Rechtsbibliothek und Fallanalyse · Österreich · Belgien · Europäische Union
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Cap. 646 · Health And Safety At Work Act (Cap. 646)

Cap. 646 Art. 33Offers of permanent employment with the Authority to public officers detailed for duty with the Authority.     Cap. 93. Cap. 58.    Cap. 58.     Cap. 93.

PART VIII

In KraftAmtlicher Text

(1) The Authority may, with the approval of the Prime

Minister, offer to any public officer detailed for duty with the

Authority in terms of article 31 permanent employment with the

Authority at a remuneration and on terms and conditions not less favourable than those enjoyed by such public officer at the date of such offer.

(2) The terms and conditions comprised in any offer in terms of sub-article (1) shall not be deemed to be less favourable merely because they are not in all respects identical with or superior to those enjoyed by the public officer concerned at the date of such offer, if such terms and conditions taken as a whole, in the opinion of the Prime Minister, offer substantially equivalent or greater benefits.

(3) Every public officer who accepts an offer of permanent employment with the Authority shall, for all purposes other than those of the Pensions Ordinance and of the Widows’ and Orphans’ Pensions

Act, be deemed to have ceased to be in service with the Government and to have entered into service with the Authority on the date of such acceptance, and for the purposes of the Pensions Ordinance and of the Widows’ and Orphans’ Pensions Act, so far as applicable to such public officer, service with the Authority shall be deemed to be service with the Government within the meanings thereof respectively.

(4) Every such public officer who, immediately before accepting permanent employment with the Authority, was entitled to benefit under the Widows’ and Orphans’ Pensions Act, shall continue to be so entitled to benefit as if service with the Authority were service with the Government.

(5) The Authority shall pay to the Government such contributions as may from time to time be determined by the Minister responsible for finance in respect of the cost of pensions and gratuities earned by a public officer who has accepted permanent employment with the Authority during the period commencing on the date of such acceptance by the public officer.

(6) (a) For the purposes of this article, the posts and salary grades with the Authority shall be classified in the most nearly corresponding grades and incremental levels in the service of the Government by reference to job description, skills, responsibilities and other analogous factors.

(b) The classification referred to in paragraph (a) shall be carried out by a Board composed of a Chairperson appointed by the Minister responsible for finance and two (2) other members, one (1) of whom appointed by the Ministry responsible centrally for personnel policies in the public service and the other appointed by the Authority. The classification shall be subject to the final approval of the Minister responsible for finance.

(c) Such classification shall take place within three (3) months of any adjustment of salaries of employees in the Government service and, or of employees of the Authority.

(d) No post shall be classified in a grade higher than that of grade three (3) in the service of the Government or such other grade that the Minister responsible for finance may from time to time by notice in the Gazette determine.

(e) Without prejudice to the provisions of article 113 of the

Constitution no person may, following a classification as provided for in this article, be entitled to rights under the Pensions Ordinance less favourable than those to which such person would have been entitled prior to such classification.