Archive:Public employment - Malta

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<Introduction: simple language, not too long, kind of executive summary>

Regional and administrative organisation

Introduction

The Republic of Malta is an insular country with a surface area of 316 km² made up of three islands: Malta, Gozo and Comino, and a population of 410,000 inhabitants. It gained independence from the United Kingdom in 1964 and became a Republic on 13th December 1974, whilst retaining membership of the Commonwealth. It joined the EU in 2004 and the Euro zone on 1st January 2008.

System of government

The Constitution of Malta, approved in 1964, stipulates that Malta is a democratic Republic founded on work and on respect for the fundamental rights and freedoms of the individual. From a political point of view, the Maltese Parliament is made up of a House of Representatives, whose 65 seats are elected by direct universal suffrage every five years, and a President, elected by this Chamber.

The Maltese Government is made up of the following bodies: the Office of the Prime Minister and eight Ministerial Departments.

Judiciary System: This is a system based on two levels: a Court of First Instance, presided by a judge or magistrate, and a Court of Appeal. There are also various courts with powers in specialised areas. In 1964, when Malta gained independence, the Constitutional Court was created, as a Court of Appeal in this area.

Regional organisation

From an administrative point of view, Malta is a unitary state with three regions that are in turn, subdivided into 68 localities or local councils, which are the only sub-national administrative entity, as there is no other intermediary entity between this and the national Government. These local councils are competent in areas such as health, administration and education. A Local Reinforcement System has been approved recently, which involves a significant devolution of power to Local Councils and which will lead to improved local services. An Association of Local Councils was created in 1994, whose aim is to represent all local councils on the archipelago and promote their common interest.

Public Administration

Values: The Public Service Act was enacted in order to affirm that Public Service values are a tool to satisfy common interest, and must be applied for the functioning of the public and private sector. The values are as follows:

• Exercise the powers invested in them by Law and provide public services in a courteous, professional and impartial manner.

• Provide objective and precise information on issues within their competence.

• Implement government policies effectively and efficiently.

• Contribute towards the coordination of government policy among its departments, agencies and other government entities and with Local Councils.

• Contribute, through its own conduct, to make their workplace recognise talent, develop capacities and skills, reward good practice, eliminate discrimination and offer a safe environment.

In this Act, “Public administration” is defined as the organizational body that encompasses the Government of Malta, including its Ministries and Departments, and agencies, governmental entities, and other commissions that are established in this Act. It also indicates that “Public Employee” includes civil servants and employees of government agencies and other governmental entities. For certain benefits, public employees shall also be considered to be those who have retired or resigned during the first three years. Judges, magistrates, the ombudsman, commissions for the protection of data or the members of the Electoral Administration, among others, are excluded from this condition.

Agencies: Government Agencies are created by Law or on the Prime Minister’s order.

This order should indicate:

• Functions and obligations of the agency;

• Assigned Ministry;

• Financial resources available;

• Special agreements adopted in relation to the agency.

All state agencies have their own legal status different to the entity that created them and to which they are accountable. They also have full capacity to enter into contract, recruit personnel, bring legal action or be sued, as well as any other function entrusted to them.

Public Employment Structure

Regulation: The Maltese Constitution includes some definitions related to public employment:

• “Public Office”: all positions paid from the state budgets and part of the public service.

• “Public Officer”: The holder of any public office.

• “Public Service”: all functions exercised by the Government of Malta in a civil capacity.

Public service includes the functions of employees in the Superior Courts of Justice, General Auditor’s and Deputy Auditor’s Office, magistrates of the Inferior Courts and members of the Police Force.

It does not include functions performed by the Prime Minister, Ministers, Parliamentary Secretary, Speaker, Members of Parliament, Ambassadors, High Commissioner s or other similar corps set out be law.

The Members of Parliament Act (also known as Public Service Act) was approved in 2004. It defines public officers under the same terms as the Constitution. In this regulation, a public employee’s function in the civil services shall not exceed a salary scale, Level 6, or any other salary that is determined at a specific moment by means of a House of Representatives resolution.

Public Service Model

Organization. The Minister is the Head of Department and manages and controls its structure, agencies and entities. Cabinet members, ministers and advisers occupy positions of trust under an employment contract, even though they are civil servants. The Prime Minister approves the principles, functions and establishment of the Cabinets, as well as the legal status of their staff. These are managed by a Cabinet Head, who is responsible for reporting to the Minister. The Ministerial Department is an organization with its own powers and consists of the following bodies:

• Cabinet of Ministers and Cabinets for each parliamentary secretary, responsible for assisting the Minister.

• Permanent Secretary’s Office.

• Divisions, boards, sections, offices and other units within the public sector that support the Prime Minister in a specific Ministry.

Leadership: There is a Principal Permanent Secretary who heads the Civil Service under the instructions of the Prime Minister. His/her main duties are:

1. Support leadership in the Civil Service and promote the public administration values, as well as compliance with the Ethical Code.

2. Adopt measures to enhance the provision of public services and assume responsibility for human resource management within the Department.

3. Adopt coordination measures between Departments, agencies, entities and local councils, so that the Basic lines of the government are followed; manage and supervise permanent secretaries and set their performance objectives.

4. Advise the Prime Minister on matters related to the public service and sector in general, as well as any other function assigned by law.

5. There should be a Permanent Secretaries Committee, presided by the Principal Permanent Secretary and comprising of all the Permanent Secretaries. Meetings of this Committee shall be called by the Principal Permanent Secretary at least once every three months. There should also be a Higher Executive Service, headed by the Principal Permanent Secretary, comprising of:

• Permanent Secretaries and Heads of Departments;

• Senior Civil Servants in each Ministry responsible for the management of corporate services, the application of efficiency indicators, coordination of European Union issues, among others.

The Merit Protection Committee has the following functions:

• Control the recruitment of employees in the Government Agencies and other governmental entities to verify their lawfulness.

• Suggest reforms to directives and guidelines related to the public employment of the Principal Permanent Secretary as well as promoting their application.

Statistics: In Malta, 41,000 people are employed in the public sector, of which 70% work for the central administration. Their status is regulated by a collective bargaining agreement which sets the salary level and employment conditions. Other aspects of the job in each category are established in specific agreements.

Around 30% of public sector employees work for government agencies or other public law entities. Each entity defines the employment conditions of its staff based on a collective bargaining agreement. Efforts are being made to harmonise conditions at central level to avoid excessive disparities between the status of employees in these entities. Each public sector employee shall be assigned to a position in a Civil Service Department, to perform duties corresponding to his/her grade or position.

The number of senior civil servants in Malta is 302 (Data: November 2008). The number of senior civil servants at each functional level: 1 Principal Permanent Secretary, 11 Permanent Secretaries, 31 Director-Generals, 108 Directors and 151 Assistant Directors.

The number of men and women in senior positions is 239 males and 63 females. The percentage of women amongst civil servants in general is 41%. The percentage of women amongst senior positions is 21%

Rights, obligations, principles and values

The Public Service Management Code lists the duties of public sector employees. A Code of Ethics, which applies to public sector employees and to most agency employees, also defines other duties. Public sector employees can join unions. Most employees have the right to strike, except for some personnel categories mainly in the healthcare field. Freedom of speech for Senior Civil Servants is subject to certain limitations and it aims to allow continuity in office regardless of the changes of government that may occur.

Code of Ethics: Within the framework of a set of key principles, it is worth mentioning public trust, service to the public sector, responsibility, productivity and flexibility and competence, serving citizens fairly and justly. They must provide impartial and accurate advice to the Government and implement its policies promptly, efficiently and effectively. They must also innovate, improve productivity and simplify procedures and contribute to the growth of the national economy. For this, they will make use of information and communication technologies as an essential tool for the improvement of the public administration and the provision of services and they must ensure that they obtain the necessary skills.

Conflict of Interests: A conflict of interest may be defined as a situation in which a public employee has sufficient private or personal interest to influence the objective performance of his/her public duties. Therefore, public employees must avoid any financial or other interest or undertaking that may directly or indirectly compromise the performance of their duties. Public employees must notify the head of his/her organization in writing within a week of any conflict of interest that may arise. For example:

A. Acceptance of Gifts or Benefits: No public employee may accept gifts or services that may create an obligation or dependence.

B. Personal or Professional Behaviour: Public employees must perform the duties associated to their position diligently, impartially and to the best of their ability. In the performance of these duties, they must:

a) Keep up to date with advances and changes in their area of expertise and comply with all of the legislative requirements.

b) Treat members of the public and other members of staff with courtesy and sensitiveness to their rights; provide all possible assistance to members of the public; maintain adequate documentation to support decisions adopted.

c) Not to indulge in favouritism or nepotism and not to take advantage of official information gained in the performance of their duties. C. Fairness and Equity: issues being considered by public employees should be dealt with consistently, promptly and fairly. This means acting in accordance with the legally established procedures. When using any discretionary powers, public employees should ensure that they take all relevant facts into consideration and have regard for the particular circumstances of each case.

D. Use of Official Information: A public employee should only disclose official information or documents acquired in the course of his/her employment when required to do so by law. They may not accept a job in the private sector if the tasks to be performed are related to information acquired during the course of a public position.

E. Use of Official Facilities and Equipment: Public employees should be scrupulous in their use of public property and services, and not allow their abuse by others. Official facilities and equipment should not be used for private purposes unless expressly authorised to do so.

F. Political Participation: Public employees must ensure that their participation in political activities does not bring about a conflict with their primary duty in the civil service. This is important to maintain public confidence in the impartiality of the administrative actions.

G. Sanctions: Sanctions will be applied to public employees if this Code of Ethics is breached. The sanctions applied will depend on the seriousness and nature of the breach and shall entail disciplinary or criminal action as applicable.

Career-Based System. Training

There is the possibility of civil servant mobility between ministerial departments. These transfers shall be approved by the Principal Permanent Secretary or the person to whom this function is delegated. The Minister for Public Administration shall be responsible for defining the entry requirements to each category, as well as the rules for promotion. Promotion is possible via two mechanisms:

• Passing internal competitive exams (written exam and interview).

• On a selection basis.

Remuneration

The base salary varies according to grade and level is set by law, in accordance with the consumer price index. Employees also receive additional remuneration (allowances, end-of-year bonus).

Social dialogue and system of representation

Specific Rules: The Public Employee Statute of 16th April 1979 and the Law of 22nd June 1963 regulate the pay system for public employees. These rules are applied to 50% of the employees.

Right to Collective Bargaining: In theory, pay and working conditions are stipulated by law, but in practice, social dialogue plays an important role in decision-making processes in the public sector. The Administration is represented in negotiations by the Minister of the Civil Service and Administrative Reform. The most representative trade unions are integrated in the General Civil Service Confederation, which heads all negotiations and comprises of around sixty trade unions and affiliated federations, such as the National Union of Teachers, the State Federation of Office and Secretarial Staff and the General Association Managers, etc. The level of union membership is extremely high although exact figures are not available.

Issues subject to collective bargaining: pay, pensions and other questions related to the status of public employees.

Agreements reached through collective bargaining shall be signed by the Minister of the Civil Service and Administrative Reform, and are binding for the government and valid for all public employees. They have the right to strike although with some limitations, such as a special mechanism for the resolution of disputes and prohibitions for some civil servants.

Senior civil servants

Status and Positions: In Luxembourg there is no formal Senior Civil Servant status, although some special conditions do apply to high-level positions. (Summary Table)

Recruitment and Appointment: The civil service a career-based system. Recruitment is mostly from the private sector. Civil servants are either recruited by the Ministry of Public Administration or directly by each Ministry and reach Senior Civil Servant grades through career progression. Political appointments can be made at any stage of the career.

The average age for civil servants to enter the senior civil service group is 34-40 years old for grades 15-16 and 40-50 years old for grades 16-17. All civil servants are appointed for life. Within the civil service, there are high-level positions to which civil servants may be appointed for a renewable period of seven years. If this is not renewed, the civil servant is reinstated in the highest position of the academic career in his/her original administration.

Management: Civil servants are managed by the Ministry of Public Administration.

Assessment: Assessment takes place on an annual basis between the Head of Administration and the senior civil servants.

Training: All training courses and programmes are organised by the National Institute of Public Administration (INAP) in cooperation with the Public Administrations. In order to advance to the Senior Civil Service, a certificate of public management issued by the INAP is required. No specific leadership training is given at the moment.

Remuneration: The base salary is set according to the hierarchical position of the civil servant.

Equality or Diversity Policy: There are no specific policies on diversity. However, a delegate is appointed in each ministerial department who is in charge of overseeing the equal treatment of men and women in recruitment, training, promotion and working conditions.

Working Conditions and Hours: a) Overtime: unpaid. b) Tele-working: Civil servants may be allowed to perform some of their work from home by means of tele-working, provided that it is authorised by the hierarchical head of the Unit. c) Part-Time Work: Civil servants may work for 25%, 50% or 75% of their working day. d) Parental Leave: All civil servants (including senior civil servants) have the right to part-time employment (50%), following parental leave in order to cover the education of one or more children. This can also be granted to care for other relatives. e) Maternity Leave: 16 weeks in total (8 weeks prenatal and 8 weeks postnatal). Post-natal leave may be prolonged by up to 12 weeks.

Mobility: Mobility either results from the senior civil servant’s own initiative or is obligatory. In the first case, the objective is to offer the civil servant the possibility of professional reorientation or a new professional opportunity. In the second case, it is based on public interest.

Statistics: As of June 2008 there are 501 Senior Civil Servants distributed as follows:

Grade 18: 37

Grade 17B: 9

Grade 17: 43

Grade 16B: 80

Grade 16: 193

Grade 15B: 11

Grade 15: 128

The percentage of women among civil servants is 30%. For the Senior Civil Service, it stands at 18.6%.

There are currently 408 men and 93 women in Senior Civil Service positions.

Recent reforms and prospects

An e-governance master plan has been in the process of implementation since 2005. It aims to create an efficient administration by setting up effective tools and raising the quality of services offered to citizens (web-sites, electronic portals, guidance in organisational reforms, etc.).

The Coordination Committee for State Modernisation coordinates and monitors the various ministerial activities in terms of e-governance.

The 1979 general civil servant statute was reformed in 2003, introducing tele- working into State administrations. Pilot projects are currently being tested in some administrations, but these are limited to a period of one year. The system should be extended once new regulations have been approved.

Publications

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Main tables

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Database

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