III. Policy Context
A. Classification of Civil servant in Timor-Leste
Both permanent and non-permanent civil servants fall under the category of "public servants," having the right to earn significant benefits even after retirement (pensions). While the remuneration structure for permanent civil officials is uniformly controlled throughout all administrative organizations, it varies for non-permanent civil servants and public administration agents depending on the job description, that is determined at the time of recruitment. Therefore, some public servants could be paid more than others.
There are two career classifications for government servants: general career regime (GCR) and special career regime (SCR). GCRs are frequently used to describe public servants who work for ministries in both central and local government. Faculty at National University, as well as nurses, physicians, and other technical experts, are referred to as SCRs. Even in SCR, there is a career route whereby physicians and university professors who have worked in professional jobs like teachers and doctors are really elevated to government officials.
A legislation titled "Regime for the Careers and the Senior and Middle Management Positions in Public Administration No. 27/2008" defines the civil servant remuneration structure in Timor-Leste. The legislation is applicable to SCRs as well; however, the remuneration structure of SCRs is occasionally subject to different regulation depending on professions like those of physicians, elementary and secondary school instructors, and university faculty members. For instance, Timor-Leste National University (UNTL) faculty members are public workers under the Ministry of Education and Culture, although under Article 46 of "Decree Law No. 16/2010 Status of UNTL," they are subject to a separate pay scheme than GCR (INAP & JICA, 2022).
In the graph, there are 34,413 employees that were assigned to GCR and SCR. Employees of the GCR in the Civil Service account for 18,596 (F: 5,937, or 32%; and M: 12,659, or 68%) of the total of 34,413 employees, while those of SCR account for 15,817 (F: 6,324 or 40%; and M: 9,493, or 60%).
Figure 1.
(Graphic source: INAP & JICA, 2022).
Figure 1.
(Graphic source: INAP & JICA, 2022).
C. Special Regime Workforce
In 2020, the CFP registered the submission of the Work Framework Map of the Special Regime, which totaled 19,588 people, with 8,572 women (44%), and 11,016 men (56%). These totals include personnel with specialized services in the areas of health and education. Although, the total civil servants of the Ministry of Health as of 2020 are 3,895, they are categorized as "special regime."
In the CFP, regarding the Special Regime at the national level, a total of 19,588 vacancies were registered in the Personnel of the Year Map 2020. Of these, there are 44%, or 8,572 for the female gender, and 56%, or 11,016 for the masculine gender. In short, the total number of staff in the two regimes of public administration was 33,321 (INAP & JICA, 2022).
D. Performance Evaluation, Career Path, and Promotion
Timor-Leste’s public servants’ basic wage increases on an increment in a grade's rank and yearly personal evaluations. A civil servant essentially has to do the work that was assigned to them at the time of hiring, but they are free to shift to another department if they want. However, "screening for internal recruiting" must first authorize the move. Another illustration is that when a post at an upper level becomes available, civil servants who want to fill it occasionally quit their existing positions and apply for the position through the "screening for external recruitment" process. A Timor-Leste statute named "Regime for Evaluating the Performance of Civil Workers No. 14/2008" defines the civil servant assessment system.
The IV Constitutional Government issued a regulation titled "Regime for Evaluating the Performance of Civil Servant" in 2008. Performance evaluation also aids in creating the environment needed to encourage greater professional motivation, qualification, and training of human resources. Therefore, performance evaluations are conducted with the intention of enhancing employees' output and helping them reach higher performance levels. The following goals are also pursued through performance evaluation: to inspire government employees and agents; to enhance their professional performance; to promote relationships between managers and their subordinates; to enhance integrated management of human resources; and to advance the provision of high-quality public services (GovTL, 2008).
Performance evaluation, according to article 7, is done on an annual basis between January and February. In Article 11, this performance evaluation is a requirement for obtaining scale or level progression, career promotion, job placement, and the renewal of work contracts. A very good performance assessment rating in two straight years will shorten the two-year lawful advancement term by one year. The evaluation factor in the 13th article is based on the evaluation results, which are: a) very good (33 points or more); b) good (24 to 32 points); c) satisfactory (15 to 23 points); and d) unsatisfactory (up to 14 points). The evaluation is based on criteria such as: (1) sense of responsibility; (2) continuous improvement; (3) relations with coworkers and the public; (4) regularity and assiduity in the workplace; (5) innovation, creativity, and flexibility; (6) initiative and autonomy; (7) teamwork; (8) leadership and team management; and (9) coordination and articulation. Each public servant starts by evaluating themselves based on the assessment criteria and then reporting their findings to their immediate supervisors. However, based on the author's own experience working as a general practitioner in the health sector, there is no self-evaluation from employees, only evaluation by the chiefs or directors. After examining each subordinate's self-evaluation that was provided, the supervisors perform evaluations for each of their reports (GovTL, 2008).
The top assessment point of "Very Good" for two consecutive years qualifies a civil servant for a year-earlier pay rise with an advance in a salary rank to the next level in two years. Salaries typically increase every three years with an increase in the salary rank (INAP & JICA, 2022). However, this type of career path and promotion did not apply to the Special Career Regime (SCR). As stated in the government’s law, the SCR’s civil servants have a fixed and permanent amount of salary and will not be affected by a good performance evaluation. Consequently, there are a lot of social jealousy among civil servants. For example, when doctors who are in a special regime with a slightly higher salary than their colleagues in the general regime work in the administration department at the Ministry of Health, they still receive the salary that has been determined for the special regime. While other civil servants who work there have always received salaries for the general regime. Those GCR will receive a level and salary increase every three years, whereas those in SCR will not. Actually, the President Republic approved a law to remove 13th salary (end of the year bonus) for SCR civil servants. That is why a massive discontent appears on social networks recently (de Deus, 2022).
The Council of Ministers (CoM) adopted the Public Administration Reform Program 2019–2023 in February 2020. All government institutions are now applying compensation and remuneration in line with the new list of remote, very remote, and extremely isolated areas of public service. A total of 1,354 public officers were promoted in the general career regime's first round of merit-based promotions. Out of the 9350 qualified civil servants who took the test, 1354 were promoted. The design of a promotion round for the Special Career Regime did not move forward and will now be dependent upon priorities decided upon under the next government mandate (GfD, 2020).
F. Policy Option for Solution
With the problems that have been described previously, the author suggests not categorizing civil servants into two categories (general and special regime), instead only one category. The basic salary must be determined by a person's education level. Level progression and promotion must also be based on length of service and positive performance evaluations. Subsidies or allowances, such as holiday subsidies, family subsidies, housing subsidies, etc. must be provided. One important point is the implementation of job placement subsidies, where those who work in rural areas receive subsidies or additional salaries to motivate them to work and to motivate other civil servants to move and work there in order to avoid civil servants who run away from their workplaces. Monitoring and auditing by external parties must be carried out regularly. Legal regulations must be strictly enforced for those who leave their workplaces.