Cap. 10:31
19
PUBuc
EN11TIES CoRPORATE GovERNANCE
No. 4/2018
Conditions of service of senior staff of public entities
(1) The conditions of service of chief executive officers and other senior staff
members of public entities shall(a) be fixed by the boards of the entities concemed at properly constituted
meetings; and
(b) be consistent with the staff members' performance contracts; and
(c) specify clearly any terminal benefits to which the staff members are
entitled; and
(d) be recorded fully in the minutes of the meetings at which the conditions
are fixed.
(2) For the purpose of ensuring that, so far as is practicable, conditions of service
fixed for chief executive officers and other senior staff members of public entities are(a) fair and appropriate, due regard being had to their qualifications and
experience and the functions they are expected to perform; and
(b) reasonably consistent as between different public entities;
the Minister, may formulate model service conditions applicable to chief executive
officers and senior staff members of all public entities or any particular class of such
entities.
(3) In formulating model service conditions in terms of subsection (2), the
Minister shall, through the line Ministers concerned, consult the heads of line 1v1inistries
concemed and shall pay due regard to(a) the capacity of the public entities concerned to comply with the conditions;
and
(b) conditions applicable to senior employees of well-managed companies
and other entities of similar size that perfonn similar functions in the
ptivate sector; and
(c) the need to ensure that the public entities concerned cany out their
operations economically without sacrificing their efficiency and
effectiveness.
(4) The Minister shall not formulate model service conditions that are
inconsistent with this Act or the enabling instruments of the public entities concemed.
(5) The Minister may from time to time amend or replace model service
conditions, and subsections (1) to (4) shall apply, with any necessary changes, to any
such amendment or replacement.
(6) As soon as possible after formulating, amending or replacing any model
service conditions in terms of this section, the Minister shall, after obtaining Cabinet's
approval, keep a copy of the model service conditions and of any amendment or
replacement(a) at the Minister's offices, where it may be inspected by members of
the public, free of charge, at all reasonable times during the Minister's
business hours; and
(a) available in electronic fom1 for inspection by members of the public on
the website of the Ministry and the Unit.
(7) When fixing the service conditions of a chief executive officer or senior
staff member of a public entity, a board shall not, without the line 1viinister 's written
approval given in accordance with subsection (9), depart from any applicable model
service conditions formulated in terms of tllis section.
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