, regardless of their race, color, religion, membership, gender, age, marital status, family status, disability status, in the civil service management, should be a fair and reasonable treatment, the government must pay attention to their constitutional rights.

3, equal pay for work of equal value: should pay the same wages, encouragement and recognition for outstanding work.

4, good moral: all civil servants should have good moral accomplishment, personality to correct, can abide by the social order, and to keep the public interest.

5, to ensure efficient: all the forces of civil servants should be effectively utilized, the civil servant team with high efficiency.

6, strict requirements: performance good civil servants should continue to hold office, work is not good and should be improved, civil servants are not up to standard shall be removed from office.

7, strengthen the training: all government agencies to conduct effective education and training of civil servants.

8, the political neutrality: should keep from high handed behavior or personal likes and dislikes of harm, should also make the civil service is not forced to for political purposes, should prohibit civil servants to use its power and influence to interfere in or influence the outcome of the election or nomination results.

9, security rights: civil servants should be protected, not because of legal exposure was take revenge.

Four, USA civil rights and obligations

According to the 1978 reform act of civil servant system, the civil service has the following rights and obligations:

(a) the rights of civil servants

1, basic rights including right equality: examination, job right, right, right of wage and benefits appraisal, pension rights, the right to leave, leave the insurance rights and job security right.

2, the political rights: the right is limited by 1883, Peng Bourdain law civil servants shall not be involved in political activities, the reform act of 1978 civil service system to relax a little, but still be restricted.

3, the right to freedom of expression: this right by the Constitution and the civil service reform act of security ninth principles, merit system protection of civil servants not because of legal truth by political revenge.

4, the rights of association and the right USA consultation: civil servants have four to join trade unions, and the trade union organizations for collective negotiations with the government. The federal civil servants the right to strike is prohibited, but some states are given to civil servants to the right.

5, Shen Suquan: any damage to the interests, civil servants can appeal to the merit Systems Protection board.

6, rights protection, legal protection is not subject to political persecution and elections in pre, improper disposal of the security of civil servants without inequality, injustice, oppression or political pressure privilege. The merit systems protection board responsible for civil servants.

(two) the obligations of civil servants

1, civil servants should maintain integrity, good behavior and maintain the public interest.

2, the political neutrality or restrictions on political activity obligations.

3, civil servants should abide by discipline, such as loyalty to the state (rather than the individual, political parties, government), service for people without discrimination, injustice, no job, no illegal part-time, shall not leak, shall not take bribes and bend the law etc..

4, civil servants property declaration.

5, civil servants must comply with the specifications shall not have the intention of loyalty, constitutional forms to topple the government, shall not participate in the strike, not to incite or participating in a riot and harassment.

Management mechanism of five, American civil servants

(a) the office of personnel management

Office of personnel management have the biggest responsibilities in the main mechanism of management of civil servants, is an independent agency of the federal government administrative department, the direct leadership by the president, the president, the Secretary appointed by the president, shall be approved by the Senate, a term of four years. Chief to attend all meetings of the cabinet on personnel matters, have the responsibility to provide advice to the president on personnel issues. The main duty of personnel administration, supervision is: 1 ministries (and independent) implementation of the civil servant merit system; 2, issued by ministries (and independent) must comply with the regulations on civil service issues; 3, the formulation and implementation of personnel work plan of improving government management and efficiency; 4, the personnel management functions as much as possible to give cabinet departments (and independent), let them have the maximum freedom for the departments of civil servants and combined with the specific circumstances of the departments of the recruitment, hiring, promotion and other provisions; 5, the implementation of the federal government civil service and state, local government exchange of civil servants.

(two) the merit systems protection board

The merit Systems Protection Committee is a judicial function independent agency of the federal government administrative department, consists of 3 members, members are appointed by the president, and shall be approved by the Senate, a term of 7 years, subject to the same political party members shall not exceed two. Members only "because be forgetful of one's duties, malfeasance or incompetence" can be the president dismissed, to ensure the independence of the committee. Its function is to protect the merit system and every civil servant is not subject to abuse victims, it is responsible for hearing civil appeal and ruled, also responsible for the office of personnel management regulations for review.

(three) the Federal Labor Relations Board and federal deadlock handling team

The Federal Labor Relations Board is an independent agency of the federal government administrative department, its function is to resolve the civil unions and administrative department of the federal government agencies in the dispute. It represents the civil servant supervision to negotiate the civil union elections , supervise the implementation of the negotiations on the regulations on unfair practices, listen to the complaints, and is responsible for the interpretation of the civil service and administrative departments of the legal relationship between. In the civil service unions and administrative departments of the impasse in the negotiations, the Federal Mediation Committee by the mediation, the mediation fails, to solve the deadlock treatment group by the federal.

(four) the Equal Employment Opportunity Commission

The Equal Employment Opportunity Commission is based on the American 1964 through the "civil rights law" established, the responsibility is in the civil service examination, employment, promotion, treatment and other aspects of the elimination of any party, race, color, religion, sex, age, marital status, family status, disability status discrimination based on factors such as. The committee consists of 5 members, including a chairman, vice chairman of the people. The country has 49 offices. The committee accepted all the complaints about discrimination in employment, and adjust, if mediation fails, the relevant personnel to the court.

Position classification six, American civil service system

Position classification system can be said to be an invention America in personnel management. Position classification by giving reasonable classification of different types of work, determine the position, the work performance as the basis, the principle of equal pay for equal work, make the effective and reasonable salary system, in order to achieve fair, effective and economical management of government staff to. Therefore, the position classification is a complex foundation work for the management of civil servants. Job classification, need to consider eight factors, including: the position of knowledge required, the complexity of the work, work instruction, working range and effect, personnel contact, contact purpose, physical demands, work environment.

In 1923, Congress passed the "American position classification method", the various departments of the federal government's position is divided into 5 classes 44, after some adjustment, the current position is divided into 22 professional groups, 437 grade, 18 grade.

Examination and training system, America seven civil servants

(a) the examination and recruitment

1, examination. Through the competitive examination to recruit civil servants strict federal government. Examination written examination, interview and performance test etc.. Examination of qualified personnel to undergo a medical examination and background investigation department organization.

2, recruitment. The federal civil service recruitment conditions firstly emphasized human "suitability", namely ability and character hiring staff to meet the related requirements. Secondly, loyalty and security, any violation of loyalty security behavior (such as participating in a riot) cannot hold public office, employment regulations also set some restrictions (such as not appointing relatives). The third is persisting in the exam at the same time, both veterans preference measures.

(two) training

1, not off the job training. Office of personnel management and the agency, in view of the practical need of civil servants in the business, making a large number of textbooks, for the civil service is not off the job training. This kind of training, some as long as one or two hours, some will last several weeks or several.

2, off the job training. Off the job training is the main content of the professional knowledge necessary for civil servants. this training, the more popular is two days to five days, some for up to a year and a number of years, until get the famous university. Off the job training is funded by the federal government to, training mechanism is mainly composed of various departments to set up.

In addition, according to the law, between federal, state and local governments must implement the civil service exchange.

Eight, American civil service examination, promotion and transfer

(a) assessment

Civil servants are required to check all personnel decisions based on the conclusion. Guidelines for examination shall be formulated by the office of personnel management, appraisal concrete scheme by the institutions themselves, executive for approval after the office of personnel management. On the charge of "different appraisal methods of senior executive positions" civil servants and the general public.

(two) the promotion

Between America at all levels of government, and between different departments of the government at the same level, promotion system of larger differences, the general is the chief administrative officer, according to the assessment of qualifications and training situation to decide promotion. vacant for some higher position, if the organization has no one promotion to any position, to this position to the other institution of civil servants. Any civil servants, such as that the executive heads of the promotion decision unfair or suspicion of fraud, can put forward to complain directly to the merit Systems Protection board.

(three) transfer

According to the assessment, training and qualifications, skills, hobbies and other specific situations, chief executive has a right to civil servants from one position to another position, such as transfer that arouse unreasonable, Commission proposed to the merit systems protection.

Nine, USA civil welfare

(a) wage

According to the USA I978 years "reform of the civil service system method", in-depth investigation office of personnel management, the office of management and budget and the Department of labor per year throughout the country on the private enterprise wage level, and then put the survey results to the civil service wage levels were compared, and according to this to Congress and the president proposed civil service pay adjustment proposal. These proposals approved by Congress, the President issued an executive order to implement, to ensure that, in the lower the salaries of civil servants and private enterprises in the same area of the employee's salary of roughly equal.

(two) bonus

America civil servants usually no bonus at the end of the year, but all the departments named "outstanding worker", sent thousands of dollars in prizes.

(three) medical insurance

American civil servants usually in social medical insurance. Due to some special cases, civil servants are sick, injured or disabled, the medical expenses, work-related injury subsidy, disability compensation fees according to the prescribed by the government to pay part or.

(four) vacation

Civil servants enjoy all statutory holidays. Length of one to ten years of civil servants, every year to enjoy 14 days of paid vacation. Over ten years of age of civil servants, every year to enjoy 21 days of paid vacation.

(five) flexible working time

USA government implemented the "flexible working hours system" in some institutions require eight hours a day, five days per week, civil work, in addition to the provisions of the "center in working time" to the office work outside, other time can freely arrange. Some institutions?? " tight working time", civil servants to 40 hours per week of work time compression in three or four days, so that the flexible working hours system convenient for civil servants, with the care of children, but also conducive to the mitigation of public traffic congestion.

(six) retired

American civil service unless otherwise stipulated in laws and regulations, implementation of the civil service retirement system. Except a few civil servants, the law has not stipulated the mandatory retirement age, who meet certain conditions can be voluntary retirement. The civil service must be over 5 years, retiring to qualify for a pension. How much pension to the number of years of service and the basic wage. Pension funds provided by serving civil servants and government, the civil service pay a monthly basic salary 7%, deducted from the wages, the government pay equal amount with civil service pay. Pension according to the consumer price index in March of each year l and 1 September, the adjustment of A.

Ten, American civil service disciplinary and relief

America civil service disciplinary matters from violating the "restrictions on political activity", performance appraisal, services, administrative ethics and general discipline behavior, any discipline, malfeasance, crime of civil servants, once they are found, will be dealt with according to the law. But the disciplinary action not because of political reasons (for example, refused to engage in political activities) and punishment. If you belong to the working poor grades, should give the correct time and opportunity. The administrative organ for disciplinary action, must have detailed written description, in addition to the illegal facts about, also cited by the breach of the law and not corrected after the case. The chief officer or director proposed punishment should be notified within thirty days, if it is a serious punishment, shall be detailed facts and internal procedures after the decision, not reckless, in order to protect the civil servants' rights. Civil servants by the disciplinary action, shall be handled in accordance with the legal procedures, both written and verbally notify the civil servants themselves, and for business personnel proposed disciplinary case not political factors (such as on the grounds of refusal to engage in political activities) or personal factors. The general form of discipline have reprimanded, suspended, demoted, dismissed a pay cut, etc..

In accordance with the law, America civil service disciplinary may apply to the merit systems protection board complaint. The merit systems protection board is provided with a "special prosecutor" civil servants responsible for investigating complaints and litigation relief events, to the illegal investigation and corrective appeal the results of personnel. The merit systems protection board with "Administrative Tribunal", accept all kinds of unfair cases of appeal. Civil servants if not the merit systems protection board, can still appeal to the federal court of appeal or the Federal District court. Civil servants but also to the complaint, by the union to the merit systems protection board and the Equal Employment Opportunity Commission for arbitration.