THE RIGHT TO TRAINING AND IMPROVEMENT OF VOCATIONAL TRAINING. COMPARATIVE ANALYSIS REGARDING CIVIL SERVANTS, CONTRACT STAFF FROM PUBLIC ADMINISTRATION AND EMPLOYEES FROM THE PRIVATE SECTOR
-
Authors:
• Narcis Teodor GODEANU, email: narcis@godeanu.eu, Afiliation: “Spiru Haret” University, RomaniaPages:
• 26|37 -
Keywords: civil servants, contract staff, employers, employees, status of civil servants, public sector, private sector, budgetary personnel, public services
-
Abstract:
Our study intends to analyze comparatively the improvement of the professional training for civil servants, the contract staff from the public administration and the employees from the private sector. As far as civil servants are concerned, the training and improvement of the professional training has the particularity that it represents, equally, a fundamental right and a duty, being reflected in the Law no. 188/1999 regarding the Statute of civil servants, partially repealed, at present the regulations are taken over and supplemented by Government Ordinance no. 57/2019 regarding the Administrative Code. In the case of the contract staff, the Labor Code and the labor law also recognize it, specifying that we consider that a differentiation of its legal regime is required, as we refer to the contract staff in the public and private sectors. Regarding the contractual personnel in the public sector, we express ourselves in the sense that certain dimensions of the legal regime of the professional development of the civil servants also reverberate in the matter of the professional improvement of the contractual personnel in this sector. We embrace and strive to develop through our study the thesis formulated by Professor Ion Traian Stefanescu, according to which elements of the legal status of civil servants and of the legal situation influence each other, the two staff categories “borrow” each other characteristic traits, what it is natural, on the other hand, because, as we have already mentioned, the status of those who carry out their activity in the public sector does not have a determining relevance, especially, the content and the purpose of the activity they carry out. And it aims, in essence, to provide public services that meet the general interest needs of the beneficiaries of these services, starting with January 1, 2020 the exercise of public power prerogatives returning exclusively to civil servants as a result of the entry into force of the Administrative Code.
