Contract_Employment_Presentation_-_January_-_final - 29.01.13.ppt

Modernisation of the HRM

Architecture of the Public Service

Review of the Systems and Processes involved in the Management and Administration of

Contract Employment in Ministries and Departments.

Outline

• PART 1: Background to the Contract Employment Project;

• PART 2: Standardized Job Descriptions;

• PART 3: Application of Salaries and Terms and Conditions;

• PART 4: Preparation of Contracts of Employment;

• PART 5: Next Steps.

PART ONE: BACKGROUND

Background

• Civil Service Regulation 15 • Post April 1992 - contract employment was used:

Where there was a dearth of suitable candidates for permanent appointment to pensionable offices;

Where special projects or programmes of specified duration (often funded by international agencies) were undertaken by Ministries/Departments/Statutory Authorities and needed to be executed and monitored by persons additional to those on the permanent establishment; and

Where a need had been identified for the specialized services of an individual.

Current State• Contract Employment now used as a fast track

mechanism for securing staff at all levels to meet the immediate needs of Ministries/Departments:

– Number of persons employed on contract grew from less than 100 in 1992 to over 10,000 in 2010.

• Increased demands made on all agencies (PD, PMCD, CSS) involved in the administration of contract employment.

• Agencies all experience resource constraints.

Current State

• Delays in finalizing matters relating to contract employment.

• Dissatisfied employees awaiting Terms and Conditions of employment, on contract resulting in low levels of morale and productivity in Ministries and Departments.

• Issues pertaining to interim salaries and allowances.

Aims of The Project

• To respond to a request of the Board of Permanent Secretaries and Heads of Department for partial delegated authority.

• To address the challenges of Permanent Secretaries/Heads of Departments in effectively managing the contractual process.

• To review the contract employment systems and processes in relation to best practice.

• To update the systems and processes to achieve improvements in timeliness, consistency and reliability.

• To provide guidance and support in relation to the implementation of revised, updated systems and processes.

Activities Conducted

• Held discussions with:

Personnel Department; PMCD; and Office of the Chief State Solicitor.

• Engaged in Stakeholder consultations with: PSs/ Heads of Departments; DPSs; and Directors HR.

• Reviewed and analyzed systems of contract employment in other jurisdictions.

• Reviewed existing policies, guidelines, directives and statistics with respect to contract employment within the Public Service of Trinidad and Tobago.

• Assessed the areas in which contract positions are most commonly required and the job responsibilities being carried out.

• Collated and reviewed job descriptions in the areas within the Manipulative, Clerical/Secretarial, Human Resource, Communications and Legal streams.

• Developed recommendations for a more efficient and less time-consuming process of contract employment.

Activities Conducted

Findings

• Issues faced by the Personnel Department :

- A constantly increasing number of requests for Terms and Conditions;

- Internal staffing limitations;

- Extensive time delays due to:

o inadequate information provided by line agencies; o inconsistent and inadequate JDs;o the need to review rejected salaries and other terms; and o requests for interim salaries – thus having to deal twice

with salaries for any given position.

- Limited time lines for delivery.

Findings

• Issues faced by the PMCD:

- Many ‘last minute’ approaches for the extension of contract positions or for the creation of new ones;

- Internal staff constraints; and

- Need to undertake field investigations in the absence of information provided.

Findings

• Issues Faced by Line Agencies

- Delays in receiving the comments from PMCD on Notes for Cabinet seeking approval for the creation of contract positions;

- Delays in receiving responses from the Personnel Department on requests for Terms and Conditions of service for persons employed on contract.

- Delays in the execution of contracts.

- Inadequately staffed Agencies during the intervening period resulting in productivity being negatively affected;

- Issues with “interim salaries” when “final” salaries were determined, at a lower level, by the CPO; and

- HR personnel possess limited capacity.

Recommendations

CABINET HAS GRANTED APPROVAL FOR THE FOLLOWING:

•Development of consolidated, rationalized and standardized job descriptions and job titles in respect of positions in the following streams;

- Manipulative;- Clerical;- Secretarial;- Human Resource Management;- Communications; and- Legal.

•Establishment of salaries and other Terms and Conditions, as applicable, for the positions mentioned above.

•Establishment of six (6) year Contract Employment Staffing Plans for Ministries and Departments. •Preparation of Contract Documents in house i.e. by Legal Units/Legal Personnel of Ministries and Departments.

Expected Outcomes

• Reduced timeframe for the contractual process due to:

- Standardized JDs and predetermined salaries and other terms and conditions;

- The elimination of “Piece meal” approaches to the PMCD for extensions or the creation of new contract positions;

- In-house preparation of all contract documentation;

• Better execution by line agencies of their work/ action plans.

• Overall, more effective and flexible management of the contractual process by Permanent Secretaries/Heads of Department.

PART TWO: STANDARDIZED JOB

DESCRIPTIONS

Standardized Streams

• Communications • Human Resources • Legal• Clerical and Secretarial• Manipulative

Manipulative

Fifty (50) Job Descriptions were reviewed, and it was found that from the numerous positions across the public service, three (3) generic positions can be identified/ distinguished which are applicable to all Ministries and their various needs in the Manipulative class, these positions include:

– Hospitality Attendant– Office Support Assistant– Driver (Courier)

Clerical and Administrative

A number of Business Operations, Clerical, Secretarial and Administrative Job Descriptions were reviewed and a senior level position was created to coordinate the activities of the BOA Is and IIs. The resulting three (3) levels are:

– Business Operations Coordinator– Business Operations Assistant II– Business Operations Assistant I

Human Resources

AS AT FEBRUARY 15, 2013

The positions were collapsed into three (3) levels:•Central Agencies

- Head, Human Resources

- Senior HR Specialist- HR Specialist

•Line Agencies- Manager -Human

Resource - Senior HR Analyst- HR Analyst

EXISTINGEighty-One (81) Job Descriptions were reviewed and it was identified that there are six (6) distinct levels:

– Head – Human Resources– Senior Human Resource

Officer– Human Resource Officer III or

HR Officer with Specialist functions

– Human Resource Officer II– Human Resource Officer I or

HR Officer with operational duties for specialist functions

– Human Resource Assistant

•Clear distinction was also made in the job duties for Central and Line Agencies.

Legal


The positions were collapsed into the following six (6) levels:

-Director, Legal Services-Senior Legal Officer-Legal Officer II-Legal Officer I-Legal Research Officer-Paralegal

EXISTINGFifty-Three (53) Job Descriptions were reviewed revealing two functional charts being utilized which:

Included five (5) levels;– Director Legal Services – Senior Legal Officer – Legal Research Officer and Legal Officer II– Legal Research Assistant and Legal Officer

I– Legal Secretary/Legal Clerk

Included seven (7) levels:– Head, Legal Services Division– Senior Counsel or Senior Advisor – Legal Counsel/ Adviser III and Legal

Research Counsel II– Legal Counsel/Adviser II and Legal

Research Counsel I– Legal Counsel/Adviser I– Paralegal Officer

Communications


The positions were collapsed into the following three (3) levels:

•Central Agencies - Director, Government Communications- Senior Government

Communications Specialist- Government Communications

Specialist

•Line Agencies (Corporate Communications)

- Manager, Corporate Communications

- Senior Corporate Communications Officer

- Corporate Communications Officer

- Speech Writer (optional)- Graphic Designer (optional)

EXISTINGNinety-four (94) Job Descriptions were reviewed and it was identified that there are five (5) distinct levels:

– Head – Corporate Communications

– Communications Manager

– Senior Communications Officer

– Communications Officer– Communications

Assistant

PART THREE:APPLICATION OF SALARIES

AND TERMS AND CONDITIONS

Salaries and other terms and conditions for approved positions may be found in APPENDIX 2 of PD Circular Memorandum dated January 18, 2013

APPENDIX 2A : CLERICAL/SECRETARIAL CATEGORY

: MANIPULATIVE CATEGORY

: HUMAN RESOURCE MANAGEMENT CATEGORY

APPENDIX 2B : LEGAL CATEGORY

APPENDIX 2C : COMMUNICATIONS CATEGORY

Salaries And Other Terms And Conditions For Approved Positions In The Clerical/Secretarial, Manipulative, Human Resource Management, Legal And Communication Categories

•Salaries for the identified job categories were revised. Appendix 2 of PD Circular Memorandum dated August 16, 2012 was rescinded and should be disregarded.

•PD Circular dated August 16, 2012 has been replaced by PD Circular Memorandum dated January 18, 2013.

•Effective date of PD Circular Memorandum dated January 18, 2013 is February 15, 2013

•Requests for the determination of terms and conditions of employment of individuals employed from February 15, 2013 in the job categories identified in paragraph 3(i) of PD Circular Memorandum dated Jan 18, 2013 shall no longer be submitted to the PD.

PD Circular memorandum re Changes in administrative arrangements in respect of Contract Employment in the Public service

Note:

Salaries And Other Terms And Conditions For Approved Positions In the Clerical/Secretarial, Manipulative And Human Resource Management Categories

Implementation 1

In addition to the new implementation date, the salaries and allowances,

where relevant, for the identified categories at Appendix 2 of the PD

Circular dated Jan 18, 2013, have been reviewed and revised.

The approved salaries and other terms and conditions set out in Appendix 2

shall apply only to persons employed, on contract, on or after February 15,

2013 who satisfy all the requirements set out in the relevant job descriptions

at Appendix 1 of the said PD Circular dated Jan 18, 2013.

The salaries which have been established are based on the number of years

of a person’s employment, on contract, in the same or similar position in the

Public Service or a Statutory Authority subject to the Statutory Authorities

Act.


Implementation 2

Example, if an individual had been employed previously, on

contract, for a period of three (3) continuous years as a BOA I in the

Public Service, whether or not in the same Ministry/Department

account should be taken of that period of employment in determining

his/her salary for a subsequent period of employment in determining

his/her salary for a subsequent period of employment.

In such a case, he/she should be paid the salary applicable to a

person with three (3) years and more but less than six (6) years

service.


APPENDIX 2A

CLERICAL/SECRETARIAL CATEGORY

NAME OF POSITIONSALARY

February 15, 2013 to December 31, 2013 January 1, 2014 to December 31, 2016

Business Operations Coordinator with less than 3 yrs service $9,250 $9,850

Business Operations Coordinator with 3 yrs and more but less than 6 yrs service $9,650 $10,300

Business Operations Coordinator with 6 yrs and more service $9,850 $10,500

Business Operations Assistant II with less than 3 yrs service $7,500 $8,000

Business Operations Assistant II with 3 yrs and more but less than 6 yrs service $8,200 $8,750

Business Operations Assistant II with 6 yrs and more service $8,700 $9,300

Business Operations Assistant I with less than 3 yrs service $4,750 $5,150

Business Operations Assistant I with 3 yrs and more but less than 6 yrs service $5,100 $5,500

Business Operations Assistant I with 6 yrs and more service $5,400 $5,800

Appendix 2A


Business Operations Assistant I

1st Contract

Duration of Contract: Nov 1, 2013 to October 31, 2016 (3yrs)

Salary:

Nov 1, 2013 to Dec 31, 2013:

Jan 1, 2014 to May 31, 2016:

Driver /Courier 2nd Contract (Duration of 1sT Contract was 3 yrs in the Public service)

Duration of Contract: June 1, 2013 to May 31, 2016 (3yrs)

Salary:

June 1, 2013 to Dec 31, 2013:

Jan 1, 2014 to October 31, 2016:

$4750

$5150.00

$5350

$5750


Business Operations Assistant II (previous contract – 3yrs)

Minimum Experience and Training:

-4 yrs experience performing clerical duties

-5 GCE/CXC “O” Levels passes

Business Operations Assistant II with less than 3 yrs service $7,500 $8,000

Business Operations Assistant II with 3 yrs and more but less than 6 yrs service $8,200 $8,750

Business Operations Assistant II with 6 yrs and more service $8,700 $9,300

NAME OF POSITION

SALARY

February 15, 2013 to December 31, 2013 January 1, 2014 to December 31, 2016

Business Operations Assistant II(Current JD contained in New Circular dated Jan 18, 2013)

Minimum Experience and Training of standardized JD:

-4 yrs experience performing clerical/secretarial and administrative support duties

-Cert. in Public Admin or Advanced Business Executive Diploma

Jobs are not the

same

In using Appendix 2(A,B,&C) one would have observed that some of the job titles contained therein are identical to those being used for some existing contract positions in the Public Service :

• Business Operations Assistant I and II• Driver/Courier• Human Resource Specialist

It is important to note that the salaries at Appendix 2 are only applicable to the positions for which job descriptions have been provided at Appendix 1 in PD Circular Memorandum dated January 18, 2013.

Items to Note

Central HR Agencies: PD, MPA &SCD

o Head, Human Resourceo Senior Human Resource Specialisto Human Resource Specialist

Ministries/Departments other than where specified

o Manager, Human Resourceo Senior Human Resource Analysto Human Resource Analyst

Human Resource

Management Category

Items To Note

In the case of Legal positions outlined in Appendix 2B, except in the case

of the position of Legal Officer I, salaries are to be determined on the

experience of an individual as a practicing Attorney-at-Law.

An Attorney-at-Law is an individual who possesses the Legal Education

Certificate (LEC) or a recognized equivalent.

The experience may have been gained inside or outside the Public

Service.

In respect of the Legal Officer I the relevant experience must have gained

in the Public Service only.


Appendix 2B

LEGAL CATEGORY

NAME OF POSITION

SALARY ALLOWANCES

February 1, 2013 to December 31, 2016

Transport Facilities Subsistence (per day)

Special Allowance (per month)

Motor Vehicle LoanTransport Allowance

(per month)

Director Legal Services with 10 yrs to 15 yrs experience as a practicing Attorney- at- Law

$19,800 $140,000 $2,500 $100 $2,700

Director Legal Services with more than 15 years experience as a practicing Attorney- at -Law

$20,100 $140,000 $2,500 $100 $2,700

Senior Legal Officer with 8 yrs to 10 yrs experience at a practicing Attorney- at -Law

$19,100 $140,000 $2,500 $100 $2,500

Senior Legal Officer with more than 10 yrs experience as a practicing Attorney- at- Law

$19,600 $140,000 $2,500 $100 $2,500

Legal Officer II with 4 yrs to 6 yrs yrs experience as a practicing Attorney -at- Law

$15,900 $140,000 $2,500 $100 $1,500

Legal Officer II with more than 6 yrs experience as a practicing Attorney- at -Law

$16,300 $140,000 $2,500 $100 $1,500

Appendix 2B

LEGAL CATEGORY

NAME OF POSITIONSALARY ALLOWANCES

February 1, 2013 to December 31, 2016 Transport Facilities Subsistence (per day)

1st & 2nd Year of

Contract3 Year of Contract Motor Vehicle

LoanTransport

Allowance (per month)

Legal Officer I with less than

two (2) continuous yrs as a practicing Attorney- at -Law

in the service of Government

(less than 2 yrs as at the point of engagement)

$9,600 $12,400 $140,000 $2,200 $100

Legal Officer I with two (2) and more continuous yrs experience as a practicing Attorney- at -

Law in the service of Government

(2 or more yrs as at the point of engagement)

$12,400 $12,800 $140,000 $2,200 $100

LEGAL CATEGORYNAME OF POSITION

SALARYTRANSPORT ALLOWANCE

(per month)

February 1, 2013 to December 31, 2013

January 1, 2014 to December 31, 2016

Up to December 31, 2013

With effect from January 1, 2014

Legal Research Officer with less than 3 yrs service

$8,750 $9,200 $650 $800

Legal Research Officer with 3 yrs and more but less

than 6 yrs service

$9,000 $9,450 $650 $800

Legal Research Officer with 6 yrs and more service

$9,250 $9,700 $650 $800

Paralegal with less than 3 yrs service

$7,950 $8,350 $650 $800

Paralegal with 3 yrs and more but less than

6 yrs service

$8,200 $8,600 $650 $800

Paralegal with 6 yrs and more service

$8,450 $8,850 $650 $800

Ministry of Communications

o Director- Government Communication

o Senior Government Communications o Specialist

o Government Communications Specialist

Ministries/Departments

o Manager, Corporate Communications

o Senior Corporate Communications Officer

o Corporate Communications

CommunicationsCategory

Scenario

Mr. Y is currently employed on contract as a BOA I. His contract will come to an end by Feb 16, 2013. He does not satisfy the minimum requirements of the BOA I as per Appendix 1 PD Circular dated Jan 18, 2013

The Ministry he is assigned to is of the view that it is appropriate to re-employ Mr. Y in the same or similar capacity as BOA I (and re-employs Mr. Y as a BOA I on or after February 15, 2013).

Provision

Where an individual who is currently employed on contract is re-employed for a new contractual period on or after February 15, 2013 and does not satisfy the minimum requirements of the job and an organization is of the view that it is desirable that the person be re-employed in the same or similar capacity, he/she shall be engaged for a period not exceeding one (1) year and shall be paid the salary and other terms and conditions, where applicable, approved by the CPO in respect of his/her previous period of employment and not the relevant salary set out in Appendix 2 of PD Circular dated Jan 18, 2013

Clarification

Scenario

Mr. A’s, contract as a Driver/Courier ended on or after February 15, 2013. On completion of the contract he was immediately re-employed in the same or similar position and under that contract was in receipt of a salary approved by PD which is higher than that payable under PD Circular Memorandum dated Jan 18, 2013.

Provided that Mr. A :•possess the same requirements as the standardized position of Driver/Courier at Appendix 1 in the PD Circular dated Jan 18, 2013

•duties and responsibilities are same or similar to standardized position of Driver/Courier at Appendix 1 in the PD Circular dated Jan 18, 2013

•salary was previously approved by PD or Cabinet (not interim salary)

•was immediately re-employed.ProvisionIn the event that, immediately on completion of his/her current contract, an individual is re-employed in the same or a similar position and under his previous contract he/she was in receipt of a salary approved by the CPO which is higher that that payable under the terms of this PD Circular dated Jan 18, 2013, that individual shall retain the higher salary as personal to him/her for the duration of his/her contract. Should the salary of the contract position overtake his/her personal salary at any time during the period of his/her employment on contract, he/she shall be paid the appropriate salary applicable to the position.

Clarification

Finally And Important To Note

Absolutely no amendments are to be made to the approved documents except for the contracts for individual employees.

Such amendments would be in respect of the salary, allowances and leave applicable to the person engaged.

Vacation Leave

Vacation Leave eligibility is based on:- Salary - Service- Duration of contract

Terms And Conditions Of Employment Other Than Salary


Vacation Leave eligibility is based on:

Salary

Salary of up to $5,000 per month -15 working days in respect of each twelve (12) month period.

Salary in excess of $5,000 per month - 20 working days in respect of each twelve (12) month period.


Vacation Leave eligibility is based on:• Service

Six (6) or more years of continuous service on contract = 5 additional working days from the seventh (7th) year

• Duration of Contract

There is no entitlement to leave or other terms, except for salary and allowances, as applicable, where the term of engagement is of less than one (1) years duration.


Vacation and Sick Leave should not be pro-rated except in instances where a person is being employed for the remainder or unexpired period in a position which was “activated”. Such term of engagement should comprise of one year plus a part of another year.

Example A person is employed for one year and eight months and is eligible for 20 working days Vacation Leave. His/her eligibility would be as follows:

20 working days in respect of the first 12 month period; and13 working days in respect of the remaining eight months

8/12 x 20 = 13.3 whole days only are to be counted


Vacation Leave entitlement

• Where a person terminates his/her contract, that person is only entitled to Vacation Leave in respect of each completed 12 month period.

• If the person had been granted Vacation Leave before completing the 12 month period in respect of the 2nd or 3rd year, that person would have been overpaid and in that case the relevant accounting procedures should be followed.


Motor Vehicle Loan

• Where approved, should not be included in

contracts of less than three years duration.


Subsistence Allowance payable at the applicable rate

• when required to travel beyond a radius of sixteen (16) kilometres from official headquarters and where it is necessary to purchase a meal (s); and

• when on duty in Trinidad, in the absence of

the provision of any meal(s).


Maternity Leave

Applicable to female employees in accordance with the Maternity Protection Act, Chap. 45:57 and Act No. 7 of 2012.

Employment with Government for a period of not less than twelve continuous months.

GratuityNot to be included for persons who hold substantive appointments in the Civil/Teaching Service.

PART FOUR: PREPARATION OF CONTRACTS OF

EMPLOYMENT

Contracts of Employment

• The approved terms and conditions of persons employed, on contract, other than salary and allowances are outlined in Schedules.

• Schedules form part of the contract.

• Schedule to be used, as detailed at Appendix 4, is based on the following:- Duration of term of engagement;- Male or female employee;- Whether transport facilities are applicable; and- Whether the person engaged is a public officer or

non-public officer.

Contracts of Employment

• Refer to Appendix 3 of Folder for Sample Contracts to be utilized for the employment of individuals, on contract; and

• Refer to Appendix 4 of Folder for Schedules Outlining Conditions Of Contract.

Copies of all contracts of employment executed on or after February 15, 2013 as well as incumbent’s Curriculum Vitae are to be submitted electronically to the Personnel Department in PDF format within one (1) month of the date of execution of the relevant contract.

Monitoring of New Arrangements

PART FIVE: NEXT STEPS

Next Steps

• HR Divisions to meet with their contract employees individually or by division to:– sensitize them to the changes to be effected as at 15.02.13;– sensitize staff on the transition arrangements.

• HR Divisions to confer with PMCD to determine alignment of position to standardize JD and the requisite number of employees per Organizational Structure;

• Legal Divisions to ensure that contracts are aligned to the peculiar nature of each contract of employment as per the identified schedules;

• PMCD to work with line agencies to develop their 6 year Contract Employment Staffing Plans with effect from February 1, 2013;

• MPA to work on standardization of JDs in other streams such as Information Technology, Monitoring and evaluation etc. in Phase Two of the programme.

QUESTIONS OR CONCERNS

• Contact:– Laura Seupersad:

[email protected] – Eden Pope: [email protected]

– 623-4724• Laura ext 2239 • Eden ext 2228

– Gold to Diamond Queries: [email protected]

mailto:[email protected]

mailto:[email protected]

QUESTIONS AND COMMENTS

MINISTRY OF PUBLIC ADMINISTRATION