Act No. 4 Of 20 May 1998 On The Officials Of The County Council's Institutions

Original Language Title: Landstingslov nr. 4 af 20. maj 1998 om tjenestemænd ansat ved Landstingets institutioner

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Act No. 4 of 20 May 1998 on the officials of the county council's institutions

Modified repeals, hovedlov replaces information


Amended by Act No. 3 of 31 May 1999 amending Rule Act on civil servants employed by the county council's institutions


First Share

General



Chapter 1

Scope of the Act


§ 1. This Act applies to anyone who is employed as a civil servant in the Greenland Parliament as well as for persons employed according to § 35 paragraph. 3.


Chapter 2

Prescribed and classification


§ 2. Standardize official posts under the Greenland Parliament is done by county council's budget.
Subsection. 2. The classification of posts of officials follow the rules in Chapter 9.


Chapter 3

Recruitment


§ 3. Recruitment as an official place in the following forms:
1) Permanent employment.
2) Appointment to the test with later permanent employment.
3) Employment on fixed-term basis.

§ 4. Officials under the Greenland Parliament appointed by the county council's presidency.

§ 5. Appointment as an official conditional on the candidate for his age, health and education are able to deny service to the post. Where conditions with regard to age, health and education are not provided in other legislation or by virtue of this, the rules containing such conditions determined by the county council's presidency.

§ 6. Recruitment as an official occurs on public notice, unless the person hired by prior appointment on probation.
Subsection. 2. The notice must indicate the area of ​​recruitment and job description as well as the prevailing salary scale and the current place of employment.
Subsection. 3. Where no very special circumstances are present, should the deadline not be less than 3 weeks.
Subsection. 4. Land Parliamentary Chairmanship shall lay down rules on the procedure of advertisement and after consulting Payroll Council to establish exceptions to the rules in paragraphs. 1 and 2.

§ 7. Following the application deadline, issued at the request of candidates and organizations whose members are natural candidates for the post, a list with the names of all applicants and possibly also other personal data necessary to identify the individual applicants.
Subsection. 2. Is there no later than by the deadline received a written request from an applicant that the information to be provided in accordance with § 7 paragraph. 1 is not reproduced publicly, details must be applied to the candidate list by disclosure.
Subsection. 3. If there is no request as mentioned in § 7, paragraph. 2, the public presentation of the candidate list or parts thereof not take place and the violation thereof is punishable by a fine.

§ 8. If the appointing authority considers that none of the candidates in a timely manner have signed up for an advertised position is adequately suited for the position, or one of re-posting can obtain an application from more qualified applicants, the position will be advertised again .

§ 9. First term employment happens after the probationary period.
Subsection. 2. Land Parliamentary Chairmanship, after consulting Payroll Council to establish rules on exceptions to the rule in § 9 paragraph. 1.
Subsection. 3. Land Parliamentary Chairmanship can set rules for test employment, including education and identification of the outcome.

§ 10. If an official is looking for a vacancy, the official's previous immediate superior manager a written appraisal of the official appointing authorities and officials must be given a copy of the assessment.
Subsection. 2. county council's presidency, after consulting Payroll Council to establish rules on exceptions to the rule in § 10 paragraph. 1.
Subsection. 3. Land Parliamentary Chairmanship can specify the details of forfremmelsessagers treatment, including on the basis of staff appraisal.

§ 11. The official shall receive a letter of appointment stating the job title and employment area.
Subsection. 2. At the same time communicated to the official, after the pay official currently paid, and at what employment official so far to be duty.
Subsection. 3. No person may simultaneously be permanently employed in more than one official post under this Act.
Subsection. 4. At the same time employment in one official post under this Act and one official post after another law, statute or other paid any pensions under the Pensions Act, statute or similar applicable to the position in which the official is employed at the time of retirement.


Chapter 4

Official's duties



§ 12. Officials must conscientiously abide by the rules that apply for the position and both inside and outside the service prove worthy of the esteem and trust that the position requires.
Subsection. 2. The official shall observe confidentiality with regard to the conditions that the official reason of his position would become aware of, and if secrecy inherently required or being prescribed. This obligation does not end with the official termination of service.

§ 13. Recruitment area for officials recruited under this Act, determined geographically to official posts in Greenland.

§ 14. An official has a duty to serve temporarily in a post which is equal with or higher than the official's own.

§ 15. An official is obliged to submit to such changes in its extent and character that does not change the service character, which does not mean that the position is no longer considered appropriate for the official. In the same extent be required official to assume another position.
Subsection. 2. If changes in government organization or working makes it necessary, can be ordered officials to take up a position outside the existing factual employment area in agreement with the central organization.
Subsection. 3. Where a permanent public employee under 60 years of health reasons is unfit to perform the service in his post, can be ordered officials to take a position that is considered appropriate for the official.

§ 16. If for the performance of official duties deemed necessary to link the official residence for the position, the official shall be obliged to inhabit this as long as the post be filled, and then vacate the cf. however § 33 paragraph. 1, last sentence.
Subsection. 2. Provisions concerning the installation, maintenance and use of official residences and moving in and out etc. are fixed by the Landsting Chairmanship after consulting the Landsting Lønningsråd. The official's contribution to the use of the dwelling shall be fixed in accordance with Chapter 9
Subsection. 3. It will follow the rules in Chapter 9, the extent to which, in addition to the § 16 paragraph. 1 mentioned cases must be assigned housing. Such an accommodation has the official right to inhabit, so medical position clad, and duty to then vacate, cf. however § 33 paragraph. 1, last sentence. For the designated housing pay rent for the then-current rules on rent payment for home rule properties, etc. in Greenland.

§ 17. The county council's presidency may apply to exempt an official to take over a civil or municipal ombudsmen, where the appointing authority considers it necessary for reasons of service proper execution.
Subsection. 2. Land Parliamentary Chairmanship, govern the extent to which any costs of service execution during an official's absence as a result of a civil or municipal ombudsman can be borne by the appointing authority.

§ 18. An official can only have jobs beside his official position in so far as and to the extent it is consistent but the conscientious exercise of official position related duties and with the necessary for the post-esteem and confidence.

§ 19. An official can for the fulfillment of the obligations arising from his office, and for such tasks must be considered as part of the official position, only receive such salary and other benefits which are determined in accordance with §§ 43 - 45 or § 51, cf. however § 12 paragraph. 3 of Act no. 1 of 27 February 1986, as amended, on remuneration for members of the Greenland Home Rule, Greenland, etc.


Chapter 5

Suspension and diciplinærforfølgning


§ 20. An official may be suspended or temporarily transferred to another job where the official has incurred due to suspicion of a relationship that captivates officials the confidence that your dispute of the position requires, or otherwise makes it alarming that official continue to carry out its work to date.
Subsection. 2. Grounds for intervention according to § 20 paragraph. 1 and which is not subject to criminal judicial proceedings is the subject of disciplinary investigation under the provisions of §§ 21 - 27
Subsection. 3. The County Council Chair shall establish detailed rules on implementation and termination of suspension.


§ 21. An official who in the conduct reported for misconduct or a condition that can lead to a criminal law procedure must be given a presentation of the facts and have access to issue a written opinion on the production. The official shall also be made aware that there is no obligation to comment on the production.
Subsection. 2. When the disciplinary inquiry is initiated against an official for misconduct, asks the county council's presidency Land referee to appoint an interrogator. If the deck referee by the nature deems it necessary, it may request the President of one of the collegiate courts outside Greenland to appoint an interrogator.
Subsection. 3. If, in exceptional circumstances required, the county council's presidency after the interrogator's recommendation and after consultation with the competent central organization appoint a person to represent the administration.

§ 22. Public officials are entitled to attend an observer and an interpreter and be at the call for the first interrogation made aware of this.
Subsection. 2. As assessor may use a representative of the official's organization, an employee of the employing authority or institution, or a lawyer.
Subsection. 3. An official has the right to submit written observations, even after the interrogation of the end.

§ 23. The interrogator decides on a witness and procuring of other evidence.
Subsection. 2. Every employee is obliged to appear at the interrogation and testify. Anyone who makes false as a witness shall be liable to action under the Criminal Act § 85. If a witness refuses to testify, the interrogators let the witness questioning by the district court at the place where the interrogation is held, or the living.
Subsection. 3. The interrogator, upon conclusion of proceedings a report. If the county council's presidency so requests, the interrogator also make a recommendation on the case.

§ 24. Officials inquire and hearings held during the proceedings are not public. However, the county council's Chairmanship decide that the public should have access to attend the proceedings, if the official with the connecting part central organization makes a request to that effect.
Subsection. 2. For public presentation of what has passed during interrogations and hearings are not public, be fined.
Subsection. 3. The provisions of § 24 paragraph. 2 includes information provided both before and during interrogations and hearings held during the proceedings, and whether the information is available orally or in writing.

§ 25. Must it be assumed that the case ends with transfer to another duty or to another position, demotion or dismissal, give them central organization notice of the position so that it can have the opportunity to comment on the matter before this is settled.
Subsection. 2. The relevant central organization, upon request, entitled to be made aware of the decision taken on the basis of the material provided by the official investigation.
Subsection. 3. If the official is suspected of a relationship that may lead to a criminal law procedure, officials may request that the matter dealt with as a criminal. This does not preclude that after the criminal proceedings initiated official interview against the official.
Subsection. 4. An official who is assigned to a disciplinary punishment without prior service basis interrogation, cf. § 27 may request an official investigation launched. However, there are only obliged to satisfy the request, if it is recommended by the relevant central organization.

§ 26 Connects investigation without ordering of a disciplinary punishment shall be reimbursed the official cost of the observer and interpreter. In other cases, determines the county council's Chairmanship, taking into account the outcome and circumstances in other respects, the cost of the observer and interpreter must be reimbursed in whole or in part.
Subsection. 2. Reimbursement according to § 26 paragraph. 1, provided with a following conditions appropriate amount, but only if it appears reasonable that the official has incurred expenses for legal counsel. The interrogator, upon request, an opinion.
Subsection. 3. Have an official during a disciplinary case on their own obtained evidence reimbursed expenses hereby wholly or partly where the official is deemed to have had reasonable grounds to obtain the proof. The interrogator, upon request.


§ 27. Disciplinary punishment for tjenestelig misconduct can be used warning or reprimand, fine not exceeding half a month's salary, transfer to another job or another duty or other status, demotion - including relegation by one or more step in the same salary scale - or dismissal.
Subsection. 2. The offense of 1/25 of the monthly salary and transfer to another job can not be used before the interrogation is held in accordance with §§ 21 - 26, unless there is an unconditional written confession, in which the official admits the facts of the påsigtede conditions and recognizes committed a misconduct.
Subsection. 3. Transfer to another duty or to another position, demotion or dismissal as punishment for misconduct, when the relationship is not established by a court, take place only after organized an official interview.
Subsection. 4. Ikendte fines can be contained in wages.


Chapter 6

Farewell


§ 28. Officials dismissed by the in § 4 employing authority.

§ 29. Officials to 3 months' notice tender his resignation to the end of a month.

§ 30. Officials to resign with 3 months notice to the end of a month. Removal may be done with shorter notice if it is justified by the fact that the official is unfit to remain in the post as a result of circumstances which may lead to a criminal law procedure, tjensteforseelse or neglect.

§ 31. Officials dismissed from the end of the month in which they turn 65 or reach the age of 60, as provided by the rules of Chapter 9

§ 32. In an official to resign, must, except in § 31 second case, given both him central organization as the official himself available to comment, unless interrogations were held under §§ 21-25 .
Subsection. 2. Anyone who resign, may ask for written information on redundancy grounds.
Subsection. 3. Prior to any compulsory redundancy dismissals, except as provided in § 31 second case, hear the opinion of the pensionsbevilgende authority of the official's pension entitlement. The same applies when applied goodbye when parting application due to health reasons.

§ 33. An official dismissed because changes in government organization or working means that the position is abolished and it is not possible to assign the official to another post by the official according to § 15 are required to take, the official shall retain his previous salary for 3 years, but not longer than to that of the post fixed retirement age. During this period, the official subject to the rules of § 15 During this period, the official also any right to housing.
Subsection. 2. If the individual receives employment, which Servants Act § 3 included in the retirement age as an official involved in § 33, paragraph mentioned redundancy. The same applies to active status conferred upon officials under the advance of 9 June 1971 applicable civil law.



Chapter 7
Special provisions for the probationer
§ 34. A civil servant on probation can in the first 6 months of trial recruitment tender his resignation with 14 days notice and in the remainder of the sample employment with one month's notice, in either case, the end of one month.
Subsection. 2. In the first 6 months of trial recruitment, such officials to resign with 14 days notice to the end of a month.
Subsection. 3. The provisions of § 32 paragraph. 3 and § 33 does not apply to probationary officials, in so doing shall take the opinion of the pensionsbevilgende authority, cf. § 32 paragraph. 3, in cases where there may arise issues of any right to a pension after tjenstemandspensionslovens chapters 1 and 5.

Chapter 8
Special provisions on employment on fixed-term
§ 35. Employment under fixed term could take place both by persons already employed as civil servants of others.
Subsection. 2. Recruitment as an official term of years under the provisions of this chapter is done by people who
1) already employed as civil servants or
2) have retired with a right to current or deferred pension from official posts.
Subsection. 3. Recruitment of term of years other than those in paragraph. 2 shall be made on terms equivalent to those that otherwise apply under this Act, cf. however § 42 paragraph. 1.
§ 36. Determination as to which positions may be held on the number of years taken by the county council's presidency after consulting Payroll Council.

§ 37. A fixed-term appointment is for a period of between 3 and 6 years. Fixed-term contract can be extended by up to 3 years. Re-appointment after re lookups take place in a fixed-term position.
§ 38. Salary and other terms of employment shall be determined in accordance with the provisions of § 43.
§ 39. Placing a permanent official, resumes in permanent employment for a fixed term employment expiration or termination of another cause that not attributable to the official, on conditions laid down by the agreement referred to in § 38.
§ 40. Officials employed on fixed term can only resign if the parting is justified on health grounds or in the circumstances mentioned in § 30 The second sentence or § 31. Incidentally ceases employment with the åremålets expired.
§ 41. Pension to in § 35 paragraph. 2 persons mentioned are determined based on the salary scale, which he was placed in during the last term of employment before retirement.
Subsection. 2. In calculating the pension included fixed-term employment in retirement.
Subsection. 3. For the according to § 41 paragraph. 1 and 2, the pension is granted a supplement for each åremålsår set at 2.7% of the highest pension from a position in fixed-term manufacture is salary scale. The total pension does not exceed the pension that would be obtained upon retirement from a position with the same wage location as fixed-term position.
Subsection. 4. Pension Supplement according to § 41 paragraph. 3 included in the amount on which any spouse's pension is calculated.
§ 42. For persons covered by § 35 paragraph. 3, Civil Servants Act does not apply, and the county council's Chairmanship shall, after consulting Payroll Council provision on other plan for the employment relationship.
Subsection. 2. county council's presidency may determine that a person referred to in § 35 paragraph. 2, attributable to the paragraph. 1, if special circumstances so warrant.
Subsection. 3. The pensionsbevilgende authority may allow private pension paid before the age of 60 years if the officer is erhvervsudygtig for health reasons or circumstances give reason.

II. part
Wage and employment for officials

Chapter 9
Negotiation and orgasnisationsforhold
§ 43. Wage and employment determined by agreement between the parliament and presidency in § 47 above central organizations.
Subsection. 2. Agreements according to § 43 paragraph. 1 can not be concluded on conditions determined by law or pursuant to law or concern the tasks, organization or staffing needs.
Subsection. 3. Provisions on general wage, employment and pension terms for Land Parliamentary Ombudsman officials drawn up by the county council's presidency after negotiations with the Land Parliamentary Ombudsman.
Subsection. 4. The rules for negotiations provided in an agreement between the county council's presidency and the National Ombudsman.
§ 44. Can not reaching agreement on the size of the total amount to changing the wage and employment including the adjustment of salary scales and local allowance, the change in the wage position of official positions and the amendment of other services for the performance of official position , cf. § 19, makes Landsting Chairmanship specific proposal.
Subsection. 2. Can not be agreed to its use in § 44 paragraph. 1 shall be submitting the parliament presidency after consulting Payroll Council special bill.
§ 45. Can not reaching agreement on matters not covered by § 44, the decision of the county council's presidency after consulting Payroll Council.
§ 46. Provisions concerning employment, which no agreement may be concluded, and amendment of such provisions determined by the county council's presidency after prior consultation with the in § 47 above central organizations.
Subsection. 2. in § 47 above central organizations can negotiate with the county council's presidency on any technical issue related officials.
§ 47. Collective bargaining rights for civil servants, retired ordering men and officials pensioners exercised through the central organizations which are based in Greenland, and with the county council's presidency after consulting Payroll Council into a general agreement on the procedure for the award of contracts and the rules governing collective bargaining Moreover.
Subsection. 2. The central organizations must collectively provide all civil servants, retired ordering men and civil service retirees access to representation.
Subsection. 3. In the general agreement made provision for access to the organizations that are connected to the central organizations, to negotiate issues which relate only to its members.


Chapter 10
Lønningsråd
§ 48. Salary Council consists of a chairman (the Landsting Chairman), two members representing the Greenland Country Stings administration and two representatives of the in § 47 above central organizations designated by the county council's presidency for the organizations' representatives case on the recommendation of the central organizations.
Subsection. 2. Greenland Parliament elects by 2 members.
Subsection. 3. In the case of § 48 paragraph. 1 and 2 mentioned members are appointed or elected to deputies.
Subsection. 4. The Chairman, members and deputies shall be appointed or elected for four years at a time. However, they result from the County Council elected members shall be elected county council's term as members and deputies, however, depart if they resign from the parliament. Organization representatives depart when new setting appears.
Subsection. 5. The Council's decisions are taken by simple majority.

§ 49. The county council's presidency may request Payroll Council for an opinion on any question arising under this Act.
Subsection. 2. in § 47 above central organizations may require the Payroll Council's opinion can be obtained on questions that could not be resolved by negotiation with the county council's presidency.
Subsection. 3. If establishing a civil service that can be cases that fall under this, are not provided for Payroll Council.

Chapter 11
Pension
§ 50. There is for civil servants pension by the State of officials of Greenland to the current rules.
Subsection. 2. The provisions of § 24 of Legislative Decree no. 879 of 23 December 1988 on pensions for state employees, etc. in Greenland does not apply to officials of the Greenland Parliament in Greenland.


III. part
Various provisions

Chapter 12
Personal allowances
§ 51. If an official under the rules of § 15 or for any other reason that is not attributable to the official, transferred to a position that is attributed to a lower salary scale than the former is granted official a personal allowance to cover the difference.
Subsection. 2. Appendix according to § 51 paragraph. 1 void to the extent obtained salary advancement of the transition to higher grade or step.

Chapter 13
salary and lønforskrivning
§ 52. An official may, in exceptional and urgent circumstances obtain advances without collateral. Rules shall be laid down by the county council's presidency.
§ 53. The rules laid down by the county council's presidency officials provide transportation to pay for lending institutions that by agreement between the county council's presidency and in § 47 above central organizations recognized this.
Subsection. 2. Apart from the cases mentioned in § 53 paragraph. 1, officials may not assign, pledge or otherwise dispose of wages not paid.

Chapter 14
Extraordinary leave etc.
§ 54. The employing authority in accordance with guidelines set by the county council's Chairmanship allow an official on leave without pay for a predetermined period of at least one month's duration. The period deducted when calculating seniority.
Subsection. 2. Following the guidelines established by the county council's presidency may be granted an official other unpaid for the actual holiday.
Subsection. 3. If it is compatible with the interests of the service the appointing authority may grant an official's request for reduced duty for limited or until further against corresponding reduction in pay.
Subsection. 4. Provisions on full or partial maintenance of salary and seniority from their duties according to § 54 paragraph. 2 or under reduced duty fixed by the county council's presidency after consulting Payroll Council.
Subsection. 5. The county council's presidency, after consulting Payroll Council to establish rules that officials are entitled to unpaid leave for certain defined purposes.
§ 55. Following guidelines established by the county council's presidency, the employing authority to the official paid leave for additional training. This leave is granted without loss of seniority and retirement.
Subsection. 2. Land Parliamentary Chairmanship can within the limits established by agreement under § 43, making education, which the appointing authority shall pay the costs, subject to the official pre-commit to remain in service for a certain period after undergone training and by that wages during training and any other training costs fully or partially reimbursed if the required service is not met.

IV. Share
Commencement and transitional provisions

§ 56. This Act comes into force on 1 July 1998, however, the Landsting Chair may set a later effective date of § 47.
§ 57. Simultaneously with this Act enters into force, surpassing the officials of the Greenland Parliament employed pursuant to Rule Act no. 5 of 14 May 1990 Greenland home Rule Government and local officials in Greenland, for appointment under this Act county coverage area.
§ 58. In the case of civil servants under the Greenland Home Rule, which before this law came into force, retained all rights, as those acquired by or pursuant to law, agreement, etc., applicable on 30 June 1998, while all duties are maintained.
§ 59. In areas where by this Act shall be laid down or agreements, they remain under the previous legislation lays down in force until they are replaced by new provisions.

Greenland, May 20, 1998

Jonathan Motzfeldt
/
Daniel Switch