Do Civil Service Jobs Have A Trial Period

Chapter two

Civil Service Appointments

2.1

The principle governing Civil Service appointments is to engage "the best person for the job". Ability and skilful conduct bated, the Commission has also to be assured that the option process is fair and properly conducted and that the claims of all eligible candidates are duly and fully considered. In 2019, the Commission considered and tendered advice on 1162 submissions. Of them, 1126 were appointment-related and the remaining 36 were related to carry and subject. These submissions were the consequence of the hard work of B/Ds. Altogether, 197 recruitment and 715 promotion exercises were conducted by them. They involved hundreds and thousands of applicants and candidates whose applications for appointment and claims for promotion take to be meticulously assessed. In addition, the Commission advised on 26 submissions concerning extension of service or re-employment after retirement. Of these, 25 were further employment cases conducted under the adjusted mechanism promulgated by CSB in June 2017. Another 148 cases involved extensions or termination of officers appointed on probation or trial service. The remaining 40 cases were other appointment-related cases.

2.2

Apart from advising on instance-specific submissions, the Commission besides works with CSB to improve and streamline appointment procedures and where appropriate proposes subjects for review. An account of the Commission's work is detailed in this Chapter.

Civil Service Recruitment

2.3

Recruitment to the Civil Service is undertaken by CSB and individual B/Ds. It may take the course of an open recruitment or in-service engagement or both. Where submissions are required to be fabricated to the Committee⁶, we will cheque to see that objective selection standards and proper procedures are adopted in the process. Introduction of new shortlisting criteria for recruitment exercises crave the Commission'southward advice in advance earlier they can be adopted. We will examine them to ensure that they are advisable and fair. Nosotros also suggest B/Ds on improvement measures that can be taken to shorten the processing time and then that early offers tin exist made to successful candidates.

They refer, for the purpose of recruitment, to ranks attracting a maximum monthly salary non less than the amount specified at Master Pay Scale Bespeak 26 ($53,500 as at cease-2019) or equivalent, but exclude (a) the basic ranks of non-degree entry and non-professional grades; and (b) judicial service, the Independent Commission Against Corruption and the disciplined ranks of the Hong Kong Constabulary which are specifically outside the purview of the Commission.

ii.four

In 2019, the Commission advised on 197 recruitment exercises involving the filling of one 944 posts, of which ane 885 posts (in 190 exercises) were through open up recruitment and 59 posts (in seven exercises) by in-service appointment. A statistical breakdown of these appointments and a comparing table showing the number of recommendees in 2019 and that of the by four years are provided at Appendix 4. Some specific observations made by the Commission on the recruitment submissions advised in the year are provided in Affiliate 3.

Ceremonious Service Promotion

2.five

The function of the Commission in advising the Government on promotions to the middle and senior ranks⁷ in the Civil Service is to ensure that only the most suitable and meritorious officers are selected to undertake higher rank duties through a off-white and equitable promotion system. In examining promotion submissions from B/Ds, the Commission will need to exist satisfied that proper procedures have been followed and that the claims of all eligible officers have been fairly and fully considered regardless of their terms of appointment confronting the criteria of ability, experience, performance, character and prescribed qualifications, if whatsoever. The Commission also makes observations on the conduct of promotion exercises and issues relating to functioning management with a view to bringing nearly improvements where shortfall is identified and enhancing the quality of the Civil Service promotion system as a whole.

They refer, for the purpose of promotion, to those middle and senior ranks nether the normal appointment purview of the Commission (i.eastward. those attracting a maximum monthly salary non less than the amount specified at Primary Pay Calibration Point 26 or equivalent). They exclude the judicial service, the Independent Commission Against Corruption and the disciplined ranks of the Hong Kong Police force Strength which are specifically exterior the purview of the Commission.

2.6

In 2019, the Commission advised on 715 promotion exercises involving nine 200 officers. A numerical breakdown of these submissions and a comparison with those in the past 4 years are provided at Appendix V. Some specific observations made by the Commission on these submissions are provided in Chapter 4.

Extension of Service of Ceremonious Servants

2.7

To address the demographic challenges arising from an ageing population and the anticipated wastage of civil servants in the coming years, the Government announced in Jan 2015 the adoption of a package of measures for extending the service of civil servants. They include raising the retirement age of new recruits, streamlining the control regime on mail-retirement outside work, promulgating the Post-retirement Service Contract Scheme to appoint retired civil servants, revising the arrangements for final extension of service and implementing an adjusted mechanism for further employment of civil servants for a longer elapsing than final extension of service (futurity referred to every bit "Fe").

2.8

Furthermore, to tie in with the goal of expanding the labour force and to answer to the aspirations of serving colleagues in the Civil Service, the CE appear in the 2017 Policy Address that serving civil servants who joined the Regime betwixt 1 June 2000 and 31 May 2015 would be given an pick to retire at the age of 65 (for civilian grades) or 60 (for disciplined services grades) on a voluntary ground (futurity referred to as "the Option").

2.9

Under the FE scheme, eligible officers may be considered for Atomic number 26 through a selection process, which has been institutionalised by making reference to the modus operandi of promotion and recruitment boards. The Commission's communication is required for Fe if the posts concerned are under our purview. In 2019, the Commission had advised on 25 submissions on the recommendations of Iron selection boards involving the extension of service of 65 officers. A breakdown of the number of extension of service or re-employment afterwards retirement cases, including Fe submissions, in 2019 and a comparison with those in the by four years are provided at Appendix VI. The Committee notes that as an on-going effort, CSB will review the implementation of the FE scheme. The Commission volition go along to scrutinize the operation of the Atomic number 26 scheme and provide feedback to CSB every bit necessary.

2.10

CSB launched the Option on 27 July 2018 with the provision of a two-twelvemonth selection period commencing 17 September 2018. As at xvi December 2019, about 46% of the eligible civil servants had taken the Choice. The Committee will proceed the progressive implementation of the Option in view and seek a further update from CSB prior to the close of the option menstruation in mid-2020.

Extension/Termination of Probationary/Trial Service

2.xi

The purpose of requiring an officer to undergo a probationary/trial period is manifold. They include –

(a)

providing an opportunity for the appointee to demonstrate his/her suitability for farther engagement in the Civil Service;

(b)

assuasive the appointment potency (AA) to assess the operation and comport of the appointee and be satisfied that he/she is fit for continuous employment; and

(c)

giving the appointee time to acquire any additional qualifications or pass whatsoever tests prescribed for further engagement.

Probationers/Officers on trial should exist given the necessary grooming, coaching and counselling to aid them fit into their jobs. They should as well be put nether continual observation and assessment by their supervisors. Full reward must be taken of the probationary/trial period to cease the service of an officer if he/she is unlikely to go suitable for connected service or farther engagement because of his/her deport and/or functioning. To maintain a robust workforce, HoDs/Heads of Grade (HoGs) should apply stringent suitability standards in assessing the performance and conduct of probationers/officers on trial to ensure that only those who are suitable in all respects are allowed to pass the probation/trial bar. Termination is non a punishment for a specific human action of misconduct. If at any fourth dimension during the probationary/trial period, a probationer/officer on trial has failed to measure up to the required standards of operation or deport or has shown attitude bug and displayed piddling progress despite having been given guidance and advice, the HoD/Pig concerned should take early action to seriously consider terminating his /her service nether CSR 186/200 without the need to wait till the finish of the probationary/trial period.

2.12

Extension of probationary/trial period should not exist used equally a substitute for termination of service or solely for the purpose of giving an officeholder more time to show his/her suitability. In accordance with CSR 183(5)/199(3), a probationary/trial period should unremarkably be extended just when there take non been adequate opportunities to appraise the officer'south suitability for passage of the probation/trial bar because of his/her absence from duty on account of affliction or study leave; or when there is a temporary setback on the role of the officer in attaining the suitability standards or acquiring the prescribed qualifications for passage of the probation/trial bar beyond his/her control. Information technology is only in very exceptional circumstances where the officer, though not yet fully meeting the suitability standards, has shown potent indication to be able to achieve the standards inside the extension menses that an extension of his/her probationary/trial period should be granted.

ii.13

The number of cases involving termination of probationary/trial service advised by the Commission was 11 in 2019. These cases were all related to unsatisfactory performance and/or deport of the officers concerned. Submissions recommending extension of probationary/trial service had increased from 128 in 2018 to 137 in 2019. Almost of these extensions were needed to allow time for the officers concerned to demonstrate their suitability for permanent date/passage of trial bar on grounds of temporary setback in performance, minor lapses in behave or absence from duty for a prolonged period due to the officers' wellness conditions, or pending the acquisition of requisite qualifications prescribed for connected engagement. A statistical breakdown of these cases and a comparison with those in the past 4 years are provided at Appendix VII.

2.fourteen

To uphold the proper assistants of the probation/trial organization, HoDs/HoGs take the overall responsibility of overseeing the management of officers on probation/trial. Continual monitoring and regular feedback are necessary in determining whether approval for passage of the probation/trial bar should be given. They are too needed to enable the management to accept appropriate activity to accost problems that may surface during the probation or trial menstruation. In order that holistic direction actions can be timely taken, information exchange and updates betwixt different work units in a B/D is imperative.

ii.15

In examining an extension case, while noting that the department has put in identify an authoritative "bring-up" system under the personnel section to consider and process the officer's suitability for passage of the probation bar, some other section was tasked to bargain with staff being investigated for misconduct or involved in criminal investigation. Because of the compartmentalized sectionalization of duty with no internal guideline requiring the ii sections to seek updates and exchange information, belated activity was taken to seek an extension of the officeholder's probation. In another case, the section submitted a recommendation to defer an officer'south passage of the probation bar on the grounds of prolonged sick leave having been taken by the officeholder concerned. Shortly after the Commission had supported the extension, the department made another extension submission as the officer concerned was found to exist the bailiwick of a criminal investigation. Every bit the investigation was still on-going, a further extension had to be sought. The Commission considered that action should have been taken by the department to seek a longer extension to cover both circumstances in one-go.

2.16

The Commission considered the handling of the higher up cases far from satisfactory. The Commission has advised the relevant departments to strengthen internal departmental procedures and enhance the general management of probationers.

ii.17

As a stipulated engagement guideline, stringent suitability standards should be applied to assess and determine whether an officer on probation/trial should be allowed to pass the probation/trial bar. In an extension example, the supervisors of an officer on probation sought the communication of the Commission for an extension on the grounds that improvement in performance was seen in the last five months before the due date of the passage of the probation bar. Upon scrutiny, the Commission noted that the officer had been repeatedly reported as displaying attitude and carry problems throughout the probationary menstruum. But soon before the end of his/her probationary period, the officeholder was issued with a verbal warning for insubordination necessitating the deferment of the passage of the probation bar with financial loss nether the system of summary disciplinary action promulgated by CSB⁸ . While disciplinary action, albeit breezy, was duly taken against the officer's misconduct leading to the punishment of a verbal warning, the general suitability of this officer for connected date should have been considered also under CSRs 180 and 186. Given the officeholder'southward persistent attitude and deport problems, earlier decisive activeness should take been taken by the departmental management to finish the officer's probationary service.

Summary disciplinary activity comprises verbal and written warnings. It is taken in cases of acts of minor misconduct (e.g. occasional unpunctuality) committed by civil servants and allows B/Ds to tackle and deter such misconduct expeditiously. The Committee'south advice is not required in such cases. A verbal or written alarm would debar an officer from promotion or appointment for a menstruum of time. If a probationer is issued with a verbal or written alert, his probationary period should be considered for extension by six months or one year respectively with fiscal loss under CSR 186, irrespective of when the warning is issued during the probationary period. The probationer will receive no increment during the extension and his/her incremental date volition be deferred for the same elapsing permanently. At the end of the catamenia, the officer will be considered for confirmation to the rank subject field to his/her satisfactory performance and the AA's satisfaction that he/she fully meets the requirements of the grade for confirmed appointment in the long term.

ii.eighteen

In a case involving an officeholder on trial, the GM initially proposed to extend his/her trial service for six months with financial loss on medical grounds. On closer examination of the medical history presented, the Committee was unable to plant a causal relationship between the officer's substandard performance and his/her health. Despite intensive coaching, the officer'due south functioning had not improved. Upon the request of the Committee, the GM afterwards revised its recommendation and decided to refuse the officer'south passage of trial bar. In tendering its advice on the case, the Commission has impressed upon the GM of the need to keep the performance of an officer on trial nether regular review and should be more warning to the taking of prolonged sick leave.

two.xix

In another extension instance, the department originally recommended deferring an officeholder'due south passage of probation bar for six months with fiscal loss in light of the large number of ill leave taken intermittently over a prolonged flow and failings in conduct and operation. Without responding to elaborations sought by the Committee Secretariat, the extension submission was withdrawn by the department. The Commission later learnt that the reasons advanced by the direction for withdrawing the proposal were that the officer's performance had improved and that the sick leave taken was considered genuine. However, the department would consider issuing an advisory letter to propose the officer of the areas requiring comeback and that greater efforts needed to be exerted. This would suggest that the officer'due south performance had withal to reach the required standard and in the view of the Commission, it was doubtful whether allowing the officeholder to pass the probation bar was fully justified at this juncture. The Commission considered the section's act of withdrawing the original extension recommendation without outset addressing the Commission's concerns regrettable. Information technology likewise reflected that the departmental direction had not carefully idea through the appropriate direction action it should take before making the submission.

2.20

According to CSB Circular No. 5/2015, a probationer who has been issued with a exact or written warning will have his/her probationary period extended for vi months or i year respectively with financial loss⁹, irrespective of when the warning is issued during the probationary period and subject field to the requirements under CSRs 186(3) and 186(4)^x . A probationer issued with a warning should be duly informed of its implication on his probationary period and exist cautioned to demonstrate remarkable improvement and exemplary functioning, so that the probationer knows where he/she stands. To assist B/Ds in administering summary disciplinary activity, CSB has issued a template for B/Ds to record the verbal and written warnings instituted against defaulting officers, in which a clause stipulating the issue of warnings applicable to the probationer is included in the execution. However, the purpose and result of the system volition be defeated if it is non properly administered. In examining an extension example, the department was found to accept used a incorrect template in administering a alarm to a probationer. The crucial information that the probation period would be extended by six months was not specified therein. In another instance, a number of officers were involved and one was a probationer. Non existence enlightened, the issuing officeholder, when recording the administered warning in the personnel file of the probationer, had wrongly crossed out the reference in the grade of an extension of the probation period. While the outcome of the warnings had non been afflicted, the Commission has urged the concerned departments to strongly advise the subject officers to familiarize themselves fully with the operation of the alarm system and to ensure accuracy in processing similar cases in the future.

CSR 186(iii) requires that before a decision is made to terminate the service or reject/defer with fiscal loss the passage of probation bar of an officeholder on probationary terms, the officeholder should be –

(a)

informed in writing of the intention to stop his service or refuse/defer his passage of probation bar;

(b)

given the reasons or an outline of the individual shortcomings that have given rise to the intention; and

(c)

given vii calendar days to submit any representations he may wish to make.

The AA shall have into account the representations made and seek the advice of the Committee where advisable, before making a decision.

CSR 186(4) requires that for recommendation of termination of service or refusal of passage of probation bar or deferment with financial loss of passage of the probation bar which is subject to the communication of the Commission, the AA should every bit far as practicable forward his recommendation with detailed reasons and justifications, comments on the officer'south representations if any, and all staff reports on the officer, to the Committee at least ii months before the stop of the engagement on probationary terms.

2.21

While accurateness is a prerequisite, taking prompt and timely action is just equally important in the administration of the warning system. For the avoidance of doubtfulness, CSB has issued additional guidance to B/Ds once again in January 2018 to clarify that they should proceed to extend the probation period of an officer who had been warned without waiting till the finish of the probationary period. Despite the reminder, cases involving belated follow-up actions on warnings issued to probationers were still observed during the twelvemonth. In an extension case, the Committee noted a long time gap of over ii years between the issuance of a verbal alert and the submission for extension to the Commission. The department explained that due to authoritative oversight, the officer responsible for administering the alarm was unaware that the officeholder was however on probation. The Commission considers that in guild to achieve the punitive and deterrent effect of the alarm system, immediate follow-up action should be taken to extend the officer's probationary flow. Early on action taken in this regard would enable the probationer concerned to correct and strive for improvement. While noting the remedial actions taken past the department in strengthening the assistants of the disciplinary organisation on probationers, the Committee has reminded the section to bus staff responsible for disciplinary and appointment matters to familiarize themselves with the CSB guidelines and to observe the timeline for making submissions to the Commission.

2.22

Every bit required under CSR 186(4)/200(4), recommendations involving extension or termination of probationary/trial service which fall under the purview of the Committee should equally far equally practicable be submitted to the Commission at least two months before the end of the probationary/trial period. The Commission considers it most undesirable if such cases could not be processed in time for the officers concerned to be informed of the management'south decision before the end of their probationary/trial periods.

ii.23

In recent years, the Commission has noted the fourth dimension spent by the Commission Secretariat in seeking supplementary and necessary information farther to the submissions received from B/Ds. As the Commission needs to examine all data critically and comprehensively, time and efforts could exist saved if all necessary information could be provided at the kickoff. To better efficiency and in conjunction with CSB, nosotros have prepared a checklist to assist B/Ds in preparing their submissions. The checklist was promulgated on 17 January 2020. The Commission is hopeful that the checklist would be found useful especially amongst B/Ds which are less experienced in dealing with problematic probationers whose probation period needed to be extended.

Other Civil Service Appointment Matters

two.24

Other engagement matters brash by the Commission cover cases of not-renewal of agreement, retirement in the public interest nether s.12 of the PS(A)O, secondment¹¹, opening-upwardly arrangement¹², review of interim date and updating of Guide to Appointment¹³. In 2019, the Commission advised on forty aforesaid cases. A statistical breakdown of these cases and a comparison with those in the past four years are provided at Appendix VIII.

Secondment is an organisation to temporarily relieve an officer from the duties of his/her substantive date and appoint him/her to make full another office not in his /her grade on a time-limited and non-substantive ground. Normally, a department will consider a secondment to fill an office under its charge if it needs skills or expertise for a brusk period of fourth dimension and such skills or expertise are only available from another Civil Service grade.

Under the opening-up organization, positions in promotion ranks occupied past agreement officers are open up for competition between the incumbent officers and eligible officers one rank below. This arrangement applies to both overseas understanding officers who are permanent residents and are seeking a further understanding on locally modelled conditions, and other agreement officers applying for a further understanding on existing terms.

The Guide to Appointment (G/A) is an official certificate prepared by departments for individual ranks to specify the qualification, requirements and the terms of engagement for recruitment or promotion to respective ranks. B/Ds are required to update the entry requirements, terms of appointment, and job description of grades under their purview in the corresponding 1000/As on an ongoing footing for CSB's approval.

2.25

Retirement in the public involvement nether southward.12 of the PS(A)O is not a grade of disciplinary action or penalization only pursued as an administrative measure in the public involvement on the grounds of –

(a)

persistent substandard operation when an officer fails to reach the requisite level of operation despite having been given an opportunity to demonstrate his/her worth; or

(b)

loss of confidence when the direction has lost conviction in an officeholder and cannot entrust him/her with public duties.

An officer who is required to retire in the public interest may be granted retirement benefits. In the case of a pensionable officer, a deferred pension may be granted when he/she reaches his/her statutory retirement age. In the case of an officer under the CSPF Scheme, the accrued benefits attributable to the Regime's Voluntary Contributions will be payable in accordance with the rules of the relevant scheme.

two.26

During the year, a total of 8 officers from seven B/Ds were put nether close observation. One officer had later been taken off the scout list after he/she had retired from the service. As at March 2020, 7 officers remained under close observation.

two.27

The Committee will continue to draw B/Ds' attention to potential due south.12 cases in the form of vetting staff appraisement reports in connection with promotion exercises. We volition also closely monitor departmental managements' readiness and timeliness in pursuing such an authoritative action.