PublicServicePolicy2010
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PUBLIC SERVICE POLICY 2010
Public Service Policy 2010 Arrangement of Policies
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PUBLIC SERVICE POLICY 2010
Arrangement of Policies
Policy
PART I - PRELIMINARY 5
1 Short Title and Commencement .................................................................. 5
2 Interpretation ................................................................................................ 5
3 Purpose........................................................................................................ 5
4 Instructions................................................................................................... 6
5 Application........................................................................................................ 6
6 Copy of this Policy to be provided ................................................................... 6
7 Official Secrets Act ...................................................................................... 6
PART II - ORGANISATION AND CLASSIFICATION 6
8 Permanent employees ....................................................................................... 6
9 Contract employees ........................................................................................... 6
10 Daily Paid Labourers and Casual Employees ................................................ 7
11 Effective and Efficient Structures ..................................................................... 7
12 Post Minimum Requirements ............................................................................ 7
PART III - STAFFING 7
13 Recruitment ....................................................................................................... 7
14 Merit principle .............................................................................................. 7
15 Induction ...................................................................................................... 7
16 Re-employment ........................................................................................... 7
17 Probation ........................................................................................................... 8
18 Permanent transfers .................................................................................... 8
19 Transfer Expenses and Allowances ..................................................................... 8
20 Redundancy of Post ................................................................................... 8
21 Termination of service ...................................................................................... 8
Arrangement of Policies Public Service Policy 2010
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22 Pre-termination Leave ................................................................................. 8
23 Notification of Termination .......................................................................... 8
24 Resignation .................................................................................................. 9
25 Retirement ................................................................................................... 9
26 Instructions ................................................................................................... 9
PART IV – EMPLOYMENT CONDITIONS 9
27 Application ........................................................................................................ 9
28 Hours of work and attendance .................................................................... 9
29 Leave ............................................................................................................... 10
30 Authority for Leave ......................................................................................... 10
31 Allocation of Government housing ..................................................................... 10
32 Performance Management procedures ................................................................. 10
33 Performance Awards ....................................................................................... 11
34 Eligibility for Performance Awards ................................................................... 11
35 Chief Executive Officer’s Performance Agreement............................................. 11
36 Format ............................................................................................................. 11
PART V - REMUNERATION AND ALLOWANCES 12
37 Principles of the Remuneration System ........................................................ 12
38 Remuneration and allowances .......................................................................... 12
39 Control of salaries and wages costs .......................................................... 13
40 Classification, Grade and Remuneration Level ....... ....................................... 13
PART VI - EDUCATION, TRAINING AND DEVELOPMENT 13
41 Principles .................................................................................................... 13
42 Training instructions .................................................................................. 13
PART VII - MISCELLANEOUS 14
43 Government transport ...................................................................................... 14
44 Corporate Plan ........................................................................................... 14
45 Annual Management Plan ........................................................................ 14
46 Annual Report ................................................................................................. 14
47 Official correspondence ............................................................................ 14
48 Human resource files ................................................................................. 14
PART VIII - DIPLOMATIC AND CONSULAR SERVICES 15
49 Application ...................................................................................................... 15
50 Appointment ............................................................................................... 15
51 Conditions for locally-recruited employees ................................................... 15
52 Instructions relating to diplomatic and consular services .................................... 15
53 Repeal and Transition...................................................................................... 15
Public Service Policy 2010 Policy 1
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PUBLIC SERVICE POLICY 2010
PUBLIC SERVICE ACT 2002
IN EXERCISE of the powers conferred by section 23 of the Public Service Act
2002, the Public Service Commission with the approval of Cabinet, makes the
following Policy-
PART I - PRELIMINARY
1 Short Title and Commencement
(1) This Policy may be cited as the Public Service Policy 2010.
(2) This Policy shall come into force on a date to be declared by the Public
Service Commission.
2 Interpretation
In this Policy, unless the context otherwise requires –
“Commission” means the Public Service Commission;
“employee” means a person employed in the Public Service; and
“Chief Executive Officer of the Commission” means the Secretary of the
Public Service Commission appointed under the Public Service Act 2002.
3 Purpose
The purpose of this Policy is to set out the general policies for the Public Service.
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4 Instructions
The procedures for applying these policies shall be set out through Instructions
issued by the Commission.
5 Application
(1) This Policy applies to all employees who are employed in the public service.
(2) Persons who are appointed to fill designated posts n a contractual basis are
subject to the terms of this Policy, provided that the contract shall prevail if
there is any provision inconsistent with this Policy.
(3) Not-withstanding sub-policy (2) contracts shall be subject to the Public
Service Act.
6 Copy of this Policy to be provided
(1) The Commission shall ensure that a copy of thisPolicy is available to all
employees.
(2) Every Chief Executive Officer shall ensure that the employees in his Ministry
are aware and understand this Policy.
(3) Employees shall familiarise themselves with the Policy.
7 Official Secrets Act
Employees shall take the oath set out in the Schedule to the Official Secrets Act
within one month of their appointment.
PART II - ORGANISATION AND CLASSIFICATION
8 Permanent employees
(1) Permanent employees shall be appointed to permanent posts funded from the
annual estimates of the relevant Ministry.
(2) Permanent posts may be established on a full time or part time basis, or on
contract.
9 Contract employees
(1) Contract employees shall be appointed for a fixed term on an individual
contract.
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(2) All appointments on contract shall be approved by the Commission before
any remuneration is paid out.
10 Daily Paid Labourers and Casual Employees
(1) Daily paid labourers and casual employees shall be employed only for work
that is for a short term period, provided that such employment shall be for a
period not exceeding four months, or for a total accumulated contract period
not exceeding seven months in any financial year.
(2) Daily paid labourers and casual employees are to be used only for unskilled
work.
11 Effective and Efficient Structures
The Chief Executive Officer shall organize the Ministry’s work in order to optimize
effective and efficient operations.
12 Post Minimum Requirements
The Commission shall set through Instructions the mini um requirements and
specifications for each job classification and grade of a post.
PART III - STAFFING
13 Recruitment
The Commission shall issue Instructions for recruitment and employment in the
public service.
14 Merit principle
All appointments and promotions shall be based on the merit principle and in
accordance with Instructions issued by the Commission regarding recruitment.
15 Induction
New employees shall undergo an induction training organised by the Commission.
16 Re-employment
Subject to the Constitution, former employees are entitl d to be re-employed in
accordance with Instructions issued by the Commission.
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17 Probation
New employees shall initially be employed for a probationary period as determined
in Instructions issued by the Commission.
18 Permanent transfers
Employees may be permanently transferred within a Ministry to a new station in a
substantive capacity for an indefinite period.
19 Transfer Expenses and Allowances
The Commission shall, with the approval of Cabinet, determine the appropriate
allowances to be paid to employees who are transferred either permanently or
temporarily to another station.
20 Redundancy of Post
(1) The Commission may decide that an established post be made redundant, in
accordance with Instructions issued by the Commission.
(2) Redundancy may be either voluntary or involuntary and shall be implemented
according to Instructions issued by the Commission.
21 Termination of service
(1) The Commission may terminate the employment of permanent or contract
employees, provided that the Commission is a party to he contract.
(2) The relevant Chief Executive Officer, with the consent of the relevant
Minister, shall have the power to terminate the employment of daily paid
labourers and casual employees.
22 Pre-termination Leave
Pre-termination leave may be granted to an employee before the date of resignation
or retirement, which shall consist of the balance of annual leave due to the employee
at the date notification of resignation or retirement is made.
23 Notification of Termination
The Chief Executive Officer shall as soon as practic ble be responsible for notifying
terminations of employment or intentions to terminate employment to the
Commission and the Ministry of Finance.
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24 Resignation
Permanent staff shall give 20 working days notice prior to resignation.
25 Retirement
Employees shall retire on attaining the age of 60 years, unless otherwise approved
by the Commission and shall be based on an exigency basis.
26 Instructions
The Commission may issue Instructions regarding the following matters –
(a) entitlements at retirement;
(b) periods of notice;
(c) termination of employment on grounds of ill health;
(d) entitlements on termination of employment under paragraph (c);
(e) dismissal;
(f) death of an employee;
(g) Government’s responsibility on the death of an employee;
(h) entitlements of next-of-kin at the death of a retired employee unless otherwise
stipulated by law; and
(i) any other matter relating to staffing.
PART IV – EMPLOYMENT CONDITIONS
27 Application
This Part applies to all employees except –
(a) school teachers whose attendance is stipulated by the Ministry of Education;
or
(b) sea-going crews of fishing and research vessels, who are remunerated on a
salary plus bonus system and are not subject to conditi ed hours or paid
overtime.
28 Hours of work and attendance
The Commission shall set by way of Instructions the conditions for hours of work
and attendance in addition to the following -
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(a) employee’s responsibility;
(b) supervisor’s responsibility;
(c) overtime; and
(d) any other matter consistent with the objectives of the Public Service Act.
29 Leave
(1) Public servants shall have the following leave entitlements:
Leave Type Entitlement
Annual Leave 20 working days
Sick Leave
(out patient)
15 working days
Sick Leave (in patient) 30 working days
Maternity Leave 3 months (calendar days)
Paternity Leave 5 working days
Leave Without Pay 20 working days
Casual Leave 7 working days
(2) Annual leave shall not be carried forward to the next year.
(3) The Commission shall have the authority to grant leave other than those
specified in sub-policy (1).
30 Authority for Leave
(1) The Chief Executive Officer may approve leave for employees.
(2) The relevant Minister may approve leave for his Chief Executive Officers.
31 Allocation of Government housing
Allocation and other matters relating to Government housing shall be decided by the
Housing Committee in accordance with the priorities and conditions determined by
Instructions issued by the Commission.
32 Performance Management procedures
The Commission may issue Instructions establishing procedures to be used to assess
the annual performance of employees.
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33 Performance Awards
(1) Performance awards may be granted to employees based on assessment of
annual performance in accordance with the performance management system
prescribed by the Commission or as determined by the C ief Executive
Officer.
(2) Performance awards under sub-policy (1) may be paid out by increment or in
lump sum, or in other forms determined by the Chief Executive Officer.
34 Eligibility for Performance Awards
(1) The Commission may issue Instructions for Ministrie to determine those
employees eligible for performance awards.
(2) The following shall be the threshold for consider ng performance awards –
(a) at the commencement of the review period, there is a current position
description that establishes the performance expected in the post;
(b) there is a mid-year review that indicates that performance above the
standard required for the post is being achieved;
(c) there is an annual performance appraisal that confirms the performance
level; and
(d) all three of the above requirements are attested as true and correct by
the supervisor, their manager and the Chief Executive Officer.
35 Chief Executive Officer’s Performance Agreement
(1) The Chief Executive Officer shall prepare an anual performance agreement
to be agreed to with the Minister.
(2) The Commission shall assist the Minister in reviewing and assessing
performance agreements of Chief Executive Officers.
(3) Performance Agreements shall specify the achievem nts in key result areas
expected of the Chief Executive Officer and provide th basis for annual
performance assessment.
36 Format
The basic format of performance agreements shall be pr scribed through
Instructions issued by the Commission.
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PART V - REMUNERATION AND ALLOWANCES
37 Principles of the Remuneration System
The following principles shall apply to remuneration paid to employees –
(a) remuneration shall be affordable to the Governmt, fair and appropriate
within the national economy;
(b) remuneration policy shall link job performance with the pay of deserving
employees;
(c) job evaluation shall be used to assess or re-ass ss the grade of any post;
(d) the responsibilities actually carried out by an post holder shall be the same as
those assessed by job evaluation to determine the gradin of the post;
(e) salary scales shall be reviewed formally at least once every 3 years to consider
salary variations in the various job classes and recruitment-retention issues;
(f) a fair and reasonably objective system of performance appraisal shall be
applied to determine employees deserving recognition f r their job
performance;
(g) salary scales shall be adjusted periodically in response to cost of living
changes;
(h) salary increments shall be used to give recognition to employees with a job
performance that is outstanding;
(i) a lump sum payment in lieu of a salary, increments may be granted to
deserving employees at the top of their respective salary scale;
(j) employees may receive a salary increment(s) for the attainment of a
substantive, high level, relevant qualification from a recognized tertiary
institution and professional qualification;
(k) the Chief Executive Officer shall negotiate on behalf of an employee with the
Ministry of Finance an affordable rate of repayment of any overpaid salary to
an employee; and
(l) any changes in remuneration may be implemented over time and as they
become affordable to the Government.
38 Remuneration and allowances
The Commission shall issue Instructions on remuneration and allowances based on
the above principles.
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39 Control of salaries and wages costs
(1) The Commission shall undertake a review of remuneration paid in the public
service every three years.
(2) The Commission may submit to Cabinet a general wage adjustment that is
linked to the performance and reform of the public service, taking into
consideration the principles of the remuneration system set out in policy 37.
(3) Chief Executive Officers shall ensure that there is an adequate system of
control over the employment and the extent of all salaries and wages costs.
(4) Chief Executive Officers shall ensure that detail d internal instructions are
issued to accounting officers, time-keepers and supervisors, on the method to
be used for the recording and checking of attendance and of overtime
authorized and worked.
40 Classification, Grade and Remuneration Level
The Commission shall determine the remuneration of all posts.
PART VI - EDUCATION, TRAINING AND DEVELOPMENT
41 Principles
(1) Education, training and development of all public servants are an integral part
of the Commission’s planning.
(2) Employees shall be given an opportunity to develop their full potential within
a learning institution in order to strengthen productivity.
(3) Employees are encouraged to work together with their respective Chief
Executive Officer to develop learning plans that enhance their professional
development and support the needs of their Ministry.
42 Training instructions
The Commission may issue instructions regarding –
(a) training plans;
(b) short-term training;
(c) long-term training; and
(d) any other matter relating to education, training and development of
employees.
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PART VII - MISCELLANEOUS
43 Government transport
(1) Government vehicles and vessels are the property of His Majesty’s
Government.
(2) Vehicles and vessels may be transferred at agreement between Chief
Executive Officers.
(3) The Commission may, in consultation with the relevant Chief Executive
Officers, withdraw a vehicle or vessel from a Ministry and transfer it to
another Ministry.
(4) The Commission may issue Instructions on the detail of implementation of
this policy.
44 Corporate Plan
(1) Chief Executive Officers shall, with the consent of the relevant Minister,
submit to the Ministry of Finance and the Commission an updated three-year
Corporate Plan on a date to be specified by Instructions issued by the
Commission.
(2) The Commission, after consultation with the Ministry of Finance, shall issue
an Instruction that specifies the procedures and format for Corporate Plans.
45 Annual Management Plan
Chief Executive Officers shall submit to his Minister an Annual Management Plan
on a date to be specified by the Minister.
46 Annual Report
Chief Executive Officers shall prepare an Annual Report for his Minister in
accordance with the Public Service Act 2002.
47 Official correspondence
The Commission may issue Instructions on standards n procedures relating to all
government correspondences, both internal and external.
48 Human resource files
The Commission may issue Instructions on what minimum human resource records
needs to be retained.
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PART VIII - DIPLOMATIC AND CONSULAR SERVICES
49 Application
This policy applies to persons appointed to diplomatic nd consular missions of the
Government.
50 Appointment
(1) All appointments to diplomatic and consular services overseas shall be made
in accordance with clause 39 of the Constitution.
(2) Support staff to diplomatic and consular services overseas shall be appointed
by the Head of Mission.
51 Conditions for locally-recruited employees
The Head of Mission shall, with the approval of the Commission and Cabinet,
determine the conditions of service for locally recruited employees, taking into
account local circumstances.
52 Instructions relating to diplomatic and consular services
The Commission may issue Instructions regarding the –
(a) grading of employees in diplomatic missions andconsular services;
(b) remuneration of diplomatic and consular services;
(c) entitlements;
(d) responsibilities; and
(e) any other matter relating the Government’s diplomatic and consular services.
53 Repeal and Transition
(1) The Public Service Policy Manual 2006 is hereby repealed.
(2) Any decision made before this Policy came into force shall continue as if this
Policy had not come into force.
Made at Nuku’alofa this 8th day of December 2010.
