Regulations, 2007

L.N. 95 of 2007

LOCAL COUNCILS ACT

(CAP. 363)

Local Councils (Human Resources) (Amendment)

Regulations, 2007

IN exercise of the powers conferred by articles 53(2) and 72 of

the Local Councils Act, the Deputy Prime Minister and Minister for

Justice and Home Affairs with the concurrence of the Prime Minister

and Minister of Finance, has made the following regulations:-

The title of these regulations is the Local Councils (Human Citation.

Resources) (Amendment) Regulations, 2007, and they shall be read

and construed as one with the Local Councils (Human Resources)

L.N. 127 of

Regulations, 1998, hereinafter referred to as "the principal 1998.

regulations".

In regulation 2 of the principal regulations immediately Amendment of

after the definition of "Code of Ethics" there shall be added the regulation 2 of

the principal

following new definitions

regulations.

" "collective agreement" means the collective

agreement for clerical employees employed at the Local

Councils signed from time to time between the Local

Councils Association and the trade union representing the

majority of clerical employees employed by Local

Councils;

"days and hours of work", for the purposes of an

industrial action, refer to those days and hours as observed

by the respective Local Councils administration, and for

this purpose, Saturdays, Sundays and public holidays shall

not be deemed to be working days;".

Regulation 11 of the principal regulations shall be Amendment of

regulation 11 of

amended as follows

the principal

in paragraph (d) thereof, immediately after the regulations.

(a)

words ''special leave for pregnancy'' there shall be added the

words ''and another week without pay'';

(b) in paragraph (g) thereof, immediately after the

words ''an Executive Secretary'' there shall be inserted the words

''or clerical employee''; and

(c)

for paragraph (h) thereof there shall be substituted

the following new paragraph

''(h) Trade Union activities - three (3) working

days special leave shall be afforded each year to the

members of the Group Committee (provided that the

number of members does not exceed seven (7) persons)

representing the clerical employees of Local Councils to

attend for meetings, conferences, seminars or other similar

Union activities provided that prior consent is given by the

Mayor of the Council concerned.''.

The proviso to subregulation (4) of regulation 14 of the

principal regulations shall be amended as follows

(a)

in paragraph (a) thereof, for the words ''after

00p.m.'' there shall be substituted the words ''after 5.30p.m.'';

and

(b) for paragraph (c) thereof, there shall be substituted

the following new paragraph

''(c) in the month of August the clerical employees

shall work an average of six hours per day. After six (6)

hours work there shall be a break of fifteen minutes, (even

if working on half days). The two (2) hours per day worked

less during this month shall be compensated during the

other months of the year.''.

5. Immediately after regulation 14 of the principal

regulations there shall be inserted the following new regulation

'' Reduced hours.

(1) An employee who takes

care of children under the age of five (5)

years may submit a request in writing to

the Executive Secretary in order to work

on reduced hours. The request for this

purpose shall be submitted at least two

months prior to the need to make use of

this concession.

The Executive Secretary shall

immediately put forward such requests for

the consideration of the Council together

with his recommendations whether such

request should be accepted or not. In any

case the Council shall give its decisions in

writing. Such requests shall not be for less

than twenty hours a week based on a five

day week period.

(2) It shall be at the absolute

discretion of the Council on the basis of

its exigencies whether to approve or not

such requests. When such requests are

approved by the Council, the Council

shall establish the extent of the period by

which the employee shall benefit from

this concession subject to any other

condition which the Council may impose,

which shall be incorporated in a written

agreement between the Council and the

employee. The Council’s decision shall be

final.

(3) At all times the Council may

withdraw this concession after giving two

weeks notice in writing to the employee,

provided that during the first year of the

contract of employment the notice shall be

of three weeks. The employee, to whom

the concession to work on reduced hours

has been granted, shall not on his own

accord work on a full-time basis, but shall

submit a written request to the Executive

Secretary to work on a full-time basis. The

Executive Secretary shall put the reasons

before the Council, giving also his written

recommendations. The request shall not

be turned down without a valid reason.

The decision by the Council shall be final

and shall be immediately communicated

to the employee by the Executive

Secretary.

During the period of reduced

hours, the salary to be paid and any other

benefits to be granted, including any type

of leave, to the employee shall be on a

pro-rata basis.''.

6. Subregulation (1) of regulation 16 of the principal Amendment of

regulations shall be substituted by the following new subregulation: regulation 16 of

the principal

''(1) (a) Vacant and, or new posts shall be filled by means regulations.

of an internal call for applications issued by the Local Council

within the Local Council concerned

Provided that when the Council does not find

anyone eligible for the vacant post, the Council shall issue a call

for applications in accordance with the provisions of the Act.

(b) After obtaining the necessary permit from the

Employment and Training Corporation, the Council shall send a

notice by means of electronic mail to all Local Councils inviting

applications from amongst eligible clerical workers. All

applications shall be considered and all applicants shall be

called for an interview to be conducted by the Council. Every

application submitted by any clerical employee of any Council

shall automatically be short listed during the adjudication

process''.

7. Immediately after subregulation (4) of regulation 19 of the

principal regulations, there shall be added the following new

subregulation

''(5) The level between 3% and 6% shall be assessed by

means of a performance appraisal carried out on the form found

in the Schedule; the performance appraisal is intended to assist

the Local Council in evaluating the level of performance of the

clerical employee concerned.''.

8. Regulation 20 of the principal regulations shall be

amended as follows

(a)

in subregulation (1) thereof, immediately after the

words ''the written approval of the Council'' there shall be added

the words '', and this up to a maximum of 48 hours'';

(b) for subregulation (2) thereof, there shall be

substituted the following subregulation

''(2) (a) Clerical employees shall be entitled to 192

hours of annual vacation leave, or such other amount as

may, from time to time, be prescribed according to law.

Vacation leave may be availed of as full days or half days,

provided that three days may be availed of on a two hourly

basis. A clerical employee shall avail himself of seventy

per cent (70%) of his vacation leave by the end of

September while the remaining thirty per cent (30%) shall

be availed of by the end of the year.

(b) Vacation leave not availed of due to

exigencies of work as determined by the Council may only

be accumulated from one year to another through the

written approval of the Council.

(c) All vacation leave shall be approved by the

Executive Secretary after a written request by the clerical

employee. As a rule, vacation leave of less than three days

shall be applied for three days prior to the intended

vacation leave days, and vacation leave of more than three

days shall be applied for a week prior to the said period of

vacation leave

Provided that this rule shall not apply for

urgent vacation leave requests made by the clerical

employee subject to such urgency being accepted by the

Executive Secretary.''; and

(c)

immediately after subregulation (2) thereof, there

shall be added the following new subregulation

''(3) A clerical employee shall have the right to

avail himself of sixteen (16) hours vacation leave, from the

one hundred and ninety-two (192) hours vacation leave

entitlement, in case of an emergency, for which

documentary evidence must be provided by the clerical

employee concerned.''.

9. Immediately after regulation 23 of the principal Addition of new

regulation 23A

regulations there shall be added the following new regulation

to the principal

regulations.

'' Other leave and

(1) A clerical employee may

benefits.

apply for unpaid leave totalling a

maximum of forty (40) hours each year.

This unpaid leave may be availed of at a

minimum of four (4) hours at a time, and

only on condition that the employee has

utilized all his vacation leave entitlement

and subject to the prevailing working

circumstances.

(2) A clerical employee shall be

entitled to three (3) months parental leave

without pay for every new born child.

(3) The conditions regulating the

health scheme as stipulated in regulation

13A shall, mutatis mutandis, apply to

clerical employees of Local Councils.''.

10. In subregulation (1) of regulation 24 of the principal Amendment of

regulations, immediately after the words ''published in the Human regulation

the principal

Resources Procedures.'' there shall be added the following new regulations.

paragraphs

''The contract of employment shall incorporate the

conditions agreed upon in the collective agreement; in the

absence of such conditions, the provisions of Part V of the Act

shall, mutatis mutandis, apply

Provided that clerical workers may be employed on a

contract of less than three years in order to substitute clerical

workers who are on long unpaid leave.''.

11. Regulation 34 of the principal regulations shall be

substituted the following new regulation

''34. The Executive Secretary and the clerical employees

shall be entitled to a qualification allowance of -

Lm 400 - for Ph.D.;

Lm 300 - for a Masters degree;

Lm 200 - for a First Degree; and

Lm 100 - for a diploma,

or such other allowance as may be awarded in accordance with

the procedure applicable to the public sector (General Service

Grades) and subject that this qualification shall be related to

functions connected with the Council

Provided that such allowance shall not be awarded

to the Executive Secretary or any other clerical employee who

has successfully attended a course for prospective Local

Councils Secretaries.''.

12. Immediately after regulation 34 of the principal

regulations there shall be added the following new regulation

'' Training.

A clerical employee shall be

provided with training and facilities to

attend for training on matters related to

such employee’s functions on the Local

Council. In case of university courses a

clerical employee shall be entitled to one

day special study leave in order to sit for

an examination on that day.''.