Rwanda
Presidential Order relating to Recruitment of Public Servants and Induction Programme
Presidential Order 128 of 2020
- Published in Official Gazette special on 4 December 2020
- Assented to on 3 December 2020
- Commenced on 4 December 2020
- [This is the version of this document from 4 December 2020.]
Chapter One
General provisions
Article One – Purpose of this Order
This Order determines:1ºmodalities for implementation of the following methods of recruitment of public servants:a.competition;b.direct recruitment;c.appointment;d.placement after restructuring of public institutions.2ºmodalities for induction programme for public servants.Article 2 – Scope of application
This Order applies to public servants governed by the law establishing the general statute governing public servants and public servants under employment contracts.It also applies to public servants governed by special statutes where those statutes do not provide for special recruitment procedures or special modalities for induction programme.Article 3 – Definitions
In this Order, the following terms are defined as follows:1ºMinister: Minister in charge of public service;2ºe-recruitment: a process for recruitment of public servants through a digitalised government system;3ºinduction programme: training programmes for newly appointed or elected public servants aimed at introducing them to public service ethics and values and the new work environment;4ºdirect recruitment: a method by which a public servant is employed without passing through competition, based on the requirements provided for by this Order;5ºrare skills: skills that are specialised and scarce or not available on the national labour market;6ºexceptional skills: special skills based on their nature, value and that are characterised by the achievements of the person who has them;7ºonboarding: a process by which a newly appointed or newly elected public servant is integrated into his or her job by providing him or her with necessary information concerning his or her duties and institutional culture for his or her professional development;8ºpsychometric test: a method of assessing the capacity and competencies of a candidate who is applying for a job position before doing the actual examination.Chapter II
Modalities for recruitment of public servants
Section One – Recruitment through competition
Article 4 – Recruitment of public servants
An institution that wishes to recruit a public servant to occupy a job position filled through competition uses e-recruitment.However, a public institution in charge of recruitment oversight may:1°authorise an institution that wishes to recruit a public servant not to use e-recruitment;2°authorise an institution that wishes to recruit a public servant to use internal recruitment.The authorisation under Paragraph 2 of this Article is granted upon reasonable grounds.Article 5 – Requirements for recruitment of a public servant
Recruitment of a public servant is carried out if the following requirements are fulfilled:1ºthe organisational structure of a public institution has been approved by the competent authority;2ºthe vacant job position has a job profile and description that have been approved by the competent authority;3ºthe job position to be occupied is vacant;4ºthe vacant job position is budgeted for.However, upon approval by the Minister, a public servant may be recruited on a job position not provided for on the organisational structure.Article 6 – Advertisement of a vacant job position
The institution that wishes to recruit a public servant advertises a vacant job position through e-recruitment.The advertisement of a vacant job position contains the following details:1°job title;2°job level and number of vacant job positions;3°job profile and related description;4°closing date of submission of application files;5°name of the competent authority who approves the announcement.The advertisement of the job vacancy lasts for seven (7) working days counted from the first day of its publication.Article 7 – Job application and shortlisting procedure
A candidate applies for a vacant job position in way of registration through e-recruitment. During his or her registration, the system matches his or her profile with the job requirements.A candidate whom the system has qualified as meeting the required profiles is immediately eligible to do a psychometric test via e-recruitment. Psychometric test must be tailored to a job position applied for by a candidate.A candidate passes a psychometric test if he or she obtains at least fifty per cent (50%). A candidate who fails this test is not allowed to take the next step of doing the actual examination.Depending on the nature of a vacant job position to be filled and upon approval of the public institution in charge of recruitment oversight, a psychometric test may be excluded.When the job applicant is a person with disability who deserves special conditions during the examination process, he or she specifies the nature of his or her disability during the application, in the appropriate box.Article 8 – Publication of the list of shortlisted candidates
A list of shortlisted and non-shortlisted candidates is published through e-recruitment.Article 9 – Preparation and conducting examination
The institution that wishes to recruit a public servant prepares and conducts a competence-based examination.The institution that wishes to recruit a public servant may if necessary, seek assistance of another public institution or hire a consultancy firm to prepare and conduct exams.An institution that wishes to recruit a public servant does not seek assistance of recruitment from the public institution in charge of recruitment oversight to prepare and conduct exams.The examination is prepared in the official languages and the candidate passes exam in one language.In case a written examination is paper based, the candidate does not write his or her name on the answer sheet. A code is used instead of the name and is kept by the institution that wishes to recruit a public servant. The matching of code and name of a candidate is made after the marking of the examination.For oral examination, the panel of oral examiners is composed of at least three (3) members that have proven competencies to test the knowledge and skills required for the vacant job position.During an oral examination, an audio-visual recording is conducted. The video is recorded in a way that shows the examiners and the interviewed candidate. The audio must also be well recorded with clear voices.A candidate who specifies his or her disability, is facilitated to sit for the exam taking into consideration his or her disability.Article 10 – Date and venue of examination
The institution that wishes to recruit a public servant announces the date, time and venue for the exam at least three (3) working days before the examination date.Examination is conducted on a working day and during working hours.Article 11 – Types of examination
A shortlisted candidate sits for a written examination and an oral examination for the job position applied for.For some vacant job positions, depending on their nature, an institution that wishes to recruit a public servant may prepare a practical examination for a candidate in addition to the types of examination specified in Paragraph One of this Article.However, upon approval by the public institution in charge of recruitment oversight, the institution that wishes to recruit a public servant may conduct one exam, either written, oral or practical.A practical exam is part of the oral exam and if considered necessary it may be done separately.Article 12 – Examination marking
A written examination is marked out of fifty per cent (50%). Oral exam is also marked out of fifty per cent (50%).The total score for all conducted examinations per job position is one hundred per cent (100%).However, upon authorisation of the public institution in charge of recruitment oversight, the institution that wishes to recruit a public servant may conduct a single exam which is marked out of a hundred percent (100%).Article 13 – Examination pass mark
A candidate who scores at least fifty percent (50%) in the first examination is eligible for the next step of the ongoing recruitment process.A candidate who scores at least an aggregate of seventy percent (70%) at the end of the examination process is successful.Article 14 – Publication of examination results
The examination results obtained by candidates are published by the institution that wishes to recruit a public servant using e-recruitment and candidates are notified through electronic messages.If it is evident that there is an error in the addition of marks, a correction is made by the institution that wishes to recruit a public servant.If it is an error in the marking that is likely to affect all candidates, the institution that wishes to recruit a public servant reviews the marking for all candidates who sat the examination to the same position.When a candidate appeals against the results of the previous examination, the next step of recruitment process is undertaken after final decision on the appeal.Article 15 – Timeline for recruitment process
The recruitment process does not exceed thirty (30) working days starting from the date of deadline of the advertisement for a vacant job position, excluding days provided for the appeal.Section 2 – Modalities for direct recruitment
Article 16 – Direct recruitment
An institution that wishes to recruit a public servant uses direct recruitment in case of:1ºrare skills;2ºexceptional skills; or3ºlack of an applicant who fulfils the required profile for a vacant job position after three (3) consecutive advertisements.An institution that wishes to recruit a public servant through direct recruitment, submits to the Minister the dossier of the proposed candidate before he or she is appointed by the competent authority.The Minister decides on the use of direct recruitment after consultation with the public institution in charge of recruitment oversight.Section 3 – Job offer, acceptance and appointment
Article 17 – Job offer to a successful candidate
After publication of final results, the institution that wishes to recruit a public servant gives a job offer, in writing, to a successful candidate in the order of merit based on marks obtained.If two (2) or more candidates obtain equal marks for one job position, priority for job offer is given in the following order:1°a candidate with more relevant experience;2°a candidate with the highest qualification;3°a candidate with disability;4°a candidate from the less represented gender in the concerned public institution.Without prejudice to oral exam provided for in the Article 11 of this order, when the candidates meet the conditions provided for in Paragraph 2 of this Article, a public institution that gave job offer to the candidates organize an oral test.Article 18 – Job offer acceptance
A successful candidate who has received a job offer from the institution that wishes to recruit a public servant accepts in writing the job offer within three (3) working days from the date of receipt of the job offer. If he or she does not accept the offer in due time, the job offer is given to the next candidate following the mark obtained in the exam.Article 19 – Documents required from a successful candidate
Before provisional appointment, a successful candidate is required to submit to the institution that wishes to recruit a public servant the following documents:1ºthe curriculum vitae;2ºa certified copy of the original degree or a certified copy of equivalence for degree obtained abroad;3ºone passport photo;4ºa criminal record certificate;5ºa medical certificate issued by a recognised medical doctor.Article 20 – Provisional appointment of a successful candidate
A successful candidate is provisionally appointed within five (5) working days counted from the date of the job offer acceptance.Article 21 – Appointment of a successful candidate
Without prejudice to the appointment of a public servant after probation period, as provided for by the law establishing general statute governing public, after assessing the recruitment report, a successful candidate is appointed when the public institution in charge of recruitment oversight has confirmed that recruitment was done in conformity with relevant laws and the employee who was provisionally appointed is the one who deserves the job position.Article 22 – Competent authority for appointment of candidates
When a vacant job position falls within the category of professional, technical and support staff, the appointment is done as follows:1ºthe Director of Cabinet in the Office of the President of the Republic appoints successful candidates;2ºthe Director of Cabinet in the Office of the Prime Minister appoints successful candidates;3ºthe Clerk in each Chamber of the Parliament appoints successful candidates;4ºthe Secretary General in the Judiciary, appoints successful candidates;5ºthe Minister appoints successful candidates in the Ministry;6ºthe Head of the Executive Organ in national commissions, specialised organs, national councils and public institutions appoints successful candidates;7ºthe Governor appoints the successful candidates at provincial level.Article 23 – Appointment of a successful candidate on permanent job position of Director of unit
A public institution submits the file of a successful candidate on a permanent job position of Director of unit to the Minister, who also submits the file for Cabinet consideration.Article 24 – Appointment of public servants to job positions at level H/2 and above
Public servants on job positions at level H/2 and above are appointed by competent authorities.Article 25 – Appointment of public servants in decentralised entities
In decentralised entities, public servants are appointed by the head of a public institution.However, the Executive Secretary and Internal Auditor of a District are appointed by the District Council. The Internal Auditor in the City of Kigali is appointed by the Council of the City of Kigali.Article 26 – Waiting list of non-appointed successful candidates
After conducting examination, an institution that was recruiting for a public servant submits to the Ministry in charge of public service, a list of non-appointed successful candidates.A successful candidate, who is not appointed, is placed on a waiting list of non-appointed successful candidates. The candidates on the waiting list are appointed in the order of merit based on marks obtained and the time of placement on the waiting list.A public institution with a vacant job position may give a job offer to a candidate on waiting list of non-appointed successful candidates.In case two (2) or more candidates placed on waiting list of non-appointed successful candidates have the same marks, priority for job offer is done in the same manner as provided for in Article 17 of this Order.A successful candidate who is not appointed remains on the waiting list of non-appointed successful candidates for a period of six (6) months.Article 27 – Submission of recruitment report
An institution that wishes to recruit a public servant submits the recruitment report to the public institution in charge of recruitment oversight within seven (7) working days after publication of final results. This does not hinder the provisional appointment of a successful candidate.The report indicates the following:1ºthe list of candidates and marks obtained for all examinations;2ºcopies of questions given and their answers in all examinations;3ºaudio visual recordings made during oral examinations;4ºdate, time and venue where examinations were conducted.Article 28 – Evaluation of recruitment report
The public institution in charge of recruitment oversight examines the recruitment report. To assess the recruitment report and provide the outcome from assessment does not exceed fifteen (15) working days counted from the date the report was received.If the public institution in charge of recruitment oversight finds that certain laws were not respected, the public institution in charge of recruitment oversight requests in writing the institution that wishes to recruit a public servant to correct any irregularities. Where necessary, the public institution in charge of recruitment oversight may require examination to be redone.Article 29 – Keeping examination records
Hard or electronic copies of written examination and audio-visual recordings made during the oral interview are kept by the institution that carried out the recruitment within six (6) months counted from the day on which the results of the examination were published.Section 4 – Placement of public servants after restructuring
Article 30 – Placement of a public servant whose job position was not changed
Performance evaluation score for placement of public servants after restructuring is at least seventy percent (70%).A public servant whose job position was not changed in terms of job level or job title remains on his or her job position if he or she fulfils the new required job profile and has the performance contract evaluation score of at least seventy percent (70%).Article 31 – Placement of a public servant whose job position was changed
A public servant whose job position was changed only in terms of job title, remains in his or her job position if he or she has required performance evaluation score and meets the new required job profile.However:1°in case the change of job title resulted in change of job profile, the job position is considered as new vacant job position open for competition if the incumbent does not meet the new required job profile;2°in case the change of job title resulted in change of job level, the job position is considered as a new vacant job position open for competition if the job level has been upgraded.Instructions of the Minister determine other modalities for placement of public servants after restructuring of public institutions.Section 5 – Modalities for appeal on recruitment process
Article 32 – Modalities for lodging an appeal
The appeal is lodged by using e-recruitment.Article 33 – Appeal on the first level
A candidate who believes that he or she is aggrieved during the recruitment process, may appeal on the first level to the institution that wishes to recruit a public servant within three (3) working days from the date on which the decision against which he or she is appealing was communicated.The institution that wishes to recruit a public servant gives a response within five (5) working days counted from the date of reception of the appeal.Article 34 – Appeal on the second level
If a candidate is not satisfied with the decision made at the first level, he or she appeals on the second level to the public institution in charge of recruitment oversight within a period not exceeding three (3) working days counted from the date of receipt of the response from the institution that wishes to recruit a public servant.The public institution in charge of recruitment oversight renders its decision within a period not exceeding five (5) working days counted from the date of receipt of the appeal.Chapter III
Induction programme
Article 35 – Induction programme and onboarding
A newly appointed or elected public servant undergoes induction and onboarding programme.Induction and onboarding programs are developed, planned, organised and implemented by the employing institution of public servant.The Ministry in charge of public service monitors the implementation of induction and onboarding programs.Chapter IV
Transitional and final provisions
Article 36 – Recruitment in progress
The recruitment in progress that started before the commencement of this Order continues to be governed by Presidential Order n° 144/01 of 13/04/2017 determining modalities for recruitment, appointment and nomination of public servants.Article 37 – Authorities responsible for the implementation of this Order
The Prime Minister, the Minister of Public Service and Labour and the Minister of Finance and Economic Planning are entrusted with the implementation of this Order.Article 38 – Repealing provision
Presidential Order n° 144/01 of 13/04/2017 determining modalities for recruitment, appointment and nomination of public servants and other prior provisions contrary to this Order are repealed.Article 39 – Commencement
This Order comes into force on the date of its publication in the Official Gazette of the Republic of Rwanda.History of this document
04 December 2020 this version
Commenced
03 December 2020
Assented to