public institutions including public administrations are composed of different groups of people working in them:
- Some of these people were elected directly or indirectly by citizens or appointed by organs of democratic representation (for example, deputies, members of the TC ...). Play a temporary position, its continuity depends on the person who appointed them to continue to maintain confidence. Other preson
- part of any administrative body, in most cases collegial and consultative. His appointment and continuity depends on trust that they deposit the representative organizations of interest (employers, unions, NGOs) or an election in a restricted area (parents of students in a school forming part of the council). Generally no fixed salary.
- There are people who work with the Administration as volunteers or donors.
There public employees who are tied to the Administration through a contract of employment, as they could be with a private company, governed their employment or professional relationships for the D ° of work. This group is expanding and there is talk of a process of public employment labourization.
Yet most public employees in the Administration admitted by appointment by competent authority and after passing a test basis, governed their relationship with the administration by a special administrative law, these employees are called officials .
The legal function pública se caracteriza porque las condiciones de empleo no se establecen en un contrato o convenio, sino que se determinan por leyes, reglamentos, que los poderes públicos aprueban o modifican unilateralmente, se trata por tanto de una relación estatutaria, no contractual. Aunque hay que reconocer que gana terreno una pseudo negociación colectiva entre la Administración y los funcionarios públicos previa a la aprobación de normas se mantiene la diferencia entre personal funcionarial y laboral.
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