公营部门暂停雇佣的一些法律困境

Danica Radovanović
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引用次数: 0

摘要

2013年,塞尔维亚共和国国民议会通过了《预算制度法》修正案,规定了暂停公共服务部门就业的措施。执行这项措施的目的是控制(即削减)开支和减少由政府预算资助的各组织的雇员人数。尽管对审查中的措施进行的分析指出,缺乏系统的、经过论证的和可靠的报告,以及对这一决定的积极和消极后果的客观分析,但似乎该决定的实施带来的消极后果多于积极后果,而保健、社会保护和教育部门受到的影响最大、最显著。此外,这一措施的消极后果对妇女和青年劳动力产生了直接影响。在几次重复中,这项措施的扩大表现为在提供服务方面存在重大障碍以及这些服务的质量下降。因此,有必要审查暂停公共就业措施的实施的内容和后果、与之有关的某些法律困境以及在其废除后是否恢复了公共服务的自主权。
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Some legal dilemmas regarding the moratorium on employment in the public sector
In 2013, the National Assembly of the Republic of Serbia passed amendments to the Budget System Law prescribing the measure of the moratorium on employment in public services. The implementation of this measure was directed towards controlling (i.e. cutting) expenses and reducing the number of employees in the organizations financed from the government budget. Despite the analysis of the measure under scrutiny pointing out a lack of systematic, argumented and reliable reports and objective analyses of both positive and negative consequences of this decision, it appears that its application was associated with more negative consequences than positive ones whilst the largest and most significant effects were suffered by the sectors of healthcare, social protection and education. In addition, the negative consequences of the measure had a direct impact on women and young members of the workforce. The extension of this measure, in several iterations, has manifested itself through significant obstacles in the provision of services as well as a reduction in the quality of these services. Therefore, it is worthwhile to examine the content and the consequences of the application of the measure of the moratorium on public employment, certain legal dilemmas in relation to it, as well as whether the autonomy of public services has been restored following its repeal.
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来源期刊
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发文量
14
审稿时长
12 weeks
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