Model of a particular statute for a body

MODEL OF PARTICULAR STATUTE OF A BODY

KRET ON THE PARTICULAR STATUTE OF THE BODY OF (TITLE OF THE BODY)

The Royal Government of Cambodia,

having seen the Constitution of the Kingdom of Cambodia;

having seen the Kret dated September 24, 1993 on the nomination of the First Prime Minister and of the Second Prime Minister of the Royal Government of Cambodia;

having seen the Kret dated November 1, 1993, on the appointment of the Royal Government of Cambodia;

having seen the Kram No. 02 NS 94 dated July 20, 1994, on the organization and functioning of the Council of Ministers;

having seen the Kret No. 1094.83 NS dated October 24, 1994, on the modification of the composition of the Royal Government;

having seen the Kret No. 1094.90 NS dated October 31, 1994, on the modification of the composition of the Royal Government;

having seen the Kret No. 0897 / 147 NS dated August 7, 1994, on the modification of the composition of the Royal Government;

having seen the Kret No. (...), on the modification of the composition of the Royal Government;

having seen Kram No. 94 NS dated October 30, 1994 on the Common Statute of Civil Servants of the Kingdom of Cambodia;

having seen the Kret No. 1297 / 273 dated December 1, 1997 on the General Principles of Organization of the State Civil Service;

upon the proposal of the Minister of (...);

the Council of Jurists having heard;

the Council of Ministers having heard;

order:
CHAPTER 1

GENERAL PROVISIONS

Article 1:

The body of (...) shall be classified in the Category (A, B, C or D: see table below) provided in Article 3 of the Kret dated December 1, 1997 on General Principles of Organization of the State Civil Service. It shall be governed by provisions of this Kret.

The Kret of December 1, 1997 replaces the prior system of Categories (A2,B1, B2, B3, B4, C1, C2, C3, C4) by a new system based on 4 hierarchical categories (A, B, C and D) corresponding to the general division of work and to the levels of degrees required for entry into the Civil Service. The criteria for classifying a body in a category are, according to Articles 3, 4 and 5 of the Kret of December 1, 1997 the following:

CATEGORY

LEVEL OF RESPONSABILITY

MINIMUM LEVEL OF EDUCATION FOR ENTRY INTO THE BODY

A

Direction or Expertise

Secondary Edu. Diploma + 4

B

Collaboration

Secondary Edu. Diploma + 2

C

Execution

Secondary Edu. Diploma

D

Non-Qualified Execution

Not Applicable

Note: These minimum degree requirements shall apply only to students presently entering the civil service. Public agents already employed shall be reclassified in the new bodies and the new categories according to the position they have without taking into consideration the minimum educational requirements. Rules concerning reclassification shall be prescribed by an anukret of the Office of the Council of Ministers.

Article 2:

This body shall be attached to the Ministry of (....)

Article 3:

The civil servants of the body of (...) shall have the primary mission to (describe succinctly the primary mission of the body).

Example 1: "Civil servants within the body of administrators shall have the primary mission to prepare and execute the policy sector of the Ministry and to provide the supervision, administration and management of the central and field services of the Ministry. They shall be called, in this respect, to assume positions of policy making, inspection, research and advice concerning administrative services of central and decentralized administrations of the State.’’

Example 2: "Public agents within the body of clerks of the court shall have the principal mission of assisting judges and to certifying jurisdictional acts, in accordance with the judicial code and particular texts. They shall either be called to undertake missions involving supervision, management, receptions and public information."

Example 3: "Technical public agents of the Ministry of the Agriculture shall be responsible for, under the authority of the civil servants within the technical bodies of Categories A and B of the Ministry, the execution of projects within their specialty, of the supervision of the field personnel as well as the follow-up and control of projects related within their specialty within the body."

CHAPTER 2

GRADES AND POSITIONS OF THE BODY

Article 4:

The body of (...) shall be comprised of 3 grades: (list here the 3 grades of the body in increasing order of importance.)

Examples: Administrator (3^rd grade), Principal Administrator (2^nd grade), Chief Administrator (1^st grade)

Engineer (3^rd grade), Principal Engineer (2^nd grade), Chief Engineer (1^st grade)

Physician (3^rd grade), Principal Physician (2^nd grade), Chief Physician (1^st grade)

Note 1: The lowest grade (grade 3) is the "recruitment grade" . All students recruited externally shall be recruited at this grade within the body. Most of public agents shall make their careers within this grade, during their professional lives, through step advancement. The 2nd and 1^st grades shall be the "grades of promotion" whose access is reserved for the best performing public agents. Such grade promotion shall be subject to certain conditions (see Article 12 of this particular statute).

Note 2: The ministries are given complete freedom concerning the titles of the grades; the terms "Principal" and "Chief" are given only as examples.

Article 5:

Civil servants in the 3^rd grade shall in particular be called upon to assume positions of: (list here the positions open to public agents in the 3^rd grade).

Example: "The civil servants in the grade of an Administrator shall in particular be called upon to assume positions of Deputy Director of Central Administration, and Director of Provincial Administration.’’

Civil servants in the 2^nd grade shall in particular be called upon to assume positions of: (list here the positions open to public agents in the 2^nd grade).

Example: ''The civil servants in the grade of a Principal Administrator shall in particular be called upon to assume positions of Director in Central Administration, Counselor, Inspector, Deputy General Inspector, and Deputy General Manager ."

Civil servants in the 1^st grade shall in particular be called upon to assume positions of: (list here the positions open to public agents in the 1^st grade).

Example: "The civil servants being at the grade of Principal Administrator shall in particular be called upon to assume positions of General Manager and General Inspector.’’

CHAPTER 3

RECRUITMENT

Article 6:

Recruitment into the body shall be undertaken through external or internal competitive entry examinations. Positions to be filled through competitive entry examinations shall be apportioned (...)% for external competitive entry examinations and (...)% for the internal competitive entry examinations.

Note 1: The percentages of public agents recruited through internal or external competitive entry examinations may vary according to the requirements of the bodies and the recruitment policies of the ministries.

Note 2: Ministries may decide, if necessary, not to include a given percentage in a particular statute and to rely upon a subsequent prakas that shall prescribe these proportions. This reliance shall provide greater flexibility in managing future recruitment. In this second case, Article 6 could be written as follows: "Recruitment in the body shall be undertaken through external or internal competitive entry examinations. The proportion of the positions filled by internal and external competitive entry examinations shall be fixed annually by a prakas of the Minister.’’

Article 7:

The external competitive entry examination is open to candidates below the age of 30 in the year the examination is given and having a degree at least equivalent to (see Articles 3, 4 and 5 of the Kret dated December 1, 1997; the particular statute may impose a specific degree).

Note 2: A particular statute for Category A requiring that all external candidates have a minimum degree equivalent to the secondary education diploma plus 6 years of studies may acquire under the same conditions a salary increase (example: recruitment for the 13^th or 12^th level of the 3^rd grade), pursuant to Article 3 of the Kret dated December 1, 1997.An internal competitive entry examination shall be open to civil servants classified at least at the 11^th step of the 3^rd grade of a body of the Category (write here the corresponding Category, see note below).

Note: If the body is classified as Category A, the internal competitive entry examination shall be open to public agents of Category B bodies. If the body is classified as Category B, the internal competitive entry examination shall be open to public agents of Category C bodies.

CHAPTER 4

PROBATIONARY PERIOD AND CONFIRMATION IN A GRADE

Article 8:

Public agents recruited through internal or external competitive entry examinations shall be appointed as trainees in (title of the body) by (kret, anukret or prakas).

Public agents recruited through external competitive entry examinations shall receive the salary corresponding to the 14^th step of the 3^rd grade of the body.

Public agents recruited through internal competitive entry examinations shall be classified in their new body at the step corresponding to the salary level immediately above the salary level in their former body.

They shall be subject to a probationary period whose duration shall be as follows: (i) 12 months for public agents recruited through external competitive entry examinations, (ii) 6 months for civil servants recruited through internal competitive entry examinations.

At the end of the probationary period, the public agents referenced in points (i) and (ii) above shall either be confirmed in the 1st grade of the body or, in exceptional cases, authorized to undertake a supplementary probationary period for a maximum period of (...) months. Public agents that fail the supplementary probationary period shall be dismissed if they are students, or reintegrated into their body of origin if they are civil servants. The decisions described above shall be made by (kret, anukret, or prakas).

Note 1: The particular statute may, if necessary, impose an initial training requirement during the probationary period.

Note 2: Pursuant to Article 16 of the Common Statute of Civil Servants, a civil servant promoted from a lower body, through a competitive entry examination, to a higher body within the same Ministry may be exempted from the training period requirement.

Public agents confirmed in a grade shall automatically receive a step increase. Such an increase shall come into effect on the date of execution of the grade confirmation by (kret, anukret, or prakas).
CHAPTER 5

NOMINATION

Article 9:

Once confirmed in a grade, civil servants shall be appointed to a vacant position within the Ministry corresponding to their grade by (kret, anukret or prakas).

See Articles 14, 15 and 28 of the law dated July 20, 1994, on the organization of the Council of Ministers.

CHAPTER 6

STEP INCREASES AND GRADE PROMOTIONS

Article 10:

The 3rd, 2nd and 1st grades of the body shall have 14, 10 and 6 steps, respectively. Salary levels relating to the steps of each grade of the civil service bodies shall be determined by anukret.

Article 11:

The public agents shall receive steps increases according to the provisions of Articles 20, et seq., of the Common Statute of the Civil Service.

Article 12:

Civil servants shall be subject to promotion to the 2^nd grade of the body the civil servants after having reached the 11^th step of the 3^rd grade of the body. Civil servants shall be subject to promotion to the 1^st grade of the body the civil servants after having reached the 7^th step of the 2^nd grade of the body.

Grade promotion shall be subject to the existence of vacancies within the grade. It shall be undertaken either through the nomination on a grade promotion list, through long-term training at a university or a training center recognized by the Ministry, or by professional competitive entry examinations. A (kret, anukret or prakas) of the Minister shall determine each year the number of vacant positions in each grade and shall set out the number of positions available through a nomination on a grade promotion list, long-term training or professional competitive entry examination.

Each Ministry shall be free to choose the most appropriate means of grade promotion for each grade. The Ministry shall clearly describe in this Article the applicable procedures for undertaking each kind of promotion and in particular: procedures for establishing the grade promotion lists, kinds of training and schooling necessary for grade promotion, conditions for participation in the professional competitive entry examinations, etc. ....

The chart below shows the interrelationship between grades and steps and illustrates the career possibilities of a public agent.

One can see, by referring to the diagram above, that all public agents shall advance through 14 levels in 28 years:

A "typical’’ public agent, entering the body through external means at the 14^th step of the3rd grade shall make his/her career in this 3^rd grade by receiving regular step increases, and thereby a higher salary every 2 years. Since the 3rd grade has 14 levels, he/she shall advance over a period of 28 years.

A "meritorious public agent’’ shall make his/her career as follows: 4 steps in the 3^rd grade, and 10 steps in the 2^nd grade.

A ‘’very meritorious public agent’’ shall make his/her career as follows: 4 steps in the 3^rd grade, 4 steps in the 2^nd grade, and 6 steps in the 1^st grade.

CHAPTER 7

PROVISIONS SPECIFIC TO THE BODY

Article 13:

Schedule of benefits and compensation specific to the body; for example, the teaching allowance .

Article 14:

Obligations of or specific constraints on the public agents of the body; for example, the prohibition against public works engineers participating in public works bids, etc...

Article 15:

Disciplinary guidelines relating to public agents of the body, in accordance with Chapter V of the Common Statute of Civil Servants and the Anukret concerning discipline.

Article 16:

Possible schedule of on-the-job training of the public agents of the body, providing for the training rights or obligations during their career. A particular statute may, as a precondition to the nomination for a given job of the body, specify training. For example: "Only public agents of the body having attended an administrative training session at the L'Ecole Royale d'Administration may be appointed to a position of Department Chief."

Article 17:

Possible exceptions to the retirement regime for public agents over the age of 55, pursuant to Article 54 of the Common Statute of Civil Servants.

Note: Provisions described in Articles 13 to 17 are only given for illustrative purposes; ministries have complete freedom to insert any other provision specific to the body, provided that there is no conflict with provisions of the Common Statute of Civil Servants.

CHAPTER 8

TRANSITORY PROVISION

Article 18:

The initial personnel of the body shall be installed through the integration of civil servants currently serving and effectively working in the central administration or in field services associated to the body. Procedures of the reclassification of these public agents in the body shall be specified by an anukret of the Office of the Council of Ministers.

The Kret of December 1, 1997 replaces the prior system of Categories (A2,B1, B2, B3, B4, C1, C2, C3, C4) by a new system based on 4 hierarchical categories (A, B, C and D) corresponding to the general division of work and to the levels of degrees required for entry into the Civil Service. The criteria for classifying a body in a category are, according to Articles 3, 4 and 5 of the Kret of December 1, 1997 the following:
CATEGORY	LEVEL OF RESPONSABILITY	MINIMUM LEVEL OF EDUCATION FOR ENTRY INTO THE BODY
A	Direction or Expertise	Secondary Edu. Diploma + 4
B	Collaboration	Secondary Edu. Diploma + 2
C	Execution	Secondary Edu. Diploma
D	Non-Qualified Execution	Not Applicable
Note: These minimum degree requirements shall apply only to students presently entering the civil service. Public agents already employed shall be reclassified in the new bodies and the new categories according to the position they have without taking into consideration the minimum educational requirements. Rules concerning reclassification shall be prescribed by an anukret of the Office of the Council of Ministers.