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Thailand’s New Civil Service Act 2008

Thailand’s New Civil Service Act 2008. MR Visoot Prasitsiriwongse Senior Advisor Office of the Civil Service Commission, Thailand. 2. 3. 1. Objectives. Rationale for the Change. “ What’s new?. Topics. 2. Why Bother Changing?. Losing Trust ”. General Public Trust

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Thailand’s New Civil Service Act 2008

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  1. Thailand’s New Civil Service Act 2008 MR Visoot Prasitsiriwongse Senior Advisor Office of the Civil Service Commission, Thailand

  2. 2 3 1 Objectives Rationale for the Change “What’s new? Topics 2

  3. Why Bother Changing? Losing Trust ” • General Public Trust • Trust from the Departments • Trust from the civil servants • Trust among the Departments

  4. Previous Composition of CSC 5 Commissioners ex officio • Prime Minister or Deputy Prime Minister as Chairman • Permanent Secretary, Ministry of Finance • Director, Bureau of Budget • Secretary General, National Economic and Social Development Board • Secretary General, OCSC 5 Elected Commissioners from Permanent Secretaries and Director-Generals 5 – 7 Academic Specialists from related fields

  5. 1964 - 1972 2007 • 5,109 firms with 200+ employees • Totalprivate sector employment of 3 millions (2.7 times of civil service employment • 239big firms with 100+ employees • Total private sector employment of 56,000 people (1/5 of civil service employment)

  6. Provide legel framework for HRM Reform by Objectives Letting Director-Generals manage Ensuring merit practices Promoting Civil Servants’ Participation 7

  7. 12 New Aspects Human Aspects Work Aspects Justice and Fairness Effectiveness, Efficiency, and Quality of Work 7. Set up Merit System Protection Commission 8. Improve Complaint and Grievance Procedure 9. Amend Ethics and Disciplinary Systems 10. Create Whistle Blower Protection Measures 1.Lay Down Principles 2. Change the Roles of the CSC 3. Change Authority Structure / Empower 4. Change Positions Classification System 5. Change Remunerations System 6. Extend Retirement Human Aspects Participation 11. Being required to Consult Relevant Ministries before Issuing CSC Regulations 12. Allow Civil Servants to Assemble as a Group or Union 8

  8. Self Conduct (Section 78) “Work (Section 34) Merit (Section 42) Jurisdiction Scope From the past all 9 Acts, only the Act 1928 A.D. Laid Down Principles The Civil Service Mgt shall be taken with a view to result-based outcome, efficiency and good value for money of the State service. Officials shall perform official duties with quality, virtuously and have a good quality of life. “An ordinary civil servant must uphold the ethics of officials as prescribed by the government agency with the objective of achieving good officials who exhibit honor and dignity as officials. Principles • Knowledge, competency of person, equal opportunity, and efficiency in parallel. • No unfair discrimination. • Performance-based pay, performance and competency based advancement, with no consideration of political party affiliations. • Fair disciplinary proceedings without prejudice. • Politically impartiality. • Groups of persons e.g. Cabinet, CSC, Special CSC • Personse.g. PM, Ministers, Perm. Sec., Director-Generals, Management, and all Officials • Issuance of rules & regulations • Search, Instatement, and Appointment • Reassignment, transfer and promotion of civil servants • Appeals & Grievance • Code of conduct 9

  9. O&M Manager Gov’tHR manager Civil Servants Rep. Merit System Protector Redefined Roles of the CSC • From 4 conflicting roles to 1 focused role Government’s HR manager • Equivalent status to the PM • Having authorities over the PM • Merit Watch Dog • Subordinate to the PM • Subordinate to the Prime Minister • HR Regulator • HR Controller 10

  10. Changed Components of the CSC Commissioners 5 Commissioners ex officio • Prime Minister or Deputy Prime Minister as Chairman • Permanent Secretary, Ministry of Finance • Director, Bureau of Budget • Secretary General, National Economic and Social Development Board • Secretary General, OCSC 5 – 7 appointed persons from specialists in HRM, administration and management, or laws 11

  11. Changed Roles Propose & Advise on HRM Policy Prescribe HRM Guiding Rules & Regulations Section 8 Approve Agencies’ Establishment Plan Supervise, Oversee, Monitor, Inspect, and Evaluate HRM in Ministries and Depts. 12

  12. Ensure Professionalism Separate the Rules & Regulations Issuance Body from the Enforcement Body Warrant Fairness Authority & Responsibilities Consideration Framework Independent MSPC • Equivalent to Judges of Administrative Courts of First Instance • Full time working Establishment of Commission for Merits System Protection: CMSP • Limit timeframe for consideration to 160+60+60 days • Sufferings caused by Perm. Sec., Minister, or Prime Minister shall be appealed to CMSP • Results from the CMSSP consideration shall be acted upon. However, the case can be appealed to the Supreme Administrative Court if necessary. Measures for EnsuringMerit Practises • Selection Committee • President of Supreme Administrative Court (Chairman) • Vice President of Supreme Court • One rep from CSC commissioner • CSC Secretary General • Prohibitions • Officials • Holders of Political Positions • Board member of State Enterprise • etc. • Hold office for a term of 6 years and only once • Executives don’t have power to discharge • CSC Secretary General merely plays Secretariat roles • Consider appeals • Consider complaints • Consider matters on preservation of merit system • Issue regulations, directives, rules & procedures • Basic Principles • Civil Service Act • Enforcement ordinance 13

  13. Changed Authority Structure Authority Oversight Empower Section 9: In the case where Ministry, Department fails to comply with CSC resolution, Head of the agencies shall be deemed to be in breach of discipline Delegate • Section 47: Ministry to determine numbers of positions • Section 56: Ministry/Department to instate highly skilled persons (lateral entry) • Section 65: Reinstate ex-civil servants • Section 97: Ministry/Department to perform disciplinary procedures/actions Section 53: Competitive exam shall be in accordance with rules, procedures and conditions prescribed by the CSC 14

  14. Advantages Give up standardised system in use since 1975 • Solve “Grade Craziness” and “Grade Inflation” • Pay according to value of work • More market competitive salary New Position Classification System Classify positions into 4 categories Authority to specify establishments is devolved to Ministry 15

  15. Positions Classification System: The Old and the New The Old The New Higher Qualified Primary Grade 11 Higher Special Skills Specialist Grade 10 Grade 9 Primary Special Expert Grade 8 Senior Expert Grade 7 Experienced Operational Grade 3-5/6 Grade 2-4/5/6 Grade 1-3/4/5 Operational Administrative Technical Executive General

  16. Perm. Sec./Deputy Perm. Sec./ Director-General / Governor / Ambassador / Ministry Inspector General Higher Level Deputy Director-General / Vice Governor Primary Level Executive Positions • Sub-Categories • Management • Diplomat • Governor • Inspector General 17

  17. A position with managerial tasks • The bureau has especially high responsibility, complicated mission, high work quality • One-level subordinated to Head of the Agency Higher Level • A position with managerial tasks • The division has high responsibility, complicated mission, and work quality • One- or two-level subordinated to Head of the Agency Primary Level Managerial Positions Bureau Director Division Director 18

  18. Knowledge Worker Positions Highly Specialized and Recognized Ministry-levelSpecialization Advisory Level Highly Specialized Department-levelSpecialization Expert Head of a Section (Academic-like) Highly experienced in conducting academic-like tasks Highly Experienced Senior Professional Head of a Sub-Section (Academic-like) Experienced Experienced in conducting academic-like tasks Professional Level Entry Level Practitioner Level 19

  19. General Positions Highly Skilled Exceptionally HighlySkilled &Experienced Senior Head of a large work unit Highly Skilled &Experienced Highly TechnicallySkilled Experienced Experienced in ‘Line’ position Experienced in “ ‘Staff’ position Head of a primary work unit Skilled & Experienced Technically Skilled Operational Entry Level 20

  20. MINIMUM Tenure period & salary Executive Qualification 66,480 Higher 53,690 Knowledge Worker 1 3 Managerial 66,480 64,340 Primary 48,700 Qualified 5 59,770 Higher 31,280 2 yr + Salary reach MP. T4 41,720 1 59,770 Specialist 2 3 yrs + Sal reach MP. T3 50,550 Primary 25,390 2 29,900 General 4 50,550 59,770 Special Expert Special Skills 3 4 yrs + Salary reach MP. T2 21,080 48,220 Salary reach max. G3 36,020 Black alphabets =Min. tenure period to be qualifiedfor a “Promotion” 47,450 Expert 7 Senior 6 yrs for Bachelors / 4 yrs for Masters / 2 yrs for Doctoral + Salary reach min. T2 6 6 yrs + salary reaches MP. G2 14,330 15,410 Red Numbers = Min. tenure period to be qualified for a “Transfer” 22,220 Operational 33,540 Experienced 6 yrs for vocational / 4 yrs for Higher vocational + Salary reach min. G2 7,940 10,190 18,190 Operational Pass competitive exam 4,630

  21. Suit Better with Work Value & Market Rate Supporting Mechanisms Performance-based • From a single to 4 Salary Schedules • 2 additional types of remunerations: Locality pay and Class Series Based pay • CSC may set salary range for comparable jobs in the same position category differently • CSC may set initial salary of the new entrants with the same degree differently • PM & PA • KPI • Competency Appraisal Salary Increase by “Percentage” based on midpointsinstead of “Step” Improved Remunerations System 22

  22. Distribution of Performance VS Salary Increase NEW OLD 1stsix months 2ndsix months Performance Rating Score & Salary Increase Actual Performance

  23. Mobility 1 4 2 3 Promotion of Mobility through Managerial Positions Prepare Pool of Right People • Both at Departmental and Ministerial Levels Make Them Well Experienced Choose One own’s Career Path • Have experiences in at least 3 agencies/fields of work/geographical areas • At least 2 years each • Transfer occurs if one is accepted by the other agency Build Strong Team (Provisional Clause) • Head and Deputy Head of the Agencies play a vital role • Appointer, Superintendent, Colleagues take part

  24. Improved Appeals and Complaints System Old New Appeal to one who issues a punishment order Appeal to the Nonpartisan Agency Appeal to Civil Service Sub-Commission (CSSC) or CSC Appeal to MSPC CSC resolution on the appeal case needs to be authoried by PM Government Agencies Must Comply with CMSP’s Resolution Make Complaints to higher level supervisors (or to MSPC if complaints due to a cause from agency head, minister / or PM) Make complaints to head of agency, CSSC, or CSC Make Complaints to MSPC (e.g. illness, disqualification, being under a Prohibition) Appeal to MSPC (e.g. Lack of Efficiency, Defectiveness, and Misconduct) Make a complaint in case of being discharged

  25. Terima Kasi www.ocsc.go.th

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