CEPA II October 2012

1. China-Europe Public Administration Project II (CEPA II)中国-欧盟公共管理二期项目 “Position Management in Public Administration” (Part 1; EU perspective and “cross-cutting” issues) by Mr Harrie van Boxmeer Wuhan, 22nd and 23rd of May 2013 CEPA II October 2012

2. Position Management Please turn off the ringtone of your cell phone! THANK YOU VERY MUCH! harrievanb@gmail.com

3. EU position • There is no EU mandate on the architecture of the Civil Service in the Member States; • There is no EU mandate on the functioning of employees of the Civil Service organisations in the MS; • There is no EU mandate on the organisation of the Civil Service in the MS. harrievanb@gmail.com

4. EU position Source: Public Employment in EU Member States, 2010. harrievanb@gmail.com

5. EU position The EU sets a number of rulesandregulationswhich are of importance of HRM policy in the MS such as: • Directive 2006/54/EC of the European Parliament and of the Council of 5 July2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation. harrievanb@gmail.com

6. EU position harrievanb@gmail.com

7. Pay and grading system Remuneration System in the EU: • In 16 MSs, the salary system is regulated by law with pay bands and a specific amount of salary for each functional level or job category. • In 10 MSs (Austria, France, Greece, Hungary, Italy, Latvia, Lithuania, Luxembourg and Spain) salary increases are determined by seniority or years of service in the organization. • In 16 MSs (Austria, Denmark, Finland, France, Greece, Ireland, Italy, Latvia, Lithuania, Malta, the Netherlands, Portugal, Slovakia, Slovenia, Sweden and the United Kingdom) salary levels are determined by a positive performance appraisal via increases and bonuses. • In other countries, it is determined in accordance with qualifications and years of service although a positive performance appraisal may be rewarded with a performance-related bonus. harrievanb@gmail.com

8. Total of 32,600 EU staff FUNCTION (GROUP) • Senior manager 331 (1.0 %) • Middle manager 1146 (3.5 %) Non-management: • Official AD 10910 (33.4 %) • Temporary agent AD 487 (1.5 %) • Official AST 10193 (31.2 %) • Temporary agent AST 536 (1.6 %) • Contract agent 5903 (18.1 %) • Special adviser 64 (0.2 %) • Local agent 1978 (6.1 %) • Agent under national law 1118 (3.4 %) Total: 32,666 (100 %) harrievanb@gmail.com

9. The Commission's career system consists of a single pay scale with 16 grades. Within this pay scale, Assistants (AST) can occupy grades 1 - 11 while Administrators (AD) can occupy grades 5 - 16. EC- grades

10. Pay and grading system Basic elements: • Function / positon description • Matching payscalestofunctions harrievanb@gmail.com

11. Pay and grading system Trend: from traditional graded structure to broad band harrievanb@gmail.com

12. Pay and grading system • From 52,000 function descriptions to 15 function families in Belgum; • From 30,000 function descriptions to 8 function families in the Netherlands; harrievanb@gmail.com

13. Types of government Source: UN Report, 2005 harrievanb@gmail.com

14. Status of Competence-based Management (CBM) in the EU • CBM, aiming to improve HR systems, is one of the change strategies used by some member states. The initial experiences started in the 1980’s (Sweden and UK) and even now some countries are developing their competence frameworks (for example Portugal). • Member States are introducing CBM in the context of major changes and trends, such as downsizing, the changing role of managers or the introduction of changes in HR practices. In fact creating a more adequate method for selection, development, assessment or rewarding is the main problem addressed by CBM. harrievanb@gmail.com

15. Status of Competence-based Management (CBM) in the EU European public administrations are facing the common difficulties encountered by most organizations that decided to implement CBM: • the difficulty in specifying competencies and • determining their verification level and • problems about having a shared understanding about what competencies are and how to implement CBM practices. harrievanb@gmail.com

16. Status of Competence-based Management (CBM) in the EU harrievanb@gmail.com

17. Status of Competence-based Management (CBM) in the EU harrievanb@gmail.com

18. Status of Competence-based Management (CBM) in the EU Source: EUPAN - Human Resources Working Group harrievanb@gmail.com

19. Status of Competence-based Management (CBM) in the EU harrievanb@gmail.com

20. Status of Competence-based Management (CBM) in the EU harrievanb@gmail.com

21. Status of Competence-based Management (CBM) in the EU Professional groups involved harrievanb@gmail.com

22. Status of Competence-based Management (CBM) in the EU Practices focussed on harrievanb@gmail.com

23. Status of Competence-based Management (CBM) in the EU • One of the major issues of CBM programmes is the source of competences as well as the strategies for competence identification. • One of the distinguishing features of CBM is an increased sensitivity to organization goal’s and values. harrievanb@gmail.com

24. Status of Competence-based Management (CBM) in the EU • Besides using the organization as a source of competences, CBM implies the use of specific methods in determining the key features of frameworks. However, this is one of the most common problems faced by those who are in charge to develop competence portfolios. • Using a bottom-up approach to competence identification, and involving frequently non HR specialists in group projects, the process of identifying competences and respective behavioural observable indicators can turn out to be a tricky task. • Facing this huge difficulty, group members and organizations search for already developed solutions and buy competence portfolios from consultancy firms or adopt them from other similar organizations (benchmarking). harrievanb@gmail.com

25. Status of Competence-based Management (CBM) in the EU Methods of Identifying competences harrievanb@gmail.com

26. Status of Competence-based Management (CBM) in the EU Benefits of CBM for civil servants harrievanb@gmail.com

27. Status of Competence-based Management (CBM) in the EU Benefits of CBM for management harrievanb@gmail.com

28. Status of Competence-based Management (CBM) in the EU Benefits of CBM for Organisations harrievanb@gmail.com

29. Status of Competence-based Management (CBM) in the EU Main problems of CBM implementation harrievanb@gmail.com

30. Status of Competence-based Management (CBM) in the EU The future of CBM implementation harrievanb@gmail.com

31. Conclusions • After more than 30 years CBM still under construction in EU Member States • EU MSs have clearly chosen for an incremental approach: • Starting from one to many organizations; • Starting from one to many jobs. • Major difficulties encountered are: • Competence identification; • Having a shared understanding about what competencies are and how to implement CBM practices. harrievanb@gmail.com

32. Cross-cutting issues; key words • Rule of Law • Equality • Transparency • Accountability • Ethics harrievanb@gmail.com

33. Rule of Law There remains some ambiguity about what we mean by the very concept of the rule of law. The WJP (World Justice Project ) uses a working definition of the rule of law based on four universal principles: • The government and its officials and agents are accountableunder the law; • The laws are clear, publicized, stable and fair, and protect fundamental rights, including the security of persons andproperty; • The process by which the laws are enacted, administered and enforced is accessible, fair and efficient; • Justice is delivered by competent, ethical, and independent representatives and neutrals who are of sufficient number, have adequate resources, and reflect the makeup of the communities they serve. harrievanb@gmail.com

34. Rule of Law Index harrievanb@gmail.com

35. Rule of Law Index harrievanb@gmail.com

36. Rule of Law harrievanb@gmail.com

37. Rule of Law Index harrievanb@gmail.com

38. Rule of Law Index harrievanb@gmail.com

39. Gender equality • Convention on elimination of all forms of Discrimination against women CEDAW”(1979) • Equal remuneration convention (1951), ratified by China in 1990; • Directive 2006/54/ec of the European Parliament and of the Council of 5 July2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation; • EU Strategy for equality between women and men 2010-2015 harrievanb@gmail.com

40. EU 2010 -2015 Economic independence of women The Commission will undertake initiatives aimed at: • promoting equality as part of the Europe 2020 strategy and through EU funding; • promoting female entrepreneurship and self-employment; • assessing workers’ rights with regard to leave for family reasons; • assessing Member States’ performance with regard to childcare facilities; • supporting gender equality in matters of immigration and the integration of migrants. harrievanb@gmail.com

41. EU 2010 - 2015 Equal pay In order to contribute towards eliminating unequal pay, the Commission will: • with social partners, explore possible ways to improve the transparency of pay; • support equal pay initiatives in the workplace such as equality labels, ‘charters’ and awards; • institute a European Equal Pay Day; • seek to encourage women to enter non-traditional professions, for example in the ‘green’ and innovative sectors. harrievanb@gmail.com

42. EU 2010 - 2015 Equality in decision-making The Commission will: • propose targeted initiatives to improve the situation; • monitor progress made towards achieving the 25% target for women in top-level decision-making positions in research; • promote an increase in the number of women in the committees and expert groups established by the Commission, with the aim of achieving at least 40% female membership; • promote greater participation of women in European Parliament elections. harrievanb@gmail.com

43. EU 2010 - 2015 Gender equality in external actions The EU’s external policy will contribute towards gender equality and women’s empowerment. In this respect, the Commission will: • progress equal treatment between women and men in the candidate and potential candidate countries for accession to the EU; • implement the EU Plan of Action on Gender Equality and Women’s Empowerment in Development (2010-2015); • conduct a regular dialogue and exchange of experience with the European Neighbourhood Policy partner countries; • integrate equal treatment considerations into humanitarian aid operations. harrievanb@gmail.com

44. Belgium example • The Act 22 of April 2012 to reduce the pay gap between men and women (Moniteur belge 28 August 2012). • The new law for the first time provides that wage data must be included in the so called 'social balance' which an employer must publish. The wage data must be reported according to gender. • The new law ensures that the wage gap between men and women is a continuous theme of the social dialogue. The new law creates obligations to combat the wage gap between men and women on the national cross-industry level, the sectoral level and at the level of the enterprise. • The measures to be taken at the company level are as follows: In companies with 50 employees or more, a mandatory consultation within the undertaking must take place. The employer must carry out a detailed analysis of the remuneration structure within the company every two years. • The new law provides criminal penalties for employers who do not comply with the obligations. At the proposal of the works council or the safety committee, the employer can appoint an employee as a social mediator. The task of the social mediator is to support the implementation of the above measures to combat the pay gap between men and women. • The social mediator also mediates between the employer and individual employees who believe they are the object of discrimination based on salary. harrievanb@gmail.com

45. Equality • Gender equality • Minorities • Disabled people • Age harrievanb@gmail.com

46. Minorities To ensure that everyone living in the EU can benefit from effective legal protection against discrimination, the Council adopted two Directives in 2000: the Racial Equality Directive and the Employment Equality Directive. These Directives represented significant progress in ensuring protection against discrimination in the European Union. They have required significant changes to national law in all Member States, even those that already had comprehensive anti-discrimination legislation. The Member States are in the process of updating their legislation on sex discrimination in the light of Directive 2002/73/EC on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions. harrievanb@gmail.com

47. Minorities EU support for practical measures to tackle discrimination The objective of raising awareness has already been met by the Community action programme to combat discrimination. • A considerable proportion of the programme's human and financial resources has been devoted to transnational projects which bring together a range of groups and organisations. Other funding has been provided to the European Disability Forum (EDF), the European Network Against Racism (ENAR), the European Older Persons Platform (AGE) and ILGA-Europe (International Lesbian and Gay Association) as well as a number of smaller networks in the disability field. Reinforcing cooperation with stakeholders • The EU's anti-discrimination agenda has benefited from contributions from a range of stakeholders, including national authorities, the European Parliament, labour and management organisations and NGOs, regional and local authorities, the Committee of the Regions, academic experts and the European Union Monitoring Centre on Racism and Xenophobia harrievanb@gmail.com

48. Disabilities • Convention on the Rights of Persons with Disabilities , New York, 13 December 2006 (Ratifiedby the EU in 2010) • European Disability Strategy (2010-2020) • The new European Strategy for people with disabilities aims at improving their social inclusion, their wellbeing and enabling them to fully exercise their rights. To this end, the Strategy provides for complementary action at European and national levels. harrievanb@gmail.com

49. Disabilities Equality • Active policies must be implemented in order to promote equality at European level and in Member States. Furthermore, the Commission must ensure that European legislation is strictly applied to combat discrimination based on disability, particularly Directive 2000/78/EC for equal treatment in employment and occupation. Employment • European action must allow the number of disabled workers in the traditional labour market to be increased, in particular by introducing active employment policies and improving accessibility to workplaces. • Action is also required in collaboration with social partners to foster intra-job mobility (including in sheltered workshops), to encourage self-employment and to improve the quality of jobs. harrievanb@gmail.com

50. Age FRANCE - The bill on the “contrat de génération” was adopted by Parliament on 14 February 2013. The aim of this contract is the promotion of youth employment and the retention of senior employees at the same time. The “contrat de génération” is based on the following principles: • a company should hire persons younger than 26 on permanent contracts (CDI); • young employees should be accompanied by a senior employee of the company as part of a formal mentoring programme; • companies must commit keeping their senior employees until their age of retirement. harrievanb@gmail.com