The legal status of a municipal employee is determined by federal laws, acts of regional authorities, and local authorities. What are its features? What are the rights and obligations of an employee? What restrictions are set by law?
Legislative regulation
The list of regulations governing the legal status of a municipal employee is quite wide.
- Constitution of the Russian Federation.
- Constitutions and charters of subjects.
- Federal law "On the foundations of the organization of local self-government."
- Federal Law "On Municipal Service".
- Regional laws on the organization of local self-government.
- Regional laws on municipal service.
- The Law on Combating Corruption.
- Regional acts governing the fight against corruption.
- Acts governing the control of income and expenses of state and municipal employees.
The specified list reveals the concept and legal status of a municipal employee.
It should be noted that the regional acts are written according to a single scheme; there is no serious difference between them. According to one rule, wages are built.
Municipal Service Definition
Municipal service is the work or professional activity of an employee in a position in a municipality body. Admission to work is carried out by concluding a contract, provided that the citizen meets the requirements of the law. Below we consider the features of their conclusion.
On behalf of the municipal administration, its head acts, at the same time heading the council of deputies. The names of posts and bodies may differ, taking into account the features of the area.
Who is a municipal employee?
Authorities, including municipal ones, exercise the powers granted by law. In short, the legal status of the municipal employee applies to everyone who is directly related to the implementation of these powers.
Workers performing purely technical functions are not considered municipal employees.
A specific list of posts related to the municipal service is established by regulatory acts of regional authorities, in accordance with the guidelines of the central authorities. Nevertheless, disputes arise periodically regarding the assignment of posts to the municipal service.
This is not an idle question, because the legal status of a municipal employee is associated with numerous requirements and restrictions. Their non-fulfillment serves as the basis for bringing to administrative and even criminal liability. Failure to comply with one single requirement cost a lot of work.
To whom the status does not apply
The status of a municipal employee does not apply to the following categories of persons:
- deputies;
- members of elected bodies;
- elected officials of local government;
- members of election commissions formed in the municipality and acting as legal entities;
- Chairman, his deputy, auditor of the control and accounting body of the municipality.
The ratio of state and municipal service
Formally, the Constitution proclaims the separation of municipal authorities from state structures. At the same time, laws contain provisions reflecting the correlation of the legal status of a municipal and public servant. By civil servants are meant civil servants.
The military and court representatives, prosecutors have their own status as officials, their activities are considered a special type of public service.
What is common between officials of municipal and executive authorities:
- unity of qualification requirements;
- unity of imposed restrictions and obligations in connection with the performance of the service;
- uniform requirements for the training process, vocational training;
- the equivalence of seniority in state and municipal services;
- the ratio of wages and pensions, as well as the provision of their relatives in case of loss of the breadwinner.
Thus, the legal statuses of the state and municipal employees are identical, the difference cannot be called significant.
Correlation of the status of employees on the territory of the subject
It consists in the ratio of requirements to persons holding state and municipal posts. So, for example, when a person transfers to service in another body, the previously accumulated experience is preserved, and, moreover, he continues his course.
Federal law distinguishes several categories of employees of state bodies:
- federal civil service;
- civil public service of the subject (region, republic, city of federal significance);
- municipal service.
So, the ratio of the legal status of the municipal and civil civil servants of the federal body is established by federal law. The correlation between the status, in particular, the positions of public servants of the subject and municipalities is prescribed in the regional regulatory act.
Number and title of posts
The decision of the municipal council will determine the staff size of the administration. The names of employees are taken from a list approved by regional authorities. It is adopted in the form of law.
Qualification requirements
The law establishes that in order to occupy a position, an applicant must have a level of education, experience and some additional skills. Work experience usually does not matter. For example, citizens who have a certain length of service or work experience are appointed to some senior positions. According to standard qualification requirements, appointment to senior and junior posts is made without taking into account work experience or service.
When the competition is announced, those who wish to submit documents are recognized equal. But those who have the experience of state or municipal service, nevertheless, get an advantage. It is expressly spelled out in regional legislation. 1 year of service is equivalent to 2 years of work experience outside the bureaucracy.
Thus, the legal status of a state civil and municipal employee is equal in terms of accounting for seniority.
Among the qualification requirements, normative acts establish the ability to work with information (in other words, the ability to use PCs and programs to perform their duties). The specifics is determined by the official duties of the person.
The Ministry of Labor and Social Policy has adopted standard qualification guides. On their basis, regions develop their own set of requirements.
I must say that in this regard, the legal regulation of the status of a municipal employee in individual regions does not differ. If the applicant does not meet the requirements, he will not be allowed to bid for replacement.
Identification of the fact of non-compliance with qualification requirements after being hired entails dismissal.
Additional requirements
Regardless of the position, the law requires you to have an idea about the contents of a whole package of documents:
- Constitution.
- Constitutional federal laws, federal laws related to its activities.
- The charter or constitution of the subject.
- Regional laws governing its activities or related to it.
- By-laws related to his service.
All points, except the last two, depend on what acts and to what extent are adopted in the subjects.
Salary
The remuneration of municipal employees is financed from the local budget. Salary consists of salary and allowances. For classes and seniority additional payments are made. Their size is not so large. Novice employee at the time of writing the article receives an average of 15 thousand rubles. per month. Gradually, his income is increasing.
If additional funds remain in the budget at the end of the year, then part of them is spent on bonus payments to employees. The size of the premiums varies each year.
What rights do employees have?
An integral part of the legal status of a municipal employee in the Russian Federation is his rights and obligations. Regarding rights, the law establishes the following points:
- familiarity with instructions, job regulations, acts describing the quality of work of an official;
- creation of organizational and technical conditions for the performance of duties;
- remuneration and other payments in accordance with the provisions of the law;
- rest in accordance with the Labor Code and regulatory acts establishing holidays;
- obtaining materials and information necessary for the implementation of activities;
- participation in the competition for filling another position;
- obtaining additional education at the expense of the budget in accordance with municipal regulations;
- protection of personal data in accordance with applicable law;
- familiarization with the materials of the personal file, the introduction of his explanations;
- the right to participate in trade unions, their creation, protection of the rights and interests as an employee;
- engaging in other paid activities, if this does not harm the performance of official duties (the exception is the head of the municipal administration, working under the contract).
Employee Responsibilities
The legal status or position of a municipal employee imposes on him the following list of responsibilities:
- compliance with the Constitution of the country, subject, laws, other acts, taking measures to implement them;
- act according to the approved instructions;
- maintaining the level of qualification;
- preservation of the rights, freedoms, interests of citizens regardless of their property status, race, attitude to religion, gender, as well as the rights and interests of organizations;
- protection of information constituting a secret (both public and private life), which became known to him in the performance of duties;
- preservation of property provided for the performance of duties;
- providing information about yourself and your family members in accordance with applicable law;
- a message about the exit or loss of Russian citizenship;
- report on the acquisition of foreign citizenship;
- comply with restrictions, prohibitions, obligations imposed in connection with the status.
The legality of his actions
The law establishes the mandatory execution of orders from higher authorities. At the same time, he orders to refuse to fulfill orders that go beyond the scope of legislation. If the employee believes that the order or instruction does not comply with the law, he is obliged to inform in writing. A written confirmation of an order or order received afterwards obliges you to say no.
Consent to illegal actions will entail consequences, according to the law, for both the boss and the subordinate. The fact of the order does not exempt from liability.
Service Restrictions
Features of the legal status of a municipal employee are additional requirements to them:
- recognition of incompetent or partially incapable;
- sentencing of a court, excluding the continuation of work in positions;
- refusal to undergo a verification procedure for admission to state or other secret, if the acceptance for the position concerns the use of relevant information;
- identification of a disease that makes it impossible to continue work according to a special list (mood disorders, epilepsy, drug addiction, etc.);
- refusal to undergo annual medical examination;
- close relationship or property with the head of administration, if the performance of duties is connected with his direct subordination;
- termination of citizenship of the Russian Federation or another country whose citizen is entitled to occupy municipal posts;
- obtaining the right of permanent residence in the territory of another country;
- the provision of false information or false documents when applying for a job;
- unreasonable military service on conscription (unless it was completed under the contract).
Bans on a municipal employee
If restrictions are associated with circumstances making it impossible to be in the service, then the prohibitions relate to the conduct and conduct of property affairs.
This includes the inability to continue work if elected to a paid position in a trade union or other body.
It is forbidden to simultaneously hold the post of municipal and public service.
A number of restrictions are imposed on participation in public organizations and ownership of property. For example, you can’t even take part in the general meeting of members of the HOA, housing cooperative and other non-profit organizations.
It is forbidden to take part in the management of commercial organizations. You must not have securities in your hands (must be transferred to third parties).
In fact, it is prohibited to represent the interests of third parties.
Exceptions are provided and allowed at the discretion of the head of the municipal administration in cases provided for by regional and federal laws.
It is forbidden to receive remuneration from anyone in connection with their activities. Gifts received in connection with the service are transferred to the local government and can be redeemed.
All sorts of honorary titles, awards are allowed to receive with the consent of the head.
An exception is the right to govern political parties and associations. At the same time, one cannot use one's official position to create advantages for movements and political parties.
Within the bodies of the municipal level, it is forbidden to create religious structures.
Restrictions after dismissal
The termination of service imposes additional duties on the citizen. In particular, he is obliged not to divulge information obtained in the performance of duties.
Within two years after leaving the post, it is forbidden to occupy posts in non-governmental organizations from a special list, unless the ethics commission gives appropriate permission.
All requirements of this kind seem excessive. However, all of them are aimed at avoiding the unlawful use of powers or relations for the purpose of enrichment or because of other interests.
Administrative status of a municipal employee
This term reflects the principles of regulation of the activities of employees of municipalities, their rights, obligations, restrictions imposed by laws.
A number of restrictions and prohibitions are established regarding the procedure for entering the service and its passage.
They do not affect the rights of the employee as an employee. The exception is participation in strikes. Unlike employees of other organizations, due to the importance of their activities, they are not entitled to protect their rights in this way.
Municipal employees have additional restrictions regarding participation in the management of commercial enterprises, participation in the activities of cooperatives (HOAs, construction cooperatives, horticultural associations, etc.)
Thus, the elements of the legal status of a municipal employee affect a variety of spheres of life.
There is an opinion that today the state is excessively present in the economy and other areas of public life of society. Thus, it is not possible to find the best way to organize authorities and regulate the status of municipal employees in particular.