Thailand’s New Civil Service Act

2008

Thailand’s New Civil Service Act

2008

MR Visoot PrasitsiriwongseSenior Advisor

Office of the Civil Service Commission, Thailand

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TopicsTopics

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Objectives2

“What’s new?3

Rationale for the ChangeRationale for the Change1

Why Bother Changing?Why Bother Changing?

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• General Public Trust• Trust from the Departments• Trust from the civil servants• Trust among the Departments

Losing Trust Losing Trust ””

Previous Composition of CSC

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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 Commissioners ex officio

5 ElectedCommissioners from Permanent

Secretaries and Director-Generals

5 – 7Academic Specialists from related

fields

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• 239 big firms with 100+ employees

• Total private sector employment of 56,000 people (1/5 of civil service employment)

1964

- 1972• 5,109 firms with 200+ employees

• Total private sector employment of 3 millions (2.7 times of civil service employment

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0

0

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Objectives

Letting Director-Generals manage

Ensuring merit practices

Promoting Civil Servants’ Participation

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Provide legel framework for HRM Reform by

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12 New Aspects

1.Lay Down

Principles

Effectiveness, Efficiency, and Quality of Work

Participation

Justice and Fairness

2. Change the Roles of the CSC

3. Change Authority Structure / Empower

4. Change Positions Classification System

5. Change Remunerations System

6. Extend Retirement

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

11. Being required to Consult Relevant Ministries before Issuing CSC Regulations

12. Allow Civil Servants to Assemble as a Group or Union

Work AspectsHuman Aspects

Human Aspects

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9

“Work (Section

34)

“Work (Section

34)

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.

From the past all 9 Acts, only the Act 1928 A.D. Laid Down Principles

Self Conduct(Section

78)

Self Conduct(Section

78)

Merit(Section 42)

Merit(Section 42)

Jurisdiction

Jurisdiction

ScopeScope

“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.

•Groups of persons e.g. Cabinet, CSC, Special CSC

•Persons e.g. PM, Ministers, Perm. Sec., Director-Generals, Management, and all Officials

1. Knowledge, competency of person, equal opportunity, and efficiency in parallel.

2.No unfair discrimination.

3. Performance-based pay, performance and competency based advancement, with no consideration of political party affiliations.

4.Fair disciplinary proceedings without prejudice.

5.Politically impartiality.

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•Issuance of rules & regulations

•Search, Instatement, and Appointment

•Reassignment, transfer and promotion of civil servants

•Appeals & Grievance• Code of conduct

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Redefined Roles of the CSC๏From 4 conflicting roles to 1 focused role

Government’s HR managerGovernment’s HR managerGovernment’s HR managerGovernment’s HR manager

Gov’t Gov’t HR managerHR manager

O&M O&M ManagerManager

Merit System Merit System ProtectorProtector

Civil Servants Civil Servants Rep.Rep.

•Subordinate to the Prime Minister

•HR Regulator

•HR Controller

•Subordinate to the PM

•Having authorities over the PM

•Merit Watch Dog

•Equivalent status to the PM

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Changed Components of the CSC Commissioners

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5 Commissioners ex officio

5 – 7 appointed persons fromspecialists in HRM, administration

and management, or laws

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

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Changed Roles

Propose & Advise on HRM Policy

Prescribe HRM Guiding Rules & Regulations

Approve Agencies’ Establishment PlanSection 8Section 8

Supervise, Oversee, Monitor, Inspect, and Evaluate HRM in Ministries and Depts.

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Measures for Ensuring

Merit Practises

Measures for Ensuring

Merit Practises

Warrant Fairness

Authority & Responsibilities

Consideration Framework

Ensure Professionalism

Independent MSPC

•Equivalent to Judges of Administrative Courts of First Instance

• Full time working

• 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.

• Consider appeals• Consider complaints• Consider matters on preservation of merit system

• Issue regulations, directives, rules & procedures

•Basic Principles•Civil Service Act•Enforcement ordinance

• 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

Separate the Rules & Regulations Issuance Body

from the Enforcement Body

Establishment of Commission for Merits System Protection: CMSP

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Changed Authority Structure

EmpoweEmpowerr

Authority

DelegaDelegatete

OversiOversightght• 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

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

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New Position New Position Classification Classification

SystemSystem

Give up standardised system in use since 1975

Authority to specify

establishments is devolved to Ministry

•Solve “Grade Craziness” and “Grade Inflation”

•Pay according to value of work

•More market competitive salary

Advantages

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Classify positions into

4 categories

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Positions Classification System: The Old and the New

Grade 11

Grade 10

Grade 9Grade 8

Grade 7

Grade -356/Grade -2456/ /Grade -1345/ /

TechnicalGeneral

Operational

Administrative

Executive

The Old

The New

Experienced

Senior

Special Skills

Operational

Expert

Special Expert

Specialist

Qualified

Primary

Higher

Primary

Higher

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Executive Positions

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Deputy Director-General / Vice Governor

Higher Level

Primary Level

Perm. Sec. / Deputy Perm. Sec. /Director-General / Governor / Ambassador / Ministry Inspector General

Sub-Categories• Management• Diplomat• Governor• Inspector General

Sub-Categories• Management• Diplomat• Governor• Inspector General

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Managerial Positions

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Higher Level

Primary Level

• A position with managerial tasks• The bureau has especially high responsibility, complicated mission, high work quality• One-level subordinated to Head of the Agency

• 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

Bureau Director

Division Director

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Knowledge Worker Positions

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Entry LevelEntry Level

ExperiencedExperiencedHead of a Head of a

Sub-SectionSub-Section(Academic-like)(Academic-like)

Experienced Experienced in conducting in conducting

academic-like tasksacademic-like tasks

Highly ExperiencedHighly Experienced

Highly SpecializedHighly SpecializedDepartment-levelDepartment-levelSpecializationSpecialization

Head of a SectionHead of a Section(Academic-like)(Academic-like)

Highly Specialized Highly Specialized and Recognizedand Recognized

Highly experienced Highly experienced in conducting in conducting

academic-like tasksacademic-like tasks

Ministry-levelMinistry-levelSpecializationSpecializationAdvisory Level

Expert

Senior Professional

Professional Level

Practitioner Level

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General Positions

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Entry LevelEntry Level

Skilled & Skilled & ExperiencedExperienced

Head of a primary Head of a primary work unitwork unit

Technically Technically SkilledSkilled

Experienced in Experienced in ‘‘LineLine’ position’ position

Highly Skilled &Highly Skilled &ExperiencedExperienced

Highly TechnicallyHighly TechnicallySkilledSkilled

Exceptionally HighlyExceptionally HighlySkilled &Skilled &

ExperiencedExperienced

Head of a large Head of a large work unitwork unit

Experienced inExperienced in“ ‘“ ‘StaffStaff’ position’ position

Highly Skilled

Senior

Experienced

Operational

Operational

Qualified

Specialist

Special Expert

Expert

Operational

Special Skills

Senior

Experienced

505, 50Primary2 5,39 0

7,940

22220,14330,

36020,21080

50,55029,900

59770,41,720

6 6,480

4,630

48,220

18190,10,190

33,540

4 7,450

59770,

5 9,770Higher 31,28 0

64340,Primary48700,

66480,Higher

53690,

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Black alphabets Black alphabets == Min. Min. tenure period to be tenure period to be qualifiedqualified for a for a “Promotion”“Promotion”

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4 yrs + Salary reach MP. T26 yrs for

Bachelors / 4 yrs for Masters / 2 yrs for Doctoral + Salary reach min. T2

6 yrs for vocational / 4 yrs for Higher vocational + Salary reach min. G2

1

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Red Red Numbers Numbers = Min. = Min. tenure period to be tenure period to be qualified for a qualified for a “Transfer”“Transfer”

6 yrs + salary reaches MP. G2

2

3

Salary reach max. G3

3 yrs + Sal reach MP. T3

2 yr + Salary reach MP. T4

15,410

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Supporting Mechanisms

• PM & PA

• KPI

• Competency Appraisal

Improved Remunerations System

Suit Better with Work Value & Market Rate

• 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

Performance-based

Salary Increase

by

“Percentage” based on

midpoints

instead of

“Step”

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Distribution of Performance VS Salary Increase

OLD NEW

1st six

months

2nd six

months

Actual PerformancePerformance Rating Score & Salary Increase

Promotion of Mobility through Managerial Positions

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1

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3

• Both at Departmental and Ministerial Levels

• Have experiences in at least 3 agencies/fields of work/geographical areas

• At least 2 years each

(Provisional Clause)

• Head and Deputy Head of the Agencies play a vital role

• Appointer, Superintendent, Colleagues take part

• Transfer occurs if one is accepted by the other agency

Build Strong TeamBuild Strong Team

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Improved Appeals and Complaints System

Appeal to one who issues a punishment order

OldOld NeNewwAppeal 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 head of agency, CSSC, or CSC

Make Complaints to higher level supervisors (or to MSPC if complaints due to a cause from

agency head, minister / or PM)

Make a complaint in case of being discharged

Make Complaints to MSPC (e.g. illness, disqualification, being under a Prohibition)

Appeal to MSPC (e.g. Lack of Efficiency, Defectiveness, and Misconduct)

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