LCQ2: The Government's control and management measures at different levels regarding Non-Civil Service Contract Staff Scheme
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    Following is a question by the Hon Lau Chin Shek and an oral reply by the Secretary for the Civil Service, Mr Joseph W P Wong, on the Government's control and management measures at different levels regarding the Non-Civil Service Contract Staff Scheme(NCSC Scheme) in the Legislative Council today (December 14):

Question:

     The non-civil service contract (NCSC) staff scheme was introduced in 1999 to enable Heads of Departments (HoDs) to employ staff on fixed term contracts outside the civil service establishment, to meet service needs that were short-term or did not require keeping staff on a long-term basis, or required staff on a part-time basis, or where the mode of delivery of the service was under review or likely to be changed. However, I have learnt that many NCSC employees have been employed in the same posts for over three consecutive years. In this connection, will the Government inform this Council:

(a)  whether the scope of the scheme will be changed; if so, of the details; if not, how the Government changes the situation in which employment on a consecutive basis is inconsistent with the original purposes of the scheme;

(b)  of the measures to prevent abuse of the scheme by HoDs;

(c)  whether it will consider changing the NCSC posts which have long-term needs to posts in the civil service establishment?

Reply:

Madam President,

     The Non-Civil Service Contract Staff Scheme, introduced in 1999, aims to provide Heads of Department (HoDs) with a flexible means to employ staff on fixed term contracts outside the civil service establishment to meet service needs which are short term or time-limited, seasonal, part-time, under review or likely to be changed. There are detailed guidelines on the scope, terms of employment, remuneration package and recruitment procedures, etc. for HoDs to follow in the employment of NCSC staff. HoDs have full discretion to decide on the appropriate employment packages for their NCSC staff subject to the guidelines of the Scheme.

     Against the above background, my replies to the specific questions are as follows:

(a)  As mentioned above, detailed guidelines on the scope of the NCSC Scheme have been set out for HoDs to follow in the employment of NCSC staff including the duration of each contract up to three years. Due to the different nature of the NCSC jobs required, some NCSC staff may be employed for a period longer than three years upon contract renewal, but such employment is still within the scope of application of the NCSC Scheme where it is to meet needs that are short-term or time-limited, seasonal, part-time, under review or likely to be changed.

     Short-term or time-limited jobs include jobs in the Buildings Department for clearing backlog cases in unauthorized building works. For NCSC staff who are employed to meet service needs which are seasonal, examples include temporary lifeguards employed during the swimming seasons and those employed by the Inland Revenue Department to cope with the workload of the annual bulk issue of tax returns.

     NCSC staff may also be employed to meet service needs that only require staff on a part-time basis, e.g. part-time Contract Workers and Contract Sorting Office Assistants employed by the Hongkong Post for sorting, loading and unloading mails. Due to their working hours are less than the normal working hours of civil servants of comparable rank (i.e. 45 hours per week), it would not be necessary and appropriate to create permanent posts for this purpose.

     NCSC staff may also be employed where the service needs are under review or likely to be changed. For example, Land Registry is introducing a central registration system and launching a new Integrated Registration Information System by phrases. Pending the long-term arrangements for delivery of service, NCSC staff are employed to meet service needs that may change in the long run. Furthermore, NCSC staff may also be employed to provide departments operating as trading funds such as the Hongkong Post and the Electrical and Mechanical Services Department with the much needed flexibility in adjusting staffing levels and staff mix to cope with the business fluctuations, which is essential to their financial viability. In certain departments like Radio Television Hong Kong and Office of the Telecommunications Authority which need to tap the latest expertise in the market to meet the special and changing business and operational needs of the departments, the NCSC Scheme has offered them with a flexible and effective means to employ suitable staff with the appropriate contract duration and to adjust staff level in accordance with their business situation.

     Overall speaking, employment of NCSC staff by departments is in compliance with the policy stipulated and within the scope of the NCSC Scheme. The NCSC Scheme has provided departments with flexibility in sourcing manpower to supplement civil service establishment to meet service needs. While we will continue to monitor the implementation of the Scheme and make adjustments whenever necessary, we have no plan to change the scope of the Scheme at this stage.

(b)  Apart from setting out detailed guidelines on NCSC employment, we have put in place control and management measures at different levels:

(i)  At the departmental level, the employment of NCSC staff must be approved by a directorate officer with delegated authority from HoDs and there should be a directorate officer not below the Directorate pay scale of D2 equivalent to control and monitor the implementation of the NCSC scheme. This is to ensure that adequate attention by an officer at a sufficiently senior level is given to the consideration of the need for employment of NCSC staff and to ensure that the employment is in compliance with the policy and guidelines of the Scheme.

(ii)  We have asked bureaux to monitor the employment of NCSC staff and the re-deployment of common grade officers among departments under their respective purview.

(iii)  For the purpose of overall monitoring of the implementation of the NCSC Scheme, Civil Service Bureau collect statistics from departments on the general information of NCSC staff as at June 30 and December 31 each year. Based on the information gathered, we would introduce, where necessary, adjustments to the existing guidelines so as to enhance the implementation of the Scheme. For instance, in August this year, we issued further advice to HoDs on strengthening the administrative and management arrangements for employment of NCSC staff, which include (a) encouraging HoDs to avoid offering short contracts, say three or six months, if the operational needs justifies a longer term employment; (b) providing adequate notice to NCSC staff in case of non-renewal; and (c) providing relevant training including orientation programmes and job-related training to NCSC staff to help them "blend" in with their departments and to better equip them for the discharge of their duties.

     We will remain vigilant on the utilization of the scheme and continue to introduce appropriate measures to ensure the optimal use of human resources in the civil service and good employment practice for NCSC staff.

(c)  Although the general recruitment freeze is at present in force, if it is justified that for certain jobs civil servants instead of NCSC staff are needed to meet certain long-term service needs, departments may seek exemption from the general recruitment freeze to proceed with open recruitment for filling of civil service posts. Existing NCSC staff may apply for the posts together with other outside applicants and following a selection process, if selected, be appointed on civil service terms. For example, NCSC staff have been employed by Food and Environmental Hygiene Department to perform duties relating to pest control. After review, the department has confirmed that additional 14 civil servants are needed to carry out part of the service needs which are of a long-term nature. As a result, approval has earlier been given for the department to conduct an open recruitment for filling civil service posts in the Pest Control Officer and Pest Control Assistant grades. Both existing NCSC staff employed by the department and outside candidates may apply and compete for these posts.

Ends/Wednesday, December 14, 2005
Issued at HKT 12:10

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