TRANSFER GUIDELINES TRANSFER GUIDELINES FOR MINISTRY OF HEALTH

Transcription

1 TRANSFER GUIDELINES June 2012 TRANSFER GUIDELINES FOR MINISTRY OF HEALTH

2 Contents FOREWORD 4 Interpretations Background Objectives Definition of transfer Conditions of transfer Types of transfer Voluntary transfer Swapping Transfer on medical grounds Transfer on appointment to advertised position Involuntary transfer Transfer on promotion Transfer after training 8 2 TRANSFER GUIDELINES FOR MINISTRY OF HEALTH 2012

3 5.3 Redeployment Authority to transfer Transfer Guidelines Transfer notification Duty Station Duration of stay in a duty station Transfer allowance Transportation Rules and Regulations Appeals OBLIGATIONS Employer s obligations Employee s Obligations How to operationalise transfer guidelines 11 TRANSFER GUIDELINES FOR MINISTRY OF HEALTH

4 MINISTRY OF HEALTH FOREWORD TRANSFER GUIDELINES The Transfer Guidelines have been reviewed to ensure effective and efficient utilization of human resources. These guidelines serve as a reference tool to ensure consistency and fairness in the management and coordination of appointments, transfers and redeployment of officers to serve in different facilities across the country. It is anticipated that the guidelines will act as a tool that assures all employees fair treatment. The procedures in these guidelines are based on the existing Government rules and regulations governing transfers. However, the guidelines also present new concepts and practices that will improve the system. I have no doubt that the Ministry of Health employees charged with responsibility of implementing these guidelines will appreciate their relevance to the provision of efficient health delivery services in our country. These transfer guidelines shall apply to all employees of Ministry of Health and in the event of conflicting view, the Public Service Act, Director of Public service Management Directives and Circular Savingrams shall take precedence. K.C.S Malefho Permanent Secretary 4 TRANSFER GUIDELINES FOR MINISTRY OF HEALTH 2012

5 Interpretations In these guidelines unless the context otherwise requires, the following interpretations will apply: Permanent Secretary means the holder of the public office of that designation responsible for the supervision of a Ministry (Administrative Head of the Ministry) Head of Department means the administrative Head of a Department in the Ministry of Health Duty station means the place of work of an employee. Remote area means any duty station, which has no or very few basic facilities and or is far from areas with such facilities (as determined by the Remote Area Service Allowance (RASA) parametres from time to time) Employer means the government in respect of all Ministry of Health employees Employee means any person who has entered into contract of employment with the employer Posting means the placement of an employee on first appointment on any geographical location within the Ministry, Department or District. Redeployment means moving an employee from one Department/ Division to another without necessarily changing duty stations. Transfer means the movement of an employee from one Department/District to another or within the district with or without an adjustment to his or her salary. Involuntary transfer means a transfer initiated by the Appointing Authority. Voluntary transfer means a transfer initiated by the employee, including transfer on swapping basis, Departmental transfers and appointment to advertised positions. Transfer allowance means the packaging allowance payable to employees on transfer, where it involves physical relocation of personal effects. TRANSFER GUIDELINES FOR MINISTRY OF HEALTH

6 1.0 Background The Ministry of Health exists to provide comprehensive quality health services to the nation. In that regard employees are posted and transferred to various parts of the country to meet the exigency of the service. The challenge facing the employer, among others, is officers who refuse transfers to certain areas where their services are mostly needed. It is on the basis of the above background that the Ministry of Health found it imperative to develop transfer guidelines. Transfers will facilitate optimally utilization of human resources. There will also be consistency when implementing the guidelines and in a way improve employee s morale. The current provisions on transfers under Public Service Regulations do not adequately address challenges such as inconsistency in the application of transfer guidelines, employees staying in the same duty station for a long time. The inadequacies of the current transfer provisions contribute to compromised service delivery. These inconsistencies call for review of transfer guidelines. 2.0 Objectives 1. To rationalize and promote optimal utilization of the human resources. 2. To outline procedure to be followed when transferring officers with a view to ensure that transfers, redeployments and postings are done in a transparent manner. 3. To take into consideration employees welfare when transferring them without necessarily compromising service delivery. 4. To guard against keeping employee in one duty station more especially in remote areas for longer periods except where it is an employee s choice. 2.1 Definition of transfer In accordance with General Order 12 transfer refers to when an officer is moved from a post in a Ministry or Department to a post on comparable grade in any other Ministry or Department in the interest of the Public Service. On the other hand General Order 13 refers to posting as movement of an officer from one post to another in the same Ministry or Department in circumstances not involving promotion hence may be used interchangeably with transfer. Closely related to the above; transfers in the context of these guidelines refer to movement of an employee from one public office within the same Ministry/ Department and from a district to another or within a district with or without any adjustment of salary. 3.0 Conditions of transfer Transfer will primarily be effected to meet the exigencies of the public service. 1. All public service employees are transferable. 2. A transfer may be initiated by either the Appointing Authority (involuntary) or the employee (voluntary). 3. Transfer of employees shall be effected subject to availability of vacant posts at the new duty station. 6 TRANSFER GUIDELINES FOR MINISTRY OF HEALTH 2012

7 4. Transfers may be effected where an employee is promoted to a post that is tenable outside their present duty station. 5. Employees may be transferred after completion of their in-service training; basing on their acquired qualifications and skills. 6. The ministry shall keep a comprehensive transfer record/ list of employees for reference and to ensure transparency in effecting transfers. 4.0 Types of transfer 4.1 Voluntary transfer This is a transfer initiated by the employee due to personal/social circumstances. 4.2 Swapping When officers of the same cadre and salary scale, and with the same qualifications for the position agree to swap duty stations. This may be considered by management treating each case on its own merit provided service delivery is not affected. An employee is allowed four (4) chances of voluntary transfer at a minimum of two (2) years interval during his/her service as a Government employee (including requests for Departmental transfers) except in exceptional circumstances. 4.3 Transfer on medical grounds Transfer may be effected due to ill health of an officer or family member. An officer may request to be transferred on medical grounds as well. This transfer is dependent upon valid supporting documentation from a recognized medical practitioner which will include a medical report and doctor s recommendation. Medical Certificate from Traditional Doctor s, Healers etc shall not be accepted for the purposes of transfer. Assessment by Social Workers would be of help in Social welfare situations such as illness of the employee s spouse/child/dependants or being the sole caretaker of elderly parents. 4.4 Transfer on appointment to advertised position An employee may be moved as a result of appointment following advertised position.. TRANSFER GUIDELINES FOR MINISTRY OF HEALTH

8 5.0 Involuntary transfer This is a transfer initiated by the employer due to the exigency/demand of service. The exigencies of service shall include all efforts intended to assist the Ministry or Department realise its mandate. 5.1 Transfer on promotion A transfer may be triggered by a promotion to a post that is tenable outside an officer s present duty station. Upon accepting a promotion on transfer, one will be required to stay at the new station for at least (2) years before swapping or asking for a transfer. When an officer accepts a promotion that is tied to a transfer, automatically she/he accepts the transfer. No salary changes relating to the new positions will be effected until the officer reports to his/her new duty station. Officers who decline promotions for posts tenable in rural areas and have never worked in rural areas should not be promoted for at least two (2) years. There should be coordination and communication between Departments about the transfer of officers. 5.2 Transfer after training Officers may be transferred after completion of their training depending on the needs of the Ministry, Department or division. 5.3 Redeployment This involves moving an employee from one department/division/unit to another without necessarily changing duty station. 6.0 Authority to transfer Authority to transfer, post, or redeploy employees on D1 scale and above shall be vested upon the Permanent Secretary while the employees on D2 salary scale and below shall be the responsibility of the Departmental Heads. Inter-department transfers shall be approved by the permanent Secretary. 7.0 Transfer Guidelines The following shall be observed when effecting transfers: 7.1 Transfer notification The appointing authority shall notify an employee of the intention to transfer him/ her in writing at least (3) months where practicable and depending on the exigencies of the service. The letter of transfer should have the location of which the employee is transferred, effective date of transfer, whether on promotion or not, the date on which 8 TRANSFER GUIDELINES FOR MINISTRY OF HEALTH 2012

9 to make representation to management. The employee shall make representations within fourteen (14) calendar days of receipt of letter before making final decision on the transfer. In the event that the period given to make representation lapses before representation is received, the Appointing Authority would effect transfer. When making the representation the employee should provide valid proof and supporting documents for the representation submitted. Where possible, mass transfers should be effected in December to ensure that there are no adverse effects on school going children. 7.2 Duty Station When considering transfers, the employee s previous duty stations should be taken into account so as to avoid a situation where an officer changes duty stations in one region or district. For instance, where possible a situation where an officer s movements are urban areas only whereas for others it is remote areas only should be avoided. Consideration of transfers of employee from RASA earning areas to non-rasa earning areas should be done in rotational basis depending on length of service of an employee in a RASA earning area giving priority to those who have served longer. Transfer may be considered on the basis of reasonable and justifiable social circumstances presented by the employee provided service delivery is not affected. For instance, there is a need to minimise effecting transfers, which have an effect of separating spouses. An employee shall report at the new duty station on the effective date of the transfer. Where an employee queries a transfer, he/she shall do so by writing to the Appointing Authority within fourteen (14) days of receipt of the letter through the normal channels of the transfer. The Appointing Authority shall ensure that such appeals are attended to before the effective date of transfer. Any further appeal shall not stop the employee from reporting and assuming duty at the new duty station on the expected date. 7.3 Duration of stay in a duty station An employee based in a District shall stay for a period not less than five (5) years and in a facility within a district will not be less than two (2) years. However, where an employee in remote area chooses to stay after maximum period, his/her request should be considered. The duration of stay at any duty station shall be guided by the following factors among others: 1. Demands of service 2. Principle of equity amongst officers on the same grade. 3. Position or level of responsibility 7.4 Transfer allowance 1. A transfer allowance will be payable to all officers who are transferred from one duty station to another. TRANSFER GUIDELINES FOR MINISTRY OF HEALTH

10 2. A transfer allowance will be paid by the station from which the officer is being transferred to in accordance with the provisions of General Orders. An officer on voluntary transfer is eligible for half of the transfer allowance and those on involuntary transfer where there is physical relocation of personal effects will be entitled to transfer allowance at full rate and Heads of Departments should ensure that allowance is processed prior to the employees relocation. 7.5 Transportation An officer transferred from one duty station to another will be entitled to official transport including members of his/her family, subject to the provisions of the General Orders. If the officer wishes to use his/her own vehicle, he/she shall seek permission to do so from the Director/head of facility and upon approval shall be entitled to claim kilometres allowance in accordance with the provisions General Orders. 8.0 Rules and Regulations Any case involving transfer which has not been covered by these guidelines should be dealt with under the provisions of the Public Service Act, conditions of service for public employees and Circulars/Directives issued from time to time by the Permanent Secretary to the President and or Director of Public Service Management. Where there are conflicts between these guidelines and Government Regulations, the Government regulation will prevail. 9.0 Appeals Where an employee feels aggrieved by the decision of the Head of Department he/ she has the right to appeal to the following in this order: o Head of Department o Permanent Secretary o Director of Public Service Management o Permanent Secretary to the President However, an employee should appeal the decision within 14 days from the date of receipt of the transfer letter while she/he is in the new duty station so that the service delivery is not compromised. 10 TRANSFER GUIDELINES FOR MINISTRY OF HEALTH 2012

11 10.0 OBLIGATIONS 10.1 Employer s obligations The employer is obliged to: 1. Notify an employee within the time frame (3 months, where possible). 2. Provide the employee, his family and household effects with appropriate transport (rail/road) to the new duty station in accordance with Public Service Act and General Orders. 3. All institutions should assist the officer to pack and unpack by providing labourers. 4. Provide insurance cover to indemnify an employee and his/her family against any loss or damage to their household effect while being transported to the new duty station. 5. Provide for any transfer benefits or entitlements as may be determined by the Director of Public Service Management from time to time. 6. Ensure that proper handing over is done before the officer leaves on transfer Employee s Obligations The employee is obliged to: 1. Ensure that proper handing over is done before leaving the station. 2. Prepare an inventory of his or her loaded property and submit to the Appointing Authority in advance of journey for purposes of insurance. 3. Ensure that his/her transported property is well packed and loaded accordingly. 4. Report to the Appointing Authority any damage made to the transported property within one month from the date of transfer How to operationalise transfer guidelines Establish transfer committees in departments and facilities Should be chaired by Head of Department/facility Not more than 3 members including the chairperson, one of them being Head of Corporate Services or Administration The committee should meet once per quarter TRANSFER GUIDELINES FOR MINISTRY OF HEALTH

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