The flexibilisation of the employment status of civil servants:

1. The flexibilisation of the employment status of civil servants: From life tenure to more flexible employment relations Danielle Bossaert, Senior Lecturer, EIPA, Maastricht; Attachée, Ministry of Civil Service and Administrative Reform, Luxembourg

2. A changing orthodoxy in employment patterns? • Analysis of different types of employment relationships in the national civil services of the European states and their development • Comparison of the principle of job security in the public and private sector

3. Main questions • In how far can we observe a reduction of job security of statutory civil servants? • How resistent is life tenure towards bad performance/economic restructuring? • In how far is there a growing significance of contracts based on private law with less job security? • In how far is there a growing significance of fixed term employment?

4. Job security of statutory civil servants: Development and general trends • In the great majority of states, there exists at least a small category of public employees – although very different in size – with a higher job guarantee • In career systems, civil servants with life tenure are still the most important group of employees • D,FIN,Slovenia, NL, UK, Sweden: no right for life tenure • No major reform trends in the majority of European states

5. The meaning of life tenure • On the one hand: life tenure; on the other hand: in theory, possibility to dismiss cs for bad performance • This trend is linked to the trend of performance evaluation • Distinction between 3 categories of states

6. The termination of an employment relation: Procedures and rights of public employees • Dismissal procedures are only used in exceptional cases • Dismissal procedures are usually regulated by very detailed rules and provisions • Dismissal in case of bad performance has only been introduced very recently

7. Percentage of non-statutory civil servants

8. Development and job protection of non-statutory civil servants • Number of non-statutory employees is quite considerable in some of the EU Member states • Generally, higher job security than in the private sector • Reasons: to circumvent lenghty and rigid recruitment procedures, financial reasons…and accidental decisons

9. Percentage of fixed-term employees

10. Towards a growing significance of fixed term contracts • Public sectors show an enhanced trend towards flexibilisation due to an increase of fixed term contracts • Reasons: to adjust the number of employees to changes in demand, workload; more fixed-term contracts for managers • Negative side effects: uncertain future; lack of career development; problem of commitment

11. Conclusions • High level of job security belongs to those classical elements of the civil service, which have been modified the least during the reform processes • Job security is still among the most motivational factors of public employment • Life tenure is not absolutely resistant towards bad performance/economic restructuring • The most striking trend as regards non-statutory civil servants: The increase of fixed-term staff

12. End reflections • In how far do you think that the different employment status’ also have an impact on the work motivation, commitment of public employees? • In how far do you think that the employment relationship also has an impact on performance? Or: Are civil servants more performance oriented than fixed term employees?

13. Thank you for your attention