REPORT ON THE SITUATION IN CIVIL SERVICE IN 2014

Transcription

1 Republika e Kosovës Republika Kosova-Republic of Kosovo Qeveria Vlada-Government Ministria e Administratës Publike-Ministrarsvo Javne Uprave Ministry of Public Administration Departamenti i Administrimit të Shërbimit Civil - Departament o Administraciji Civilne Sluzbe Department of Civil Service Administration REPORT ON THE SITUATION IN CIVIL SERVICE IN 2014 Prishtina, March 2015

2 Contents 1. Introduction Overall part Department of Civil Service Administration (DCSA) Support to the Department by Donors Situation in Civil service in the end of Admission to Civil Service Drafting Standard Job Descriptions and Replacement of Employment Contracts in Civil Service with the Letter of Appointments Performance Appraisal of Civil Servants Capacity Building of Civil Servants Cadre Fund E-Government Termination of Employment in Civil Service Disciplinary Measures Settlement of Disputes and Complains Independent Oversight Board for Kosovo Civil Servants Challenges Conclusions...25 Faqe 1 nga 21

3 1. Introduction Building a professional, efficient and transparent Public Administration is one of the strategic priorities of the Public Administration Reform of the Republic of Kosovo. The basic laws for the functioning of the civil service: Law No. 03/L-149 on Civil Service of the Republic of Kosovo; Law No. 03/L-147 on Salaries of Civil Servants and the Law no.03/l- 189 on State Administration of the Republic of Kosovo and regulations implementing these laws have already been approved. In order to implement the legislation on civil service and improve the Human Resources Management in the Civil Service in 2014, the Ministry of Public Administration (MPA), respectively Department of Civil Service Administration (DCSA) with the support of the World Bank and UNDP projects has adopted the following bylaws: Regulation No.02/2014 on Planning the Personnel in Civil Service Manual No.01/2014 on Implementation of Performance Appraisal Process in Civil Service of the Republic of Kosovo Methodology for standardization of jobs in Civil Service Administrative Circular No.01/2014 Status of employees in the institutions of the Republic of Kosovo performing support and maintenance functions While the following have been drafted: Draft strategy on Training Civil Servants in Civil Service , Job Catalogue in KCS. In accordance with the legislation in force, the Ministry of Public Administration (MPA), as the competent body, has drafted the annual report on the progress and the overall situation in Civil Service in Since the Human Resource Management Information System (HRMIS) has been under the development process, this year the report is prepared through a questionnaire designed by the DCSA, as a method for gathering information about the situation on implementing the Law on KCS, which is forwarded to all institutions having employed civil servants. Faqe 2 nga 21

4 2. Overall Part The Law on Civil Service regulates the status of civil servants and their employment in institutions of central and local administration. Under the new legislation on Civil Service, the merit and responsibility are among the basic principles of recruitment and promotion of civil servants, so the purpose is to create professionals who will push forward the reforms proposed by the government. Law on Civil Servants' Salaries determines wages, categories of wages, allowances and other compensatios for civil servants, who for the same work will receive the same salary, which contributes to the creation of a professional and sustainable civil service. One of the key priorities of the Government is Public Administration Reform having as an objective a reformed public administration serving citizens, businesses and institutions. Pursuant to the Law on State Administration, MPA as an institution responsible for the process of internal organization of the state administration and ensuring the implementation of the legislation in force has harmonized and gave consent for all draft regulations on internal organization and systematization of jobs of all high bodies of state administration and a number of independent bodies and those of the central state administration, which were subsequently approved by the Government of the Republic of Kosovo. Department for Management of Public Administration Reform (DMPAR) in support of the Inter-Ministerial Commission for Public Administration Reform (IMCPAR) has developed activities for monitoring and reporting on the implementation of the Roadmap for Public Administration Reform, approved by the Government on April 2, The data analysed show that there has been progress in the implementation of the Roadmap for Public Administration Reform in drafting and supplementing the legal and institutional framework in all its fields. With the aim of prioritizing the objectives for SPAR , activities have been developed with the structures responsible for implementing SPAR, where the Faqe 3 nga 21

5 methodology which requires the involvement and contribution of all institutions coordinating and implementing the reform process has been presented. To support the reform, MPA has cooperated with international donors for providing financial support for the reform process, e.g. SIGMA, GIZ, UNDP, European Commission, World Bank and other donors from Kosovo. 2.Department of Civil Service Administration (DCSA) Department of Civil Service Administration at the Ministry of Public Administration is responsible for the Civil Service Administration, which according to the legislation in force is responsible for developing and overseeing the implementation of policies governing the Civil Service and payroll system for civil servants, drafting, promoting and coordinating the policy implementation for training and capacity building of civil servants, as well as maintenance and administration of the Human Resource Management Information System (HRMIS). Its function is also determined by the Regulation on Internal Organization and Systematization of Jobs in the Ministry of Public Administration. 3.Support to the department by the donors Department of Civil Service Administration is supported by the Project of the World Bank for Public Sector Modernization called "Technical Assistance for the Improvement of Human Resource Management (HRM) in the Civil Service". This project is implemented at the request of the DCSA - MPA. The project has supported DCSA in drafting some Manuals for the implementation of civil service legislation, such as Manual No.01 /2014 on the implementation of the performance appraisal process in the Civil Service of the Republic of Kosovo approved on , Methodology for Standardization of Jobs approved on and Job Catalogue. Another important project supported by the UNDP is technical assistance for drafting the strategy for training of civil servants in civil service and the action plan implementing this strategy. The new strategy drafted for the period , aims to improve the existing framework for civil servants developed by the previous training strategy. Creating the Human Resource Management Information System which enables the management of all business processes electronically and connection of the payroll system Faqe 4 nga 21

6 with the treasury system is of particular importance to the civil service institutions because the working process will be much easier and information management more accurate. During 2014, there were additional activities of MPA and other institutions, for development of HRMIS that will be included in this system. Implementation of the HRMIS in MPA and institutions in central and local level, inserting the data of hard copy personnel files is undergoing. 4.Situation in the Civil Service in 2014 According to the Law no. 03/L-149 on Civil Service of the Republic of Kosovo and Regulation No. 05/2012 on the Classification of Jobs in the Civil Service, jobs in central and local level institutions in the Civil Service are divided into four (4) functional categories: 1. Senior management level, responsible position for general administrative management in institutions of public administration in civil service. 2. Management level, responsible management and coordination of work in a certain field of activity in public administration in civil service. 3. Professional level, responsible position for exercising tasks and development in certain development field. 4. Technical-administrative level, responsible position for providing administrative and technical assistance in civil service institutions. Since the classification of jobs is still under the implementation stage, we cannot divide them according to the above mentioned categories. According to the data collected from each institution, the situation in civil service is presented under the table no. 1 and the graph below: Table 1, the overall number of positions in civil service No. of jobs according to Job vacancies Employees org.structure Total Percentage 100% 5.20% 94.80% Graph on the number of positions in civil service Faqe 5 nga 21

7 Total Vende të lira të punës Nëpunës në detyrë Note: Kosovo Police with 1115 civil servants (only total records), and municipalities of Zubin Potok, Leposaviq and Zveçan with 410 civil servants are not shown in the table, because the detailed data as required have not been delivered. This applies to the entire report. The overall number of employees according to the data is 17889, (including Kosovo Police and the above mentioned municipalities). The data in the following tables have been prepared only for 16,364 civil servants. Professional education of employees in the Civil Service is shown under table 2 and in the graph below. Table 2, structure according to qualification Education Number and percentage Primary Secondary H.school Superior Total: Percentage 100% 2.28% 39.07% 4.47% 54.18% Faqe 6 nga 21

8 Comparing to 2013, there was an increase in qualification structure: - primary from 3.14% to 2.28%; - secondary 43.66% to 39.07%; - high 7.85% to 4.47%, and -superior from 45.35% to 54.18%. The primary purpose of the legislation in force is the career system, and based on the regulation on job classification, which has provided the qualification criteria for each respective category and the possibility of achieving them for a sufficient period of time until the time of graduation (getting university degree), has motivated employees to superior education. Graph on qualification structure Fillorë I mesëm Sh.e lartë Superiorë Total Implementation of the procedures of the Civil Service legislation in 2014 is governed by the principle of respecting equal opportunities - communities and gender. Both genders have equal opportunities for participation in the Civil Service and Public Administration bodies. Table 3, gender structure Gender M F Total: Faqe 7 nga 21 Percentage: 100% 63.20% 36.80%

9 Graph on gender structure Total, M F Comparing with 2013, in 2014 there was a decline in disadvantage of female in comparison with the male, from 38.86% to 36.80% females, while males from 61.14% to 63.20%. Regulation No.04/2010 on the procedures for fair and proportional representation of minorities in the Civil Service of the Republic of Kosovo sets the standards by which the Civil Service employment authorities of both levels of institutions provide fair and proportional representation to the minorities. Under the provisions of this regulation, at least 10% of civil servants at the central level institutions are represented by the minorities in Kosovo, while in local institutions each minority is proportionally represented with the general number of population in the municipality. The data on the ethnicity are presented in the table (Tab.4) and graph below: Table 4 Ethnicity Ethnicity Albanian Serb Bosnian Turkish Goran Roma Ashkali Egiptian Total: Percentage: 100% 91.21% 5.55% 1.46% 1.15% 0.15% 0.23% 0.16% 0.09% Faqe 8 nga 21

10 Graph on ethnicity Total Diagram according to ethnicity in KCS shows the percentage on employment: Albanians 91.21%, Serbs %, Bosnian 1.46%, Turkish 1.15%, Goran 0.15%, Rom 0.23%, Ashkali 0.16%, Egyptians 0.09%. Table for 2012, 2013 and 2014 Ethnicity Albanians 91.9% 90.50% 91.21% Serbs 5.2% 6.23% 5.55% Bosnians 1.3% 1.21% 1.46% Turkish 1.1% 1.05% 1.15% Goran 0.1% 0.23% 0.15% Rom. 0.4% 0.28 % 0.23% Ashkali 0.26% 0.16% Egyptians 0.24% 0.09% Total percentage of minorities: 8.10% 9.5% 8.79% Based on the data provided from the institutions of KCS, 94 disabled persons have been employed in Faqe 9 nga 21

11 5. Admission to Civil Service Admission to the Civil Service is based on the principles of merit, public announcement of vacancies, transparent process, objectivity and impartiality of the testing commission, nondiscrimination of candidates and their right to appeal at the end of the procedure. In 2014, 1894 job vacancies have been fulfilled, 561 external recruitments or about 29.62% (84 or 15% in management level), internal recruitments 647 or about 34.16% (management level 119 or 18.40%), transfers 473 or 24.97% (management level 96 or 20.30%) and promotions 213 or 11.25% (management level 72 or 33.80%) of existing positions of civil servants in the institutions. Legal provisions have also provided opportunities for transfer of civil servants, which may be temporary: within the same institution in the Civil Service, in another institution of the Civil Service and outside the institution of Civil Service, while permanent transfer can take place: within the same institution in the Civil Service and other institution of Civil Service. In accordance with Regulation on Procedures for Appointment to Senior Management positions in the Civil Service of the Republic of Kosovo, which sets out special procedures for appointment to senior management positions in the Civil Service with the purpose of moving from the existing system to the new system of appointment to senior management positions, defined under the Law no. 03/L-149 on Civil Service of the Republic of Kosovo and sub-legal acts, during the reporting period the Committee Secretariat for Assessment of Criteria has developed recruitment procedures for these senior management positions in the ministries, respectively in Executive Agencies; Secretary General of the Ministry of Justice, General Director of the Agency for Vocational Education and Training for Adults - MEST, the State Attorney General in the Advocacy of the Republic of Kosovo MoJ, Chief Inspector of the Market Inspectorate - MTI, Executive Director of the Central Procurement Agency - Ministry of Finance, General Director of the Kosovo Correctional Service - MoJ, General Director of the Kosovo Institute for Public Administration - MPA, Director General of the Agency for Industrial Property - MTI. The number of recruitments, transfers and the number of promotions in career in the civil service from outside and from inside the civil service, are presented under Table 5 and graph below: Table 5 recruitments in KCS Faqe 10 nga 21 Recruitment Recruitments within CS Transfers in KCS Promotions out.kcs out.and ins.kcs out.and ins.kcs institution Total : Percentage: 100% % 9.56 % % 3.90% 21.07% %

12 The graph for recruitments in KCS Total Rekrutime nga jashtë Sh.C R.nga jashtë ins. R.nga brenda ins. Tr.nga jashtë ins. Tr.nga brenda ins. Avancimet Comparing with 2013, in 2014 there was an increase for 68 recruitments from outside KCS, from the inside of KCS there was an increase for 382 CS, while transfers are increased for 150 CS. From the above data, it turns out that recruitment from within the Civil Service has been a preferred procedure in institutions, giving more impetus to the career development of existing employees. In this regard, transfers have contributed. The total number of fulfilment of positions from within CS, including transfers and promotions is 70.38%.. The data for the age group according to gender structure are presented under table 6 below: Table 6...? Age group, no. of employees M F M F M 12.9% 9,0% 26,1% 13,9% 27,6% 10,6% Number of authorisations, job vacancy announcements and average number of applicants in the recruitment process (level of competitions) Faqe 11 nga 21

13 DCSA in 2014 has approved: 92 authorisations (196 positions) for internal vacancy announcements and 317 authorisations (743 positions) for external vacancy announcement, in total 409 authorisations (939 positions). The average number of applicants for a position from outside civil service is 23, while the number of applicants from inside the civil service is 5. b. Drafting standard job descriptions and replacement of employment contracts in Civil Service with the letter of appointments This process has been finalised in all institutions of Civil Service in the Republic of Kosovo. a. Performance Appraisal of Civil Servants Based on the Regulation on Performance Appraisal of the civil servants, every institution of KCS administration at the end of each year makes the performance appraisal. The formal performance appraisal at the end of calendar year of 2014 is done based on the Regulation No. 19/2012 on Performance Appraisal of Civil Servants, defining the criteria and procedures for performance appraisal of civil servants in Civil Service. Ministry of Public Administration supported by the World Bank project "Technical Assistance for the Improvement of Human Resources Management (HRM) in the Core Civil Service" has made all preparations for the implementation of the new appraisal system which was applied for the first time in civil service after the adoption of the abovementioned regulation. In 2014, the training plan was drafted and trainings have been held for the implementation the new appraisal system. The purpose of the training was capacity building of personnel managers and personnel officers to effectively and uniquely implement the Regulation on Performance Appraisal. In the beginning of the year, all institutions are instructed by DCSA to set up the objectives for 2014 according to which the appraisal based also on other appraisal criteria has taken place. According to the regulation, for each of the three functional categories (excluding senior management level) of civil servants in an institution, results of performance appraisal cannot exceed the limits defined under this Regulation: excellent 5%, very good 15% and good not more than 30%. Data on the performance appraisal results received from the institutions are presented in the table below: Faqe 12 nga 21

14 Table 8 performance appraisal results Performance appraisal results Excellent Very good Good Adequate Weak Total: Percentage: 100% 13.41% 35.33% 39.96% 10.86% 0.44% 6. Capacity Building of Civil Servants Capacity building of human resources for the provision of services to citizens and meeting the criteria for European Integration has been a priority also in During 2014, Kosovo Institute for Public Administration has trained 2,068 civil servants through 88 training modules and 272 training days. Trained officers were from the Central and Local Public Administration. Officers from senior management level, management level, professional and administrative level with a broad representation including all ministries, agencies and municipalities. Gender structure of trainees was 43.25% - females, 56.75% - males and 2.41% were from minorities who speak Serbian language. Kosovo Institute for Public Administration has developed training in these key areas: General Management Administration and Legislation Human Resources Budget and Finances Information Technology Municipal Matters European Union Matters Faqe 13 nga 21

15 1638 participants or 79.21% of the total number of trained officials from the central level have participated in the trainings of KIPA during the year, while 430 or 20.79% of the total number of trained officials from the local level. To organize trainings, KIPA has closely cooperated with the Department of Civil Service Administration and personnel units of institutions responsible for the Administration of Civil Service Trainings. KIPA has developed an active cooperation with international organizations operating in Kosovo; inter alia, the German Organisation Society for International Cooperation (GIZ), organizations that have implemented projects funded by the European Commission, such as the "Public Procurement Support Project in Kosovo", the project "Support to the Agency for Management of Seized or Confiscated Assets", the project Technical Assistance for the Improvement of Human Resources Management (HRM) in the Core Civil Service" financed by the World Bank. The cooperation with the European Institute for Public Administration (EIPA) and the Regional School for Public Administration (ReSPA) with its seat in Danilovograd (Montenegro) has continued during 2014 too. During this year, the training programs organized by ReSPA were attended by 72 civil servants from 23 institutions of Republic of Kosovo. ReSPA activities, based on its work program were: trainings, workshops, conferences, networking etc. Faqe 14 nga 21

16 7. Cadre fund In order to create, maintain and develop the experience, qualification and skills in strategic positions and departments, the Government of Kosovo, by a decision, has established the Cadre Fund Scheme. This scheme provides competitive payments compared to the private sector and international organizations for a certain number of positions in the Civil Service with priority and strategic importance for the Government. Cadre Fund primarily aims to support existing positions in the Civil Service financed from the state budget as part of the current authorized staff of ministries and at the same time aims to bring new qualified and experienced staff. Priority areas of the Government of the Republic of Kosovo for which ministries can seek support from the Cadre Fund are the following: policy development in key areas set out under the priorities of the Government; accomplishment of requirements related to relations of Kosovo with international organizations, in particular, with the international financial organizations and European integration and accomplishment of international standards in relevant areas. Cadre Fund Scheme is implemented according to the regulation adopted by the Commission for Cadre Fund. Cadre Fund Commission is an inter-ministerial commission headed by Deputy Prime Minister and is responsible for overseeing the implementation of Cadre Fund Scheme. Regulation on the functioning of Cadre Fund provides the criteria for the classification of positions for the Cadre Fund; criteria and procedures for selection of candidates, including rules for determining the payment; assessment of the accomplishment of job tasks which will be used to define the objectives and standards of working positions for the Cadre Fund and to assess the performance of each individual staff member selected for the Cadre Fund in relation to those objectives and standards. Beneficiaries of this fund are 191 civil servants. 8. E-Governance Increasing transparency and access of citizens to the decision making process and provision of fast and efficient services to citizens through e-governance in Public Administration has been one of the priorities of the Ministry of Public Administration (MPA). Faqe 15 nga 21

17 The Agency for Information Society (AIS) established under the Law on Government Bodies for the Information Society, in 2014 has continued its functioning by establishing its new organizational structures and staffing. In order to advance services to citizens, businesses and institutions, AIS during 2014 has undertaken concrete steps in monitoring and documenting the development of e- governance in the institutions with the aim of developing a unique platform of interoperability (automatic interaction of electronic systems) that comes as a request from the Strategy for Electronic Governance and Interoperability Framework of the Republic of Kosovo. In the area of professional development of civil servants, AIS in 2014, based on the benefits arising from the contract for Microsoft licenses has trained 14 officers, five of whom have been trained in the field of interoperability (BIZ TALK) of electronic systems, while the rest in specialized training for managing data bases and server infrastructure. 9. Termination of Employment in Civil Service Employment in Civil service may be suspended and terminated, according to the conditions prescribed under the Law on Civil Service (LCS). The data on termination of employment in civil service are presented in the table below. Table 9 Departures from civil service Departures from civil service Own will Disciplin. Downsizing Early Retirement Other reasons(perm.disab.) measure retirement. Total: Percentage: 100% 25.50% 21.90% % 36.43% 13.23% Faqe 16 nga 21

18 Table for departures from civil service Total Disciplinary measures According to Regulation no. 05/2011 on Disciplinary Procedures in Civil Service, which determines the classification of violations of job duties, disciplinary procedures and measures imposed in the Civil Service of the Republic of Kosovo, violation of duties are divided into: Minor violations and Serious violations The number and type of measures taken during 2014 in the institutions of central and local level, grouped by type of measure, are presented in the table below:. Table 10 Disciplinary measures Number of disciplinary measures Minor Serious Total: Percentage: 100% 61.40% 38.60% Faqe 17 nga 21

19 Graph on the number of disciplinary measures in Total Të lehta 88 Të rënda Graph on the number of disciplinary measures in Të lehta 148 Totali Të rënda The number of disciplinary measures in 2014 is the same as in Settlement of contests and complains Settlement of contests and complaints of civil servants and persons, who have competed in a regular recruitment procedure in the Civil Service, is based on the Regulation no. 05/2011 on Procedures for Settlement of Contests and Complaints. Civil servants have the right to complain against the administrative decision or any violation or omission of general administrative rules or procedures that affect or relate to their employment. Data on the number and type of complains within the institution Faqe 18 nga 21

20 (complaints against recruitment process, minor disciplinary measures, serious disciplinary measures, the performance appraisal results and complaints in other areas), and the data for complaints resolved in favour of the employees, are presented in the table below: Table 11 - complaints Type of Compl.against Compl.against Compl.again. Compl.again. Compl.again. Compl. in Compl. compl. Recr.process min.disc.meas. serious perf.apprais. empl.term. other fields resolved in disc.meas results favour of CS No.of com Percentage: 35.48% 7.10% 8.09% 10.72% 9.90% 28.71% 12.71% Comparing with 2013, the number of complains in 2014 has been increased for 346. Comparisons of 2013 with 2014: recruitment process from 83 or 31.93% to 215 or 35.48%, minor disciplinary measures from 28 or 10.77% to 43 or 7.10%, serious disciplinary measures from 56 or % to 49 or 8.09%, performance appraisal from 17 or 54% to 65 or 10.72%, in other fields rom 76 or 29.23% to 174 or 28.71% and solved in favour of civil servants from 45 or 17.31% to 77 or 12.71%. Note: Data on the number of complains towards the termination of employment for 60 civil servants or 9.90% have been issued for Number of complaints lodged by civil servants and applicants for employment in Civil Service of the Republic of Kosovo to the Kosovo Independent Oversight Board in 2014 is 689; these data are provided by KIOB. 10. Independent Oversight Board for Kosovo Civil Service Independent Oversight Board for Kosovo Civil Service is foreseen in the highest legal act of the Republic of Kosovo, namely article of the Constitution of the Republic of Kosovo, which settles the complaints of civil servants and ensures compliance with all regulations and principles governing the Civil Service of the Republic of Kosovo. 11. Challenges Implementation of the new performance appraisal system. Standardization and unification of jobs and job descriptions according to the methodology and job catalogue; Faqe 19 nga 21

21 Implementation of classification and grading and implementation of the new payroll system; Functioning of all modules of Human Resource Management Information System Approval of the new Strategy for Training of Civil Servants and Action Plan; Amending and supplementing the legislation on KCS; Planning human resources in civil service institutions. 12. Conclusions Ministry of Public Administration in cooperation with the institutions and support of international partners have made progress in the Civil Service and Public Administration reform by supplementing the legal framework and necessary bylaws, drafting of strategic documents for capacity building of civil servants and their implementation. Creation of the Human Resource Management Information System has facilitated the working processes for more efficient human resource management in the civil service. These reforms have led to the creation of a stable, motivated and professional civil service able to withstand the development and integration challenges of the country's public administration in order to be efficient for citizens and businesses. Since the legal framework is properly completed, the priority of the government and MPA will be the development of human resources, capacity building of civil servants, familiarising them with the methods, techniques and processes of more efficient administration and management. Faqe 20 nga 21