The right to information and appeal
The right to information and appeal
According to Law No. 152/2013, achieving sustainability, professionalism, and efficiency in public administration can be achieved through special rules of admission to the civil service, performance of duty, and termination of employment of civil servants. An essential part of these special rules is the right to information and appeal, presented as a fundamental right of civil servants, and the right to appeal is a special rule in the civil service.
The right to be informed is undoubtedly an essential principle of the Constitution; it is protected and guaranteed by the new law on Civil Servants. Exactly, Article 45 initiates any administrative proceedings and any final decision related to his civil service relations. Also, every civil servant has the right to check their personnel file and request the change of its data within the legal framework. In cases when he claims a violation of the law or his rights, the law on the civil servant’s status enjoys the right to complain. Article 41, point 3 states that the civil servant has the right to appeal to the competent court for administrative disputes against any action or omission that violates his rights and legitimate interests in the civil service relationship.
Personnel files
DCM no. 532, dated 06.08.2014, is a decision that presents the procedure and administration of personnel files and the central personnel register. The decision stipulates that all state administration institutions, independent institutions, and local government units are obliged to create and administer each employee’s personnel file in their institution. “State administration institutions” means the Prime Ministry, the apparatus of the ministries, the institutions under the Prime Minister or ministers, the territorial branches, the direct service delivery units, the prefectural administration, as well as the autonomous agencies, except the institutions for which, according to their special law, personnel data are considered confidential.
The personnel file is individual and contains data of technical, professional character, disciplinary measures, data for the periodic evaluation of individual results at work, as well as other data, according to links 1 and 2, attached to this decision and its integral part. . The human resource management unit in each institution is responsible for maintaining and organizing personnel files for each employee. The personnel file is confidential.
The persons who have the right to get acquainted with this file are:
a) Direct superior;
b) Employees of the human resource management unit who are responsible for their maintenance and systematization;
c) The clerk/employee to whom the file belongs;
d) Civil Service Commissioner;
e) Department of Public Administration;
f) The Secretary-General;
g) Head of the Institution;
h) as well as other institutions charged by law.
According to the decision, the employee is obliged to respond immediately to the human resources management unit’s requests, for all the data defined in point 3, of chapter I, of this decision and notify about their change immediately. The clerk is responsible for the integrity of the data he provides for completing the personnel file. Upon employment termination, the employee returns the personal file, and the institution keeps a copy. Meanwhile, the Central Personnel Register is created and administered by the Department of Public Administration.
The Central Personnel Register is a unique electronic database. Information on active human resources is stored, processed, and managed mainly in all state administration institutions, independent institutions, and local government units. The Central Personnel Register reflects as primary data professional data, data on labor relations, education, recruitment, training, salaries, insurance, and the content of each employee’s personnel file in state administration institutions, independent institutions, and local government units.
The Central Personnel Register also contains information on the structure, organization, and payroll system for all state administration institutions, independent institutions, and local government units. State administration institutions must enter the primary data in the Central Personnel Register. Information on the structure, staffing, and salaries structure is entered into the Department of Public Administration system. Independent institutions and government units’ local innovations must enter the primary data, information on their design, and staff in the Central Personnel Register. Data on the form and values of salaries are entered into the Department of Public Administration system.
Secondary data, as elements of the personnel file administered by another state database, are supplemented through the interaction of the Central Personnel Register with other state electronic databases by the laws in force to coordinate databases. State data. The Central Personnel Registry database interacts with the National Civil Registry databases, the Social Insurance Institute, the Health Insurance Institute, the Treasury System, and the Tax Directorate in the Ministry of Finance.
The Central Personnel Register serves as a source of planning and information on salaries and payments of public servants through interaction with the Treasury System in the Ministry of Finance. The Department of Public Administration is the sole and full-fledged administrator of the Central Personnel Registry and is directly responsible for the database structure, the functional and operational side.
The decision assigns DoPA as the only authority which determines the rights and restrictions of operation in the electronic database of the Central Personnel Register, responsible for the creation, process, and well-functioning of all users with access privileges of the first level of electronic data of the Central Personnel Register and also approves the result of users and monitors the operations of all these other users with access privileges of the second level and below.
Users with first-level administrative privileges in state administration institutions, independent institutions, and local government units determine and are responsible for the respective actions in the electronic database of the Central Personnel Register of users with second-level access privileges and lower. All users in state administration institutions, independent institutions, and local government units must protect and confidentiality of access privileges to the Central Personnel Register’s electronic database and bear direct personal responsibility in case of violation. Of rules, negligence, or misuse of their level of access.
On the recommendation of the human resources management unit, the institution may request the Department of Public Administration to add to the personnel file other elements that it deems necessary for the proper functioning and specifics of that institution. DoPA must review the requests for changes in the respective links attached to this decision and, if approved, proposes these changes to the minister responsible for public administration.
A copy of all acts approved by the prime minister and the Council of Ministers, which produce effects related to the creation, merger or amalgamation of institutions, approval of salary structures and organizational charts of institutions, is sent to the Department of Public Administration for the effect of reflection of changes in the Central Personnel Register. On the Department of Public Administration’s proposal, the minister responsible for public administration approves the usage regulations and user manuals for the Central Personnel Register.
