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L.S. 363.20 Regolamenti dwar Gvern Lokali (Riżorsi Umani)

[ S.L.363.20 LOCAL GOVERNMENT (HUMAN RESOURCES) 1 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

  1. PART I General Provisions
  2. The title of these regulations is the Local Government (Human Resources) Regulations.
  3. 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; Citation. Amended by: L.N. 89 of
  4. Interpretation. Amended by: L.N. 95 of 2007; L.N. 361 of 2014; L.N. 47 of
  5. Cap.
  6. "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; S.L. 363.12 2 [ S.L.363.20 LOCAL GOVERNMENT (HUMAN RESOURCES) "Executive Secretary" shall have the same meaning as described in the Act. PART II Qualifications and Remuneration of Secretaries Qualifications of Executive Secretaries. Amended by: L.N. 89 of
  8. 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. Remuneration. Amended by: L.N. 174 of 1998; L.N. 89 of
  9. 4.

(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: (
  1. 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. (
  2. 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. LOCAL GOVERNMENT (HUMAN RESOURCES) [ S.L.363.20 5.
(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. 3 Salaries of Executive Secretaries. Amended by: L.N. 89 of 2000.
(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. 6.
(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: Performance bonus. Amended by: L.N. 89 of 2000; L.N. 282 of 2005. 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)(
  1. 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. (
  2. 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. 7. 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 Deputy Executive Secretary. Amended by: L.N. 89 of 2000. 4 [ S.L.363.20 LOCAL GOVERNMENT (HUMAN RESOURCES) circumstances: Provided that this arrangement for the appointment of a Deputy Executive Secretary shall not exceed ninety
(90)days from the date of appointment. Acting Executive Secretary. Amended by: L.N. 89 of
  2. 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 Executive Secretary’s hours of work. Amended by: L.N. 89 of 2000; L.N. 282 of 2005. 9. 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. Vacation leave. Amended by: L.N. 282 of 2005. 10.
(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. Special leave with pay. Amended by: L.N. 89 of 2000; L.N. 282 of 2005; L.N. 95 of 2007. 11. 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; (
  1. e)Medication following injury - in addition to what is provided in regulation 13, an Executive Secretary who LOCAL GOVERNMENT (HUMAN RESOURCES) [ S.L.363.20 5 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; (
  2. f)Jury service - when an Executive Secretary is appointed juror, he shall be afforded special leave for the duration of the jury; (
  3. 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; (
  4. 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. 12.
(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. Sick leave. Amended by: L.N. 89 of 2000. Cap. 318.
(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.
  1. 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: Injury on duty. Amended by: L.N. 89 of
  2. Cap.
  3. Provided that this benefit cannot be granted for a period which exceeds one year from the day after the injury occurred. 13A. 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. Entitlement to a health assurance scheme. Added by: L.N. 282 of
  4. 6 [ S.L.363.20 LOCAL GOVERNMENT (HUMAN RESOURCES) PART IV Qualifications, Remuneration and Conditions of Work of other Employees Qualifications and work conditions. Amended by: L.N. 89 of 2000; L.N. 95 of 2007; L.N. 358 of
  5. 14.
(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 subregulation
(1), the Executive Secretary, as administrative head of the Council, shall be an ex officio member of the selection board.
(3)(
  1. 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. (
  2. b)The minimum requirements for the filling of posts as indicated in sub-regulation 3(
  3. a)shall be as follows: (
  4. i)Clerk (Scale 15) Eligible in one of the following categories (a, b or c): (
  5. 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. (
  1. ii)Executive Officer (Scale 13) Eligible in one of the following categories (a, b, c, d or e): (
  2. 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) [ S.L.363.20 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 (
  1. 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 (
  2. a)and (
  3. b)above-mentioned, applicants shall also be in possession of: (
  4. 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 (
  5. 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 studyunits 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; (
  6. 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 7 8 [ S.L.363.20 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): (
  1. 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; (
  2. 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 (
  1. a)and (
  2. b)above-mentioned, applicants shall also be in possession of: (
  3. 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 (
  4. ii)A VET qualification in MQF Level 3 or a Secondary School Certificate and Profiling qualification at MQF Level 3 LOCAL GOVERNMENT (HUMAN RESOURCES) [ S.L.363.20 in Maltese, English, Mathematics and IT Office Application Skills as separate studyunits 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; (
  5. 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: (
  1. a)all the months (except August) not before 7.00 a.m. and/or after 5.30 p.m.; (
  2. b)in the month of August, not before 7.00 am. and/or after 1.30 pm.; (
  3. 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. 14A.
(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 Reduced hours. Added by: L.N. 95 of 2007. 9 10 [ S.L.363.20 LOCAL GOVERNMENT (HUMAN RESOURCES) 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. Salary scales and remuneration. Amended by: L.N. 89 of 2000; L.N. 64 of 2001; L.N. 425 of 2007; L.N. 358 of 2022. 15.
(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: (
  1. a)Officer in Scale 11: a minimum of €11,679.48 and a maximum of €13,179.59 per annum; (
  2. b)Officer in Scale 13: a minimum of €10,337.76 and a maximum of €11,679.48 per annum; (
  3. c)Officer in Scale 15: a minimum of €9,145.12 and a maximum of LOCAL GOVERNMENT (HUMAN RESOURCES) [ S.L.363.20 11 €10,337.76 per annum; (
  4. d)Officer in Scale 16: a minimum of €8,819.01 and a maximum of €9,722.80 per annum; (
  5. 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)(
  1. 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. (
  2. 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. (
  3. 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. (
  4. 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. (
  5. 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. (
  6. 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. 16.
(1)(
  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 Filling of vacant posts and promotions. Amended by: L.N. 95 of 2007; XXVII. 2016.6.. 12 [ S.L.363.20 LOCAL GOVERNMENT (HUMAN RESOURCES) eligible for the vacant post, the Council shall issue a call for applications in accordance with the provisions of the Act. (
  2. 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. Overtime. Amended by: L.N. 89 of 2000. 17.
(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: (
  1. a)from Monday to Saturday at the rate of one and an half hours for every hour; (
  2. b)Sundays and public holidays at the rate of two hours for every hour; (
  3. 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; (
  4. d)any overtime done between 10 p.m. and 6 a.m. shall be at the rate of two hours for every hour. Cost of living increases. 18. Full-time officers shall be awarded such cost of living increases as may be prescribed from time to time by the Government. Performance bonus. Amended by: L.N. 89 of 2000; L.N. 64 of 2001; L.N. 95 of 2007. 19.
(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. LOCAL GOVERNMENT (HUMAN RESOURCES) [ S.L.363.20 13
(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. 20.
(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)(
  1. 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. (
  2. 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 Accumulation of vacation leave. Amended by: L.N. 64 of 2001; L.N. 95 of 2007. 14 [ S.L.363.20 LOCAL GOVERNMENT (HUMAN RESOURCES) written approval of the Council. (
  3. 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 ninetytwo
(192)hours vacation leave entitlement, in case of an emergency, for which documentary evidence must be provided by the clerical employee concerned. Special leave with pay.
  1. The conditions of special leave with pay as stipulated in regulation 11 shall mutatis mutandis apply to Local Council employees. Sick leave.
  2. The conditions of sick leave as stipulated in regulation 12 shall mutatis mutandis apply to Local Council employees. Injury on duty.
  3. The conditions regulating injury on duty as stipulated in regulation 13 shall mutatis mutandis apply to Local Council employees. Other leave and benefits. Added by: L.N. 95 of
  4. 23A.
(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 Period of contract. Amended by: L.N. 89 of 2000; L.N. 282 of 2005; L.N. 95 of 2007. 24.
(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 LOCAL GOVERNMENT (HUMAN RESOURCES) [ S.L.363.20 15 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 subregulations
(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). 25. 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. Appointment of Executive Secretaries, etc. Amended by: L.N. 89 of 2000. 26. No appointment shall be offered in the service of the Council unless two acceptable written references are received. References. 27. 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: Probation. Substituted by: L.N. 89 of 2000. Amended by: L.N. 64 of 2001. (
  1. 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; (
  2. 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; (
  3. 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 16 [ S.L.363.20 LOCAL GOVERNMENT (HUMAN RESOURCES) 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. Pecuniary interest. Amended by: L.N. 89 of 2000. 28.
(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. Relationship with Executive Secretary or prospective employee. Amended by: L.N. 89 of
  2. 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. Confidentiality. Amended by: L.N. 89 of 2000. 30.
(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. Code of Ethics. Amended by: L.N. 89 of 2000. 31.
(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. LOCAL GOVERNMENT (HUMAN RESOURCES) [ S.L.363.20 17
  1. 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. Absence of Executive Secretary. Amended by: L.N. 89 of
  2. 33.
(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. Establishment of Health and Safety Committee. Added by: L.N. 282 of 2005.
(2)The chairman of this committee shall be appointed by the Local Councils Association after consultation with the said union.
  1. 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 Qualification allowance. Added by: L.N. 282 of
  2. Substituted by: L.N. 95 of
  3. Amended by: L.N. 25 of
  4. €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.
  5. 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. Training. Added by: L.N. 95 of
  6. 18 [ S.L.363.20 Amended by: L.N. 89 of
  7. LOCAL GOVERNMENT (HUMAN RESOURCES) SCHEDULE 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 Expectations Achievements consistently met the majority 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) [ S.L.363.20 19 2 Satisfactory Performance Overall achievements frequently met several of the objectives or requirements. With improvements in certain areas in the work plan, the work performance may be considered satisfactory. Achievements Not Acceptable Achievements consistently fell below 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 ............................. 20 [ S.L.363.20 LOCAL GOVERNMENT (HUMAN RESOURCES) 3 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 FA C T O R S AND DEFINITIONS
  8. Volume of Work: Volume of work done compared with the job requirements.
  9. Quality of Work: Accuracy and presentation of work.
  10. Knowledge of Job: Understanding job procedures, equipment and methods, responsibilities and scope of duties.
  11. 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. COMMENTS LOCAL GOVERNMENT (HUMAN RESOURCES) [ S.L.363.20 21 4
  12. Innovation: The degree to which the Executive Secretary/ employee continuously examines m ethods and policies and make suggestions for improvements.
  13. Staff Development: Consideration for subordinates shown; planning of work to be carried out by his subordinates, as well as their monitoring, appraisal and development.
  14. Communication: Ability to communicate both verbally and in writing.
  15. Teamwork: What relationship has been established with work colleagues and others related to Council work. Effectiveness Rating Summary: Performance Factor High
  20. Volume of work Quality of work Knowledge of job Dependability Innovation Medium Satisfactory Not Acceptable [ S.L.363.20 22 LOCAL GOVERNMENT (HUMAN RESOURCES) 5 High
  23. Medium Staff Development Communication Teamwork Overall marking [Insert x where applicable] Exceeded Expectations Commendable Satisfactory Performance Not Acceptable General Comments by the Mayor: Satisfactory Not Acceptable LOCAL GOVERNMENT (HUMAN RESOURCES) [ S.L.363.20 23 6 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

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AI explanation based on the official legal text. Indicative, not a substitute for legal advice.