S.L. 595.42 Art. 8The employees of the Agency. Cap. 452.

(1) From the appointed date:

(a) the employees of National Orchestra Limited shall become employees of the Agency under the same terms and (ESTABLISHMENT)

conditions as existant on the appointed date;

(b) the employment contracts and collective agreements concluded by National Orchestra Limited, and which are still active and valid on the appointed date, shall remain in force as if these contracts had been concluded by the Agency; and

(c) contracts of service concluded by National Orchestra Limited with musicians of the National Philharmonic Orchestra, and which are still active and valid on the appointed date, shall remain in force as if these contracts had been concluded by the Agency.

(2) All employees of the Agency shall be considered as employees of the Agency from the appointed date in terms of article 38 of the Employment and Industrial Relations Act.

(3) Without prejudice to the provisions of the Constitution, any other law applicable thereto, and without prejudice to the other provisions of this order and any applicable directives, the appointment of employees of the Agency who are necessary for the proper and effective performance of its functions, shall be made by the Agency itself, with that remuneration and under those terms and conditions which may be determined by the Agency.

(4) (a) In accordance with the provisions of the Act and with the approval of the Prime Minister, the Agency may request from time to time and after consultation with the Minister, that any public employee shall be detailed for duty with the Agency in such capacity and with effect from such date as may be specifically requested, agreed or approved.

(b) For the time when a public officer is detailed for duty with the Agency, while he is under the administrative direction and control of the Agency, he shall remain and retain all the rights and obligations of a public officer, and for the purposes of any law relating to pensions for service with the Government, service with the Agency shall be regarded as service with the Government:

Provided that in assessing the pensionable emoluments of such officer for the purposes of any law relating to government service pensions, no account shall be taken of any allowances, bonuses or gratuities paid to such officer by the Agency in excess of what he is entitled to as a public officer:

Provided further that, during the time he is so detailed to perform duties with the Agency, his terms and conditions of service shall not be less favourable than those which are attached to his appointment with the Government during the period aforesaid, and such terms and conditions shall not be deemed to be less favourable because they are not in all respects identical or superior to those enjoyed by the officer concerned at the date of such detailing, if in the opinion of the Prime Minister such terms and conditions, taken as a whole, offer substantially equivalent or greater benefits.

(c) The Agency shall use the salary and grading structure adopted by the Council:

Provided that no position shall be classified in a grade higher than Grade three (3) of the service with the Government or any other grade that the Minister responsible for finance may from time to time by notice in the Gazette establish.