Parliament Act no. 21 of 18 December 2003 on Greenland Home Rule Government and local officials in Greenland

Modified repeals, hovedlov replaces information

Hovedlov to
Self-Government Order no. 13 of 12 November 2013 on employment in Greenland Government Foreign Service
Greenland Home Rule Executive Order no. 5 of 15 March 1994 Borgerligt Ombudsman

Adds to
Self-Government Order no. 13 of 12 November 2013 on employment in Greenland Government Foreign Service
Greenland Home Rule Executive Order no. 5 of 15 March 1994 Borgerligt Ombudsman


Chapter 1

Scope of the Act


§ 1. This Rule Act applies to anyone who is employed as a civil servant in the Greenland Home Rule or municipal services in Greenland as well as for persons employed according to § 35 paragraph. 3 referred to. However paragraph. 2.
Subsection. 2. This Rule Act does not apply to employees under the county council's institutions.


Chapter 2

Prescribed and classification


§ 2. Officials Posts under the Greenland Home recording on a normative. Standardisation of the municipal official positions is done through a municipal normative.
Subsection. 2. Classification of official positions determined by the rules of Chapter 12


Chapter 3

Recruitment


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

§ 4. Officials under the Greenland Home Rule appointed by the Government of Greenland. Officials in municipalities appointed by the municipal council.

§ 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 by any conditions set by the Government of Greenland.

§ 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 classification and the current place of employment.
Subsection. 3. The deadline must be at least 3 weeks, unless exceptional circumstances apply.
Subsection. 4. The Cabinet may lay down rules governing the procedure for notice 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. Information supplied by paragraph 1 can be rendered publicly by the consent of all applicants.
Subsection. 3. If not all the candidates to the appointing authority has given consent to the public, must be public presentation of the candidate list or any part of this do not happen. For violation thereof fined. If the violation is committed by a professional organization can be imposed on the professional organization does fine.

§ 8. If the appointing authority considers that none of the candidates in a timely manner have signed up for an advertised position is sufficiently equipped for the job, or that by re-posting can obtain applications from more qualified applicants, the position advertised on new.

§ 9. First-term employment is by prior appointment on probation.
Subsection. 2. The Cabinet, after consulting Payroll Council to establish rules on exceptions to the rule in paragraph. 1.
Subsection. 3. The Cabinet may lay down rules to try employment, including education and identification of the outcome.

§ 10. If an official is looking for a vacancy, the official's boss at the request of the official issue a written assessment by the official.

§ 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, how the position is currently classified, and at what employment official until further notice will be employed.
Subsection. 3. No person may simultaneously be permanently employed in more than one official post after this Act.

Subsection. 4. At the same time employment in an official position by this Act and an official position by the second 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. This obligation does not end with the official termination of service.

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

§ 14. An official has a duty to serve temporarily in a position that is parallel to 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 it, see. However, § 33 paragraph. 1, last sentence.
Subsection. 2. Provisions concerning the installation, maintenance and use of official residences and moving in and out etc. of such housing can be fixed by the Government of Greenland after consulting Payroll Council. The official's contribution to the use of the dwelling shall be fixed in accordance with Chapter 12
Subsection. 3. The fixed under the rules of Chapter 12 of the extent to which, in addition to the paragraph. 1 second case will be assigned housing. Such housing has official entitled to live as long as the post be filled, and the duty to then vacate the meaning. However, § 33 paragraph. 1, last sentence.

§ 17. An official may apply to be exempted from acquiring a civic duty when appointing authority considers it necessary for reasons of service proper execution. The appointing authority requests based on the official application Greenland government to decide.
Subsection. 2. The Cabinet may regulate the extent to which any costs of service execution during an official's absence due to a civic duty to be borne by the appointing authority.

§ 18. An official can only have jobs beside his official position, if it is consistent with the conscientious performance of the duties associated with the position, and with the necessary respect and confidence in the post.

§ 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 §§ 47 - 49 or § 56.




Chapter 5

Suspension and Disciplinary


§ 20. If the official is due to suspicion of a relationship that is contrary to the confidence that the performance of the position requires, or otherwise makes it alarming that officials will continue in the post, the official may be suspended or temporarily transferred to another work.
Subsection. 2. The rules on disciplinary investigation in §§ 21-27 are used by conditions in accordance with paragraph. 1, which is not prosecuted under criminal law.
Subsection. 3. The Greenland government may lay down 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 criminal legal measure must be given a presentation of the facts and have the opportunity to submit a written opinion on the production. The official shall also be informed 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 appointing authority Land referee in Greenland 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.

§ 22. The official is entitled to bring an observer and an interpreter and be at the call for the first interrogation informed 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. The official shall have the opportunity to submit written observations, even after the interrogation of the end.

§ 23. The interrogator decides on a witness and the obtaining of other evidence.
Subsection. 2. All staff are required to appear for interrogation and give explanation. Anyone who makes false as a witness shall be liable to action under the Criminal Act § 85. If a witness fails to appear or 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. After appointing authority or central organization's desire, the interrogator provide a recommendation on the case.

§ 24. Officials inquire and hearings held during the proceedings are not public. The appointing authority may decide that the public should be allowed to attend the proceedings, if the official and the central organization desires this.
Subsection. 2. For public presentation of what has happened during non public interrogations and hearings, fined.
Subsection. 3. Paragraph. 2 includes written and oral information obtained both before and during interrogations and hearings held during the proceedings.

§ 25. Is it expected that the case ends with transfer to another duty or to another position, demotion or dismissal shall be given central organization notice of the position, so this has the opportunity to comment on the matter before this is settled.
Subsection. 2. Central Organization at the request the right to be informed 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 criminal. After criminal proceedings is the possibility for an official interview to the official.
Subsection. 4. An official who is punished disciplinary without prior official interview, see. § 27 may request an official investigation launched. However, there are only obliged to satisfy the request, if it is recommended by the central organization.

§ 26 Connects investigation without disciplinary punishment shall be reimbursed the official cost of the observer and interpreter. In other cases, determines the appointing authority, taking into account the outcome and the circumstances in general, the cost of the observer and interpreter must be reimbursed in whole or in part.
Subsection. 2. Compensation under paragraph. 1 comes with a following conditions appropriate amount, but only if it is considered 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, an opinion.

§ 27. Disciplinary punishment for 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 or dismissal.
Subsection. 2. If there is an unreserved written confession, in which the official admits the facts of the påsigtede relationship and acknowledges guilty of misconduct, the fine and transfer to other work used without holding interrogations in accordance with §§ 21-26.
Subsection. 3. Warning, reprimand or fine below 1/25 of the monthly salary can be used without written confession or interrogation.

Subsection. 4. 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. 5. Ikendte fines can be contained in wages.


Chapter 6

Farewell


§ 28. Officials dismissed by the in § 4 above employing agencies.

§ 29. Officials to 3 months' notice tender his resignation to the end of a month, see. However, § 34.

§ 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, misconduct or irregularity.
Subsection. 2. Officials employed on fixed term may resign in accordance with § 30 paragraph. 1 and § 31 Extras ceases employment with the åremålets expired.

§ 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 12

§ 32. In an official to resign, must, except in § 31 second case, given both the central organization as the official himself available to comment unless interrogations were held under §§ 21-25.
Subsection. 2. 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 in § 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 paragraph. 1 mentioned redundancy. The same applies to active status conferred upon officials under the advance of 9 June 1971 applicable civil law.
Subsection. 3. redundancy from employment for a fixed term position comes far åremålets expired.


Chapter 7

Special provisions for 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 both cases the end of a 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 of pension for Civil Servants Act, 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 applicable under this Act. However, § 41 paragraph. 1.

§ 36. Determination as to which positions may be held on the number of years taken by the appointing authority referred to. § 4, 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 § 47.

§ 39. Placing a permanent official, resumes in permanent employment for a fixed term employment expiration or termination of another cause that can not be attributable to the official, on conditions laid down by the agreement referred to in § 38. | ||

§ 40. 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 under 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 supplements under paragraph. 3 included in the amount on which any spouse's pension is calculated.

§ 41. For persons covered by § 35 paragraph. 3, Civil Servants Act does not apply, and the appointing authority shall, after consulting Payroll Council provision on other plan for the employment relationship.
Subsection. 2. The Appointing Authority may decide 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 if circumstances otherwise so warrant.


Chapter 9

Special provisions on municipal officials


§ 42. If a municipal official of the municipal council ordered to the service of another municipality or with the Greenland Home Rule, officials first ordered to take over this new post, after agreement is reached with the central organization accordingly. The same applies to an official recruited under the Greenland Home at announce compulsory transfer to a municipal employment.
Subsection. 2. announce compulsory transfer between two municipalities or between a municipality and the Home Rule requires agreement between the two employing agencies.


Chapter 10

Special provisions for school


§ 43. During interrogation in connection with the disciplinary inquiry against an official in grade school, every person employed by the school or by the municipal government concerning schools, employees of the responsible Directorate, members of municipal councils, standing committees of the local council concerning schools and school boards obligation to appear and give evidence.
Subsection. 2. Any covered by § 43 paragraph. 1, are required to meet during his interrogation and give explanation. Anyone who makes false as a witness shall be liable to action under the Criminal Act § 85. If a witness fails to appear or refuses to testify, the interrogators let the witness questioning by the district court at the place where the interrogation is held, or the living.


Chapter 11

Special provisions for the church officials


§ 44. The provisions of § 14, § 15 paragraph. 1 and § 16 paragraph. 2, first sentence. Shall not apply to church officials.

§ 45. An official of the Church has a duty instead of or in connection with service in its own position to serve temporarily in a position that is parallel to or higher than the official's own position.
Subsection. 2. The Cabinet may determine that a priest who is appointed to another position, and if previous position because of the location can hardly be disputed by neighboring priest must remain in this position until reoccupation can happen to a maximum of 6 months.

§ 46. An official of the Church has a duty to submit to such changes in service the businesses scale and nature that does not change the service character, which does not mean that the position is no longer appropriate for the official.


Chapter 12

Negotiation and organizational conditions




§ 47. Salary and other conditions of employment determined by agreement between the Cabinet and the in § 51 above central organizations.
Subsection. 2. Agreements under subsection. 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 municipal civil servants shall, to the extent such provisions laid down by this Rule Act or other legislation by or by agreement between the Cabinet and the Greenlandic Association of Local Authorities.


§ 48. Can not reaching agreement on the size of the total amount to changing the wage and employment conditions, including 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, see. § 19, makes Landsstyre particular bill.
Subsection. 2. Can not be agreed to its use in paragraph. 1 shall be making Landsstyre after consulting Payroll Council special bill.

§ 49. Can not reaching agreement on matters not covered by § 48, the decision of the Government of Greenland after consulting Payroll Council.

§ 50. Provisions concerning employment, which no agreement may be concluded, and amendment of such terms laid down by the Government of Greenland after prior consultation with the in § 51 above central organizations.
Subsection. 2. in § 51 above central organizations can negotiate with the Government of Greenland on any technical issue related officials.

§ 51. Collective bargaining rights for civil servants, retired ordering men and civil service retirees exercised through the central organizations which are based in Greenland, and with the Greenland government after consulting Payroll Council into a general agreement on the procedure for the award of contracts and the rules governing collective bargaining in 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 13

Payroll Council


§ 52. Salary Council consists of a chairman, a vice chairman, two members representing the Greenland Home Rule and the Greenland Local Authorities Association's administration and four representatives of the in § 51 above central organizations designated by the Government of Greenland. For organization representatives concerned on the recommendation of the central organizations. For the representative of the Greenland Local Authorities Association's administration on the recommendation of the Greenlandic Association of Local Authorities.
Subsection. 2. Greenland Parliament elects by 5 members. They identified Landsstyre two members of the Greenland Local Authorities Association's board of directors or a local council on the recommendation of the Greenlandic Association of Local Authorities.
Subsection. 3. For those in paragraph. 1 and 2 mentioned members are appointed or elected deputies.
Subsection. 4. The chairman, deputy 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. Representatives of the organization and members appointed on the recommendation of the Greenlandic Association of Local Authorities depart when new setting appears.
Subsection. 5. The Council's decisions are taken by simple majority. The Deputy can only participate in the vote when the President is unable to attend.

§ 53. In addition to the salary Council established an Executive Committee, consisting of members of the Salary Council.
Subsection. 2. The Executive Committee consists of two representatives from official organizations, one representative from the Greenland Parliament, 1 representative from the Greenland Local Authorities Association's administration and payroll President of the Council, Chairman of the Executive Committee.
Subsection. 3. The rules surrounding the Executive Committee the authority determined by the Salary Council.

§ 54. The Cabinet may request Payroll Council for an opinion on any question arising under this Greenland Parliament.
Subsection. 2. in § 51 above central organizations may require the Payroll Council's opinion can be obtained on questions that could not be resolved by negotiation with the Government of Greenland.
Subsection. 3. Cases falling under civil law can not be submitted to the Payroll Council.


Chapter 14

Pension


§ 55. There is for civil servants pension by the State of officials of Greenland to the current rules.
Subsection. 2. The Cabinet can with the state agreeing that the State calculates and pays pensions to civil servants employed under this Rule Act and the Act on civil servants employed by the county council's institutions.


Chapter 15

Personal allowances



§ 56. 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 hitherto, be granted official a personal allowance to cover the difference.
Subsection. 2. supplement after paragraph. 1 void to the extent obtained salary advancement of the transition to higher grade or step.


Chapter 16

Lønforskrivning


§ 57. The rules laid down by the Greenland government, officials provide transportation to pay for lending institutions that by agreement between the Cabinet and the in § 51 above central organizations recognized this.
Subsection. 2. Apart from the cases referred to in paragraph. 1, officials may not assign, pledge or otherwise dispose of wages not paid.


Chapter 17

Extraordinary leave etc.


§ 58. The employing authority in accordance with guidelines established by the Greenland government to give 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 set by the Greenland government may grant an official of another 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 a limited time or until further against corresponding reduction in pay.
Subsection. 4. Provisions on full or partial maintenance of salary and seniority from their duties in accordance with paragraph. 2 or under reduced duty fixed by the Government of Greenland after consulting Payroll Council.
Subsection. 5. The Cabinet, after consulting Payroll Council to establish rules that officials are entitled to unpaid leave for certain defined purposes.

§ 59. Following the guidelines set by the Government of Greenland, the employing authority to the official paid leave for additional training. This leave is granted without loss of seniority and retirement.
Subsection. 2. The Cabinet can fit into a framework to be agreed in accordance with § 47, 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 that wages during training and any other training costs fully or partially reimbursed if the required service is not met.


Chapter 18

Commencement and transitional provisions


§ 60. This Act comes into force on 1 January 2004.

§ 61. Simultaneously with this Act comes into force Rule Act no. 5 of 14 May 1990 on Greenland Home Rule Government and local officials in Greenland.

§ 62. In the case of officials in Greenland and Greenlandic municipalities before this law came into force, retained all rights, as those acquired by or pursuant to law, agreement etc. applicable 31 . december 2003, like all duties are maintained.
Subsection. 2. Excluded from the provisions of paragraph. 1 is right advances, see. § 58 of Act No.. 5 of 14 May 1990 on Greenland Home Rule Government and local officials in Greenland.

§ 63. 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, December 18, 2003
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