The Civil Service Law of 1990 (1/1990)

PART I INTRODUCTORY PROVISIONS
Short title

The Public Service Laws of 1990 to 1996 shall be referred to together as the Public Service Laws of 1990 to (No. 2) of 1996.

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Hermeneutics

In this Law, unless the text otherwise requires,

“competent authority” means

(a) The President of the Republic for the civil servant who exercises the powers and responsibilities of the Head of Department for the employees of the Presidency and for the employees of the Presidency, but for these employees he usually acts through the said employee;

(b) the President of the House of Representatives for the Director General of the House of Representatives and for the employees of the House of Representatives, but for these employees he usually acts through the Director General of the House of Representatives.

(c) to the extent that it concerns matters of the Supreme Constitutional Court, the President of the Supreme Constitutional Court for the Chief Registrar and for the Registrars and employees of the Supreme Constitutional Court, for whom he or she normally acts through the Chief Registrar, and, to the extent that it concerns matters of the Supreme Court and/or the courts subordinate to it, the President of the Supreme Court for the Chief Registrar, the Registrars and employees of the Supreme Court and all other courts subordinate to it, for whom he or she normally acts through the Chief Registrar;

(d) the Council of Ministers for the Accountant General of the Republic, the Assistant Accountant General, the Directors General of the Ministries, the Director General of the General Directorate of Development, Ministry of Finance and the Secretary of the Council of Ministers and for the employees of its Secretariat, but for these employees it usually acts through the Secretary of the Council of Ministers;

(e) the head of an Independent Office or Service for the employees of such Office or Service

(f) the Minister, acting normally through the Director General of the Ministry, for the employees of his Ministry and each Department subordinate to it, and

(g) the Minister of Finance who usually acts through-

(i) the Accountant General of the Republic for the employees of the General Accounting Office, and

(ii) the Director General of the General Directorate of Development, Ministry of Finance for the employees of this Directorate;

“public position” means a position in the public service;

“public service” means any service under the Republic other than the judicial service of the Republic, service in the Armed Forces of the Republic or the Security Forces of the Republic, service in the position of the Attorney General of the Republic or the Auditor General or their Assistants or, subject to paragraphs 3 and 4 of Article 126 of the Constitution, the Accountant General or his Assistants or service in any position in respect of which different provision is made by law or the service of workers or service by persons whose remuneration is calculated on a daily basis or service by persons who are employed on a temporary basis under the Employment of Temporary Employees (Public and Educational Service) Laws of 1985 to 1991 and the Procedure for the Employment of Temporary Employees in the Public and Educational Service Laws of 1995 to (No. 3) of 2004, as amended from time to time;

“public servant” means one who holds a public position, whether permanently, temporarily or by replacement;

“occupational position structure” means the position structure in the public service, the entry position of which is in scales A9, A11 and A12 and A11 and A12 of the government salary scale, as these scales apply on the date of entry into force of this Law, excluding the positions of the House of Representatives which are provided for in the Services and Personnel of the House of Representatives Law, as subsequently amended by the respective State Budget Laws, the positions of the Judicial Service, the positions of the Audit Service, as well as the positions of the Foreign Service of the Republic established under the Foreign Service of the Republic Law;

“scientific position structure” means the position structure in the public service, the entry position of which is in scales A8, A10 and A11 of the government salary scale, as these scales apply on the date of entry into force of this Law, excluding the positions of the House of Representatives which are provided for in the Services and Personnel of the House of Representatives Law, as subsequently amended by the respective State Budget Laws, the positions of the Judicial Service, the positions of the Audit Service, the position of Chief Nursing Officer – General Nursing Branch [Cl. A13(ii)], the position of Chief Nursing Officer – Mental Health Nursing Branch [Cl. A13(ii)] and the position of Chief Health Visitor Officer – Health Visitor Branch [Cl. A13(ii)], as well as the positions of the Foreign Service of the Republic established under the Foreign Service of the Republic Law;

“Commission” means the Public Service Commission;

“Annual Official Reports” also include the Annual Confidential Reports compiled before the entry into force of this Law;

“position” means a public position;

“position involving direct or indirect participation in the exercise of public authority and in the safeguarding of the general interests of the state” means a position determined as such by the Council of Ministers;

“private university” means a university, which is established and operates in accordance with the provisions of the Private Universities (Establishment, Operation and Control) Law;

“prescribed” means prescribed by regulations issued by the Council of Ministers in accordance with the provisions of this Law and “prescribed” shall be construed accordingly;

“state university” means the University of Cyprus, the Cyprus University of Technology or any other state university established by the Republic by virtue of law;

“Member State” means a Member State of the European Union and includes the States which are parties to the Agreement on the European Economic Area and Switzerland;

“law” includes any provision of a legislative nature and the Budget;

“Chairman” means the Chairman of the Public Service Commission;

“Head of Department” means the person who holds the highest hierarchical position in the Department, and in the case of an Independent Office or Service, its or her Head and includes the civil servant who holds the highest hierarchical position among the employees serving with any status in the Presidency with respect to such employees, the Accountant General of the Republic with respect to the employees of the General Accounting Office, the Director General of the House of Representatives with respect to the employees of the House of Representatives, the Director General of a Ministry with respect to the Heads of Departments of that Ministry and the employees who are not under a Department of the Ministry, the Director General of the General Directorate of Development, Ministry of Finance with respect to the employees of that Directorate, the Secretary of the Council of Ministers with respect to the employees of the Secretariat him and the Chief Registrar in relation to the Registrars and all employees of the Supreme Constitutional Court, the Supreme Court and all other courts subordinate to the Supreme Court;

“oral examination” means an individual or group oral examination and includes an interview;

“Agreement on the European Economic Area” means the Agreement ratified by the Agreement on the Participation of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Malta, the Republic of Hungary, the Republic of Poland, the Republic of Slovenia and the Slovak Republic in the European Economic Area of 2004 and the Final Act (Ratification) Act of 2004;

“system of evaluation of the performance of civil servants” means the system of preparation of Service Reports as defined in article 50;

“Department” means a Department, Service or Office under a Ministry, as determined by the Council of Ministers;

“employee” means a public servant;

“service” means a public service;

“Ministry” includes both the Deputy Ministry and the General Directorate, as well as each Department under the Ministry, the Deputy Ministry and the General Directorate.

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Implementation of this Law

This Law applies to all members of the public service, except those who do not fall within the jurisdiction of the Public Service Commission or for whom different provision is made under any other law.

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PART II PUBLIC SERVICE COMMISSION
Public Service Commission
4.-(1) A Public Service Commission is established consisting of a Chairman and four other members appointed by the President of the Republic.

(2) The term of office of the Commission is six years.

(3) No person may be appointed or remain a member of the Commission without-

(a) He is not a citizen of the Republic, is not of impeccable character and does not have the qualifications to be elected as a member of parliament.

(b) holds or has held during the twelve months preceding his appointment, in the case of the President, or during the six months preceding his appointment, in the case of any member-

(i) Minister,

(ii) member of parliament,

(iii) a public servant or a person belonging to the armed forces,

(iv) an employee of any local authority or legal person or public benefit organization established by law for the public interest, and

(v) member of a union or association or organization belonging to it.

(4) Any member of the Commission may at any time submit a resignation addressed to the President of the Republic.

(5) If during any period of time a member of the Commission is on leave or is unable due to absence from Cyprus or illness or any other reason to perform his duties or exercise his powers as a member of the Commission in accordance with this Law, the President of the Republic may appoint any person, who possesses the qualifications to be a member of the Commission, as a temporary member for the period of time during which the member is on leave or incapacity, as mentioned.

(6) The members of the Commission may not be dismissed except for the same reasons and in the same manner as the judges of the Supreme Court.

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Committee responsibilities
5.-(1) Except in cases for which special provision is made in this Law or in any other Law in relation to any matter related to this article, the powers of the Commission shall include-

(a) the appointment, confirmation of appointment, inclusion in the permanent staff, promotion, transfer, secondment and retirement of civil servants and the exercise of disciplinary control over civil servants, including their dismissal or compulsory retirement; and

(b) the control and publication in the annual report provided for in article 20, of statistical data regarding the proper implementation of the performance evaluation system of public servants, both by Ministry and Department, and by category of employees, as the Committee deems appropriate, and the submission of suggestions, based on international good practices, for the improvement of the said system and the prevention of errors in the application of the relevant regulations.

(2) The President and the members, upon their appointment to the Committee, are informed of the full range of their responsibilities and the relevant legislative framework and draw up a program of continuous information and training regarding methods of evaluating candidates and, more generally, the exercise of their responsibilities.

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Internal safety valves
5A.-(1) In all its procedures, the Commission ensures that internal mechanisms are implemented to ensure compliance with the forms, legal framework and principles governing the selection of candidates.

(2) In particular and without prejudice to the generality of subsection (1), the members of the Committee shall, inter alia-

(a) complete structured forms, during the selection process for each candidate, for the purpose of documenting and certifying each oral examination conducted;

(b) record and/or grade the results of the oral examination and record any other observations that affect the decision-making process:

It is understood that the personal notes and/or scores of the members regarding the candidates’ performance in the oral examination are delivered by them immediately after the end of the process of filling the positions and form part of the relevant file.

(3) Each candidate may have access to the part of the documents referred to in subsection (2) which concern him, without being required to request permission from the Court.

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Benefits

The remuneration of the Chairman and each member of the Commission is determined by law and may not be changed to the detriment of the Chairman or member after their appointment.

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Nature of service

The President and the other members serve full-time and are subject to the working hours for public servants as determined from time to time by the Council of Ministers.

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Private employment

The Chairman and the other members of the committee are not permitted to practice any profession or work or to engage in any business of any nature or to accept for payment any other employment outside their duties except with the permission of the Council of Ministers.

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Leave and other benefits

The Chairman and the other members of the Committee may be granted leave of absence, sick leave and other benefits, as determined by the Council of Ministers.

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President of the Commission
10.-(1) The President shall preside over the Committee and its Office, convene its meetings and sign any important correspondence or document.

(2) The Chairman shall draw up the agenda for each meeting and shall ensure that it is communicated to each member of the Committee at least twenty-four hours before the meeting. In case of urgency, the agenda may be circulated among the members immediately before the meeting.

(3) The Chairman shall include in the agenda any matter, if requested by a member of the Committee, at least forty-eight hours before the meeting, if the matter is offered for consideration at the meeting in question, otherwise the matter shall be included in the agenda of a future meeting at which it may be appropriately considered, but in any case not later than fifteen days from the date on which this was requested.

(4) The President shall include in the agenda within one week of receiving the request any matter referred by the competent authority.

(5) It is the duty of the President to ensure that every decision of the Commission is duly implemented.

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Committee Meetings
11.-(1) If the President is unable to attend and preside at any meeting, the members present shall elect one of their number to preside.

(2) Three members present constitute a quorum and any decision to be valid must be taken with three votes.

(3) Summary minutes of the proceedings of each meeting shall be kept. Any member present at the meeting may request that his views, which are essential for the taking of a decision, be recorded in the minutes.

(4) A copy of the minutes shall be distributed as soon as possible to the Members. Any objection to the minutes so distributed shall be submitted in writing to the President within forty-eight hours of their distribution and a decision shall be taken thereon at the next meeting, at which time the minutes shall be approved. If any such objection is made within the time limit aforesaid, the minutes shall be deemed to have been approved.

(5) The minutes are signed, when ratified by the Chairman of the meeting, and are kept in a special book or minutes folder.

(6) Subject to the provisions of this Law, the Commission may regulate its internal operations.

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Vacant position
12.-(1) When the President or another member of the Commission ceases to possess the qualifications required for the position of President, the President of the Republic shall terminate his appointment.

(2) In the event of termination of the appointment of the Chairman or another member of the Commission either under subsection (1) of this article or under subsection (6) of article 4 or in the event that the position on the Commission becomes vacant for any reason, the President of the Republic shall, within forty-five days, make a new appointment for the remaining period of the term of office of the Commission.

(3) The validity of any act or work of the Committee shall not be affected by the vacancy of a member thereof, provided that the number of members is not less than three.

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Commission Office
13.-(1) The Commission has its own Office.

(2) A number of public servants, as determined from time to time by the Council of Ministers, shall serve in the Office of the Commission, upon the proposal of the Commission, one of whom shall act as Secretary.

(3) The Secretary shall be responsible for the Office of the Commission and, in accordance with any instructions which may be given to him by the Chairman, shall attend its meetings and keep minutes. The Secretary shall transmit every decision of the Commission to any competent authority or person, shall keep the correspondence and records of the Commission and shall make them available to any member, if so requested by the member, for the performance of his duties.

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Obligation for confidentiality
14.-(1) The Chairman and any other member of the Committee shall consider and treat as confidential any matter raised or discussed at any meeting or other work of the Committee and any information, written or oral, which has come to his knowledge during the performance of his duties and shall not disclose or transmit any such matter or information without the consent of the Committee given in writing by the Chairman except for the due performance of his duties.

(2) The Chairman or any other member of the Commission who acts in contravention of the provisions of subsection (1) or fails to comply with them shall be guilty of an offence and shall be liable to imprisonment for a term not exceeding two years or to a fine not exceeding one thousand pounds or to both such fines.

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Abstention from duties

Upon the commencement of the procedure for the dismissal of the Chairman or any member of the Commission under subsection (6) of article 4, the Chairman or member shall refrain from performing his duties until the completion of such procedure.

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Protection of members

Subject to the provisions of this Law, neither the Chairman nor any other member of the Commission shall be liable for anything said or done or omitted to be done in the good faith performance of his duties.

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Obligation of public servants to provide information, etc.

The Commission may require, through the competent authority, any public servant to appear and give evidence before it or to provide any information or to assist the Commission on any matter which the Commission has examined in the exercise of its powers and may require the production of any official documents relating to any such matter.

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Disposition of records

Any public servant who submits any matter for consideration by the Commission shall ensure that all relevant evidence and documents are made available to the Commission.

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Ex officio disciplinary proceedings

Any public servant who, during any disciplinary proceedings before the Commission, behaves in a manner that is improper or contemptuous of the Commission or, without sufficient justification, fails to appear before the Commission when lawfully summoned to do so, or fails to comply with any instruction lawfully and regularly given by the Commission, shall be guilty of a disciplinary offence and, notwithstanding the provisions of article 81, the Commission may, ex officio, initiate disciplinary proceedings. and to impose on him any of those provided for in Part II of the First Schedule to this Law.

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Annual report

The Chairman of the Committee shall submit, within the first half of each year, a report on the work of the Committee for the previous year for the information of the Council of Ministers.

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PART III STRUCTURE OF THE PUBLIC SERVICE
Permanent and temporary positions
21.-(1) A position may be permanent or temporary.

(2) A permanent or temporary position is created by a law that determines the title and the salary or salary scale of the position.

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Maximum number of seats

The maximum number of permanent or temporary positions is determined by the law that creates them.

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Compiled positions

Permanent positions are eligible for appointment.

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Interchangeable and non-interchangeable positions
24.-(1) Positions are divided into interchangeable and non-interchangeable.

(2) Interchangeable positions shall belong to one of the following categories:

(a) the General Administrative Staff

(b) the General Secretariat Staff

(d) [Deleted]

(e) [Deleted]

(f) [Deleted].

(3) The interchangeable positions referred to in subsection (2), the holders of which are referred to in this Law as “interchangeable personnel”, constitute a separate Department headed by the Director of the Department of Public Administration and Personnel.

(4) All other positions are non-interchangeable.

(5) The Council of Ministers may, by regulations, designate non-replaceable positions as replaceable and vice versa, and may appoint in each case the Head of the replaceable or non-replaceable positions.

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Categories and classes

Subject to the provisions of article 24, public positions are divided into categories and ranks determined by law:

It is understood that, until these categories and ranks are determined, the categories and ranks that existed for the various public positions on the date of entry into force of this Law will continue to exist.

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PART IV APPOINTMENTS, PROMOTIONS, TRANSFERS, RESIGNATIONS AND RELEASE
Hermeneutics

For the purposes of this Part, unless the context otherwise requires-

“appointment” means the conferral of a position on a person who is not in the public service or the conferral of a position on an employee other than that which he holds permanently and which does not constitute a promotion . The term “appoint” shall be construed accordingly .

“promotion” means a change in the permanent status of an employee which entails an increase in his salary or entails his inclusion in a higher grade of the public service or in a salary scale having a higher upper limit, whether the employee’s salary increases immediately with such change or not . The term “promotion” shall be construed accordingly.

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Service plans
27.-(1) The general duties and responsibilities of a position and the qualifications required for its holding are determined in the service plans drawn up by the Council of Ministers by regulations approved by Parliament in accordance with the procedure provided for in subsection (3) of article 87.

(2) The service plans, once approved, are published in a special Supplement to the official gazette of the Republic.

(3) A service plan may provide for the success of candidates in a competition as a condition for appointment or promotion.

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Job categories for appointment or promotion purposes
28.-(1) For the purposes of appointment or promotion, positions are divided into the following categories:

(a) First Appointment Positions, which may be awarded to persons who are not in the public service or to employees .

(b) First Appointment and Promotion positions, to which persons who are not in the public service may be appointed or civil servants may be appointed or promoted .

(c) Promotion positions, to which employees serving in the immediately lower grade or position of the specific branch or subdivision of the public service may be promoted, as the case may be .

(d) Interdepartmental Promotion positions, which are positions in the salary scale A13(ii) of the government salary scale, as it applies on the date of entry into force of this Law, to which employees serving anywhere in the public service in a position at the immediately lower salary level of the scientific position structures or the professional position structures, as the case may be, may be promoted, excluding the positions of the House of Representatives which are provided for in the Services and Personnel of the House of Representatives Law, as subsequently amended by the respective State Budget Laws, the positions of the Judicial Service, the positions of the Audit Service, the position of Chief Nursing Officer – General Nursing Branch [Cl. A13(ii)], the position of Chief Nursing Officer – Mental Health Nursing Branch [Cl. A13(ii)] and the position of Chief Health Visiting Officer – Health Visiting Branch [Cl. A13(ii)], as well as the positions of the Foreign Service of the Republic established by virtue of the Foreign Service of the Republic Law.

(2) The category of each position is defined in the relevant service plan.

(3) For the purposes of this article, “branch or subdivision of the public service” means a branch or subdivision of the public service consisting of two or more grades of the same position or of different positions of a similar nature which entail different salaries or salary scales.

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Energy initiative
29.-(1) Subject to the provisions of the remaining sections of this article, the Commission shall not proceed to fill any position unless and until it has received a written proposal for this purpose from the competent authority:

It is understood that, in the event that the service plan of the position provides for the determination of the required qualifications, the competent authority shall determine and explain the needs of the service that necessitated the selection of the specific qualifications:

It is further understood that, at the same time as the proposal to fill the position, the competent authority may also submit a proposal to fill a promotion position that will arise at the immediately lower level as a consequence of filling this position, in which case the first substantial time of meeting the qualifications for the position at the lower level will be considered the date of entry into force of the promotion to the position at the higher level.

(2) Subject to the provisions of article 33, the competent authority must submit a proposal for filling a position no later than four months from the day on which the position has been created or has become vacant.

(3) In the event of non-compliance by the competent authority with the provisions of subsection (2), the Commission shall proceed to fill the position without the proposal of the competent authority.

(4) A proposal by the competent authority to fill a position cannot be withdrawn.

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Methods of filling positions
30.-(1) A permanent position is filled either permanently or temporarily by secondment or by contract for a certain period of time or from month to month, as the Council of Ministers shall decide.

(2) A temporary position shall be filled either by the secondment of a permanent employee or by the appointment of a person under a contract for a certain period of time or from month to month, as decided by the Council of Ministers.

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Appointment requirements

No one shall be appointed to the public service except by-

(a) He is a citizen of the Republic or, provided that it is not a position involving direct or indirect participation in the exercise of public authority and the safeguarding of the general interests of the State, a citizen of a Member State;

(b) has reached the age of seventeen years and, provided that he is a citizen of the Republic, has fulfilled his military obligations or has been legally exempted from them:

It is understood that, if the person is a citizen of the Republic who has been legally exempted from his military obligations for health reasons, this person shall be referred by the Commission to a medical board, which shall decide whether he is medically fit for the position to which he will be appointed. The said medical board shall be appointed by the Minister of Health and shall consist of three members, whose specialty shall be determined by him:

It is further provided that a citizen of the Republic who has been legally exempted from his military obligations shall submit to the Commission a certificate of military status indicating all his military changes, the form and content of which shall be determined by the Minister of Defence, in accordance with article 63 of the National Guard Law, as amended or replaced from time to time;

(d) has not been convicted of a serious offence involving dishonesty or moral turpitude;

(e) has not been dismissed or his services have not been terminated in the past by the public service or any service or public law organization of the Republic or of the European Union or of any Member State for disciplinary misconduct;

(f) is certified by a government medical officer as being medically fit for this position, following a general medical examination:

It is understood that the Council of Ministers may allow in a special case, in order to serve the public interest, that a person who is not a citizen of the Republic or a member state submits an application for appointment in accordance with the provisions of this Law and, if selected, may be appointed-

(a) By contract for a certain period of time or

(b) on a permanent basis, if the person in question was employed in the public service under a contract for a period of not less than four years.

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Recommendation of Advisory Committees
32.-(1) Subject to the provisions of subsection (2), the following Advisory Committees are hereby established to advise the Commission in relation to the filling of vacant First Appointment or First Appointment and Promotion posts, excluding the cases of filling the posts of Heads of Departments:

(a) For the filling of vacant positions in a Ministry, in the General Directorate of Development, the Ministry of Finance and in the General Accounting Office of the Republic, a Committee is established:

(i) By the Director General of the Ministry or the General Directorate of Development, Ministry of Finance or the Accountant General of the Republic who will act as Chairman and

(ii) by four other officers, of whom three follow in order of hierarchy the General Director or the Accountant General, provided they serve in Cyprus, and one is selected by him and will be approved by the competent authority for the specific case.

(b) for the filling of vacant positions in a Department under a Ministry, a Committee is established by the Head of the relevant Department or Service, who will act as Chairman, and four other officers, of whom three follow the Head in order of hierarchy and one is selected by the Director General of the relevant Ministry and approved by the competent authority for the specific case:

It is understood that whenever it comes to filling positions whose holders are hierarchically immediately subordinate to the Head of the relevant Department, the Director General of the relevant Ministry shall act as Chairman of the Advisory Committee and the remaining members thereof, one of whom shall be the relevant Head, shall be selected by the Director General of the relevant Ministry and shall be approved by the competent authority for the specific case.

(c) for the filling of vacancies in the House of Representatives, in the Judicial Department, Independent Office or Service, a Committee shall be established:

(i) By the Head of the household who will act as Chairman and

(ii) by four other officers, of whom three follow in order of hierarchy the Head and one is selected by him for the specific case.

(d) for the filling of vacant positions for interchangeable personnel, a Committee is established:

(i) By the Director of the Department of Public Administration and Personnel who will act as Chairman and

(ii) from four other officials who will be selected by the Director General of the Ministry of Finance in agreement with the Head of the Department and approved by the Minister of Finance for the specific case:

It is understood that when it comes to filling a position with a salary scale immediately below that of the Director of the Department of Public Administration and Personnel, the Director General of the Ministry of Finance acts as Chairman of the Advisory Committee and the Director of the Public Administration and Personnel Service participates as one of the other four members.

(2) For the filling of vacant positions whose initial scale does not exceed scale A7 of the government salary scale, an Advisory Committee shall be established, following a decision of the competent authority, following the submission of a proposal by the Head of Department, either in accordance with the provisions of subsection (1), or by three officers who follow in order of hierarchy the Head of Department and two other officers who will be appointed by the competent authority, for the specific case, in which case the duties of Chairman shall be performed by the hierarchically superior or, if there is no such, by the most senior of the members.

(3) The members of the Advisory Committees must in all cases hold a position or rank hierarchically superior to the position to be filled:

It is understood that, in the event of a filling of the position of Public Prosecutor in the Legal Service of the Republic, the Advisory Committee shall consist of the Attorney General of the Republic, the Assistant Attorney General of the Republic and three officers, who shall be selected by the Attorney General of the Republic from among officers holding the position of either Public Prosecutor or Director General.

(4) When, due to the lack of suitable positions or due to an impediment, it is deemed necessary for members of an Advisory Committee to be selected from employees of another Ministry, Independent Office or Service to which the position to be filled does not belong, the selection shall be made after agreement with the competent authority supervising these employees.

(5) Three of the members of the Advisory Committee shall constitute a quorum.

(6) In the event of the absence or impediment of the President, the duties of President shall be performed by the hierarchically superior or, if there is no such superior, by the most senior of the members.

(7) No decision of the Advisory Committee shall be valid unless taken by three votes.

(8) Notwithstanding the provisions of article 20 of the General Principles of the Administrative Law Law, the legality of the establishment of any Advisory Committee and the validity of any act or work shall not be affected by the death, resignation, retirement, absence or other impediment of any of its members, at any stage of the proceedings before it, provided that the provisions of subsection (5) of this article are complied with:

It is understood that the provisions of this subsection also apply to the procedures for filling positions that are in progress.

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Procedure for filling First Appointment positions
33.-(1) Notwithstanding the provisions of article 29, within the first four months of each year, the Commission shall publish in the official gazette of the Republic, on the basis of the information provided to it by the competent authority, all First Appointment positions that are vacant or are expected to become vacant by the end of the year:

It is understood that, in the event that the service plan of the position provides for the determination of the required qualifications upon publication of the position, the competent authority shall determine and explain the needs of the service that necessitated the selection of the specific qualifications.

(2) The publication of the positions provides full details of the service plan and sets the deadline for submitting applications.

(3) After the expiry of the deadline for submitting applications, the Secretary of the Committee shall send as soon as possible to the Chairman of the competent Advisory Committee all applications submitted, the Personal Files and the Files of the Annual Service Reports of the candidates who are public servants and a copy of the announcement published in the official newspaper of the Republic.

(4) The Advisory Committee shall then meet within two weeks and shall ensure that the candidates are subjected to a written or oral examination or both, in accordance with the provisions of the relevant service plan. The results of the written examination, when it is decided to conduct such an examination, shall be published in the Official Gazette of the Republic:

It is understood that candidates for one position may undergo a joint written examination with candidates for other positions:

It is further understood that the Advisory Committee, at the time it takes the decision to conduct the written examination, may determine a pass rate for the written examination, in which case those who fail are excluded from the next stages of the procedure:

It is further understood that, in the event that the Advisory Committee decides to conduct both an oral and a written examination, it will also decide on the same date the weight it will give to each examination. The weight that will be given to the written examination may in no case be less than 80%.

(5) The Advisory Committee may assign to a Service or to officials or to a state university or to a private university the preparation of the topics and the grading of the papers of any written examination.

(6) Subsequently, the Advisory Committee, after taking into account the results of the written and/or oral examination of the candidates, depending on what has been conducted, the candidates’ qualifications in relation to the duties of the position, the content of the Personal Files and the Annual Service Reports of the candidates who are public servants, as well as the remaining details of the applications, prepares and sends to the Committee a reasoned report for all the candidates, as well as a preliminary list containing in alphabetical order the names of the most suitable candidates, hereinafter referred to as “the preliminary list”:

It is understood that the Advisory Committee completes its work within six months from the date of receipt of the applications and if this is not possible, it shall inform the Secretary of the Committee and state the reasons that led to the failure to comply with the six-month timeframe.

(7) The number of candidates included in the preliminary list, in the event that only a written examination has been conducted, will be three times the number of positions that have been published or created or vacated by the time of preparation of the preliminary list by the Advisory Committee, provided that there are suitable candidates and, in the event that only an oral examination or an oral and written examination has been conducted, the number of candidates included in the preliminary list will be four times.

(8) The Committee, after checking the preliminary list based on the elements referred to in subsections (6) and (7), shall draw up the list of the most suitable candidates, which shall be referred to hereinafter as “the final list”:

It is understood that the Committee may, by its reasoned decision, include in the final list candidates who are not included in the preliminary list.

(9) After the preparation of the final list, all the positions that have been published or any other positions with the same title that will be vacated or created by the end of the year will be filled by this:

It is understood that, in the event of a vacancy for any reason within three months from the date of its filling, the position that remains vacant shall be filled from the final list of candidates.

(10) The Committee, before making the final selection, shall invite the candidates included in the final list to an oral examination. During the oral examination of the candidates, the Committee may be assisted by an official or officials who, due to their specialist knowledge, are in a position to assist.

(11) The Committee, in the final selection and appointment of the best candidates, takes due account of the performance of the candidates during the oral examination and the elements referred to in subsection (6):

It is understood that the Committee may not select any of the candidates if, in its reasoned opinion, none of them is suitable for appointment.

(12) If the selection concerns a position that is not vacant on the day the relevant decision is taken, the decision shall take effect on the day on which the position becomes vacant, subject to the remaining provisions of this Law.

(13) The process of filling the positions, by virtue of the provisions of the above sections, may continue until April 30 of the following year, provided that the positions continue to be vacant on the day of their filling.

(14)(a) The Committee, with regard to the performance of the candidates during the oral examination before it, acts in accordance with the provisions of paragraph (b) of subsection (2) of article 5A.

(b) The general impression of the Advisory Committee regarding the performance of the candidates during the oral examination is recorded in the minutes kept by it and is justified.

(15) Subject to the provisions of article 31, no person shall be appointed to a First Appointment position unless he possesses the qualifications provided for in the service plan for that position at the expiry of the deadline for submitting applications and at the time the decision is taken.

1/1990218(I)/200496(I)/2006136(I)/2020113(I)/2022
Procedure for filling First Appointment and Promotion positions
34.-(1) Subject to the provisions of article 29 and without prejudice to the provisions of subsections (11), (12) and (14) of this article, every vacant First Appointment and Promotion position shall be published in the official gazette of the Republic.

(2) The publication of the position shall give full details of the service plan and shall specify the deadline for submitting applications.

It is understood that candidates for one position may undergo a joint written examination with candidates for other positions:

(5) The Advisory Committee may assign to a service or to officials or to a state university or to a private university the preparation of the topics and the grading of the papers of any written examination.

(6) Subsequently, the Advisory Committee, after taking into account the results of the written and/or oral examination of the candidates, depending on what has been conducted, the qualifications of the candidates in relation to the duties of the position, the content of the Personal Files and Annual Service Reports of the candidates who are public servants, as well as the remaining details of the applications, sends to the Committee a reasoned report for all the candidates and a list containing alphabetical order the names of the candidates recommended for selection:

It is understood that the Advisory Committee completes its work within six months from the date of receipt of the applications and if this is not possible, it informs the Secretary of the Committee and sets out the reasons that led to the failure to comply with the six-month timeframe.

(7) The number of candidates to be recommended by the Advisory Committee, in the event that only a written examination has been conducted, shall be three times the number of vacant positions that have been published or are to be filled under subsection (14), provided that there are suitable candidates, and, in the event that only an oral examination or an oral and written examination has been conducted, the number of candidates to be recommended by the Advisory Committee shall be four times the number.

(8) The Committee, before making the final selection, invites to an oral examination the candidates recommended by the Advisory Committee, as well as any other candidate who, in its reasoned opinion, should have been on the list of those recommended by the Advisory Committee:

It is understood that the provisions of this subsection also apply to the procedures for filling positions that are in progress on the date of entry into force of the Public Service (Amendment) Law (No. 3) of 2005.

(9) Subsequently, the Committee, after duly taking into account the report of the Advisory Committee, the content of all applications submitted, the content of the Personal Files and the Annual Service Reports of all candidates who are public servants, the recommendations of the Head of the relevant Department and the performance of the candidates during the oral examination, proceeds to select the most suitable candidate:

It is understood that, when it comes to filling the position of Head of Department, the recommendations are made by the Director General of the relevant Ministry:

It is further understood that the Committee may not select any of the candidates if, in its opinion, none of them is suitable for appointment or promotion.

(10)(a) The Committee, with regard to the performance of the candidates during the oral examination before it, acts in accordance with the provisions of paragraph (b) of subsection (2) of article 5A.

(b) The general impression of the Advisory Committee regarding the performance of the candidates during the oral examination is recorded in the minutes kept by it and is justified.

(11) A First Appointment and Promotion Position may be advertised, subject to the provisions of article 29, at any time within the six-month period before it is vacated, when its vacancy is expected due to retirement of its holder.

(12) A First Appointment and Promotion position may be published, subject to the provisions of article 29, at any time within the six-month period before it is vacated, when its vacated is expected because a procedure is underway for the filling of a higher Promotion position in the same branch or subdivision of the public service.

(13) Whenever a position is advertised under subsections (11) or (12) of this article, the position shall be filled in the case of subsection (11), when its holder is on leave of absence and in the case of subsection (12), when it becomes vacant.

(14) A First Appointment and Promotion position may be filled by the Commission without being advertised, when it becomes vacant or is created during the period during which a procedure is in progress for the filling of another position with the same title. In such a case, the position shall be deemed to have been advertised on the day on which the other position was advertised.

(15) No person shall be appointed or promoted to a position of First Appointment and Promotion, except in the following cases:

(a) He/She holds the qualifications provided for in the service plan for this position at the end of the application deadline and at the time the decision is taken.

(b) in the case of a candidate who is a public servant, satisfies the conditions of paragraph (c) of subsection (2) of article 35.

(16) In this article the term “branch” or “subdivision of the public service” has the same meaning as in article 28.

1/1990156(I)/2000105(I)/200596(I)/2006136(I)/2020113(I)/2022
Review procedure following a judgment of annulment of the Court of Justice
34A-(1) Notwithstanding the provisions of articles 33 and 34 and subject to the provisions of the following paragraphs of this article, in the event of annulment by the Court of a decision of the Commission by which the appointment or promotion of an employee to a First Appointment or First Appointment and Promotion position was decided, the Commission shall review the annulled decision on the basis of the legal and factual situation that prevailed at the time the annulled decision was taken and what has been decided in the annulling decision:

It is understood that in a case where, according to the annulment decision, the procedure before the Advisory Committee is flawed, then the Committee refers the matter to the Advisory Committee for reconsideration.

(2) Notwithstanding the provisions of subsection (1), if after the time of the annulled decision, the legal status changes, the new legal status shall be taken into account during the review, if it has retroactive effect.

(3) Subject to the provisions of subsection (4), when reviewing a annulled decision, the following shall be considered part of the actual status and the judgment reached by the Commission and the Advisory Committee during the oral examination that may have taken place before the annulled decision was issued shall be taken into account, regardless of whether, in the meantime, their composition has changed:

It is understood that if the reason for the cancellation concerns an earlier stage of the oral examination procedure, either before the Advisory Committee or before the Commission, in a manner that affects the judgment reached by the Advisory Committee or the Commission during the oral examination, as the case may be, then the judgment in question shall not be taken into account.

(4) Notwithstanding the provisions of subsections (1) and (3) and subject to the provisions of subsection (5), if, based on the decision of the Court, the judgment of the Committee or the Advisory Committee, as the case may be, regarding the performance of the candidates during the oral examination, has been deemed to be flawed, the Committee or the Advisory Committee, upon re-examination, may, by their reasoned decision, call the candidates to a new oral examination.

(5) The provisions of subsection (4) shall not apply if the defect concerns the reasoning of the judgment of the Committee or the Advisory Committee, as the case may be, and no change has occurred in their composition in the meantime. In such a case, the Committee or the Advisory Committee shall proceed to correct or supplement the defective reasoning on the basis of the notes taken by their members during the conduct of the oral examination.

(6) Subject to the provisions of subsection (7), when reviewing a cancelled decision, the following shall be considered part of the actual status and shall be taken into account: the recommendation of the Head of the relevant Department or, in the case of a Head of Department position, the Director General of the relevant Ministry, which he submitted to the Committee before the cancelled decision was issued, regardless of whether, in the meantime, the composition of the Committee has changed:

It is understood that if the reason for the cancellation concerns a stage prior to the recommendation, in a manner that affects the recommendation, then the recommendation is not taken into account and the Head or the General Manager, as the case may be, or if he has changed, the new Head or the new General Manager, is called upon again to submit a new recommendation, based on the actual status that existed at the time of the canceled decision.

(7) A recommendation that was deemed to be flawed or that was based on evidence that was deemed to be flawed is not taken into account and the Head of the relevant Department or the Director General of the relevant Ministry, as the case may be, or if he has changed, the new Head or the new Director General, is called upon to submit a new recommendation, based on the actual status at the time of the annulled decision:

It is understood that if the Committee’s judgment on the candidates’ performance during the oral examination was found by the Court to be flawed, this does not affect the legality of the recommendation of the Head or General Manager, which was based on his personal assessment of the candidates’ performance during the oral examination.

(7A) The annulment decision of the court does not affect the validity and legality of the written examination of the candidates that has been conducted within the framework of the procedure for issuing the annulled decision of the Commission, if the reasons for the annulment of the decision of the Commission do not concern the validity or legality of the written examination that has been conducted.

(8) The provisions of this article shall apply to any review procedure, regardless of the time when the decision that was annulled was taken.

96(I)/2006152(I)/20171(I)/2022
Procedure for filling Production positions
35.-(1) Subject to the provisions of article 29, a vacant Promotion position shall be filled without publication by the promotion of an employee serving in the immediately lower grade or position of the specific branch or subdivision of the public service.

(2) No public servant shall be promoted to another position, except-

(a) Is there a vacancy for such a position:

It is understood that in the case of combined positions, promotion may be made from the lower to the higher position or grade of the same position regardless of whether or not there is a vacancy in the higher position or grade and in accordance with a manner to be determined:

It is further understood that a Promotion position may be filled before it becomes vacant, when its holder is on retirement leave.

(b) holds the qualifications provided for in the service plan for the position at the time when the proposal for filling the position was received by the Commission and at the time when the decision is taken.

It is understood that no public servant shall be promoted to a position that entails direct or indirect participation in the exercise of public authority and in the safeguarding of the general interests of the state, unless he is a citizen of the Republic.

(3) The claims of employees for promotion are decided on the basis of merit, meritorious service and seniority.

(4) During the promotion, the Committee shall take due account of the content of the candidates’ Personal Files and Annual Service Report Files, reasoned recommendations of the Head of the Department in which the vacant position exists and the impression that the Committee obtained of the candidates during the oral examination, if it was held:

It is understood that, when it comes to filling the position of Head of Department, the recommendations are made by the Director General of the relevant Ministry.

(5) For the purposes of this article-

“branch or subdivision of the public service” has the same meaning as in article 28.

“combined positions” means two or more separate positions or two or more classes of the same position which have the same maximum number of positions.

1/1990156(I)/2000128(I)/20031(I)/2022
Procedure for filling Interdepartmental Promotion positions
35A.-(1) Subject to the provisions of section 29 and subsection (3) of this section, every Interdepartmental Promotion position that is vacant shall be published in the Official Gazette of the Republic.

(2) The publication of the position includes full details of the service plan and specifies the deadline for submitting applications.

(3) An Interdepartmental Promotion position may be filled by the Commission, without being advertised under subsection (1), when it becomes vacant or created during the period during which a procedure is underway for the filling of another position with the same title and the Interdepartmental Promotion position is deemed to have been advertised on the day on which the aforementioned other position was advertised.

(4) No person shall be promoted to an Interdepartmental Promotion position unless-

(a) possesses the qualifications provided for in the service plan for this position, both at the end of the application deadline and at the time the decision is taken to fill the position in question; and

(b) was not punished during the previous three (3) years for a serious disciplinary offense:

1(I)/2022
Special provisions for filling permanent positions
36.-(1) Notwithstanding any provision of this Law, no publication shall be made for any permanent post in any Ministry or Independent Office or Service, in a case in which an employee serves therein, following an option under article 30, either from month to month or by secondment to a permanent post under the same title, or to a temporary post under the same title, whereupon such post is filled by the Commission, after the procedures relevant to the approval of filling vacant posts have been complied with, with the appointment, promotion or secondment, as would be the case for an employee serving:

It is understood that when the number of vacant permanent posts is less than the number of officials serving either from month to month or on secondment in a permanent post under the same title or in a temporary post under the same title, these posts shall be filled by the Commission, after it has selected the most suitable among the officials serving, in accordance with the above.

(2) In the event of the creation of a permanent post by the abolition or replacement of a temporary post under the same title, the permanent post thus created shall be filled by the Commission, subject to the procedures relating to the approval of the filling of vacant posts under subsection (1).

1/1990
Permanent appointments and promotions
37.-(1) A permanent appointment or promotion shall be made by a written offer from the Commission to the person whom it selects for appointment or promotion, as the case may be, and a written acceptance by him.

(2) The offer shall state the remuneration and other conditions of service of the position and shall specify the date from which the appointment or promotion shall take effect.

(3) In the event that the person selected for appointment or promotion declares that he does not accept the offer made to him or, in the case of a person who is not a public servant, the report of the Government Medical Officer who examined him is not satisfactory, the matter shall be re-examined by the Committee which shall proceed to a new offer of appointment or promotion, as the case may be.

(4) Permanent appointments and promotions shall be published as soon as possible in the official gazette of the Republic, but no later than 45 days from the acceptance of the offer.

1/199096(I)/2006
Testing
38.-(1) A permanent appointment of a person who is not a permanent public servant shall be made on probation for a period of two years:

It is understood that the Commission may, in special cases and according to specified criteria, not require a probationary period or reduce it.

(2) The appointment of a probationary employee may be terminated at any time during the probationary period, but, before such termination takes place, notice of the intention to terminate must be given to the employee, stating the reasons and inviting him to make any representations he may wish to make against the termination of the appointment. Based on the representations that the Commission will examine, it may either terminate the appointment or extend the probationary period for a period of up to one more year, as the Commission will judge in each case. The provisions of this section apply to any probationary period that is extended:

It is understood that the total extension time of the probationary period may in no case exceed three years.

(3) Within one month of the expiry of the probationary period, the Commission shall decide whether the appointment of a probationary employee shall be confirmed, extended or terminated. If the appointment is confirmed or terminated, a relevant notice shall be published in the official gazette of the Republic.

1/1990
Appointment and service of public servants
39.-(1) The placement upon appointment of a person appointed to a non-replaceable position shall be carried out by the competent authority.

(2) The placement of a member of the interchangeable staff upon appointment is carried out by the head of the interchangeable staff department.

(3) The employee, upon appointment, may also be assigned to a diplomatic or other mission of the Republic abroad or to a service or organization of the European Union or to an international organization:

It is understood that the placement of an employee in a diplomatic or other mission of the Republic abroad or in a service or organization of the European Union or in an international organization may also be carried out for the purposes of training/education of the employee:

It is further understood that with regard to the length of service of the employee in a diplomatic or other mission of the Republic abroad, the provisions of the Foreign Service of the Republic (Special Provisions) Regulations shall apply.

(4) No person shall serve in a Department where his spouse, child, brother or sister serves, without the prior approval of the Council of Ministers.

1/199079(I)/200596(I)/2006
Contract appointments
40.-(1) Appointments by contract shall be made by a written contract containing the duration of the contract, the remuneration of the person appointed, and the other terms of the appointment.

(2) The duration of the contract, the remuneration and the other terms of appointment shall be decided by the competent authority in agreement with the Minister of Economy.

(3) Appointments by contract are published in the official gazette of the Republic.

1/1990
Month-to-month appointment
41.-(1) Appointment from month to month is made by a written offer from the Commission to the person selected for appointment and the written acceptance by him.

(2) The offer contains the salary and other terms of service.

(3) A month-to-month appointment may be terminated by one month’s written notice or by payment of one month’s salary in lieu of other notice.(3) A month-to-month appointment may be terminated by one month’s written notice or by payment of one month’s salary in lieu of other notice.

1/1990
Substitute appointments
42.-(1) When a position becomes vacant for any reason or the holder thereof is absent on leave or is unable to perform the duties of his position, another person may be appointed to act in his place under such conditions as may be determined.

(2) A replacement appointment is made upon recommendation by the competent authority.

1/1990
Supernumerary appointments and promotions
43.-(1) The Commission may, upon a proposal from the competent authority, proceed to a supernumerary appointment or promotion to a lower level position and salary in the same sector in one of the following cases:

(a) When a vacant position of a higher level and salary in the same sector cannot be filled due to the lack of a suitable candidate

(b) against a vacant Promotion position of a higher level and salary in the same sector which exists on the date of payment of the vacant position of a lower level and salary in the same sector.

(2) Any supernumerary appointment or promotion shall be made on a temporary basis and shall terminate as soon as possible after the position for which it was made has been filled:

It is understood that if there is a vacancy in the position to which the supernumerary appointment or promotion was made, he or she may continue until such vacancy is filled.

1/1990
Treatment of non-returns
44.-(1) Subject to the provisions of any other law, a disabled person who is a candidate for appointment to a position and possesses all the qualifications required by the service plan, shall be preferred, provided that the competent body for the selection is satisfied that-

(a) Possesses the abilities to perform the duties of the position

(b) does not lag behind, when compared with the other candidates in value and merit.

(2) The body responsible for the selection, when forming its judgment in relation to the applicant, may request and take into account the opinions of experts.

(3) For the purposes of this article-

“disabled person” means a person who suffers from birth or due to a post-natal event from partial or complete physical disability and his disability results from serious deformity or serious amputation of the upper or lower limbs or from myopathy, paraplegia, quadriplegia or from loss of vision in both eyes or from loss of hearing in both ears or from another serious cause which causes a substantial reduction in physical capacity and allows him to exercise only a limited range of economic professions.

1/1990
Reinstatement of employees whose promotion was cancelled
45.-(1) In a case where the promotion of an employee to a position is annulled following a decision of the Administrative Court, the Commission may, if during the review it does not decide on his new promotion to that position and provided that the conditions set out in subsection (2) are met, decide on his promotion or supernumerary promotion, depending on whether or not there is a vacant position, to a position to which he would reasonably have been promoted, if his promotion that was annulled had not taken place.

(2) The power of the Commission under subsection (1) shall be exercised only when it is satisfied that, having regard to the merit, merits and seniority of the employee and the number of vacancies which have been filled during the period between its decision and such annulment, the career of the employee has actually been affected.

(3) Notwithstanding any other provision in this Law, when the supernumerary promotion of an employee to a position is decided upon under subsection (1), the employee shall serve in that position with all the rights and benefits of the position until a vacancy occurs with the same title, at which time the employee shall occupy it by promotion to that position.

(4) When the promotion of an employee is decided under subsections (1) or (3), its effect shall commence from the day from which, in the opinion of the Commission, the promotion of the employee who was cancelled would have taken effect if it had not been decided.

1/199059(I)/2023
Remove position

Subject to the provisions of any other law, in the event of the abolition of a position, the holder thereof shall be deemed to continue to hold it together with all its privileges and benefits until the holder of the position thus abolished retires or is appointed or promoted either to a position created or to another position.

1/1990
Secondment
47.-(1) Secondment of an employee may be decided in any of the following cases-

(a) To fill a vacant position, following an election, pursuant to article 30

(b) when the supernumerary promotion of an employee is decided under article 43

(c) when there is a vacant position or service need and if, at the time of the decision, there is or is expected to be available personnel in similar positions or other positions which fall under the same or a different Ministry, Department, Branch or Service

(d) when the performance of duties is required to satisfy official needs in a Ministry, Department, Branch or Service

(e) in special cases when the performance of specific duties and responsibilities in a Ministry, Department, Sector or Service is required;

(f) for the performance of special duties in a diplomatic or other mission of the Republic abroad or in a service or organization of the European Union or in a service of a country of a member state of the European Union or in an international organization.

(2) With the exception of the case of paragraph (a) of subsection (1), the employee who is seconded shall continue to hold the position from which he is seconded, but shall be subject to the hierarchical administrative control of the Head of the Department to which he is seconded.

(3) The period of secondment of an employee to a vacant position under paragraph (a) of subsection (1) shall be counted as service in that position for all purposes of this Law.

(4) The secondment shall be decided by the Commission upon recommendation of the competent authority and, when the secondment entails the removal of the employee from a Ministry or Independent Office or Service or his employment abroad pursuant to paragraph (f) of subsection (1), in another Ministry or Independent Office or Service, the matter shall be submitted to the Commission by the Minister of Finance together with his views, as well as with the views of the two competent authorities:

It is understood that when the secondment of an employee is to a service or organization of the European Union or to a service of a country of a Member State of the European Union or to an international organization, the matter is submitted to the Committee by the Minister of Finance together with his views, as well as the views of the competent authority of the employee to be seconded.

(5) Paragraph (c) of subsection (1) shall apply only in cases where the positions held by the employees who are to be seconded belong to the entry grades of personnel in the public service.

(6) Secondments under paragraphs (c), (d), (e) and (f) of subsection (1) may have a duration of up to three (3) years and may be renewed:

It is understood that the period of secondment of an employee to a diplomatic or other mission of the Republic abroad pursuant to paragraph (f) of subsection (1) may not exceed the period of time specified in the Foreign Service of the Republic (Special Provisions) Regulations, as amended or replaced from time to time.

(7) The postings are published in the official gazette of the Republic.

(8) For the purposes of this article-

“entry level of a civil servant” means the lowest position in a branch or subdivision of the civil service and the term “branch or subdivision of the civil service” has the same meaning as in article 28.

1/199079(I)/200578(I)/2013
Transfer and movement of employees
48.-(1)For the purposes of this article-

“transfer” means the transfer of an employee which entails a change of residence and includes transfer to a diplomatic or other mission of the Republic abroad or to a service or agency of the European Union or to an international organization:

It is understood that with regard to the length of service of the employee in a diplomatic or other mission of the Republic abroad, the provisions of the Foreign Service of the Republic (Special Provisions) Regulations apply.

“transfer” means the displacement of an employee which does not entail a change of residence.

(2) Transfers of officials shall be carried out by the Commission following a duly justified proposal from the competent authority.

(3) The transfers of employees are carried out by the Head of the relevant Department by a duly justified decision:

It is understood that the movements of members of interchangeable staff who are assigned to a Ministry, including its Departments, are carried out within the same Ministry, including its Departments, by the relevant Director General with a duly justified decision that is notified to the Director of the Department of Public Administration and Personnel:

It is further understood that the Minister of Finance may transfer members of the interchangeable staff who are assigned to a Ministry, including its Departments, to another Ministry or Department subordinate to it, following a duly justified recommendation by the Director of the Department of Public Administration and Personnel, which includes the views of the General Directors of the affected Ministries.

(4) In exceptional cases of urgency, the competent authority may proceed to a temporary transfer for a period not exceeding three months:

It is understood that more than one such transfer of the same employee may not be carried out within the same period.

1/199079(I)/2005194(I)/201121(I)/2014
Assignment of tasks
48A.-(1) Notwithstanding any other provision of this Law, the Director General of a Ministry or, in the case of an Independent Office or Service, the relevant Head of Department, may, by his duly justified decision, proceed to assign duties to an employee who holds a non-replaceable position in the Ministry and in a Department of the Ministry or in the Independent Office or Service, respectively, when there is a vacancy or service need and provided that at the time of the decision there is or is expected to be available personnel in similar positions or other positions, which fall under the Ministry and in a Department of the Ministry or in the Independent Office or Service, as the case may be:

It is understood that the assignment of duties under this subsection may not entail a change in the employee’s place of residence.

(2) The selection of the employee to whom duties will be assigned pursuant to subsection (1) shall be made on the basis of seniority, with the employee with the least seniority being selected for assignment first:

It is understood that the said employee has the necessary qualifications to perform the duties assigned to him.

(3) The assignment of duties under this article applies only to employees holding positions in the civil service entry grades.

(4) The assignment of duties under this article shall be valid for a period of up to three (3) years and may be renewed.

(5) An employee to whom duties are assigned under this article shall continue to hold the position to which he was appointed, but shall be subject to the hierarchical administrative control of the Head of the Department to which he has been assigned duties.

(6) Each act of assignment of duties carried out under this article shall be recorded in a nominal list with information on the position of the employee, the duties assigned to him and the service need it covers, as well as the period of the assignment, and a copy of the list shall be forwarded at the end of each year to the Department of Public Administration and Personnel.

(7) For the purposes of this article, the term “grade of admission of personnel to the public service” has the same meaning ascribed to this term by article 47 of this Law.

194(I)/201178(I)/2013
Seniority of employees
49.-(1) Seniority among employees holding the same permanent position or grade of the same position, whether permanently or temporarily or from month to month or by secondment or by contract, shall be assessed on the basis of the date of effect of their appointment, promotion or secondment to the specific position or grade, as the case may be, regardless of the manner of its holding.

(2) In the event of simultaneous appointment, promotion or secondment to the specific position or grade of the same position, seniority is assessed according to the previous seniority of the employees.

(3) Seniority between employees holding different positions with the same salary conditions is judged according to the dates of effectiveness of their appointments, promotions or secondments to their current positions, regardless of the manner of their holding, or, if the dates are the same, according to their previous seniority.

(4) Seniority among employees holding positions with different salary conditions is assessed in accordance with the salary conditions of the respective positions.

(5) The seniority of employees holding the same position or grade of the same position or different positions with the same salary conditions, the salary and title of which or whose changed as a result of a salary review or reorganization, shall be assessed in accordance with the seniority of the employees immediately prior to such review or reorganization.

(6) The seniority of an employee who was reappointed to the same position or grade of the same position after a break in service shall be assessed, subject to the remaining provisions of this article and the provisions of any other law, based on the effective date of his re-appointment.

(7) In the article itself-

“salary terms” in relation to certain positions means the fixed salary of the positions or, in the case of salary scales, the highest point of the scales and in the case of scales of the same highest point, the lowest point of the scales, and in the case of combined salary scales of a position or grade of a position, the highest point of the highest scale of each position or grade and in the case of scales of the same highest point, the lowest point of the lowest scale of each position or grade

“previous seniority” means the seniority of the employees in the position or grade held by them immediately before holding their present position or grade and if such seniority is the same, the previous seniority shall be assessed by the same method, after being applied retroactively to the first appointments of the employees in the public service. In the event that the seniority in the first appointments is the same, the previous seniority shall be assessed on the basis of the age of the employees

“class of the same position” means a class of a position which is combined with another class in the same position, and which classes have the same maximum number of positions.

1/1990
Service Reports
50.-(1) Subject to the provisions of subsection (2), Annual Service Reports shall be prepared and submitted to the Commission for all employees in the prescribed manner and at the prescribed time.

(2) Service reports shall be submitted to the Commission every six months for each official serving on probation or in a temporary position during the first two years of his service. The final report shall be submitted immediately after the end of the probationary period and shall include a final recommendation as to whether the appointment of the official should be confirmed or his probationary period should be extended or his appointment should be terminated.

(3) Service Reports are prepared, where possible, by a three-member evaluation team and are communicated after their preparation to the employees concerned.

(4) A person who is the spouse or a relative by blood or consanguinity up to the fourth degree of affinity of an employee shall not participate in the evaluation of:

It is understood that if due to the impediment of kinship it is not possible to draw up a Service Report for an employee, the provisions of this section do not apply. In such a case, the existence of the kinship is noted in the Service Report.

(5) No adverse Service Report shall be drawn up against an employee before he has been given the opportunity to be heard and to submit his representations.

(6) After any prosecution, the lawyer of any person who has a legitimate interest in prosecuting the prosecution is entitled to inspect the Files of his own Annual Service Reports and those of the person or persons prosecuted.

1/19901(I)/2022
Training

Series of training courses and other facilities may be arranged with a view to improving the ability of employees in the performance of their duties and the acquisition by them of the qualifications required for advancement in the service, and employees may be required to attend such courses and to sit for examinations.

1/1990
Resignation
52.-(1) Subject to the provisions of any other law or any other provision having legislative force, no employee may resign from his position without the prior permission of the Commission.

(2) An employee who resigns from his position without the prior permission of the Commission is considered absent from duty without permission and is subject to disciplinary action.

1/1990
Decommissioning
53.-(1) Subject to the provisions of subsection (5) and notwithstanding the provisions of any other law, the Commission has the power to decide on the retirement of a permanent pensionable employee from the public service in the following cases:

(a) When the employee reaches the mandatory retirement age

(b) when an employee who has reached the age of fifty-five years is required to retire

(d) for health reasons

(e) due to the bankruptcy of the employee, as provided for in the provisions of article 68

(f) when retirement is made in order for the employee to take up a public function incompatible with the position he holds or to be appointed to a public law organization or local administration authority

(g) in the event of undue incapacity or unsuitability of the employee

(h) as a disciplinary penalty, in accordance with the provisions of this Law.

(2) The Commission shall decide on the retirement of an employee upon a proposal from the competent authority, which shall be binding on it in the cases of paragraphs (a) and (f) of subsection (1), as well as in the cases of paragraph (c) of subsection (1), in the case of an employee serving on 30 June 2005 and submitting an application for retirement upon reaching the age of sixty or at any later time.

(3) In the cases of paragraphs (c) and (f) of subsection (1), the competent authority, before submitting its proposal to the Public Service Commission, shall ensure that-

(a) The employee has no financial obligations to the state, or if he does, he will repay them, and

(b) there is no disciplinary or criminal case pending against him.

(4) The decision to retire an employee, in accordance with paragraphs (b) and (g) of subsection (1), shall be taken after the employee has been given the opportunity to be heard.

(5) Subject to the provisions of the above sections, the retirement of permanent pensionable employees is governed by the provisions of the Pensions Law or any law amending or replacing it and any regulations issued thereunder.

(6) Subject to the provisions of subsection (3) of article 41, temporary employees who are paid by the month shall retire upon reaching the age of sixty years.

1/199027(I)/199460(I)/199668(I)/2005
Age of civil servants

The age of a public servant is proven by evidence determined by the Council of Ministers.

1/1990
PART V EMPLOYEE BENEFITS
Employee benefits
55.-(1) The remuneration of an employee includes the salary paid to him based on the salary scale or the fixed salary of his position, as provided for in the Budget, as well as any general salary increase and the indexation allowance.

(2) Without prejudice to subsection (1), an employee shall also be granted allowances, compensations and other financial benefits, as determined.

1/199079(I)/2005
Retirement benefits
56.-(1) The retirement benefits of permanent pensionable employees are those determined by the Pensions Law or any other law amending or replacing it and any regulations issued thereunder.

(2) The retirement benefits of a permanent civil servant, who does not belong to the permanent public service and does not serve under a contract, are determined by regulations issued under this Law.

1/1990
Permission

Each employee is granted the specified leaves.

1/1990
Medical care

Every employee is entitled to medical care, as determined.

1/1990
Costumes

Holders of certain public positions who are entitled to free uniforms, as will be determined, shall wear them during the performance of their duties.

1/1990
PART VI DUTIES, OBLIGATIONS AND RIGHTS OF PUBLIC EMPLOYEES
Fundamental duties of public servants
60.-(1) Public servants-

(a) They serve the entire people, owe loyalty to the Constitution and the laws and devotion to the State.

(b) they are executors of the will of the State.

(2) Every public servant shall-

(a) To always exercise his duties impartially, impartially and fairly and solely on the basis of objective criteria and to make every possible effort to promote the smooth functioning of the State and the public service.

(b) not to undertake, either individually or as a member of a collective body, the resolution of an issue and not to participate in the issuance of acts, if he or a person with whom he has a special relationship or is related by blood or by consanguinity up to the fourth degree has a manifest interest. Employees who are related to each other up to the fourth degree by blood or by consanguinity are not permitted to participate in the same meeting of a collective body:

It is understood that it is not permitted to exclude so many members from the meeting of a collective body that the remaining members cannot form a quorum.

(d) to comply with the legislative provisions and the administrative instructions and circular orders in accordance with them, which concern the public service, as well as with the instructions of his hierarchical superiors, while at the same time he is responsible for the execution of his duties and the legality of his official actions:

It is understood that in the case where the order is manifestly illegal, the employee must not execute it and must immediately report it to his/her superior. If the superior, based on an opinion of the Attorney General of the Republic, insists on executing the order, the employee must comply.

(e) not to act or omit or behave in a manner that is likely to discredit the reputation of the public service in general or his position in particular or that is likely to undermine public confidence in the public service.

(f) to behave with decency, courtesy and honesty.

(3) The duties of a public servant are the usual duties of his position, as set out in his service plan, as well as any other related duties that may be assigned to him.

The employee has the right to perform his duties.

1/1990
Absence without permission

A public servant who is absent from duty without leave or who wilfully refuses or fails to perform his duties is subject to disciplinary action.

1/1990
Freedom of expression
62.-(1) Subject to the provisions of subsection (2), public servants are free to express, either privately or publicly, by speeches, lectures, announcements, studies or articles, their opinion on matters relating to science, art, religion or on matters of general interest.

(2) Public servants may not publish or broadcast by television, radio or other media any material relating to the exercise of their duties without the prior permission of the competent authority.

(3) No public servant shall be allowed to be paid for any publication or broadcast without the permission of the competent authority.

1/1990
Trade union right

Trade union freedom and the unhindered exercise of the rights related thereto are guaranteed to employees.

1/1990
Work environment

Employees have the right to be guaranteed health and safety conditions in their workplace.

1/1990
Private employment and interests in companies
65.-(1) The public servant is obliged to offer his work at any time, if the needs of the service so require.

(2) A public servant shall not be permitted to practice any profession or occupation or to engage in any work or business other than his work in the public service:

It is understood that, in exceptional cases and upon the recommendation of the competent authority, the Minister of Labour, Welfare and Social Insurance may grant permission to a public servant for part-time private employment or employment, upon his application, in accordance with terms and conditions determined by the Council of Ministers, provided that this is deemed not to affect the performance of the applicant’s duties as a public servant:

It is further understood that terms and conditions determined by the Council of Ministers bind the employee upon submission of the application for obtaining a permit for part-time private employment or recruitment, as well as the competent authority upon examination of the submitted application:

It is further understood that, for the purposes of this subsection, in the case of a member of the interchangeable staff or an employee serving on secondment, the term “competent authority” means the Ministry or Independent Office or Service where such person serves:

It is further provided that, in the event that, during the validity of an employee’s permit for part-time private employment or recruitment, it is established either by the employee or by the competent authority that any condition determined by the Council of Ministers is being violated, the permit shall be terminated.

(2A) The Minister of Labour, Welfare and Social Insurance shall submit to the Parliamentary Committee on Finance and Budget, in January of each year, a written report regarding all private employment or employment permits granted to public servants during the previous year, together with a full statement of the reasons on which the decision was based.

(3) A public servant is not permitted to:

(a) To participate in the management of any non-public company or partnership or other enterprise of a private nature;

(b) to hold shares or other interest in any non-public company or partnership or other enterprise of a private nature,

except after permission from the Minister of Finance, which may be granted on such terms as the Minister may determine, provided that the granting of such permission is not incompatible with the performance of the duties of the employee;

It is understood that a public employee is not permitted to participate in the management of any public company.

(4) Notwithstanding the provisions of subsection (3), the Minister of Finance shall grant a public servant the leave, as provided for in subsection (3), in the following cases:

(a) When the granting of the permit serves the public interest

(b) when the employee’s interest in the company, partnership or private enterprise arose from hereditary succession and the ownership of the shares will not affect him in the performance of his duties.

(5) The public servant is entitled to acquire shares of public companies, the number of which shall not exceed the percentage of the share capital determined by the Minister of Economy:

It is understood that a public servant may not hold shares in a public company that give him the right to control or manage it.

(6) Every employee shall, after his appointment to the public service and thereafter each year, declare to the Minister of Finance details of any investment or interest he may have in any company or partnership or private enterprise, the operations of which are directly or indirectly related to his duties.

1/1990148(I)/2017151(I)/2017
Acquisition of property, etc.
66.-(1) A public servant shall not be permitted to acquire directly or indirectly any movable or immovable property by taking advantage of his position or to hold such property when his interest therein conflicts with his public duties.

(2) The employee is required to submit in March of every third year a declaration of any changes in the circumstances of himself, his spouse and children who are protected and supported by him. The first declaration shall be submitted in March of the year following the entry into force of this law. If there are no changes, a negative declaration shall be submitted. The competent authority may, by reasoned decision, request the submission of a declaration and, in doing so, provide a reasonable deadline for its submission. It may also request clarifications on the information submitted and verify the accuracy of the employee’s declaration. The finding of inaccuracy in the declaration of material information by the employee shall entail disciplinary action against him.

(3) If reasonable suspicion arises regarding a public official as to the source of his financial resources, an investigation may be conducted in the prescribed manner to ascertain the origin of such resources. If the investigation establishes that the public official acquired such resources under circumstances constituting a criminal or disciplinary offence, the competent authority shall take appropriate measures.

1/1990
Official information, testimony and documents
67.-(1) Any written or oral information that comes to the knowledge of a public servant during the performance of his duties is confidential and is prohibited from being communicated to any person, except for the necessary performance of official duties or upon express order of the competent authority.

(2) Subject to the provisions of any other law, when a public official is summoned to give evidence on a matter relating to the performance of his duties or to produce an official document in his custody, the official shall refer the matter to the competent authority for a decision to be taken as to the extent to which such evidence or the production of the requested document is in the public interest, whereupon the competent authority, after consulting the Attorney General of the Republic, shall decide accordingly on the matter.

(3) No employee is permitted to give technical or scientific advice to any person without the permission of the competent authority, except for the performance of official duties.

1/1990
Bankruptcy
68.-(1) An employee against whom bankruptcy proceedings have been initiated shall immediately inform the Head of his Department thereof.

(2) The competent authority, as soon as he is declared bankrupt or as soon as a receivership order is issued against him or as soon as a compromise is reached with his creditors, shall inform the Commission thereof and shall simultaneously send a report stating the extent of the employee’s debts and the reasons that caused them, and the Commission shall decide whether there are reasons of public interest to place the employee on temporary leave.

(3) The Commission shall then deal with the matter as soon as possible and on the basis of the proceedings before the court or after an examination of the facts and, after hearing the employee, shall decide on his compulsory retirement, unless it is satisfied that his financial difficulties were caused by unavoidable misfortune and were not due to waste or inexcusable imprudence or there are mitigating circumstances for the employee, in which case, in the event that the employee has been placed on temporary leave, he shall be reinstated in his position.

(4) During the period of the employee’s availability, all his powers, privileges and benefits are suspended:

It is understood that the Commission allows the employee to receive part of the remuneration of his position, not less than half, as the Commission may determine.

(5) In the event that the Commission has placed the employee on temporary leave and decides to reinstate him in his position in accordance with subsection (3), his temporary leave shall be terminated and the employee shall be entitled to the full amount of the remuneration which he would have received if he had not been placed on temporary leave.

(6) If the Commission decides on the compulsory retirement of the employee from the public service, the provisions of subsection (6) of article 79 shall apply, mutatis mutandis.

1/199096(I)/2006
Gifts and bribes
69.-(1) No public servant shall be permitted to directly or indirectly receive or give any gifts consisting of money, other goods, free travel or other personal benefits, except for customary gifts from or to personal friends:

It is understood that, upon retirement from service, a public servant may accept a gift in accordance with the prescribed manner:

It is further understood that this provision may be relaxed by the Council of Ministers in certain cases or in any special case where the Council of Ministers considers that it would be undesirable or contrary to the public interest to reject the gift.

(2) In a case where it would be undesirable for the public interest to reject a gift, the public servant may accept it, but shall immediately report the fact to the Head of his Department and the gift shall be disposed of in accordance with the prescribed manner.

(3) The public servant shall report to the Head of his Department any offer of a gift made to him in violation of the provisions of this article and the gift shall be disposed of in accordance with the prescribed manner.

(4) If a gift, monetary or otherwise, is offered or given to an employee in exchange for a service rendered or to be rendered by him in his official capacity, the employee must immediately inform the Head of his Department.

1/1990
Obligation to report acts of corruption or bribery to the relevant competent authority
69A. An employee who, during the performance of his duties, discovers or has reasonable cause to believe that an act of corruption or bribery has been committed by another employee, during the performance of his duties, must report this in writing to the relevant competent authority to which he is subject, providing all the necessary evidence to support his claim.

183(I)/2003
Civil liability for loss or damage
70.-(1) A public servant shall be liable to the Republic for any loss or damage caused by his reckless, reckless or dangerous act or omission in the performance of his duties and may be held liable for all or part of the loss or damage so caused, if so decided by the Minister of Finance, after receiving the opinions of the Attorney General of the Republic and the Auditor General.

(2) The public servant is also liable to the Republic for the compensation which the Republic paid to third parties for reckless, reckless or dangerous acts or omissions of the servant during the performance of his duties.

(3) The claim of the Republic for compensation against the employees in the cases of the above sections shall be time-barred after three years. In the cases of section (1) the three-year period shall begin after the damage occurred and in the cases of section (2) after the State has paid the compensation.

1/1990
Civil rights of public servants

Every public servant may exercise his political rights in the manner specified in the Political Rights of Public Servants, Educational Officers, Municipal Servants, Community Servants and Employees of Legal Entities of Public Law Law of 2015.

1/199071/1991211/1991100(I)/2015
Working time of public servants
72.-(1) Subject to the remaining provisions of this article, the working time of public servants for each week shall be divided into five working days, from Monday to Friday, in a manner to be determined:

(2) Exceptions may be established from the application of the five-day working week by service, branch, specialty, field of work, time and region, if this is required by their working conditions, the type and form of the service or work.

(3) The remaining terms of application and operation of the five-day working week will be determined.

1/1990
PART VII DISCIPLINARY CODE
Disciplinary offenses
73.-(1) A public servant is subject to disciplinary action:

(a) If he commits an offense involving a lack of honesty or moral turpitude .

(b) if he acts or omits anything in a manner that amounts to a breach of any of the duties or obligations of a public servant .

(2) For the purposes of this section-

(a) the terms “sexual harassment” and “harassment” have the meaning attributed to them by the provisions of article 2 of the Equal Treatment of Men and Women in Employment and Vocational Training Law; and

(b) the term “duties or obligations of a public servant” includes any duty or obligation imposed on a public servant by virtue of the provisions of this Law or any other Law or by virtue of the provisions of any Regulations or by virtue of any administrative act issued by virtue thereof or any order or directive issued.

1/199064(I)/2023
Competent authority for the purposes of Part VII and the First and Second Schedules
73A. For the purposes of Part VII and the First and Second Schedules, “competent authority” means, in the case of a member of interchangeable staff or an employee serving on secondment, the Ministry, Deputy Ministry or Independent Office or Service, where the employee serves.

19(I)/2024
No public servant shall be prosecuted twice for the same offense.

Disciplinary proceedings may not be brought against a public servant for the same disciplinary offence for which he has already been found guilty or for which he has been acquitted.

1/1990
Only one disciplinary penalty for each disciplinary offense

For the same disciplinary offense, no more than one disciplinary penalty shall be imposed:

It is understood that a reprimand or severe reprimand may be imposed together with any penalty specified in paragraphs (c), (d), (e) or (f) of subsection (1) of article 79.

1/1990
Termination of disciplinary liability

An employee who has terminated his/her civil service status in any way shall not be subject to disciplinary action, however, any disciplinary proceedings that may have been initiated shall continue even after the termination of the civil service relationship, with the exception of the case of death.

1/1990
Criminal prosecution

If criminal proceedings are brought against a public servant, no disciplinary proceedings may be brought or continued against him for reasons related to the criminal proceedings, until they have been finally concluded.

1/1990
Disciplinary prosecution following criminal prosecution

An employee who has been prosecuted for a criminal offense and has not been found guilty may not be subject to disciplinary action for the same charge, but may be prosecuted for a disciplinary offense arising from his conduct, which is related to the criminal case, but does not raise the same issue in dispute as that of the charge during the criminal prosecution.

1/1990
Disciplinary penalties
79.-(1) The following disciplinary penalties may be imposed under the provisions of this Law:

(a) Reprimand

(b) severe reprimand

(d) cessation of annual increment

(e) annual increment deferral

(f) a fine not exceeding three months’ wages

(g) demotion in the salary scale

(h) demotion to a lower position

(i) compulsory retirement and

(j) dismissal.

(2) The reprimand is given verbally and is noted in the employee’s Personal File.

(3) A severe reprimand is issued in writing and a copy of the relevant decision is served on the employee and recorded in the employee’s Personal File.

(4) Suspension of an increment means the non-payment for a certain period of time of an increment that would otherwise be paid without changing the increment date.

(5) Deferral of an increment means deferral of the date on which the next increment is payable, with corresponding deferrals in subsequent years.

(6) In the event of compulsory retirement from a pensionable position, the issue of retirement benefits is submitted by the Minister of Finance to the Council of Ministers, which decides on the retirement benefits to be granted as well as the time of commencement of their payment, taking into account the circumstances of the case:

It is understood that the retirement benefits granted will not be less than those that would be granted to the employee if the penalty of dismissal were imposed on him.

(7) Dismissal entails loss of all retirement benefits:

It is understood that the spouse and dependent children, if any, of an employee who has been dismissed shall be paid a pension, as if he had died on the date of his dismissal, which shall be calculated on the basis of his actual years of service.

(8) When the disciplinary penalty of dismissal or compulsory retirement or demotion to a lower position is imposed on an employee, this fact is published in the official gazette of the Republic.

1/1990109(I)/199696(I)/2006
Erasure of disciplinary penalties
80.-(1) The penalty of reprimand after three years from its imposition, of severe reprimand after five years and the other penalties, except for the penalties of compulsory retirement and dismissal, after ten years from their imposition, shall be deleted.

(2) The penalties that are deleted are removed from the employee’s Personal File and are no longer permitted to be used as evidence of his/her judgment.

1/1990
Taking disciplinary measures. Investigation into the commission of disciplinary offenses and their trial
81.-(1) The Commission shall not take disciplinary measures against any public servant, except upon a written proposal from the competent authority.

(2) If it is reported to the competent authority or if it comes to its attention that a public servant may have committed a disciplinary offence, the competent authority must immediately ensure that:

(a) If the offence is one of those listed in Part I of the First Schedule, an internal investigation shall be conducted in a manner that it shall determine and shall act as provided in article 82:

It is understood that if the competent authority believes that, due to the seriousness of the misconduct or due to the circumstances under which it was committed, it should entail a more serious penalty, it may refer the matter to the Commission, but in such a case it shall act pursuant to paragraph (b) .

(b) in any other case, an investigation shall be conducted as specified in the Regulations set out in Part I of the Second Schedule and shall proceed as provided in article 83.

(3) In each Ministry and Independent Office or Service, with the exception of the Office of the Commission, a list shall be drawn up of employees who may be designated as investigating officers for the investigation of disciplinary offences based on the Regulations provided for in Part I of the Second Schedule, which shall consist of at least four (4) employees of as different hierarchical levels as possible, serving in a position with salary scale A8 and above of the government salary scale, as applicable on the date of entry into force of this Law, who receive appropriate training for the purpose of assuming the duties of an investigating officer:

It is understood that, in the case of an Independent Office or Service, the number of employees included in the specific list may be less:

It is further understood that the list of investigating officers of each Ministry and Independent Office or Service is sent to the Department of Public Administration and Personnel, which transmits all relevant lists collectively to the Secretariat of the Council of Ministers.

1/19901(I)/2022113(I)/2022
Power of the competent authority to adjudicate certain offenses summarily
82.-(1) The competent authority has the power to try summarily any disciplinary offences listed in Part I of the First Schedule and to impose any of the penalties listed in Part II of this Schedule.

(2) When, during the internal investigation conducted in accordance with paragraph (a) of subsection (2) of section 81, the competent authority considers that a disciplinary offence has been committed which can be tried summarily, then the employee concerned shall be provided with copies of the witness statements and any other relevant documents in existence, as well as the opportunity to be heard.

(3) After hearing the employee concerned, the competent authority may impose on him any of the penalties listed in Part II of the First Schedule, after having previously heard him on the assessment of the penalty.

(4) Without prejudice to the general power of the competent authority to delegate powers, the competent authority may delegate any of its powers under this section to any officer who is of a higher rank than the employee concerned.

1/199019(I)/2024
Procedure before the Commission
83.-(1) When the investigation pursuant to paragraph (b) of subsection (2) of article 81 is completed and the commission of a disciplinary offence is revealed, the competent authority shall immediately refer the matter to the Commission and send to it:

(a) The report on the research

(b) the category to be assigned, signed by the competent authority and

(2) Disciplinary proceedings before the Commission shall commence with the formulation of the charge sent by the competent authority, as provided in subsection (I). Within a period which may be fixed and until such period is fixed within two weeks from the date of receipt of the charge by it, the Commission shall cause a summons to be issued and served on the disciplinary officer, in the prescribed form and manner:

It is understood that, until the form and manner of performance of the call are determined, the form of call set out in Part II of the Second Schedule may be used and the manner of performance provided therein may be followed.

(3) The employee who is subject to disciplinary action has the right to know the case against him.

(4) The employee who is subject to disciplinary action shall be provided with copies of the witness statements and any other relevant documents.

(5) The hearing of the case before the Commission shall be conducted and completed in accordance with the prescribed manner:

It is understood that, until Regulations are issued in this regard, the Regulations in Part III of the Second Schedule shall apply.

(6) An employee who is subject to disciplinary action shall be given the opportunity to be heard both before the finding of guilt and before the imposition of the penalty.

(7) In any proceedings before the Commission, in accordance with this Part, the employee may be represented by a lawyer of his choice.

1/1990
Conviction for certain offenses
84.-(1) When a public servant is convicted of an offence involving dishonesty or moral turpitude, whether the conviction is confirmed on appeal or no appeal is lodged, the Commission shall, as soon as possible, receive a copy of the minutes of the proceedings of the court which tried the case and of the court to which any appeal was lodged.

(2) Within a period to be determined, and until such period is determined within two weeks of receiving the copy of the minutes of the proceedings referred to in subsection (1), the Commission shall request the views of the Attorney General of the Republic on the extent to which the offence involves a lack of honesty or moral turpitude. The Attorney General of the Republic shall decide on this matter expeditiously and in the event of an affirmative vote, the Commission, without further investigation of the case and after giving the interested official the opportunity to be heard, shall proceed to impose the disciplinary penalty which the circumstances would justify.

(3) [Deleted]

1/1990107(I)/2008
Availability
85.-(1) If an investigation into a disciplinary offence is ordered, under the provisions of paragraph (b) of article 81, against an employee or upon the commencement of a police investigation with a view to criminal prosecution against him, the Commission may, if the public interest so requires, suspend the employee during the investigation and in such a case it shall act under subsection (1A), except in exceptional cases where it shall act under subsection (1B):

It is understood that the duration of the availability to which the employee is placed during the investigation may not exceed three months, but may be extended, if a serious reason arises, for another three months.

(1A) If the Commission intends to place the employee on temporary leave, it shall inform him of its intention and at the same time invite him, if he so wishes, to submit, within four working days, written representations and after studying them, if they are submitted, it shall immediately decide whether or not to place the employee on temporary leave.

(1B) (a) Notwithstanding the provisions of section 43 of the General Principles of the Administrative Law Law of 1999, the Commission may, in exceptional cases, in order to ensure that the smooth conduct of the investigation will not be affected in any way, immediately suspend the employee under subsection (1), without taking the actions referred to in subsection (1A), at the same time granting the employee the right to submit, if he so wishes, no later than four working days from the date of service of its decision, a written objection to its decision to suspend him.

(b) In the event that an objection is submitted pursuant to paragraph (a), the Commission, after studying the reasons contained therein, shall immediately decide whether to order the continuation or termination of the availability and if the Commission terminates the availability of the employee, he shall regain, from the date of commencement of the availability, all the powers and benefits suspended pursuant to subsection (3) of this article.

(2) If, after the end of the investigation, a decision is made to prosecute the employee criminally or disciplinary-wise, the Commission may, if the public interest so requires, suspend the employee until the final completion of the case, applying the provisions of subsection (1A).

(2A) In the event that the Commission intends to extend the availability of an employee, four days before its expiry, it shall act by applying the provisions of subsection (1A) mutatis mutandis.

(3) Notice of layoff shall be given in writing to the employee as soon as possible. The employee’s privileges, privileges and benefits shall be suspended during the period of layoff:

It is understood that the Commission allows the employee to receive part of the remuneration of his position, not less than half, as the Commission shall determine.

(4) If the employee is discharged or if the investigation does not prove that there is a disciplinary case against him, the lay-off is terminated and the employee is entitled to the full amount of the remuneration that he would have received if he had not been laid-off. If he is found guilty, the Commission decides whether any part of his remuneration will be returned to the employee.

1/1990137(I)/2009
Offenses

Any person who, being summoned to appear before the Commission, fails to appear at the time and place stated in the summons or refuses to answer any question lawfully put to him in the disciplinary proceedings, shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding three hundred pounds.

1/1990
PART VIII MISCELLANEOUS PROVISIONS
Regulations, reservation of General Provisions, etc.
87.-(1) The Council of Ministers may issue Regulations, which shall be published in the official gazette of the Republic, for the better implementation of the provisions of this Law and generally for the regulation of any matter concerning the Commission, the public service and public servants:

It is understood that, until these Regulations are issued or any matter is otherwise determined by virtue of this Law, any regulations or administrative acts and the General Provisions and administrative instructions contained in circulars or elsewhere and the existing practice regarding the public service and public servants shall continue to apply to the extent that they are not inconsistent with the provisions of this Law.

(2) Without prejudice to the generality of subsection (1), any such Regulations may, inter alia, provide for all or some of the following matters:

(a) The determination of any matter not referred to in judicial proceedings, which by virtue of the provisions of this Law requires determination;

(b) the forms and rights for any matter required or permitted by or under this Law or arising from its provisions;

(c) the salary placement of an employee who is appointed, promoted or seconded to another position or to perform other duties;

(d) the method of adjusting the salary of an employee whose position is upgraded or downgraded as a result of a salary review or reorganization;

(e) the payment of a thirteenth (13th) salary to an employee;

(f) the granting of an increment to the salary scale of an employee’s position, including the conditions for granting, withholding, stopping or postponing an increment, the adequacy and, in general, the salary progression of an employee in combined scales;

(g) employee allowances, including travel, off-site and abroad, compensation including overtime compensation, advances and other financial benefits;

(h) the employee’s working time, working hours, holidays, leaves of absence and sick leave; and

(i) any other matter related to the matters under (a) to (h) above.

(3) Regulations issued under this article may provide for retroactive effect.

(4) Regulations made under this article shall be submitted to the House of Representatives. If, after the lapse of sixty days from such submission, the House of Representatives, by decision, does not amend or annul the Regulations so submitted in whole or in part, then they shall be published in the official gazette of the Republic immediately after the lapse of the above period and shall enter into force on the day of their publication. In the event of their amendment in whole or in part by the House of Representatives, they shall be published in the official gazette of the Republic, as amended by it, and shall enter into force on the date of their publication.

1/199069(I)/200079(I)/2005
Reservations

Nothing contained in this Law shall affect the provisions regulating matters relating to the conduct and discipline, disciplinary offences and the prosecution and punishment of employees belonging to the Prison Service and which are contained in the Prison Discipline Laws or any law amending or replacing them and in the Regulations issued thereunder.

1/1990
Abolitions and Reservations

Subject to the remaining provisions of this article, the Public Service Laws of 1967 to 1987 are repealed:

It is understood that:

(a) The appointment of the members of the Commission made in accordance with the provisions of the Public Service Laws of 1967 to 1987 shall not be affected.

(b) any procedure for filling a position, pending before the Commission on the date of the coming into force of this Law, shall continue and be completed in accordance with the provisions of the Public Service Laws of 1967 to 1987.

(c) Confidential Reports for employees for the year 1989 shall be prepared in accordance with the provisions of the Public Service Laws of 1967 to 1987 and the regulations relating to the preparation and submission of Confidential Reports. Notwithstanding this, a copy of the report shall also be communicated to the employee concerned.

1/1990
Entry into force of this Law
90.-(1) Subject to the provisions of subsection (2), the force of this Law shall commence upon its publication in the official gazette of the Republic.

(2) Article 72 shall enter into force on 1 May 1990.

1/1990
ANNEXES
FIRST TABLE
(Article 82)

PART I

Disciplinary offenses of a public servant that may be tried summarily by the competent authority:

Leaving the workplace without the permission of a superior.
Delay in arriving at his place of work.
Negligence, indifference, dullness or inaction in the performance of his duties.
Indecent behavior towards superiors and colleagues and towards the public.
Failure or refusal to comply with an order or instruction given to him by a superior.
Failure or refusal to perform the duties of his position.

PART II

Penalties that may be imposed by the competent authority:

Reprimand.
Severe reprimand.
Suspension of increment for a period not exceeding six months.

SECOND TABLE
(Article 81(2)(b))

The competent authority-

(a) in the case where the employee under investigation holds a position up to scale A13(ii) of the government salary scale, as in force on the date of commencement of this Law, appoint one or more officers from the list of investigating officers of the authority competent for the employee under investigation (who in this Part shall be referred to as the “investigating officer”) to conduct the investigation:

It is understood that the investigating officer is required to hold a position higher than the position of the employee under investigation:

It is further provided that, in the event that the competent authority deems it not possible, practical or applicable to appoint an investigating officer under the provisions of this subparagraph, it may refer the matter to the Council of Ministers for the appointment of an investigating officer in accordance with the provisions of subparagraph (b), which concerns an employee holding a position with a scale higher than A13(ii) of the government payroll, as applicable on the date of entry into force of this Law.

(b) In the event that the employee under investigation holds a position with a scale higher than A13(ii) of the government salary scale, as applicable on the date of entry into force of this Law, he shall immediately inform the Council of Ministers with a view to the appointment by the Council of an investigating officer from the list of investigating officers of another competent authority than the one to which the employee under investigation belongs:

It is understood that the investigating officer must not hold a position lower than the position of the employee under investigation, unless it is an investigating officer serving in the Legal Service of the Republic or in the Internal Audit Service, where the investigating officer may also hold a position lower than the position of the employee under investigation:

It is further understood that these provisions do not affect the investigating officers who have been appointed to investigate a disciplinary offence that has already commenced before the date of entry into force of this Law.

The investigation shall be conducted as soon as possible and shall be completed no later than sixty days from the date of the order for investigation. In the event that for any reason it is not possible to complete the investigation within the above deadline, the investigating officer shall apply to the competent authority to secure an extension of the deadline for completing the investigation, for such period as the competent authority may determine, by its reasoned decision, as the absolutely necessary extension period at its discretion and in accordance with the facts of each case.
During the conduct of the investigation, the investigating officer has the power to hear any witnesses or to take written statements from any person who may know anything about the facts of the case and every such person must give any information that has come to his knowledge and sign any statement so given, after it has been read to him.
The employee is entitled to know the case against him, provided with a copy of the witness statements and any relevant documents and the opportunity to be heard.
After completing the investigation, the investigator shall immediately present his findings to the competent authority, fully justified, after submitting all relevant documents.
Upon receipt of the investigator’s report, the competent authority shall immediately refer it, together with all the submitted documents, to the Attorney General of the Republic for approval, together with its views on the report.
The Attorney General of the Republic shall examine the matter with all possible speed and advise the competent authority whether charges may be brought against the employee. In the event of an affirmative vote, he shall proceed with the formulation of the charge.
Upon receipt of the indictment issued by the Attorney General of the Republic, the competent authority signs it and transmits it to the President of the Commission, together with all the documents submitted to the Attorney General of the Republic.

PART II

(Article 83(2))

Call Type

You are hereby summoned to appear before the Public Service Commission at its Office in Nicosia on (v) ………………………………………… 19………………. at ………………………….. a.m./p.m
. for the hearing of a disciplinary charge brought against you for…………….

If you wish to call witnesses to give testimony or to present evidence before the Commission, you must make the necessary arrangements to ensure the attendance of the witnesses and the presentation of the evidence.
If you fail to appear before the Commission at the aforementioned place and time, the Commission may either require your personal appearance or proceed with the hearing of the case in your absence.

……………………………. 19 …………….
Signature ………………………………….
Chairman of the Public Service Commission.

…………../ Performance

Call Performance

The summons is served on the employee through the Head of his Department, who ensures that the summons is delivered to him personally and signs a confirmation of receipt by the employee on the copy of the summons, which is returned to the Commission.

PART III

(Article 83(5))

Case hearing

If the employee appears on the date set by the Commission for the hearing of the case, the hearing shall be conducted as provided in this Law and in this Part.
If the employee does not appear on the due date, then after proof that the summons was served on him, the hearing of the case shall be held in his absence:

It is understood that the Commission may require the personal presence of the official.

The hearing of the case shall be conducted, as far as possible, in the same manner as the hearing of a criminal case tried summarily.
The Commission has the authority to:

(a) To call witnesses and require their attendance, as well as the attendance of the employee, as is done in trials conducted summarily.

(b) to require the production of any document relating to the charge

(d) to adjourn the hearing from time to time, provided that the hearing proceeds as expeditiously as possible.

Minutes of the proceedings shall be kept during the hearing.
The Commission may, by its decision, either find the employee guilty of all or any of the offenses for which he is accused and impose on him any of the disciplinary penalties that the circumstances of the case would justify, after having previously heard him regarding the assessment of the penalty, or acquit the employee of the charge.
Every decision of the Commission must be reasoned and signed by the Chairman. A copy of the decision shall be sent to the competent authority and another copy shall be given to the donor officer.

Note
13 of Law 96(I)/2006Entry into force of Law 96(I)/2006
(1) Subject to the provisions of subsection (2), the Civil Service (Amendment) Law of 2006 shall come into force upon its publication in the Official Gazette of the Republic.

(2) The provisions of articles 5, 6 and 7 of the Public Service (Amendment) Law of 2006 also apply with regard to the procedures for filling First Appointment and First Appointment and Promotion positions, for which Advisory Committees have not been established, and paragraph (c) of article 6 and paragraph (c) of article 7 of the aforementioned Law are also applied by the Advisory Committees that have not sent their report to the Public Service Commission.

Note
4 of Law 4(I)/2001Entry into force of Law 4(I)/2001
This Law [S.S.: namely Law 4(I)/2001] shall enter into force on 1 March 2001.

Note
5 of Law 128(I)/2003 Entry into force of Law 128(I)/2003
The force of this Law [S.S.: namely Law 128(I)/2003] shall commence on a date to be determined by the Council of Ministers by notification published in the Official Gazette of the Republic.

Note
12 of Law 1(I)/2022Entry into force of Law 1(I)/2022
12.-(1) Subject to subsection (2), this Law [S.S.: namely L. 1(I)/2022] shall enter into force on the date of its publication in the Official Gazette of the Republic.

(2) Articles 5 and 8 shall come into force on 1 January 2024 [S.S.: namely articles 5 and 35A of the basic law].

Note
4 of Law 59(I)/2023Entry into force of Law 59(I)/2023
This Law [S.S.: namely L. 59(I)/2023] shall enter into force on 1 July 2023.

Note
3 of Law 38(I)/2024Entry into force of Law 38(I)/2024
This Law [S.S.: namely L. 38(I)/2024] shall enter into force on 1 July 2024.

Note
4 of Law 95(I)/2024Entry into force of Law 95(I)/2024
The force of this Law [S.S.: namely L. 95(I)/2024] is deemed to have begun on 1 January 2024.

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