THE MALAWI ELECTORAL

COMMISSION

CONDITIONS OF SERVICE

1.0 CITATION AND COMMENCEMENT

These Terms and Conditions of Service may be cited as the Electoral Commission Staff Terms and Conditions of Service, and shall be issued pursuant to Section 13 of the Electoral Commission Act. This will take effect from the date of approval by the Commission.

2.0 INTERPRETATION

In these Staff Terms and Conditions of Service, unless otherwise stated,

“Contract Officer” means an officer employed for a

predetermined period of time under a written contract signed by or with the authority of the Commission and containing terms and conditions of service of the individual to such an office.

“Employee” means a person employed in the Commission in

terms of these Staff Terms and Conditions of Service.

“Commission” means the Electoral Commission established

under Section 75 of the Constitution.

“Senior Officer” means an officer of grade 6 and above.

“Public Officer” includes an officer filling an established

position in the Commission, whether on permanent, temporary or contract basis.

2

“Permanent Position” means an established post in

Commission.

“Emergency Advance” means a situation which could not

have been foreseen affecting the applicant or immediate family.

3.0 APPOINTMENTS

(i) In accordance with section 10 subsection 1 of the

Electoral Commission Act the commission shall appoint a Chief Elections Officer who shall be the Chief Executive Officer of the Commission.

(ii) The Chief Elections Officer shall be responsible and

answerable to the ADC on matters of discipline and be under the direction, supervision and control of the Commission.

(iii) The Commission in accordance with Section 13

Subsection (i) and (ii) shall appoint such other professional, technical and administrative officers and support staff and the Commission may pay every person in its service such remuneration and allowances and grant to such person such fringe benefits as it may deem appropriate.

3.1 A prospective employee shall undergo medical

examination administered by a recognized medical practitioner and his appointment will be conditional upon being certified fit.

3.2 Any person before taking up appointment shall be issued

with a Letter of Appointment by the Commission.

3

4.0 PERMANENT STAFF

No person shall be confirmed in an established position unless after satisfactorily serving the appropriate probationary period. 4.1 Probationary Period

(a) All employees on first appointment shall serve a probationary period of six (6) months.

(b) At the end of satisfactory probationary period the

employee shall be confirmed in writing. (c) If the performance of the probation is unsatisfactory,

the probationer may be warned in writing and be given an extension or his appointment may be terminated.

(d) In the case of an extension, the probationer shall either

be confirmed or his appointment shall be terminated.

4.2 Contract Staff

All contract staff shall be engaged by the Commission for a predetermined period.

4.3 Temporary Staff

The Commission may engage temporary staff in order to carry out specific tasks. Such employees shall be subject to Conditions of Service to be determined by the Commission.

4

5.0 ACTING APPOINTMENT

5.1 Employees of the senior grades may be required to act in

a post which is temporarily vacant for a period of not less than thirty (30) calendar days.

5.2 Where an acting appointment has been approved the

staff member will be entitled to acting allowance which shall be 50% of the difference between his/her salary and the salary of the position in which he/she is to act.

5.3 No employee shall act in more than one appointment

simultaneously.

5.4 The acting appointment shall not in itself create a vacancy for the purpose of further acting appointment.

6.0 REMUNERATION

6.1 Remuneration shall comprise salaries and wages. 6.2 On recruitment each employee shall be placed in a grade

applicable to the post for which he/she is recruited to fill. The entry point within the grade will be determined by agreement with the Commission on the basis of the candidate’s qualifications and experience.

7.0 SALARIES AND WAGES

7.1 The salary scales shall have segments with minimum and

maximum points. 7.2 The scale of salaries shall be in accordance with the

grading of the established posts.

5

8.0 SALARY INCREMENT

8.1 Increments within a grade

Increments of salary within the grade shall be granted at the beginning of the Government financial year provided those on first appointment and those on promotion, should serve not less than twelve (12) months in their post.

8.2 Incremental Progression

Meritorious increments shall be awarded upon a display of an individual’s exceptionally outstanding performance.

8.3 Payment of Salaries and Wages

Salaries and wages shall be paid monthly in arrears on a day not later than 27th day of each month.

9.0 SALARY REVIEW

Salaries shall be reviewed from time to time to take into account: (i) an increase in the cost of living; (ii) an increase in salaries paid in the public service.

10.0 STAFF GRADES

The staff grades shall be as follows: (a) C1-C2 Executive Management (b) C3-C4 Management (c ) C5-C6 Senior Staff (d) C7-C8 Junior Staff (e) C9-C11 Subordinate Staff

6

11.0 WORKING HOURS

11.1 Normal hours of work shall be as follows:

Monday to Friday 7.30 hours – 12.00 hours 13.00 hours – 17.00 hours

11.2 Additional Hours

11.2.1 No staff member shall have any claim to overtime payment without prior authorization by the Chief Elections Officer or any other Officer so delegated by the Chief Elections Officer. 11.2.2 Where overtime payment has been authorized the calculation will be as follows:

(a) For the purpose of determining the

number of hours per day, overtime shall be calculated as follows:

(i) after ordinary working hours on

week days – time and half.

(ii) Saturdays and Sundays – double time.

(iii) Public Holidays – double time or

time off in lieu of the holiday worked.

Fractions of an hour are to be rounded off upwards to the nearest quarter hour.

All senior officers shall not be eligible for overtime even when they are required to work additional hours.

7

12.0 DUTY ALLOWANCE

Duty allowance shall be paid during election period only at rates determined by the Commission from time to time. No overtime shall be paid during election periods.

13.0 ANNUAL HOLIDAY AND LEAVE

13.1 Subject to the exigencies of the service the Commission

shall grant leave to its employees as follows:

C1-C2 - 36 working days C3-C4 - 36 working days C5-C6 - 30 working days C7-C8 - 24 working days C9-C11 - 21 working days

13.2 The holiday year shall be for a period of twelve (12)

months and shall coincide with the financial year of the Government.

13.3 Leave days shall not include Saturdays, Sundays and

public holidays.

14.0 ACCUMULATION OF LEAVE DAYS

Leave may not be accumulated without the approval of the Chief Elections Officer.

15.0 COMMUTATION OF ANNUAL LEAVE DAYS

Where an employee is unable to proceed on leave due to the exigencies of the service, leave in respect of that employee may, with the permission of the Chief Elections Officer, be commuted for cash. Employees shall, however, be required to take a minimum of 7 days’ leave each year. The 7 days mandatory leave shall not be commuted for cash.

8

16.0 ANNUAL LEAVE GRANTS

16.1 Once in each year, when proceeding on leave,

employees shall be entitled to a Leave Grant whose rates shall be determined by the Commission from time to time.

16.2 Every employee shall be entitled to leave grant upon

taking at least half of his/her annual leave entitlement.

17.0 SICK LEAVE

17.1 (a) All employees who are absent from duty through

illness or accident not caused by their own impropriety or negligence will be entitled to sick leave on the production of an authentic medical certificate.

(b) Medical Examination

The Commission may, during any period of sick leave, require the employee to be examined by a medical practitioner nominated by the Commission. If, in the opinion of the medical practitioner, the employee is permanently unfit and incapable of performing his duties, or may transmit any ailment likely to seriously impair the health of others, the Commission may retire him/her on medical grounds with any benefits that may have accrued to him/her.

17.2 Absence due to illness or injury should be reported to the

Commission on the first day of absence or within reasonable period.

17.2.1 Sick leave may be requested in advance for medical examinations. 17.2.2 The determined period of sick leave shall be as follows:

9

(a) The first three months, sick leave with full pay; the subsequent three months, sick leave with half pay; and thereafter, sick leave with no pay.

(b) The Commission may exercise

discretion to extend any of the periods mentioned in the foregoing paragraph.

18.0 MATERNITY LEAVE

(a) Female employees shall be granted paid maternity leave of

90 consecutive days for confinement before or after delivery once every three years.

(b) Unconfirmed female employees will not be entitled to paid

maternity leave but will be granted unpaid leave.

19.0 UNPAID LEAVE

19.1 The Commission may in very exceptional circumstances

and in its sole discretion, grant unpaid leave to an employee who establishes the need to absent himself/herself from duty on urgent private affairs.

20.0 STUDY LEAVE

20.1 Where approval has been granted for an employee to

proceed on training within or outside Malawi, he/she shall be granted paid study leave for the duration of the training.

20.2 An Officer proceeding abroad on duty or study to a very

cold country shall be paid a warm clothing allowance of US$800 which shall be reviewed from time to time by the Commission.

10

20.3 In the case of a person proceeding abroad on duty, the allowance in the proceeding paragraph shall be paid once in every five years.

20.4 Where an employee has secured a place for training and

sponsorship is his own, he/she may be granted unpaid study leave.

21.0 TRAVEL ALLOWANCES

The Commission shall pay the following allowances:- (a) A baggage allowance of 30 kg will be given to the

employee if his/her term of study is up to 1 year. (b) An allowance of 50 kg will be given to the employee if

his/her term of study is up to 2 years. In the case of an employee who is sent on a course of training or research for more than 2 years a baggage allowance of up to 80 kg shall be paid by the Commission.

(c) Where an employee is sent on a course of training, study

or research either within or outside Malawi and as a result is required to vacate the house, he/she has at his/her duty station, transport costs of the spouse and dependent children and personal effects shall be paid for by the Commission to the place of the employee’s choice within Malawi.

(d) An employee may use his own motor vehicle when

traveling to take up first appointment, on posting or transfer or retirement. In such cases a full motor vehicle kilometreage allowance shall be paid. If due to the nature of the motor vehicle concerned it is not possible for the employee to take up with him/her all members of his family, those other members who cannot travel with the employee shall be provided with additional appropriate transport by the Commission.

11

21.1 Travelling on Duty Within Malawi (a ) In the case of an employee traveling on duty within

Malawi, the cost of the employee’s fares together with the cost of transporting necessary duty equipment shall be met by the Commission.

(b) Accommodation Employees in grades C6 upwards shall be entitled to stay in a hotel whilst on duty. Employees in grades C7-C8 shall stay in motels. Employees in other grades shall seek their own accommodation whilst on duty away from their normal place of work.

(c ) Subsistence Allowance

Any employee who is required and authorized by the Commission to travel away from his normal place of work overnight shall be paid subsistence allowance at a rate befitting his/her grade as determined by the Commission from time to time.

21.2 Travelling on Duty Outside Malawi

Any employee who is traveling outside Malawi on approved duty shall be paid external traveling allowance for the duration of his/her stay outside the country.

22.0 OTHER ALLOWANCES

22.1 Disturbance Allowance

Where an employee is required by the Commission to move from one place of residence to another he/she shall be paid a disturbance allowance of 50% of his/her monthly basic salary if he/she moves from one duty station to another or 30% of his/her monthly basic salary if the employee moves from one house to another at the same duty station.

12

The Commission shall be responsible for removal expenses.

22.2 Occasional Meal Allowance

Where an employee is required and authorized to be away from his normal place of work but not spending a night, he/she shall claim an occasional meal allowance in accordance with the Commission’s approved rates.

22.3 Housing Allowance

Employees graded C6 and above shall receive 75% of their basic salary as house allowance while those in Grade C7 below shall receive 50% of their salary as house allowance.

23.0 ADVANCES

The Commission may grant to an employee the following advances:- 23.1 EDUCATION ADVANCE

An Education Advance may be granted for the purpose of meeting the costs of any of the following:

(a) Tuition fees (b) Education material (c) Examination fees (d) Research costs 23.1.1 An education advance shall not be granted to

an employee who has served the Commission for less than two years or is on contract.

23.1.2 The Commission may approve an Education

Advance to an employee who wishes to take a

13

course of study in Malawi or outside to obtain qualifications or skills that are relevant to the Commission’s functions.

23.1.3 The maximum amount that could be borrowed

shall be the equivalent of twenty-four (24) months’ basic salary or the exact cost of the course whichever is less.

23.1.4 The education advance shall be repaid in

forty-eight (48) months by monthly instalments and shall be interest free. Payment of fees shall be made direct to the Educational Institution and not the employee.

23.1.5 Where the educational programme pursued

by an employee is approved by the Commission, the cost of the programme may be fully reimbursed by the Commission provided that the programme is successfully completed. In the case of reimbursement, the employee shall be obliged to work for the Commission for a minimum of twenty-four (24) months.

23.2 Emergency Advance

Save in the most exceptional circumstances, an emergency advance to a staff member shall not exceed his three (3) months’ salary and shall be repayable as follows: (a) Advance of one - six equal monthly months’ salary instalments (b) An Advance of two - in twelve equal

months’ salary monthly instalments (c ) An Advance of three - eighteen equal

months’ salary monthly instalments

14

In any case, in granting emergency advances, consideration shall be given so that an officers net pay should at no time be less than 50% of his basic salary after tax. The granting of emergency advance to probationary or temporary employees shall be the maximum of one months’ salary at the discretion of the Chief Elections Officer.

23.3 Bicycle Advance

An employee may be granted a bicycle advance where one has completed a satisfactory probationary period. The advance shall be repayable in twelve (12) equal monthly instalments.

23.4 Motor Vehicle/Cycle Advance

23.4.1 The Chief Elections Officer may grant a motor vehicle/cycle advance to an employee.

23.4.2 The maximum amount of the advance to be granted shall be thirty-six (36) months’ salary.

23.4.3 A motor vehicle/cycle purchased out of an advance shall not be removed out of Malawi or sold without the approval of the Chief Elections Officer if the advance has not been fully repaid.

23.4.4 The motor vehicle/cycle advance shall be repaid in seventy-eight (78) equal monthly instalments.

15

23.5 General Purpose Advance

There shall be a General Purpose Advance to meet expenses such as: (a) School fees; (b) Clearing personal effects of returning officers from

external training, the amount shall not exceed one year’s salary;

(c) Building materials, repayment period shall not exceed 78 months;

(d) Purchase of household furniture or domestic appliances; and

(e) Any other essentials

23.5.1 The General Purpose Advance shall be granted on the following conditions:

(a) that the employee is confirmed in

appointment; (b) that the amount shall not exceed one

year’s salary;

(c) that the repayment period shall not exceed 78 months

(d) that not more than one advance shall be

granted any one time; and

(e) that after deductions, the officer’s net pay should not be less than 50% of his basic salary after tax.

16

24.0 INSURANCE

24.1 Insurance and Motor Vehicle/Cycle Valuation

(a) An employee who is granted a motor vehicle/cycle advance shall be required to have it insured and may be assisted with a short term loan for purposes of obtaining insurance.

(b) In the case of a second-hand motor vehicle/cycle,

an employee shall be required to obtain a written valuation by an authorized appraiser.

24.2 Insurance and Medical Aid

Medical Aid Scheme The Commission shall become a member of a recognized Medical Aid Scheme in Malawi for the benefit of its members of staff, spouses and children under the age of 18. The Commission shall contribute 100% of monthly contribution fees on behalf of staff and their spouses up to four dependants.

24.3 Personal Insurance

All employees will be covered under a Group Personal Accident Insurance Policy to be maintained by the Commission from time to time.

17

25.0 HOUSING

25.1 Accommodation

The Commission shall assist members of staff in securing accommodation by: (i) providing leased houses, or (ii) paying housing allowance.

25.1.1. Where an employee occupies own house,

he/she shall be paid rental as determined by independent property valuers provided the amount does not exceed a housing allowance applicable to his/her grade.

25.1.2. Rents or housing allowance shall be paid

monthly in advance.

25.2 Home Ownership Scheme

There shall be a Home Ownership Scheme fund to enable officers purchase or build residential houses principally for their own occupation. The granting of loans to employees shall be subject to availability of funds. 25.2.1 Conditions

(a) The Home Ownership loan shall be granted to

an officer who is confirmed in appointment and has served not less than five years.

(b) The loan shall be granted for the purchase or

building of a house within the boundaries of the Cities of Blantyre, Lilongwe and Mzuzu.

(c) The loan shall be an amount not exceeding 10

times the officer’s annual salary.

18

(d) Upon being granted the loan, the officer shall make contributions of one percent (1%) of his monthly salary towards the scheme.

(e) The Commission shall pay interest on the

contributions made by the Officer at (d) above at the rate of two and half (21/2%) per cent per annum.

(f) In the event that the officer or his/her heirs are

unable to settle the balance, whatever the sums were paid to the Commission towards the repayment of the loan, including interest, shall be refunded to the officer or his/her heirs and the Commission will re-possess the house.

(g) The repayment period shall not exceed twenty

years. (h) If the officer dies before he/she retires, the

Commission shall be entitled to claim and receive repayments of the loan and interest thereon from any person administering the officer’s estate out of rentals or any other income derived from the house purchased or built, wholly or partially, with the loan.

(i) If the officer retires or resigns or his service is

otherwise terminated before he/she has fully repaid the loan, the Commission shall be entitled to:

(a) enter possession of the house

purchased or built wholly or partially with the loan if the officer fails within three months of his retirement, resignation or termination of service to make satisfactory repayment arrangements.

19

(b) Sell the house so repossessed by

Public Tender or otherwise deal with such house, as the Commission may think fit.

(j) If the officer resides in the house purchased or

built wholly or partially with the loan, he/she shall pay a fixed interest rate of 61/2% per annum on the loan.

(k) If the officer does not reside in the house

purchased or built wholly or partially with the loan or if he/she retires or resigns from the service or if his service is otherwise terminated whether or not he/she resides in the house, he/she shall pay 10% per annum, provided that the outstanding loan shall be settled within a period of five years from the date of his resignation.

(l) If the officer lets the house purchased or built

wholly or partially with the loan to the Commission either for allocation to him/her for his own occupation or for the occupation of any other person, the Commission shall deduct the instalments for the repayment of the loan and interest thereon from the rentals.

26.0 PROFESSIONAL MEMBERSHIP FEES

26.1 The Commission shall pay professional membership fees

to recommended professional bodies for all Senior Members of Staff.

27.0 ACTS OF MISCONDUCT

An employee shall be guilty of misconduct if he/she:

20

(i) absent himself/herself from duty during the prescribed

hours of duty without leave or valid excuse or is habitually late or habitually signs off early;

(ii) performs his/her duties negligently or deliberately omits to

perform the same;

(iii) refuses to obey and carry out lawful and reasonable orders of his superiors or shows insubordination by word or conduct;

(iv) is discourteous to such seniors or his fellow employees or

to members of the public with whom it is his duty to transact the business of the Commission;

(v) disregards standing or operating instructions relevant to

his appointment;

(vi) conducts himself/herself in any way objectionable or unbecoming to the proper discharge of his duties;

(vii) is under the influence of liquor or drugs during hours of

duty;

(viii) is seriously in debt to the extent of prejudicing the satisfactory performance of his duty;

(ix) becomes a director of or engages, either directly or

indirectly, in the management or direction of any company, venture or syndicate or work in any matter which might conflict with the interest of the Commission, if such involvement is not declared to the Commission;

(x) fails to take reasonable care of the Commission’s

property in his custody or on charge to him/her or fails to take such steps as are within his power to ensure that reasonable care is taken of any such property;

21

(xi) Takes or converts to his own use of the Commission’s property or willfully or negligently causes or permits any unauthorized person to use such property;

(xii) Takes or converts to his own use the Commission’s

assets or monies. Any substitution thereof, in the form of IOU promissory note or other acknowledgement of debt, shall in no way excuse or validate the same;

(xiii) Uses for unauthorized purposes or discloses orally or in

writing or gives copies of any documents which may have been obtained in the course of his duties to unauthorized persons;

(xiv) Engages in fraudulent practices;

(xv) Fails to properly perform any duties assigned to him/her;

(xvi) Engages in political activities

(xvii) Fails to comply with any of the Commission’s regulations,

Financial Orders or Stores Regulations as amended from time to time or commits a breach of any contract or agreement entered into with the Commission;

(xviii) Engages in bribery or corruption;

(xix) Is convicted of a serious criminal offence in a court of law;

(xx) Organizes and/or participates in an unlawful strike;

(xxi) Absconds from duty for a period of more than five (5)

consecutive working days; and

(xxii) Divulges or discusses information without authority about the Commission that is likely to cause embarrassment to the Commission or brings it into disrepute.

22

28.0 PENALTIES

The Commission shall in its discretion apply the following penalties in respect of misconduct:- (a) verbal warning; (b) written warning; (c ) withholding of an increment either temporarily or

permanently; (e) deduction of an equivalent of the employee’s salary or

wages due payable to the member of staff in respect of any period of absence from duty or any part thereof not authorized or excused under these Terms and Conditions of Service;

(f) surcharging the employee;

(g) reduction in grade, rank or seniority;

(h) interdiction or suspension; and

(i) dismissal or termination of employment.

An employee to whom any of the above penalties has been applied, may appeal to the Commission through the Finance and Administration Committee within 14 days.

29.0 SUSPENSION

Depending on the gravity of the misconduct committed by an employee, the Commission shall suspend an employee from the exercise of the powers and functions of his office and such an officer shall not leave Malawi without the written permission of the Chief Elections Officer. During the suspension, the Chief Elections Officer shall impose any of the following conditions:

23

(a) where misappropriation of the Institution’s money is suspected, no salary;

(b) where it is suspected that the officer obtained his

appointment by means of false representation, no salary; and

(c) in any other case, half salary

30.0 TERMINATION OF APPOINTMENT

30.1 The Commission may terminate the employment of an

employee or the employee may terminate his employment with the Commission provided that written notice of such intention is served to the other party in the following manner;

(a) during the probationary period, the length of notice

required shall be one month or one month’s pay in lieu of notice;

(b) where a member of staff is confirmed in his

appointment, he/she shall be required to give three month’s notice. Either party may give the other a sum equivalent to three month’s pay in lieu of notice;

(d) where the employee is indebted to the Commission,

such indebtedness shall be calculated and deducted from any terminal benefits or amount which may be due to the employee; and

(e) the Commission shall provide reasonable transport

on the termination of employment of an employee to his home or place of residence.

24

31.0 REINSTATEMENT

An employee who has been suspended and thereafter found not guilty shall be reinstated and shall be entitled to receive his salary and emoluments which were withheld during the period of his suspension.

32.0 REDUNDANCY

In the event of redundancy an employee shall be entitled to: (a) Three month’s salary in lieu of notice; (b) One month’s salary for each completed year of service ( c) Refund of own Pension fund contributions plus

employer’s contributions in accordance with Pension Fund rules if applicable.

33.0 DEATH

33.1 In the event that a member of staff dies, the Commission

shall make all necessary burial arrangements. The Commission shall provide a reasonable coffin and transport to the place of final rest.

33.2 The bereaved family may be allowed to stay in the house

of the deceased employee for period not exceeding three months from the date of death.

33.3 Where a family member of an employee dies, the

Commission will assist with funeral arrangements. This shall be restricted to immediate family of the employee (father, mother, children, spouse). The Commission’s assistance shall be limited to a maximum of four vehicles, and if the officer so wishes, the Commission may provide a coffin on loan.

25

33.4 When an employee dies after confirmation in appointment, the Commission shall pay 3 years salary to beneficiaries.

34.0 RETIREMENT

Employees shall be eligible for the following benefits: 34.1 Terminal Benefits

(a) An employee may opt to retire after working for a minimum of 10 years.

(b) Any employee who has attained the age of 55 shall be

required to retire.

34.2 Gratuity and Pension

Gratuity will be paid according to the pension scheme administered by Commission Insurers.

…………………………………. ……………………………….. CHIEF ELECTIONS OFFICER EMPLOYEE’S SIGNATURE

……………………………………….

DATE