Merit should be the criteria for staff promotions
Ali Al Matani –
Administrative development is the basis for bringing about change in any system in any country. The law is the tool which regulates the system.
Therefore work could not be developed except through a developed legal system which is in tune with the current situation. All should comply with the law in any decision, change or amendment unless the law is rigid and does not cope with the work requirements. If this is the case, it would be a great disaster.
When the law obligates you to do a specific thing, it limits the possibility of development. This applies to many articles of the Civil Service Law which may hinder the administrative development. It is not allowed for entities or officials to make an administrative change according to competencies.
People are not given an opportunity to compete for being employed in local entities according to their capabilities.
Promotions take place at the ministries according to obsolete succession plans even if an employee to be promoted is not qualified, incapable, exceeds the age suitable for the job or is approaching retirement age.
Moreover, the law entitles the employee to raise a complaint to the competent court and receive a ruling in his favour as if he is an inheritor of a job or an administrative entitlement including salary and other entitlements. On the contrary, it is well known that a functional position is not a gift.
Therefore, do we ask for developing the government units without giving them the authority to select their employees?
The desired development is derived from the frameworks and legislations which regulate work at entities and institutions.
When you find that it is the law itself which obstructs the desired development, say goodbye to such development.
These days Civil Service Law obstructs many development mechanisms.
Firstly, it reduces the powers of officials in choosing administratively competent persons.
Moreover it renders them subservient and eliminates any possibility of development by the succession plans forever.
The law legally authorises the inheritance of positions and does not differentiate between the qualified and the unqualified employees.
In short, the Civil Service Law does not authorise to choose a person who is more appropriate for holding the job according to the qualification and capabilities which should be the criteria for assuming positions.
Development will never be achieved unless the powers of officials are enhanced to screen administrative jobs at government entities on the basis of efficiency, competency, performance appraisal and achievements.
Enhancing the powers and authorisations granted for entities and officials to choose the best employees may bring competition among the candidates, blow up the energies of creativity, raise the quality of work and develop the services provided.
On the contrary, inheriting a job according to the obsolete seniority system hinders the development of employees’ capacities as they know quite well that the minister or under-secretary or any other official will not be able to remove them from their jobs or positions.
Therefore it is very normal that our services would be bad and the performance levels are low.
The law has been set to protect the employee’s right to promotion regardless of his capabilities and the merits of the position he will occupy. Therefore the official can’t bring any development in his ministry or entity in the light of such a situation.
For example, if a specific ministry wishes to appoint a legal affairs director and finds that the capabilities and qualifications of a deputy director do not suit the job requirements, it can’t set this job for competition to choose a suitable candidate from outside the ministry as the law obligates it to choose the deputy director from inside.
Moreover if the ministry does not abide by such practice, the court might rule in favour of that employee if he approaches the judiciary.
Many companies and institutions look at competition while choosing candidates for senior positions according to the qualifications, capabilities and the ability to achieve the set functional objectives.