LOCAL GOVERNMENT (HUMAN RESOURCES) REGULATIONS (humanresources)

SUBSIDIARY LEGISLATION 363.20

LOCAL GOVERNMENT (HUMAN RESOURCES)

REGULATIONS

1st July, 1998

LEGAL NOTICE 127 of 1998, as amended by Legal Notices 174 of 1998,

89 of 2000, 64 of 2001, 282 of 2005, 95 and 425 of 2007, and 361 of 2014;

and Act XXVII of 2016 and Legal Notices 358 of 2022 and 47 of 2023.

PART I

General Provisions

The title of these regulations is the Local Government

(Human Resources) Regulations.

Amended by

L.N. 89 of 2000.

Regulations 6 and 19

PERFORMANCE BONUS APPRAISAL

Name ....................................................... Job Title .............................................

Period of Appraisal ..............................................................................................

Length of time in post ..........................................................................................

................................................ Local Council

OVERALL PERFORMANCE

[The objective of this Section is to provide the Executive Secretary/employee

with feedback about his overall performance]

Select the box below which you think best summarises the Executive Secretary’s/

employee’s overall performance when compared to his work expectations. Your

rating should consider

how well-achieved was the work assigned to the Executive Secretary/employee;

how he went about to do his job; how demanding was the job assigned; and any

other achievements reached besides the assigned tasks. The rating scale includes

three ranges of acceptable and one level of unacceptable work performance

rating, according to the following criteria

Exceeded

Achievements consistently and significantly

Expectations

exceeded objectives or requirements.

Commendable

Achievements consistently met the majority

Expectations

of objectives or requirements. In some areas,

accomplishments may have exceeded work

expectations whereas in others, they may

occasionally have fallen short; however, the

overall performance reached the objectives

or requirements.

LOCAL GOVERNMENT (HUMAN RESOURCES)

Satisfactory

Overall achievements frequently met several

Performance

of the objectives or requirements. With

improvements in certain areas in the work

plan, the work performance may be

considered satisfactory.

Achievements

Achievements consistently fell below

Not Acceptable

objectives or requirements. Remedial action

should be considered unless improvements

are shown.

PERFORMANCE BONUS APPROVED: ........................... %

BY A RESOLUTION PASSED DURING A COUNCIL MEETING HELD ON

................................................................... of the year

MAYOR ............................................ DATE .............................

LOCAL GOVERNMENT (HUMAN RESOURCES)

Performance Factors

[This Section should enable to show in detail how the Executive Secretary/

employee goes about achieving the results of the job by establishing his strengths

and weaknesses along different performance factors. For each factor the space

marked "COMMENTS" should be used where specific examples typical of the

Executive Secretary’s/employee’s performance are given, clearly showing the

e ff e c t i v e n e s s r a t in g gi v e n a n d ot h e r f ac t o r s w h i c h h av e i n fl u e n c e d h i s

performance.]

PERFORMANCE

COMMENTS

AND

DEFINITIONS

1. Volume of Work

Volume of work done

compared with the job

requirements.

2. Quality of Work

Accuracy

and

presentation of work.

3. Knowledge

of

Job: Understanding job

procedures, equipment

and

methods,

responsibilities and

scope of duties.

4. Dependability

The degree to which

this person can be

counted upon to do

what is required in

carrying out assigned

tasks and to meet

deadlines. Include also

comments

on

attendance

and

punctuality.

LOCAL GOVERNMENT (HUMAN RESOURCES)

5. Innovation

The

degree to which the

Executive Secretary/

employee continuously

examines m ethods and

policies and make

suggestions

for

improvements.

6. Staff Development

Consideration

for

subordinates shown;

planning of work to be

carried out by his

subordinates, as well as

their

monitoring,

appraisal

and

development.

7. Communication

Ability to communicate

both verbally and in

writing.

8. Teamwork

What

relationship has been

established with work

colleagues and others

related to Council work.

Effectiveness Rating Summary

Performance Factor

High

Medium

Satisfactory

Not

Acceptable

1. Volume of work

2. Quality of work

3. Knowledge of job

4. Dependability

5. Innovation

LOCAL GOVERNMENT (HUMAN RESOURCES)

High

Medium

Satisfactory

Not

Acceptable

6. Staff Development

7. Communication

8. Teamwork

Overall marking [Insert x where applicable]

Exceeded Expectations

Commendable

Satisfactory Performance

Not Acceptable

General Comments by the Mayor

LOCAL GOVERNMENT (HUMAN RESOURCES)

Work Improvement Plan

[This Section enables you to formulate a work improvement plan for the

performance sector in which improvement is needed.]

Performance Factor

Recommendations for improvement in the

E x e c u t i v e S e c r e t a r y ’s / E m p l o y e e ’s w o r k

performance

Executive Secretary’s/Employee’s Comments

This appraisal has been reviewed and discussed with the Executive Secretary/

employee

Mayor

Executive Secretary/Employee

Date

In these regulations, unless the context otherwise requires -

"Act" means the Local Government Act;

"Code of Ethics" means the Code of Ethics for Employees in the

Public Sector published by the Cabinet Office in October 1994;

"collective agreement" means the signed collective agreement

for clerical employees employed at the Local Councils and

Regional Councils, and as may be in force, from time to time,

between the Local Councils Association and the trade union

representing the majority of clerical employees employed by Local

Councils and Regional Councils, and it also includes the signed

collective agreement for Executive Secretaries of Local Councils

and Regional Councils, and as may be in force, from time to time,

between the Government, the Local Councils Association and the

trade union representing the majority of Executive Secretaries

employed with Local Councils and Regional Councils

Provided that in the event that any of these regulations

conflict with the provisions of any collective agreement in force, the

provisions of the latter shall prevail;

"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;

" em p l o y e e " m e a n s a n y C o u n c i l em p l o y e e o t h e r t h a n t h e

Executive Secretary;

"employment contract" means the employment contract indicated

in Appendix P4.V to the Human Resources Procedures;

"Human Resources Procedures" means the Local Government

(Human Resources) Procedures, L.C.P. 4/96, published by virtue of

the Local Government (Procedures) Regulations;

"Minister" shall have the same meaning as described in the Act;

"Executive Secretary" shall have the same meaning as described

in the Act.

PART II

Qualifications and Remuneration of Secretaries

No person shall be qualified for appointment of Council

Executive Secretary if that person does not produce a certificate,

reference or declaration indicating that he possesses the following

minimum qualifications

(a) is proficient in accounting procedures and office

computer applications (Word-processing, Data-base

and Spreadsheet);

(b) have managerial and/or executive experience or

competence; and

(c) possesses the qualifications which are normally

required in order to read for a university degree in

Business Administration and/or Management

Provided that these minimum requirements do not apply to

those persons who on the date of the publication of these

regulations were occupying the post of Executive Secretary or who

have successfully attended a course for prospective Local Council

Secretaries organised by the Local Councils Department and were

employed for a period of time as Executive Secretaries with a Local

Council

Provided further that these requisites do not apply also to

Council Executive Secretaries when their employment contract is

due for renewal with a Local Council, or who apply for the post of

Executive Secretary with any other Local Council.

(1) Executive Secretaries shall be employed in terms of

article 51 of the Act and shall be entitled to the remuneration

prescribed in sub-regulation (2).

(2) The following remuneration shall be payable to Executive

Secretaries

(a) Full-time Executive Secretary: where the Council size is -

9 to 13 members not more than the maximum of Scale 5

7 members

not more than the maximum of Scale 6

5 members

not more than the maximum of Scale 7

The remuneration hereabove mentioned shall be in

accordance with employment conditions shown in

regulation 27, Part V. Provided that the Executive

Secretaries who on the 2nd June, 2000, occupy the

position of Executive Secretaries shall be paid the

maximum of their relative scale.

(b) Part-time Executive Secretary

who attends at least 20 hours per week is paid pro rata

the remuneration payable to the Executive Secretary of

that Council.

(1) The salaries of Executive Secretaries are equivalent to

the salary scales of employees in the Public Service and any

increase in the salaries in the Public Service shall be added to the

salaries of Executive Secretaries as indicated in the preceding

regulation.

(2) A full-time Executive Secretary shall also be entitled to

such cost of living increases as may be prescribed from time to time

by the Government.

(1) The Council may also, at its discretion, award to the

Executive Secretary, at the end of any financial year, a performance

bonus not exceeding 10% of the last salary received

Provided that the Council shall also award to the Executive

Secretary at least 5% of the performance bonus

Provided further that in the case of those Executive

Secretaries whose employment was terminated prior to the end of

the financial year the bonus payable shall be computed on his last

salary received.

(2)

(a) If the performance bonus is approved, this shall be

made in accordance with the following criteria

5% - if in the opinion of the Local Council the

Executive Secretary has performed his duties in a fully

satisfactory manner, as well as having shown a high

level of competence and capability in a manner

whereby, in general terms, he has met all the objectives

which could be met in the circumstances and may

sometimes have even exceeded them. The level of

performance required at this level should be such that

in a consistent manner the Executive Secretary has met

all requirements of the position.

10% - if in the opinion of the Local Council the

Executive Secretary has not only performed his duties

in a fully satisfactory manner, but in a significant and

tangible manner he performed beyond competent level,

and also where his performance is one which goes

beyond what is normally required of the position.

(b) These levels shall be evaluated by means of a

performance appraisal carried out on the form found in

the Schedule. This performance appraisal is intended

to help the Local Council to evaluate the Executive

Secretary’s performance.

The appointment of a Deputy Executive Secretary shall be

made by means of a Council resolution and in terms of article 51 of

the Act. The Deputy Executive Secretary shall be given a

remuneration which is equivalent to the maximum salary in Scale

11 for a period of ten (10) consecutive days, after which shall be

payable the equivalent of the salary due to the Executive Secretary

of the same Council. In such a case there shall be applicable also all

the conditions which regulate the position of Executive Secretary

until that day when the Executive Secretary resumes his duties or

the Council appoints a new Executive Secretary according to

circumstances

Provided that this arrangement for the appointment of a

Deputy Executive Secretary shall not exceed ninety (90) days from

the date of appointment.

An Acting Executive Secretary may only be appointed in

terms of article 49(1) and (4) of the Act.

PART III

Conditions of Employment of the Executive Secretary

The Executive Secretary shall work an average of forty

(40) hours per week, as long as the nature of work does not require

otherwise, in accordance with a time-table determined by the

Council by means of a resolution from time to time and provided

that these are normal office hours

Provided that the Executive Secretary shall not be entitled

to compensation for extra hours which he is expected to work due

to work exigencies or in order to perform his functions.

(1) Vacation leave which has not been availed of due to

work exigencies as determined by the Council, can only be

accumulated from one year to another with the approval of the

Council. Every vacation leave shall be approved by the Mayor after

a request by the Executive Secretary.

(2) The Executive Secretary shall avail himself of seventy per

cent (70%) of the vacation leave by the end of September while the

remaining thirty per cent (30%) shall be availed of by the end of the

year.

The Executive Secretary shall also be entitled to special

leave with pay in the following cases

(a) Death of relatives - three (3) working days in the case

of death of the wife or husband, the mother or father,

son or daughter, and brother or sister of the Executive

Secretary. In the case of death of grandparents, and the

mother or father, or such person who is the foster

mother or father of the Executive Secretary, brother or

sister of the wife or husband of the Executive

Secretary, there shall be granted one (1) working day

special leave with pay. Such special leave shall be

availed of immediately following the death;

(b) Marriage - five (5) working days in the case of the

Executive Secretary’s marriage;

(c) Birth - three (3) working days in the case of the birth

of a baby to the Executive Secretary’s wife;

(d) Pregnancy - female Executive Secretaries are entitled

to thirteen (13) weeks with special leave for pregnancy

and another week without pay;

(e) Medication following injury - in addition to what is

provided in regulation 13, an Executive Secretary who

sustains injuries in the course of his duties shall be

granted special leave as is necessary in order to take

medication or to appear before the Social Security

Injuries Board;

(f)

Jury service - when an Executive Secretary is

appointed juror, he shall be afforded special leave for

the duration of the jury;

(g) Witness - an Executive Secretary or clerical employee

who is summoned as a witness by a Court or other

Tribunal shall be granted special leave, provided that

his testimony is required in a case which is directly

related to his duties as a Council official;

(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.

(1) The Executive Secretary shall be entitled, in any

calendar year, to thirty days sick leave with full pay from which the

total amount of sickness benefit paid under the Social Security Act

shall be deducted, and a further thirty (30) days on half pay from

which shall be deducted half the amount of sickness benefit

received under the Social Security Act.

(2) An Executive Secretary who has been employed with the

Council for less than one year, shall be entitled to sick leave on a

pro rata basis according to the duration of employment.

(3) In

exceptional

circumstances

of

hospitalization,

convalescence from chirurgical operation, or terminal disease,

where in all three cases a specialist’s medical certificate is

required, the right to sick leave as indicated in sub-regulation (1)

shall be increased, provided that such an increase does not exceed

the amount of sick leave which has been unavailed of in the

preceding two years.

In the case of injury on duty, and provided that such injury

is not a result of carelessness on his part and provided also that

such work is part of his duties, an Executive Secretary shall be

entitled to full pay, from which shall be deducted any injury benefit

received under the Social Security Act, for the whole period during

which he is hospitalized, or during which he is convalescent, or

during which he is temporarily unable to perform his duties

Provided that this benefit cannot be granted for a period

which exceeds one year from the day after the injury occurred.

The Executive Secretary shall be entitled to a Health

Scheme (Health Assurance) on the basis of any conditions and

benefits established by the Local Councils Association.

PART IV

Qualifications, Remuneration and Conditions of Work

of other Employees

(1) The Council may also appoint other personnel to

perform clerical, technical or other duties in accordance with its

needs and in order to operate efficiently as indicated in article 53 of

the Act, and according to the qualifications which the Council

deems appropriate and without prejudice to the qualifications as

indicated in sub-regulation (3)(b).

(2) In appointing a person in any category as indicated in sub-

regulation (1), the Executive Secretary, as administrative head of

the Council, shall be an ex officio member of the selection board.

(3)

(a) The duties of the clerical employees in scales 11, 13

an d 15 sh all b e eq ui val ent t o th ose of A ssista nt

Principal Officer, Executive Officer and Clerk in the

Public Service.

(b) The minimum requirements for the filling of posts as

indicated in sub-regulation 3(a) shall be as follows

(i)

Clerk (Scale 15)

Eligible in one of the following categories (a, b or

c)

(a)

in possession of a qualification

which shows a pass (in Grade 1-5, Grade C or

comparable level) in five (5) subjects in MQF

Level 3, which shall include Maltese, English,

Mathematics and IT Office Applications Skills;

(b)

in possession of a full VET

qualification in MQF Level 3 or a Secondary

School Certificate and Profiling qualification at

MQF Level 3 in five (5) subjects which shall

include Maltese, English, Mathematics and IT

Office Applications Skills as separate study-units

within the course pursued; or

(c)

public officers in the Maltese Public

Service in the grade of Clerk, the appointment of

whom was confirmed and having a minimum of

two (2) years satisfactory service in the grade.

(ii)

Executive Officer (Scale 13)

Eligible in one of the following categories (a, b, c,

d or e)

(a)

in possession of a recognised (two

(2) years full-time or equivalent) qualification in

MQF Level 4 (subject to a minimum of 120

LOCAL GOVERNMENT (HUMAN RESOURCES)

credits ECTS/ECVET or equivalent) in subjects

were the main or secondary study area is in one of

the following: Public Policy, Management,

Business or Office Administration, Human

Resources, Training and Development, Finance,

Accounts, Economics, Public Administration,

Business Studies, Social Policy, European Union

and

International

Relations,

Information

Technology and ICT, Environmental Studies u

studies related to Agricultural Management/

Energy

Management,

Statistics,

Built

Environment, Project Management, Quality

Management,

Communications,

Sociology,

Procurement, Secretarial Studies or other subjects

in related study areas; or

(b)

in possession of a qualification in

‘A’ Level in MQF Level 4 (in Grade 1-5, Grade C

or comparable level) in related subjects.

In cases (a) and (b) above-mentioned,

applicants shall also be in possession of

(i)

a qualification showing that

they have a pass (at least in Grade 1-5,

Grade C or comparable level) at MQF

Level 3 in Maltese, English, Mathematics

and IT Office Application Skills, unless

these subjects are not included as separate

study-units within the course of studies

and, or subjects at ‘A’ Level pursued at

MQF Level 4; or

(ii)

a VET qualification at MQF

Level 3 or a Secondary School Certificate

and Profiling qualification at MQF Level 3

in Maltese, English, Mathematics and IT

Office Application Skills as separate study-

units within the course pursued, unless

these subjects are not included as separate

study-units within the course of studies

and, or subjects at ‘A’ Level pursued at

MQF Level 4;

(c)

public officers in the Maltese Public

Service in the grade of Senior Clerk whose

appointment has been confirmed and having a

minimum of two (2) years satisfactory service in

the grade;

(d)

public officers in the Maltese Public

LOCAL GOVERNMENT (HUMAN RESOURCES)

Service in the grade of Clerk whose appointment

has been confirmed and having a minimum of

three (3) years satisfactory service in the grade; or

(e)

two (2) years experience in the

grade of Clerk (Scale 15) with a Local Council

and subject to satisfactory performance and

minimum qualifications of Scale 15.

(iii)

Assistant Principal Officer (Scale 11)

Eligible in one of the following categories (a, b, c

or d)

(a)

in possession of a recognised

qualification in MQF Level 5 or higher (subject to

a minimum of 60 credits ECTS/ECVET or

equivalent) in one of these subjects: Public Policy,

Management; Business or Office Administration,

Human Resources, Training and Development,

Finance,

Accounts,

Economics,

Public

Administration, Business Studies, Social Policy,

European Union and International Relations

Information Technology and ICT, Environmental

Studies and studies relating to Agricultural

Management/ Energy Management, Statistics,

Built Environment, Project Management, Quality

Management,

Communications,

Sociology,

Procurement, Secretarial Studies or other subjects

in a field of related study;

(b)

in possession of two (2) ‘A’ Level

qualifications in MQF Level 4 (in Grade 1-5,

Grade C or comparable level) in related subjects;

In cases (a) and (b) above-mentioned,

applicants shall also be in possession of

(i)

a qualification showing that

they have a pass (at least in Grade 1-5,

Grade C or comparable level) in MQF

Level 3 in Maltese, English, Mathematics

and IT Office Application Skills, unless

these subjects are not included as separate

study-units in the course of studies and, or

subjects at ‘A’ Level followed at MQF

Level 4; or

(ii)

A VET qualification in MQF

Level 3 or a Secondary School Certificate

and Profiling qualification at MQF Level 3

in Maltese, English, Mathematics and IT

Office Application Skills as separate study-

units within the course pursued, unless

these subjects are not included as separate

study-units in the course of studies and, or

subjects at ‘A’ Level pursued at MQF

Level 4;

(c)

three (3) years experience in the

Maltese Public Service in the grade of Executive

Officer in salary scale 13 whose appointment has

been confirmed; or

(d)

two (2) years experience in the

grade of Executive Officer (Scale 13) with a Local

Council, and subject to a satisfactory performance

and minimum qualification of Scale 13..

(4) The working hours of the Council employees shall be

determined by means of a Council resolution after having received

the Executive Secretary’s recommendation

Provided that in the case of employees on clerical duties,

the working hours shall be determined by the Secretary after having

consulted with the Mayor and provided that these work an average

of forty (40) hours per week spread over five days, from Monday to

Friday, as follows

(a) all the months (except August) not before 7.00 a.m.

and/or after 5.30 p.m.;

(b) in the month of August, not before 7.00 am. and/or

after 1.30 pm.;

(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) The Executive Secretary, as the administrative head of the

Council, shall be responsible for the administration of all Council

employees, including the giving of orders, discipline, instructions

and work distribution.

(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.

(1) Full-time employees shall be employed in any one of

the scales from Scale 11 to Scale 18 and the remuneration shall be

according to equivalent grades in the public service

Provided that the Director may give a concession with regard

to other equivalent scales in the public service, including those in

managerial grades, by means of directives in accordance with article

80 of the Act after consultation with the Association.

(2) Where the Act provides for the employment of a part-time

official, the person so employed shall be entitled to pro rata

remuneration in respect of the grade in which the employee has

been engaged, including the weekly allowance, as well as to pro

rata entitlement to the statutory benefits (such as vacation leave

and sick leave), provided that the part-time employment with the

Council is his only employment.

(3) The following remuneration shall be payable to full-time

Council employees

(a) Officer in Scale 11

a minimum of €11,679.48 and a maximum of

€13,179.59 per annum;

(b) Officer in Scale 13

a minimum of €10,337.76 and a maximum of

€11,679.48 per annum;

(c) Officer in Scale 15

a minimum of €9,145.12 and a maximum of

€10,337.76 per annum;

(d) Officer in Scale 16

a minimum of €8,819.01 and a maximum of €9,722.80

per annum;

(e) Officer in Scale 18

a minimum of €7,829.02 and a maximum of €8,593.06

per annum.

(This scale is not applicable to clerical employees).

The rates indicated above include cost of living

increase for the year 2001.

(4) The amounts indicated in sub-regulation (3) are equivalent

to the remuneration payable in the mentioned salary scales in the

Public Service for 2001, and every increase in these scales shall be

applicable to the salaries of employees of Local Councils.

(5)

(a) Any employee who is not engaged in the maximum of

the salary scale shall be entitled to yearly increments in

that scale, until the maximum of the scale is reached.

(b) The increment shall be divided into equal parts over a

period of four years whenever the employee is engaged

in the minimum of the scale.

(c) The increment is payable with effect from the first day

of the month when such employment is made, and such

increment shall only be given with the approval of the

Council after the performance of the employee has

been appraised.

(d) An increment may not be given in the case of a serious

breach of discipline or for any other reason which the

Council deems justifiable.

(e) On the renewal of an employment contract the

employee shall remain entitled for the remaining

increments until the maximum of the scale in which he

is employed is reached.

(f) The renewal of the contract for any other three-year

period shall be deemed effective unless there is a

negative report in the performance appraisal or in any

other similar report, which merits the termination of

the contract. For this purpose, at least one month

b e f o r e t h e e x p i r y o f t h e e m p l o y e e ’s c o n t r a c t o f

employment, the Executive Secretary shall present to

the Council a report on the employee’s performance.

(6) The duties of the clerical employees in scales 15, 13 and 11

shall be equivalent to those of Clerk, Executive Officer and

Assistant Principal Officer in the Public Service.

(1)(a) Vacant and, or new posts shall be filled by means 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 Jobsplus,

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.

(2) An employee of the Council who is not chosen to fill a post

for which he applies, is entitled to be given the reasons why he has

not been chosen.

(3) Whenever a Council employee is chosen to fill a higher

grade, the salary in the new grade shall be such as to reflect an

increment in the new scale. Whenever it is necessary the salary

shall be stepped up.

(1) The employees cannot refuse to work overtime when

i n th e opin ion of the E xecuti ve S ecretary such o verti me i s

necessary, unless a valid and justified reason is given, when, except

in cases of emergency, such employees are given reasonable

notification in advance which as a rule shall not be less than

twenty-four hours.

(2) In the case of an emergency, where the notification given in

advance is less than two hours, the employee shall be paid at the

rate of two hours for each hour.

(3)

The overtime rate for employees shall be as follows

(a) from Monday to Saturday at the rate of one and an half

hours for every hour;

(b) Sundays and public holidays at the rate of two hours

for every hour;

(c) whenever overtime is not done immediately after or

before the working hours, there shall be paid not less

than four hours at the applicable rate;

(d) any overtime done between 10 p.m. and 6 a.m. shall be

at the rate of two hours for every hour.

Full-time officers shall be awarded such cost of living

increases as may be prescribed from time to time by the

Government.

(1) The Council may also, at its discretion, award to any

of its employees, at the end of any financial year, a performance

bonus not exceeding 6% of the employee’s last salary received

Provided that in the case of those employees who had

terminated their employment prior to the end of the financial year,

such bonus shall be computed pro rata on their last salary received.

(2) The performance level of Council employees shall be

assessed by the Executive Secretary, as administrative head of the

Council, on the form set out in the Schedule, and such appraisal

together with the Executive Secretary’s recommendation shall be

forwarded to the Council for its final approval.

(3) If the performance bonus is approved, this shall be made in

accordance with the following criteria

0% - if in the opinion of the Council the clerical

employee has not reached the required level as is

normally required of the position;

3% - if in the opinion of the Council the clerical

employee has performed his duties in a satisfactory

manner and has shown a high level of competence and

capability in carrying out his duties, in general reached

the objectives which in the circumstances could be

reached and in some cases exceeded. The level of

performance required in this case shall be in such a

manner that at all times the clerical employee reached

the objectives normally required of the position;

6% - if in the opinion of the Local Council the clerical

employee has not only performed his duties in a fully

satisfactory manner, but in a significant and tangible

manner has performed beyond competent level, and

also where his performance is one which goes beyond

what is normally required of the position.

(4) These levels shall be evaluated by means of a performance

appraisal carried out on the form found in the Schedule. This

performance appraisal is intended to help the Local Council to

evaluate the employee’s performance.

(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.

(1) Accumulation of vacation leave from one year to

another, but not exceeding two successive years, shall only be

given through the written approval of the Council, and this up to a

maximum of forty-eight hours.

(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.

(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.

The conditions of special leave with pay as stipulated in

regulation 11 shall mutatis mutandis apply to Local Council

employees.

The conditions of sick leave as stipulated in regulation 12

shall mutatis mutandis apply to Local Council employees.

The conditions regulating injury on duty as stipulated in

regulation 13 shall mutatis mutandis apply to Local Council

employees.

(1) A clerical employee may 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.

PART V

Miscellaneous

(1) All appointments in the service of the Council shall be

on a three-year contract which may be renewed for successive

periods of three years. The contract document shall be the one

published in the Human Resources Procedures.

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.

(2) Five months prior to the termination date of the contract of

employment of the Executive Secretary with the Council, the

Executive Secretary shall notify the Mayor in writing of such

termination, upon which the procedure laid down in sub-

regulations (3) and (4) shall come into force.

(3) On notification by the Executive Secretary in accordance

with sub-regulation (2), the Mayor shall put the subject on the

Agenda of the first Council meeting, wherein the subject shall be

discussed and a decision is taken by means of a resolution during

such Council meeting.

(4) Any decision whether to renew the contract or not, shall be

taken three months before the termination date of the contract.

(5) Failure to proceed in terms of sub-regulations (2) to (4), the

contract of employment of the Executive Secretary shall remain

val i d up t o t he ev e n tu a l d e c i s i on t o o bs e r v e th e pr oc e du r e

established in sub-regulations (3) and (4).

(6) In the case where the Council resolves to terminate the

contract prior to the termination date, such resolution shall be in

accordance with the procedure established in sub-regulations (2) to

(4).

The appointment of Council Executive Secretaries and

other employees from outside the public service shall be regulated

by the provisions of article 110(6) of the Constitution.

No appointment shall be offered in the service of the

Council unless two acceptable written references are received.

The appointment of new employees in the service of the

Council, including that of the Executive Secretaries, shall be

subject to a term of probation as follows

(a) persons employed as Executive Secretaries for the first

time shall be subject to a term of probation of one year

and shall be placed on the second notch below the

maximum of the respective scale. The Executive

Secretary whose contract is renewed by the same

Council shall not be subject to any other probation;

(b) an Executive Secretary, whose contract with the

Council has terminated or been terminated, enters into

a new contract with a different Council, shall be

subject to probation for a period of one year and shall

be paid the maximum of the relative salary scale;

(c) every Council clerical employee shall be subject to a

term of probation of six months when signing the first

contract. A clerical employee whose contract has been

renewed with the same Council shall not be subject to

another term of probation

Provided that if an employee is offered a contract

with the same Council in a higher scale, he shall then

be subject to a term of probation of three months and

shall be paid two notches below the maximum of the

new scale

Provided also that if an employee signs a contract

with a different Council he shall be subject to a term of

probation of six months. During the term of probation,

if he is employed in the same salary scale he was

receiving or one less with the preceding Local

Council, he shall be paid the respective salary

Provided further, if the employee shall be

engaged in a higher scale than that he was occupying,

he shall receive the minimum of the new scale.

(1) If it comes to the knowledge of any Executive

Secretary or other Council employee that a contract in which he has

any pecuniary interest, whether direct or indirect, not being a

contract to which he is a party, has been or is proposed to be,

entered into by the Council, he shall as soon as practicable, disclose

the interest in writing to the Council.

(2) The Executive Secretary shall record such disclosure in the

Council minutes.

(3) Any person as mentioned in sub-regulation (1) who

knowingly does not disclose such interest shall be subject to

disciplinary action which could lead to dismissal.

No Executive Secretary or Council employee shall

participate in the recommendation or interview procedures of a

candidate applying for employment with the Council if such

candidate is related to the Executive Secretary or employee. For the

purpose of this regulation a candidate shall be deemed to be so

related if he falls under any of the relationships stipulated under

article 20(4) of the Act.

(1) The Executive Secretary or any other Council

employee shall not communicate to any person the content of

documents relating to the Council unless required by law or

expressly authorised to do so by the Council.

(2) The Executive Secretary or any other employee shall not be

permitted to give interviews or make public statements nor to

disclose any information acquired during the course of his duties

unless required to do so in accordance with the Act or so authorised

by the Mayor in writing.

(1) The Executive Secretary and Council employees shall

be required to observe the Code of Ethics during the course of their

duties.

(2) The Executive Secretary and other Council employees shall

also observe the provisions which regulate conduct as indicated in

the Human Resources Procedures.

No member of the Council shall act as a Council employee

or carry out such duties in the absence of the Executive Secretary

or the Deputy Executive Secretary, or of any other employee.

(1) There shall be established a Health and Safety

Committee composed of equal representatives between the Local

Councils Association, the Union which at that time shall be

representing the interests of the Executive Secretaries and the

Association of the Local Councils Executive Secretaries (Malta),

with the aim to implement issues and regulations regarding health

and safety at the place of work.

(2) The chairman of this committee shall be appointed by the

Local Councils Association after consultation with the said union.

The Executive Secretary and the clerical employees shall

be entitled to a qualification allowance of -

€931.75 - for Ph.D.;

€698.81 - for a Masters degree;

€465.87 - for a First Degree; and

€232.94 - 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.

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.

LOCAL GOVERNMENT (HUMAN RESOURCES)