Ministerial Order determining Modalities for Recruiting Contractual Staff in Public Service


Rwanda

Ministerial Order determining Modalities for Recruiting Contractual Staff in Public Service

Ministerial Order 3 of 2015

The Minister;Pursuant to the Constitution of the Republic of Rwanda of 04 June 2003 as amended to date, especially in Articles 119, 121 and 201;Pursuant to Law nº 86/2013 of 11/09/2013 on the general statutes for public service, especially in Article 9;After consideration and approval by the Cabinet, in its session of 14/04/2015;HEREBY ORDERS:

Article One – Purpose of this Order

This Order determines modalities for recruiting contractual staff in public service.

Article 2 – Conditions for recruiting contractual staff in public service

A public institution may recruit a contractual staff if one of the following condition is met:in case of replacing of a public servant who is absent for a period equal to or exceeding six (6) months, due to reasons provided for by the law;in case of recruitment of staff whose posts are provided for by the approved organizational structure of a Single Projects Implementation Unit;in case of sound reasons requiring to carry out urgent duties which are not determined in jobs on the organizational structure;in case of recruitment for a job position requiring rare and specialized skills on the labor market.

Article 3 – Authorization for recruiting a contractual staff in public service

A public institution requiring a contractual staff for reasons provided for under point 3º or 4º of Article 3, shall seek prior written authorization from the Ministry responsible for public service.If a public institution requires a contractual staff for reasons provided for under point 1º or 2º of article 3, it shall recruit without seeking authorization referred to under the Paragraph One of this Article.

Article 4 – Content of the file requesting for authorization

The file requesting for authorization for recruitment must indicate the following:justification for the need of a contractual staff;job description of the post to be occupied by the contractual staff;duration of employment contract;salary and, if applicable, fringe benefits to be provided for the contractual staff.

Article 5 – Procedure for recruiting a contractual staff

A public institution requiring a contractual staff and that has authorization to recruit shall recruit a contractual staff in accordance with the procedure set forth by the Presidential Order determining modalities for the recruitment, appointment and nomination of public servants.

Article 6 – Employment contract

The successful candidate on the position of contractual staff shall not receive an appointment letter but he/she shall sign an employment contract with the recruiting institution in accordance with the Labour Law in Rwanda.The employment contract in public service shall not exceed a period of one (1) year. The renewal of the contract shall be done in writing.However, in exceptional circumstances, the Minister responsible for Public Service may give authorization to conclude an employment contract for more than one (1) year.

Article 7 – Salary of contractual staff

The salary and other fringe benefits allocated to a contractual staff in Public Service must be equivalent to the salary and other fringe benefits provided for a permanent civil servant on the same level as that of a contractual staff.If there is no direct same level position, the salary and fringe benefits shall be determined by comparison of job positions.However, the salary and fringe benefits of contractual staff may be determined in a special way, for positions requiring specialized and rare skills personnel on the labor market. This shall be done upon consultation with the Ministry responsible for public service.

Article 8 – Repealing provision

All prior provisions contrary to this Order are hereby abrogated.

Article 9 – Commencement

This Order shall come into force on the date of its publication in the Official Gazette of the Republic of Rwanda.
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History of this document

06 July 2015 this version
09 June 2015
Assented to