THE PROCEDURE OF ADMISSION TO THE MUNICIPAL SERVICE, ITS PASSES...

ORDER OF ACCESSION TO THE MUNICIPAL SERVICE, ITS PASSES AND TERMINATIONS. WORK (SERVICE) TIME AND HOLIDAY TIME. MUNICIPAL EXPERIENCE

As a result of studying this chapter, students will:

know

• features and distinctive features of the municipal office;

• Methodological principles and features of admission to the municipal service;

• views on the specifics of passing the municipal service;

• modern ideas about the specifics of the implementation, passage and termination of the municipal service;

• specifics of the termination of the municipal service;

be able to

• generalize and systematize the features of the receipt of the municipal service;

• solve the problems associated with entering the municipal service;

• use the knowledge gained regarding the passage and termination of the municipal service;

own

• methods of analyzing the features and characteristics of admission to the municipal service;

• specifics of the passage and termination of the municipal service;

• skills of system analysis of the specifics of the passage and termination of the municipal service.

Features of citizens entering the municipal service

Entry to the municipal service is governed by the norms of Art. 16 of the Federal Law No. 25-FZ of 02.03.2007 "On municipal service in the United States", as well as the legislation of the municipal association, the legislation of the constituent entities of the Federation on this issue, which generally meets the requirements of federal law.

Case Study

In the Penza region, admission to the municipal service is carried out in accordance with regional legislation, including:

- based on the results of the competition for filling the vacant position of the municipal service in accordance with the Decision of the Penza City Duma of December 20, 2007 No. 864-42/4 "On approval of the provision" On competitions for filling vacancies in the municipal service in the city of Penza "; ;

- from the number of persons in the personnel reserve for the replacement of vacant posts of the municipal service in accordance with the Decision of the Penza City Duma of December 20, 2007 No.865-42/4 "On approval of the provision" On the procedure for the formation and work with the personnel reserve for replacement of vacant posts of the municipal service in the city of Penza ".

The municipal service is entitled to:

- persons who have reached the age of 18 (in accordance with Article 63 of the US Labor Code, citizens who have attained the age of 16 are eligible to enter into employment contracts, but the increase in the age specified in the Federal Law "On Municipal Service in the United States" , is associated with the specifics of their official activities carried out by municipal employees.The analogous rule is established for admission to the civil service);

are persons who know the state language of the United States (knowledge of the state language is a general requirement for municipal employees and state civil servants.The state language of the United States is United States, its status as a state language is enshrined in Article 68 of the US Constitution and the Federal Law of June 01, 2005 No. 53-Φ3 "On the state language of the United States");

- persons who meet the qualification requirements stipulated by the federal legislation and the legislation of the subjects of the Federation, the legislation of the municipality regarding the replacement of posts of the municipal service, in the absence of circumstances excluding the possibility of a citizen entering the municipal service. Such circumstances are provided for in Art. 13 of the Federal Law "On municipal service in the United States". Qualification requirements for municipal offices of the municipal service establish indicators that determine the compliance of the professional level of a municipal employee or a candidate for the replacement of a certain municipal office of the municipal service with the functions and powers established for this post;

- and citizens of foreign states - participants in international treaties of the United States, according to which foreign citizens have the right to be in the municipal service.

The laws of the subject of the Federation establishes the ratio of municipal posts in the municipal service and public posts of the public service of the United States, taking into account the qualification requirements for the respective posts of the municipal and public service.

With a municipal employee, unlike a state civil servant, a labor contract is concluded, and not a service contract. The form of the contract is stipulated in the law only for one person having the status of a municipal employee, the head of the local administration.

The official rights and duties of the municipal employee are still established by the job description, and not by the official regulations, as for civil servants, which contradicts the Concept of Administrative Reform in the United States. Attention is drawn to the fact that the new law divorced the concept of "municipal office" and "municipal service", however, in the classification of municipal service posts, division into categories similar to those of the state civil service is not applied. There is no need to elaborate on the conditions for the admission of persons to the municipal service, since in general these conditions correspond to the conditions for admission to the state civil service, investigated earlier.

The results of the procedure conducted by the representative of the employer (employer) in order to establish the compliance of the municipal employee with the assigned work (labor function) in the process of passing the municipal service are grounds for maintaining or terminating the service relationship. The test is aimed at determining the suitability of an employee for a replaced position. If the condition of the test was not specified in the employment contract, it is considered that the employee is accepted without testing.

During the probation period, the employee is fully covered by the provisions of labor law, the Federal Law "On municipal service in the United States", other regulatory legal acts and local regulations that contain labor law, collective agreements and agreements. Therefore, it is not possible to set a lower salary for a municipal employee or to stipulate that it will be paid after the end of the trial period, and its size will depend on the test results.

The maximum test period can not exceed three months, and for the head of the organization, heads of branches and representative offices, chief accountants and their deputies - six months. The concrete term of the test is determined individually and is established in the employment contract at its conclusion. In the probationary period, the period of temporary disability of the employee, as well as other periods when he was actually absent from work, is not counted. If the test period has expired, and the employee continues to perform his duties, he is considered to have passed the test. Further termination of an employment contract with an employee is only possible on general grounds.

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