Section 40. Uniforms of civil officials and rules on wearing
uniforms shall be governed by the laws and rules pertaining thereto.
Section 41. Gratuities and pensions for civil officials shall be
governed by the laws pertaining thereto.
TITLE IV
CIVIL SERVANTS
Chapter 1
Organization of Civil Servants
Section 42. The organization of civil servants under this Act
shall take into account the following merit system:
(1) the admission of a person for instatement to the government
service and appointment to a position shall take into account the knowledge
and competence of persons, equality, fairness and interests of the government
service;
(2) the human resource management must take into account the
end-result and efficiency of the organization and the nature of work without
unfair discrimination;
(3) the consideration of merit, promotions and conferment of
other benefits to officials must be carried out fairly through considerations of
work products, capacities and behaviors, and political views or political party
affiliations shall not be taken into consideration;
(4) disciplinary proceedings must be carried out justly and
without prejudice;
(5) the human resource management must be politically
impartial.
Section 43. Civil servants have the liberty to assemble as a
group as provided in the Constitution, provided that such assembly does not
affect the efficiency of national administration and continuity of public services
and must not have a political objective.
The rules, procedures and conditions for assembly under
paragraph one shall be as prescribed by Royal Decree.
Chapter 2
Position Classification and Payment of Salaries and Position Allowances
Section 44. Apart from the positions prescribed by the law on
national administration, the Ministry CSSC may prescribe positions with other
titles for the benefit of work administration, which such prescription shall be
notified to the CSC.
Section 45. There are 4 categories of civil servant positions, as
follows:
(1) executive positions, namely heads of government agencies
and deputy heads of government agencies at ministerial and departmental
levels and other positions prescribed by the CSC as executive positions;
(2) managerial positions, namely heads of government agencies
at levels lower than departments and other positions prescribed by the CSC as
managerial positions;
(3) knowledge worker positions, namely positions which require
holders of bachelor degrees as prescribed by the CSC for performing duties in
such positions;
(4) general positions, namely positions which are not executive
positions, managerial positions and knowledge worker positions, as prescribed
by the CSC.
Section 46. There shall be the following levels for civil servant
positions:
(1) executive positions shall have the following levels:
(a) primary level;
(b) higher level;
(2) managerial positions shall have the following levels:
(a) primary level;
(b) higher level;
(3) knowledge worker positions shall have the following levels:
(a) practitioner level;
(b) professional level;
(c) senior professional level;
(d) expert level;
(e) advisory level;
(4) general positions shall have the following levels:
(a) operational level;
(b) experienced level;
(c) senior level;
(d) highly skilled level.
The determination of position categories and position levels shall
be made pursuant to rules prescribed by CSC Regulation.
Section 47. The determination of civil servant positions in
specific government agencies, the numbers and categories of civil servant
positions, as well as the class series and levels thereof shall be as prescribed by
the Ministry CSSC, which prescription must take into account efficiency, effectiveness, non-overlap and economy as primary considerations, in
accordance with rules and procedures prescribed by the CSC and which must
comply with the class specifications prescribed under section 48.
Section 48. The CSC shall draw up class specifications by
classifying positions into categories and class series according to the nature of
work, and placing positions of the same category and class series requiring
approximately the same quality of work into the same level. In this regard,
account must be taken of the characteristics of the duties, responsibilities and
qualities of works.
In the class specifications, the titles of positions in the class
series, primary duties and responsibilities and qualification requirements shall
also be specified.
Section 49. Subject to the law on national administration, a
position in charge of civil officials in any government agency or agency, in any
capacity, shall be as prescribed by the supervising official authorized to make
an instatement order under section 57 by means of a letter pursuant to rules
prescribed by the CSC.
Section 50. Civil servants shall receive salaries pursuant to each
position category as stipulated in the schedule of salary scale for civil servants
annexed to this Act.
The amount of salary payable to a holder of any position
category, class series and level under the schedule of salary scale for civil
servants shall be as prescribed by CSC Regulation.
Civil servants may receive position allowances in accordance
with the schedule of position allowances for civil servants annexed to this Act
pursuant to the rules and conditions prescribed by the CSC.
The rate of position allowance payable to a holder of any position
category, class series and level under the schedule of position allowances for
civil servants annexed to this Act shall be as prescribed by CSC Regulation.
Position allowances under this section shall not be regarded as
salaries for the purpose of calculating gratuities and pensions under the law on
official gratuities and pensions.
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