STATE CHANCELLERY OF THE REPUBLIC OF MOLDOVA
Personnel Policy Division
REPORT
ON THE ENFORCEMENT OF LAW ON PUBLIC OFFICE AND STATUS OF CIVIL SERVANT
in central public administration authorities
January-September2010
1, Piata Marii Adunari Nationale
Chisinau, MD-2033
Republic ofMoldova
tel.250-132; 250-137
web:
e-mail:
Chisinau - 2010
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CONTENTS
LIST OF ACRONYMS
SUMMARY
I. CIVIL SERVICE REFORM IN 2010
II. CIVIL SERVICE MANAGEMENT
2.1. Competencies in human resources management
2.2. Civil service positions and civil servants
2.2.1. Dynamics of civil servants in the Republic of Moldova in y. 2001-2010
2.2.2. Information about staff in public administration in the reported period
2.2.3. Information about staff in central public administration in the reported period
2.2.4. Dynamics of authorized posts in central offices of central specialized bodies during implementation of CPA reform (2004-2010)
2.2.5. Information about civil service positions in central offices of central specialized bodies in January – September 2010
III. MONITORING COMPLIANCE WITH NEW CIVIL SERVICE LEGISLATION
3.1. Staff list filling out and endorsement
3.2. Drafting, coordination and approval of job description
3.3. Employment in civil service (including through competition)
3.4. Probation period for junior civil servants
3.5. Procedure for combining several jobs by civil servants
3.6. Professional development of civil servants in public administration
3.6.1. General data about professional development of civil servants
3.6.2. Written commitment by civil servant to work in civil service for attending professional development events
3.7. Performance appraisal of civil servants
IV. CONCLUSIONS AND PRIORITIES
Annex no.1. Staff in Moldovan public administration, as at 01.07.2010
Annex no.2. Data about staff in central offices of central specialized bodies, as at 01.10.2010
Annex no.3. Indicators for recordkeeping of positions in central offices of central specialized bodies in January-September 2010
Annex no.4. Indicators on the enforcement of law on the public office and status of civil servant in the central offices of CPAAs, January-September 2010
Annex no.5. Training indicators for the central offices of CPAAs, January - September 2010
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LIST OF ACRONYMS
CPAAs / Central Public Administration AuthoritiesAPA / Academy of Public Administration attached to the President of the Republic ofMoldova
MA / Moldsilva Agency
AMR / Agency forMaterial Reserves
TA / Tourism Agency
PA / Public Administration
CPA / Central Public Administration
LPA / Local Public Administration
ALRC / Agency for Land Relations and Cadastre
NBS / National Bureau of Statistics
BIR / Bureau for Inter-ethnic Relations
CFECC / Center for Fighting Economic Crimes and Corruption
DFID / Department for International Development of the United Kingdom of Great Britain and Northern Ireland
PPD / Personnel Policy Division
pa / political appointee
cs / civil servant
mp / management position
tpm / top management position
ep / execution position
MD / Ministry of Defense
MFAEI / Ministry of Foreign Affairs and European Integration
MAFI / Ministry of Agriculture and Food Industry
MIA / Ministry of Internal Affairs
MC / Ministry of Culture
MCRD / Ministry of Constructions and Regional Development
MEd / Ministry of Education
MEC / Ministry of Economy
MF / Ministry of Finance
MJ / Ministry of Justice
Menv / Ministry of Environment
MLSPF / Ministry of Labor, Social Protection and Family
MTRI / Ministry of Transports and Road Infrastructure
MH / Ministry ofHealth
MITC / Ministry of Information Technologies and Communications
MYS / Ministryof Youth and Sports
OAS / Office of Administrative Support attached to the State Chancellery
OECD / Organization for Economic Cooperation and Development
BCS / Border Control Service
AIS / Automated Information System
SIDA / Swedish International Development Agency
pcpa / positions in the cabined of political appointees
sp / support/technical positions
SIGMA / S Support for Improvement in Governance and Management in Central and Eastern European Countries
EU / European Union
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SUMMARY
In the reported period the Government intensified its efforts in the area of central public administration reform directed towards the drafting and enforcement of the new civil service normative framework consisting of Law no.158-XVI of 4 July, 2008 on the public office and status of civil servants and Government Decision no.201 of 11 March 2009 on the enforcement of Law no.158-XVI of 4 July 2008 on the public office and status of civil servant, as amended.
This report mirrors the process of drafting and enforcing civil service legislation, using statistical data and monitoring indicators. The report highlights the progress achieved in the enforcement of Law on the public office and status of civil servant, mainly in respect to the new personnel procedures applied in central public administration authorities. We believe that this paper will become a tool for creating a realistic picture of the civil service reformation process, particularly in the area of HR management in public administration.
The report was drafted with the inputs provided by the central offices of central public administration authorities, statistics provided by the National Bureau of Statistics, as well as information gathered by the Personnel Policy Division during monitoring tours to ministries and other central administrative authorities.
The progress achieved in the enforcement of the new civil service normative framework can be noticed in the modernization of personnel policy in public administration in line with the good practices of the European Union. Therefore, Moldovan public administration started to apply modern personnel procedures including:
competition based employment in civil service;
probation period for junior civil servants;
job descriptions for civil service positions, drafted in line with the methodological framework;
delimitation of positions in public authorities through endorsement ofstaff lists;
holding several jobs by civil servants;
written commitment of civil servant to work in civil service after attending professional development training;
performance appraisal of civil servants.
In 2010 the central public administration authorities reported progress in the application of new personnel procedures in civil service, as well as in professional development of civil servants from human resources services and other units of central specialized bodies. It should be mentioned that sustained efforts were made to build civil servants’ skills through trainings funded from the state budget and those organized with the support of the Multi-Donor Trust Fund for the implementation of CPA reform created with funds provided by DFID, SIDA and Dutch Government and managed by the World Bank, as well as with the support of other development partners.
To make sure the progress achieved in the enforcement of the new civil service normative framework is sustainable, in 2010 the Government intends to finalize the normative framework needed to enforce Law on the public office and status of civil servant and start designing the AIS Registry of civil service positions and civil servants which will provide data by each central specialized body and subordinated institution. Besides, the new Classifier of civil service positions and the new pay system for civil servants are expected to be designed and put in place in 2011-2012.
The report has three chapters, conclusions and priorities and a couple of annexes. Chapter I is focusedon the results achieved in drafting civil service legislation in the reported period. Chapter II makes an analysis of civil service management, including in the central offices of central specialized bodies, using statistical data and monitoring indicators. Chapter III describes the progress in respect to the enforcement of the new civil service legislation by the central offices of central public administration authorities in January-September 2010, while the annexes provide data about staff in the Moldovan public administration, including civil servants; number of authorized posts and filled and vacant positions; monitoring indicators for the enforcement of the new legislation in the central offices of central specialized bodies in the reported period.
I. CIVIL SERVICE REFORM IN 2010
As laid out in the 2009-2013 activity Program of the Government of the Republic of Moldova, in 2010 the civil service reform focuses on the drafting of legislation that will help achieve clear delimitation between different categories of staff in public authorities, enforcement of new civil service legislation and design of the electronic register of civil servants and civil service positions.
As regards drafting anddevelopment of legislative and normative frameworks in the reported period, the following significant achievements can be mentioned:
1. Law no.199 of July 16, 2010 on the status of political appointees was passed by Parliament to address the existing legislative gap which overlooks about 60% of political positions.
2. Law no.80 of May 7, 2010 on the status of staff in the cabinet of a political appointee was enacted. Law no.179 of July 15, 2010 amending Law no.355-XVI of 23 December 2005 on the pay system in the public sector was approved. This law regulates remuneration related issues for political appointees and staff in the cabinet of political appointee.
3. Law no.222 of September 17, 2010 was passed to amend 20 pieces of legislation in place, including special ones in order to align the legislation with the provisions of Law on the public office and status of civil servant.
4.Civil service legislation was improved through Law no.98 of 28 May 2010, enacted to amend Law no.158-XVI of 4 July 2008 on the public office and status of civil servant. Therefore the following amendments were introduced:
The positions of deputy head of rayon, deputy mayor of municipality and deputy mayor of village (commune), sector, town were removed from the category of management civil service positions and included in the category of political positions;
If a civil servant’s performances are appraised as „unsatisfactory” once, the civil servant will be dismissed;
There will be no more need to publish the terms of competitions for vacant positions in civil service in the Official Monitor of the Republic of Moldova. For this purposes, a periodical will do.
Besides, given the recommendations and proposals that came from public authorities, a new law is being drafted purporting to amend Law on the public office and status of civil servant.
5. New regulations were either drafted or approved to facilitate enforcement of Law on the public office and status of civil servant, including:
The Regulation of the disciplinary commission was approved through Government Decision no.519 of June 22, 2010, adding annex no.7 to Government Decision no.201 of March 11, 2009. This annex stipulates the creation of disciplinary commissions in public authorities to examine the misbehaviors and suggest the sanctions to be applied to civil servants for misbehaviors committed.
Regulation on performance appraisal of civil servants was approved through Government Decision no.697 of August 5, 2010, thereby adding annex no.8 to the Government Decision no.201 of March 11, 2009.
Draft Regulation on HR unit in a public authority was endorsed by all the interested public authorities and is, at the moment, improved with the feedback provided.
Regulation on civil servants’ professional development is currently being drafted.
6. The Government optimized staff number and costs, cutting them by each institutionfunded from the state budget, including central and local public authorities. In 2010 it was for the first time that a law on state budget (no.133-XVIII of 23.12.2009 (art.7)) stipulated a staff ceiling of 92 832 and staff cost ceiling of 3 530.6 million lei for the central institutions and 139 168 people and 4 000.5 million lei for the local ones. To enforce the provisions of article 7 of Law on the 2010 state budget, the Government approved the decision no.99 of February 16, 2010 on the approval of ceilings for staff number and costs in the public sector for central and local public administration authorities for 2010, stipulating the ceilings mentioned above per each area managed by a central and local public authority.
7. To design the automated information system Registry of civil service positions and civil servants, a set of documents were prepared to launch the tender for the selection of a company, which will design this system. After this set of documents was consulted with the World Bank, companies submitted their technical proposals that were further evaluated.The shortlist of companies selected for the second stage of the tender will be submitted to the tender commission for approval.
II. CIVIL SERVICE MANAGEMENT
2.1.Competencies in human resources management
Civil service management means all the activities needed to implement HR policies and personnel procedures in order to achieve most effectively the missions and strategic objectives of public authorities.
According to the legal framework in place, the responsibility for civil service management lies with the Government.
The State Chancellery of the Republic of Moldova ensures promotion and implementation of the state policy in the area of civil service, mainly in respect to HR management. The Personnel Policy Division was created in the State Chancellery to monitor the activities of public administration linked with civil service positions and check on the enforcement of civil service legislation.
Internally civil service management is done by the managers of public authorities through the human resources services. Due to the central public administration reform, the structure of ministries and other central administrative authorities was streamlined and human resources divisions/sections or services were created (hereinafter HR services), depending on the number of authorized posts in the authority. CPA reform contributed to building the capacities of HR services in the public authorities of the Central Executive due to the methodological assistance provided by the Personnel Policy Division and through the professional training delivered.
2.2. Civil service positions and civil servants
Currently the recordkeeping of civil service positions and civil servants is done by public authorities based on staff lists and, respectively, employment schemes. However, as stated in the legislation in effect, the recordkeeping of civil service positions and civil servants must be based on a civil service register, which at the moment is not in place (the automated information system Registry of civil service positions and civil servants is expected to be designed in the upcoming period). Data about the recordkeeping of civil service positions and civil servants are submitted to Government/State Chancellery/National Bureau of Statistics/ministries and other public authorities as prescribed in the normative framework.
2.2.1. Dynamics of civil servants in the Republic of Moldova in y. 2001-2010
Dynamics of civil servants in public administration shows substantial changes throughout the years 2001-2010. Since 2001 the total number of civil servants witnessed a steady increase,both in central and local public administration, reporting an increase of about 1.5 times (fig.1).
Source: NBS Data
The total number of civil servants in CPA recorded a permanent increase reaching its peak on July 1, 2010. Therefore, in the peak period the number of civil servants in central public administration was 1.4 times higher or by 4026 persons higher as against y. 2000. The number of civil servants in CPA as at July 1, 2010 recorded a 1% increase as against January 1, 2010.
Dynamics of civil servants in central and local public administration in %, as at January 1 of y.2001-2010, is shown in figure 2.
Source: NBS DataOne can notice a sudden fall in the number of civil servants in central public administration from 64.5%, as at January 1, 2001 to 59.8%, as at January 1, 2004 followed by steady, however minor, annual increases in the following years. While the share of civil servants in CPA recorded a slight drop throughout the last 10 years, that of civil servants in LPA grew(fig. 3-4).
Source: NBS Data /
2.2.2.Information about staff in public administration in the reported period
According to the data provided by the National Bureau of Statistics[1], the total number of employees in Moldovan public administration was 31068 (this figure does not include certain categories of positions with special status), as at 1 July 2010. Civil servants hold most of positions in public administration (68.4%) (fig. 5-6).
Source: NBSData (annex no.1) /
The number of civil servants in public administration was 21253 (does not include certain categories of positions with special status), accounting for 62.4% of all staff in public administration, as at 1 July 2010. Figure 7 shows the shares of civil servants by categories in public administration.
Source: NBSData (annex no.1) / The execution civil servants have the highest share (54.59%) in the public administration, which means that there are 3.1 execution positions per one management position.
Gender disaggregated data by staff categories in public administration are shown in fig. 8-9.
Source: NBS DataThe gender aggregate data reveal that men in public administration accounted for 41.6% and women for 58.4%, as at 1 July 2010. However, men holding civil service positions account for 38.8% and women for 61.2%. The political positions, top management civil service positions, the positions with special status and the positions in the cabinets of political appointees are mainly held by men. Accordingly, management and execution positions, and the support/technical ones are mainly held by women.
2.2.3. Information about staff in central public administration in the reported period
According to the data provided by the National Bureau of Statistics, the total number of employees in Moldovan central public administration was 17208 (this figure does not include certain categories of positions with special status), as at 1 July 2010. 13258 of them arecivil servants accounting for 77.05% of all staff in CPA (annex no.1). Figure 10 shows shares of staff categories in the central public administration.
Source: NBS Data / The execution civil servants hold about half of civil service positions in the central public administration, while those with special status account for about a quarter. On average,in CPA there are 3.3 execution positions per one management position.
Figures 11-12 provide gender-disaggregated data (persons and %) in central public administration.
Source: NBS Data
The aggregate gender data reveal that men in central public administration accounted for 40.7% and women for 59.3% of all employees, as at 1 July 2010. Men holding civil service positions accounted for 40.7% and women – 59.3%. However, the political positions, top management civil service positions, the positions with special status and those in the cabinet of political appointees are mainly held by men. Accordingly, management and execution positions, and the support/technical ones are mainly held by women.