Conditions of service
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The forerunners of civil servants, being members of the royal household, had duties but no rights. The first attempts to formalize methods of appointment and conditions of service were among the administrative innovations introduced in Prussia in the 18th century. Elsewhere attempts were frustrated by political and public objections. Increased formal regulation of conditions of service came about when civil servants organized themselves into professional groups, sometimes barely distinguishable from trade unions. The fact that civil servants are agents of the public power, providing services on which law, order, and public health depend, has raised the question whether they should be permitted to strike; if they cannot lawfully strike, they are deprived of the main weapon in pressing for improvements in their conditions of service. Thus, there have developed special arrangements for reviewing conditions of service periodically and for settling contentious issues. In particular, it has been necessary to have a properly recognized system for regulating conduct and discipline. In the United Kingdom, traditional standards are supplemented or revised to accord with recommendations from periodic commissions of enquiry, which pay special attention to official conduct in relation to political activities and business dealings. In France and Germany these codes of conduct have been based mainly upon the rules of administrative law and the jurisprudence of administrative courts, although certain civil service rights and duties are specified in constitutional law. In other countries, particularly in the United States and India, conduct and discipline are regulated by administrative rules and codes promulgated by executive order after discussion and enquiry.
The standards placed upon a civil servant’s conduct are partly those to be expected of any loyal, competent, and obedient employee and partly those enjoined upon a public employee. Ideally, the civil servant should be above any suspicion of partiality and should not let personal sympathies, loyalties, or interests affect the performance of duties; for example, a civil servant is obliged to be circumspect in private financial dealings. As a general rule, a civil servant is not allowed to engage directly or indirectly in any trade or business and may engage in social or charitable organizations only if these have no connection with official duties. There are always strict limits on a civil servant’s right to lend or borrow money, and they are prohibited from accepting gifts.
Civil servants and politics
There are different attitudes about the extent to which civil servants may engage in political activities. One view is that a civil servant has the same constitutional rights as other citizens and that it is therefore unconstitutional to attempt to limit those rights other than by the common law. The opposing view is that, since civil servants are engaged in the unique function of national government, their integrity and loyalty to their political masters might be affected by active participation in political affairs, and public confidence in their impartiality could be shaken. Broadly speaking, those countries that traditionally expect civil servants to behave with complete impartiality and to conform to ministerial policy with energy and good will, whether they agree with the policy or not, expect all civil servants to behave with circumspection in political affairs. The United Kingdom has a total ban on its senior civil servants’ engaging in any form of political activity. The prohibition becomes progressively less strict, however, for the medium and lower grades of the service.
Another group of countries, including France and Germany, have deemed policy and administration to be so intimately connected that all top posts are filled at the discretion of the government of the day; thus, civil servants are allowed greater scope in political activities. They are nevertheless expected to act with greater discretion and public decorum than private citizens, and an excess of power or an abuse of office for political purposes renders a civil servant instantly liable both to statutory regulations and to severe internal disciplinary proceedings.
Civil servants and unions
Traditionally, governments have been hostile toward civil service unions, and in the past repressive laws made strike action unlawful. Strikes nevertheless occurred, and governments eventually adopted an attitude of open encouragement toward trade unionism. Most governments accept, in theory at least, that the state should be a model employer. It follows that, if the state genuinely pursues a policy of discussion and negotiation with civil servants and attempts properly to fulfill agreements with them, it should in return be freed from the threat of strike action. Mindful that the withdrawal of civil servants from some public services would lead to chaos, many governments have found it prudent to establish permanent channels for negotiating such matters as salaries and discipline. Organizations representing the staff and a management side of senior officials representing the state mirror the employer-employee relationship of private industry, although a higher percentage of public- than private-sector employees are members of unions. The United Kingdom was the first country to establish negotiating machinery for civil servants. Following a report in 1917, organizations known as Whitley Councils were set up, consisting of equal numbers of medium and lower staffs on the one hand and directing and supervisory staffs on the other. These councils operate within the ministries, and a National Whitley Council performs central advisory functions for the government. They have no powers of decision, however, only of recommendation, because governments are never prepared to surrender their ultimate responsibility for determining the public interest. The councils have done a good deal to provide a sense of common purpose and joint responsibility within the civil service as a whole, although pay restraints from the early 1970s generated great friction between civil service unions and government.
In France each department has a comparable consultative body, but its work is broader in scope in that it can scrutinize recruitment, personnel records, promotions, and disciplinary procedures. There is also a national council, presided over by the prime minister or a specially nominated minister for civil service affairs, which is concerned with general personnel policy, conditions of service, and coordination of departmental committees.
Until after World War II, the commonly accepted view in the United States was that expressed by Pres. Calvin Coolidge: “There is no right to strike against the public safety by anybody, anywhere, at any time.” Although federal employees are still forbidden to strike, a rule illustrated by the dismissal of striking air traffic controllers in 1981, consultation has increased, and in many federal departments appeals committees comprising departmental heads and one or more members of the Merit Systems Protection Board may now hear appeals from civil servants against decisions adversely affecting their careers. These committees are also consulted on general matters of departmental interest, such as job classifications, pension schemes, promotion policies, and office procedures.