Personnel (Amendment) Regulations, 2020, (SL 164 of 2020)

PERSONNEL (AMENDMENT) REGULATIONS, 2020

PUBLISHING DETAILS

Arrangement of Regulations

PERSONNEL (AMENDMENT) REGULATIONS, Arrangement of Regulations Regulation Amendment of regulation 32 of the Personnel Regulations (2019 Revision) - appointment

Regulation 1

PERSONNEL (AMENDMENT) REGULATIONS, In exercise of the powers conferred by section 67(1) of the Public Service Management Act (2018 Revision), the Cabinet makes the following Regulations — Citation and commencement (1) These Regulations may be cited as the Personnel (Amendment) Regulations, (2) These Regulations come into force on 1st January, 2021. Amendment of regulation 32 of the Personnel Regulations (2019 Revision) - appointment of staff without open competition The Personnel Regulations (2019 Revision), in these Regulations referred to as the “principal Regulations”, are amended in regulation 32(1) as follows — (a) in subparagraph (a), by deleting the words “on a Government scholarship”; (b) in subparagraph (c), by deleting the words “nor practical; or” and substituting the words “nor practical;”; in subparagraph (d), by deleting the words “vacancy exists.” and substituting the words “vacancy exists; or”; and (d) by inserting after subparagraph (d) the following subparagraph —

Regulation 3

“(e) the person appointed is a student intern who is being appointed to a position lasting nine months or less.”. Amendment of Schedule 1 - standard terms and conditions of employment The principal Regulations are amended in Schedule 1 as follows — (a) in paragraph 3 as follows — (i) in subparagraph (1) as follows — (A) in sub-subparagraph (b)(vii), by deleting the words “the client; and” and substituting the words “the client;”; (B) in sub-subparagraph (c), by deleting the words “full-time position.” and substituting the words “full-time position; and”; and (C) by inserting after sub-subparagraph (c) the following subsubparagraph — “(d) where the person appointed is returning from overseas study and is being appointed to a permanent position in the civil service, a settlement allowance equal to one month’s salary payable during the first week of service; which the employee shall repay in instalments over a period not exceeding six months by way of deduction from salary, or where the employee leaves the service before the settlement allowance is fully repaid, by way of deduction from any other payments due to the employee.”; (ii) in subparagraph (2) as follows — (A) in sub-subparagraph (d), by deleting the words “overtime or time-in-lieu for any hours worked in a week in excess of the normal hours of work as follows —” and substituting the words “in respect of any hours worked in a week in excess of the normal hours, which excess hours are authorised by the appointing officer, overtime or time-in-lieu as follows —”; (B) in sub-subparagraph (h)(ii), by deleting the words “its commencement; and” and substituting the words “its commencement;”; (C) in sub-subparagraph (i)(ii), by deleting the words “the employee.” and substituting the words “the employee; and”; and (D) by inserting after sub-subparagraph (i) the following subsubparagraph — “(j) at the discretion of the Deputy Governor, a nonpensionable, one-time honorarium payment.”;

Regulation 3

(iii) in subparagraph (4)(b), by deleting the words “according to the number of days worked in the pay period as a proportion of the total number of working days in the pay period”; and (iv) by inserting after subparagraph (4), the following subparagraph — “(5) Where an employee dies in service, for salaried staff a payment equivalent to three months’ salary and for wage workers a payment equivalent to six bi-weekly wage payments.”; (b) in paragraph 5(1) as follows — (i) by deleting sub-subparagraph (a) and the corresponding table and substituting the following — “(a) for full-time employees, other than staff whose attendance is shift-based, police officers and teachers — Band < 7 years 7 years and above A, B, C, D, E, F, G, H, I, J, K 25 work days 28 work days L, M, N, O, P, Q, R, GAA, GBB, GCC, GDD, GEE, GFF 18 work days 23 work days ”; (ii) in sub-subparagraph (e), by deleting the words “position worked; and” and substituting the words “position worked”; (iii) in sub-subparagraph (f), by deleting the words “the course.” and substituting the words “the course; and”; and (iv) by inserting after sub-subparagraph (f) the following subsubparagraph — “(g) for employees on suspension, no annual leave entitlement during the period of suspension.”; in paragraph 8(1)(c) as follows — (i) by inserting after the word “grandfather”, the words “, grandchild”; and (ii) by inserting after the words “in the event of”, the words “a calamitous occurrence to the employee, or”; (d) in paragraph 9(1) as follows — (i) in sub-subparagraph (b), by deleting the words “the Islands; and” and substituting the words “the Islands”; (ii) in sub-subparagraph (c), by deleting the words “the Islands.” And substituting the words “the Islands; and”; and (iii) by inserting after sub-subparagraph (c) the following subsubparagraph —

Regulation 4

“(d) in the case of an employee who dies in service, the employee’s eligible dependants shall continue to receive dependant medical benefits for three months following the employee’s death.”; and (e) in paragraph 10(a) as follows — (i) in sub-subparagraph (iii), by deleting the words “end of employment; and” and substituting the words “end of employment;”; (ii) in sub-subparagraph (iv), by deleting the words “the employee;” and substituting the words “the employee; and”; and (iii) by inserting after sub-subparagraph (iv), the following subsubparagraph — “(v) return travel; and other repatriation activities to be finalised by the employee no later than ninety days after the end of the employment; which period may be extended at the discretion of the appointing officer.”. Amendment of Schedule 4 - employment agreements The principal Regulations are amended in Schedule 4, in the Annex to that Schedule, in paragraph 8(a), by deleting the words “in accordance with section 20 of the Public Service Management Law (2018 Revision) and as specified in paragraph 14A of Schedule 1 to the Personnel Regulations (2019 Revision)” and substituting the words “in accordance with section 43 of the Public Service Management Act (2018 Revision) and as specified in paragraph 3 of Schedule 1 to the Personnel Regulations (2019 Revision)”.

Made in Cabinet the 15th day of December, 2020. Kim Bullings Clerk of the Cabinet