s.42Basis of employment of staff
42
Section 42Part 7 — Personnel Arrangements for Staff

Basis of employment of staff

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All staff of a civil service entity shall be employees of the government and employed on the basis of an employment agreement prepared in accordance with personnel regulations and the agreement shall include the remuneration and other terms and conditions agreed under section 43.
Where a staff member is dismissed, retired early on medical grounds, retired to improve the organisation or employment is otherwise terminated (in accordance with section 44), the staff member's employment by the government is terminated concurrently.
Where a civil servant applies for and is appointed to a position in a new civil service entity, the civil servant shall continue as an uninterrupted employee of the government but the tenure and other terms of conditions of employment of the civil servant shall be determined by the chief officer of the new civil service entity as part of the appointment process and in accordance with section 43.
Except as provided in subsection (5), where a civil servant is transferred —
under section 20 or 20A from one civil service entity to another civil service entity; or
under section 41(14A) from one position in a civil service entity to another position in the same or a lower remuneration band, in the same civil service entity or between civil service entities,
the civil servant shall continue to be an uninterrupted employee of the government and the tenure and terms and conditions of the civil servant's employment shall be unaffected by the transfer of the civil servant and the transfer shall substantively and procedurally comply with the personnel regulations.
The tenure, and terms and conditions of employment of a civil servant who has been transferred may, after a period of two years from the date of transfer, be renegotiated with the chief officer upon the instigation of the chief officer or the staff member with a view to making them more favourable or less favourable, as the case may be, and for that purpose section 43 will apply.

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