PROFFESIONALISM
ADEQUATE
MOTIVATION
NEWSLETTER NO.05
MAY 31, 2011
EFFFICIENCY
Civil Servants’
Management
► Single Classifier of Civil Service Positions –
classification and hierarchization tool
On May 3, 2011 the Government approved the draft law on the single classifier of
civil service positions, which classifies and ranks all the positions in civil service. The
new job classification system will be used to design the grading and pay systems in civil
service. Therefore, for the pay system to be fair, the classification and grading system
needs to be highly objective and accurate.
One of the benefits of the system is that it will make sure that all the positions in
civil service are fairly differentiated depending on the complexity of tasks, managerial and
decision making responsibility, place of the public authority in the public administration
system. It will also provide generic descriptions to be used as reference for job
descriptions, thereby helping to
improve
clarity/transparency
of
various types of positions in civil
service.
Each title of civil service
position /group of civil service
positions will have a code, a generic
description
and
minimum
requirements.
The
generic
description
provides key information about the scope; complexity of tasks; professional skills
required, including managerial and decision-making skills for management positions;
autonomy in fulfilling tasks.
The minimum requirements to incumbents relate to the minimum number of years
of relevant experience, certification in the sphere of activity (if appropriate), proficiency
in an internationally spoken language (English, French, German) (if appropriate),
computer skills. These are general requirements used to recruit, promote or transfer
candidates. The public authority, in turn, may formulate its specific requirements, given
the peculiarity and nature of tasks.
The mandatory use of names of civil service positions from the Classifier by the
public authorities will make it easier to match a position when a civil servant is transferred
from one authority to another; plan efficiently the budget required for the remuneration of
civil servants both at authority level and nation-wide; design and put in place a new pay
system in civil service.
The approval of the aforementioned draft is part of the public administration reform
and enforcement of Law no.158-XVI of July 4, 2008 on the public office and status of
civil servant, as well as of the Governance Program „European Integration: Freedom,
Democracy, Welfare”.
The draft is currently under the Parliament’s review.
► Training of Trainers –
the most efficient way to share knowledge
In the everyday life, with so many requirements and permanent changes and
innovations, it is not enough to have a good job - we need to improve, we need ongoing
training. Here the trainers play a special part; trainers are not just teachers. The concept of
trainer is broader and more complex. Who are the trainers? There is no specific answer to
this question, because any professional can become a trainer. The person just must want to
become a trainer and have relevant skills like communication, presentation, planning
skills and many, many others. The Training of Trainers (ToT) has been conceived to
address the gap of required skills. The ToT is popular in many areas, because any
specialist needs training and, as such, trainers. They are meant to train the trainers in
various learning methods, planning of training, adult learning etc.
To facilitate the ongoing training of civil servants, the Personnel Policy Division
within the State Chancellery developed a Training of Trainers held in the period of May
24-27, 2011 within the Academy of Public Administration attached to the President of the
Republic of Moldova. For efficiency purposes, the public authorities were asked to
appoint each 2-3 persons for this training - future trainers in their authorities; the
Personnel Policy Division, in turn, selected 20 applications that complied best with the
criteria made public beforehand.
The training has three modules (the first one has been already successfully
completed, and the following two are expected to be held in the second half-year) lasting
3-4 days each.
The trainees had the chance to learn the peculiarities of training public
administration staff, the training forms and participatory methods; develop the skills for
planning, organizing, performing
and evaluating training activities in
the area they work with.
„This training is necessary,
because my colleagues and I are
sometimes engaged in internal
training where we need to display
the skills that we have acquired
during this training. The training
methodology issue was useful to us,
as we have learned how to make a
seminar interesting for the trainees.
Although I criticize more often than praise, this training deserves praise!” – Liliana
Buliga, senior consultant, HR unit, Ministry of Labour, Social Protection and Family.
„This is the first training of this kind I am attending and it is worth the effort. I have
experience in teaching (I was a university lecturer in the past) and here I had the chance
to improve my knowledge, mainly in terms of adult learning and learning styles.” –
Nadejda Beciu, main specialist, Division for Investment Policies and Export Promotion,
Ministry of Economy.
During the training the trainees will acquire skills to deliver both internal training
within the public authority and external one, outside the public authority.
► New guidance for public authorities is underway
The Personnel Policy Division within the State Chancellery is working on a new
guidebook entitled „Professional development of staff in a public authority: internal
training”. The guidebook will make an overview of the regulatory framework on the
professional development of civil servants; provide the concept of internal training as part
of the professional development of staff; objectives and funding of the training process;
training suppliers; training stages; certain issues related to the procurement of training
services; responsibilities of stakeholders in the internal training; methods to deliver
internal training etc.
The idea of a guidebook came from the HR practitioners from central and local
public administration authorities who asked for informational and methodological support
to facilitate the planning and delivery of training.
The guidebook is meant for the managers of the central and local public
administration authorities, managers and staff of various internal units, in general, and HR
units in particular. It can also be used by management and execution civil servants who
deliver internal training and providers of training services, and other stakeholders.
The guidebook on professional development of staff in a public authority is
expected to see the light of day in June 2011 and to be issued in 2500 copies and will be
shared with central and local public authorities.
Methodological assistance to public authorities
For HR units
Incompatibilities with civil service positions1
In relation to this, several issues, critical to the uniform and accurate enforcement of
legal provisions need to be made clear.
The incompatibilities with civil service positions is regulated by art.25 of Law
no.158 - XVI of July 4, 2008 on the public office and status of civil servant (hereinafter
Law no.158-XVI).
1. Pursuant to paragraph (1) of art.25 of Law no.158-XVI, a civil servant
cannot hold two civil service positions at the same time.
However there is an exception to this rule, provided for in paragraph (3), which
says that a civil servant can fulfil, along with his/her duties and tasks, those of a temporary
vacant civil service position in his/her public authority. The stress here is on the word
„temporary” and „within the same public authority”. Last, but not least, the person
empowered to appoint must issue an administrative act to allow a civil servant to hold two
jobs. Otherwise, the case will be similar to the temporary substitution of a civil servant
who is on vacation.
The exception relates to a temporarily vacant execution position only. As for the
management and top management positions the notion „interim performance” shall apply,
as stated in art.49 of the aforementioned piece of legislation.
2. In accordance with paragraph (2) art.25 of Law no.158-XVI a civil servant may
not carry out other paid activities:
a) within public authorities, with several exceptions defined in legislation.
1
This material does not relate to the conflicts of interest of civil servants and the restrictions in the hierarchy of
positions. These two issues will be addressed in a separate material.
This means that regardless of the type of the paid activity, the civil servant may
not perform such activity in a public authority.
Since there are no special regulations to define the legal relations associated with
the term „within public authorities” as stated in item a) paragraph (2), art.25 of Law
no.158-XVI, the provisions regulating similar relations (analogy) shall apply, i.e. item c)
of the same article and paragraph. Therefore, a civil servant may not carry out other paid
activities deriving from an employment
contract or any other civil contract
signed with any public authority. A
public authority is any entity that
relates to the definition given for
public authorities in art.2 of Law
no.158-XVI.
As for the exceptions referred to
at item a), they relate to the cases when
the law states expressly the possibility
for a civil servant to work in public
authorities. For instance there is special
Sergiu Litvinenco, legal consultant in civil
legislation that allows a civil servant to
service issues
serve as a councillor in a local/rayonal
council (Law no.436-XVI dated December 28, 2006 on the local public administration;
Law no.768-XIV dated February 2000 on the status of local councillors).
b) while in a political position or while holding a position within the office of a
political appointee, except for the cases when his/her service is suspended for the
respective period under the law.
Things are quite clear here: a civil servant may not be a political appointee or
may not hold a position in the cabinet of a political appointee, unless his/her service is
suspended for the term of office in the political position or position in the cabined of the
political appointee.
However, it should be noted that suspension of the service of a civil servant
appointed or elected to the political position or position in the cabinet of a political
appointee is not the only way to clear up the incompatibility. The concerned civil servant
may submit a notice of resignation, which comes into effect after 14 calendar days from
submission or within the period specified in the notice, if it is the case of being elected as
politician.
c) on employment contract or any other civil contract, within private companies,
cooperatives, state-owned or municipal enterprises, as well as non-profit organizations,
from the public or private sector, which are under control, accountable to or in some
respect related to the scope of the authority he/she works for, except for the scientific,
teaching, creative activities, as well as those involving representing the state in
enterprises.
A look at the aforementioned provision using the per a contrario argument of the
logical interpretation method leads us to several conclusions:
(i) A civil servant may carry out any paid activity based on employment contracts
or any other civil contract in private companies, cooperatives, state-owned and
municipal enterprises, as well as non-profit organizations, from the public or private
sector, except for the entities which are under the control of, accountable to or in some
respect relates to the scope of the public authority of the civil servant.
Therefore this provision has nothing to do with the control, accountability lines or
competence of the civil servant in relation to the entity where the civil servant takes the
second job, but to the control, accountability lines or competence of the public authority in
relation to that entity. In fact, it is not the position of a civil servant that matters, or
whether it has anything to do with the entity where the civil servant is taking or will take
the second job. It is the control, accountability lines between the public authority and the
concerned entity that matter, and if, in some respect, the entity has anything to do with the
scope of the public authority.
It should also be noted that the meaning of the phrase „under the control of,
accountable to or in some respect relates to the scope of the public authority of the civil
servant” is not defined in any regulation, which means that the person empowered to
appoint must, as prescribed by legislation, refer it to cases of incompatibility.
(ii) Even if the private companies, cooperatives, state-owned or municipal
enterprises, as well as the non-profit organizations, from the public or the private
sectors, where the civil servant takes or will take the second job are under control, the
civil servant may carry out scientific, training, creative activities and represent the state
in enterprises.
All the issues related to part-time jobs of civil servants, with particular reference to
teaching, scientific work, art and representation of the state in enterprises are detailed in
the Rules on part-time jobs for civil servants, approved through the Government Decision
no.201 of March 11, 2009 as amended (annex no.4).
According to these rules, a civil servant may take additional jobs in his/her hours
and days off. The only activities that may be carried out during the working hours are
teaching (no more than 6 hours per week) only with the agreement in writing of the head
of the public authority, and representation of the state in enterprises, as described in the
Regulation on the representation of the state in enterprises, approved through the
Government Decision no.1053 dated November 11, 2010.
Any other activities allowed to the civil servant will be carried out in his/her hours
and days off. Teaching may be also practiced in the civil servants’ days and hours off, and
in this case it has no restrictions in terms of the time.
3. Apart from the incompatibilities mentioned above, according to art.25 paragraph
(4) of Law no.158-XVI, a civil servant may not act as a representative of a third party in
his/her public authority, including in respect to actions related to the position he/she holds.
A “representative” here means the person entrusted to do something. The term will
not confine to the meaning used in the entrustment agreement as defined in art.1030-1052
of the Civil Code of the Republic of Moldova.
4. In case any of such incompatibilities are detected, the provisions of art.25
paragraph (6); article 57, item j) and art.64 item c) of Law no. 158-XVI shall apply.
Therefore, according to art.25 paragraph (6) of the aforementioned piece of
legislation, a civil servant engaged in activities incompatible with the position held
receives a notice in writing by the head of the public authority, requiring him/her to quit
the incompatible activity. If after one month from the receipt of the notice the civil servant
does not comply with the requirement, he/she is dismissed. On one hand, this deadline is
given for the administrative removal of incompatibilities, and on the other hand - as a
specific sanction for the civil servant’s unresponsiveness.
Therefore, once any incompatibility is detected, the manger must give a written
notice to the civil servant to quit the activity incompatible with the civil service position.
If after one month from the receipt of the notice the civil servant does not comply with
it, the head of the authority must issue an administrative act for the dismissal of the
civil servant pursuant to art.64 item c) of Law no.158-XVI. In other words, the dismissal
under art.64 item c) shall apply to any civil servant who takes no action to clear up the
existing incompatibility. In fact, the period of one month provided in legislation is given
in the civil servant’s interest.
Apart from that, art.57 item j) of Law no.158-XVI says that noncompliance with the
provisions related to the obligations, incompatibilities, conflict of interest and restrictions,
is regarded as misconduct.
Therefore, even if a civil servant clears up the incompatibility within the
timeframe given in the notice of the head of the authority, he/she can be imposed, if
such be the case, disciplinary sanctions, because he/she did not comply with the
imperative legal provisions related to the incompatibilities, as defined in paragraphs (1)
to (4) of article 25 of Law no.158-XVI.
It should be noted that depending on the circumstances, seriousness and period of
the incompatibility, the disciplinary commission might advice the head of the authority,
after a prior investigation and other procedural measures stated in the law, the dismissal as
a disciplinary sanction. Here art.64, item a) or b) shall apply, instead of art.64 item c) of
the Law no.158-XVI.
Personnel Policy Division within the State Chancellery
Tel.: (0 22) 250 137; e-mail: dpc@gov.md
www.rapc.gov.md