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Civil Service System in Thailand 131

6.6.2 Challenges of Discipline

On the one hand, the performance of the civil service regarding discipline looks satisfactory. The number of officials who breached discipline (gross and non-gross breach) in 2007 is 472 officials, which is only 0.1% of the civil service officials. In fact, the number of disciplined officials is improving over the years. That is, there were 937, 829, 563, and 502 disciplined officials in the year 2003– 2006, respectively, compared to the mentioned 472 disciplined officials in 2007 (OCSC 2009b). However, the survey on upholding the civil service’s values may tell another story. That is, it was found that civil servants perceive the civil service’s value on “courage to stand for the right thing” is the value that is most breached (i.e., cannot be practiced), while the major obstacles against following the values include lack of a good role model (i.e., supervisors), distrust in the merit system, and a lack of incentive mechanisms (Sarapimpa 2009). Therefore, one might assume that the low rate of disciplinary actions might be because a lot of malpractice cases are not reported. Another challenge of the civil service discipline system is how to maintain a balance between discipline and performance. While the newly created MSPC and the credible Administrative Court will help the civil service to be more transparent and accountable, it is possible that as these check and balance mechanisms provide easy access for complaints, they can make officials too cautious in doing their jobs and in proposing innovations. Another challenge lies in the public sector’s internal labor market. Legal officers in the civil service have been attracted by higher pay and a better career in other public sector organizations, such as the Administrative Court, Court of Justice and Public Prosecutor Office. The OCSC has responded to this problem with top-up pay for its legal officers. However, given the better image, status, and career in such organizations, brain-drain of legal officers from the civil service can still be predicted.

As for the MSPC, one challenge is how to manage its overflow of work. The MSPC has anticipated this problem by recruiting 14 prescribing commissioners to help its 7 core commissioners. It is expected that such prescribing commissioners will start work by the end of 2009. However, it is interesting to see the qualifications of these new prescribing commissioners. As the work of the MSPC is more than discipline and appeals (i.e., it also reviews the merit of departments’ rules and regulations), the MSPC needs prescribing commissioners whose skills and experiences cover both disciplinary actions and organizational management. Next, the term of service of the MSPC commissioners is also worth mentioning. The system was designed such that the term of service of all seven commissioners will end at the same time. It means that a lot of organizational knowledge will be gone with the retired commissioners. The MSPC as an organization, therefore, needs to develop an effective knowledge management system to support the new set of commissioners to do their jobs effectively, in a timely fashion.

6.7 Conclusion

The Thai civil service has continually evolved through its 80-year journey from the first Civil Service Act in 1928 to the newly enacted Civil Service Act of 2008. This current act is the first major amendment in almost 20 years that aims to enhance the overall efficiency of the civil service HR management system, ranging from the restructuring of the CSC (which includes devolution of authority of CSC in various functions), establishing the MSPC, to renewing the position classification system and salary schedule (OCSC 2009e).

Driving this new management platform, however, requires secondary laws and regulations to turn concepts and principles into operations. It is this stage that will create the next momentum for the

© 2011 by Taylor and Francis Group, LLC

132 Public Administration in Southeast Asia

civil service management. The new act will need 53 secondary laws (e.g., Royal Decree, civil service regulations, circulations, and standards), but as of September 2009 which is more than 1 year after the enactment of the act, only 27 of such laws have been adopted. One example of the important regulation that is still in the process of consideration by the CSC is the regulation on promotion and transfer of officials. This regulation is expected to integrate the promotion and transfer processes and procedures of all position groups into one regulation instead of having separate regulations for each position group as in the previous act. This integration requires consensus among working groups that draft laws and the CSC sub-commission on legal matters in many aspects including the clarity of concept of each position group, the appropriate legal language and terminology, and even the common pattern in writing the regulation. Without an effective coordination mechanism, such a consensus will be difficult to implement and as a result will affect the timely execution and credibility of the act. Therefore, in order to effectively drive the implementation of the new Civil Service Act, it is necessary for the OCSC to speed up the law-making process of these secondary laws.

In addition, the OCSC has to make sure that the outcome of dealing with all functional challenges discussed earlier will help the civil service to become the employer of choice in Thailand’s labor market. The huge number of 500,000 applicants for the civil service in 2009 can only create the “reversed” employer of choice. Among these candidates, only about 30% came from leading universities (Wanichtanom 2009). Among this 30%, it is not known how many are in the top tier in their universities. The OCSC must work with departments to redesign recruiting strategy to show the public how the civil service is a place for energetic and talented people. Together with such a rebranding strategy, the OCSC should operationalize section 53 of the act, which allows the CSC to devolve the implementation function of recruitment and selection to ministries and departments, which in turn will catalyze these line agencies to innovate their recruitment and selection practices. Increased flexibility for departments, however, requires an effective facilitating and monitoring role by the OCSC.

Becoming the employer of choice also means the ability to retain and motivate qualified officials. The OCSC has to increase the confidence of officials on the merit system as stated under section 42 of the act. This is because such confidence can affect the work motivation of officials, and it turns out that confidence in the merit system is not satisfactorily high. According to the Report on the Civil Service Human Resource Management Status 2008, whose survey was the response from about 70% of all departments, more than 75% of officials are satisfied with their work. However, the officials’ perception regarding the merit and fairness of the HR management system is in the opposite direction. For example, less than half of officials in the survey regard performance appraisal as merit-based and only 30% support the process and outcomes of promotion decisions of their departments. In addition, almost half of officials do not feel involved by their executives in the policy-making process. Punitamai (2009), moreover, found that although executives and HR officials in the public sector are in need of talent, almost 60% of talented officials in the survey admitted they used to think about leaving the organization. Trust building, therefore, is another key success factor for the civil service.

Finally, one of the main objectives under the current Civil Service Act is the devolution of authority from the CSC to departments and ministries, which includes position, recruitment, and selection management. Effective devolution of HR management requires the ability of line agencies to analyze their manpower situation. However, the status report mentioned above says that only 40% of departments keep updating their manpower database. A number of departments also do not use their manpower database for decision making on HR policy. The OCSC therefore needs to help departments’ capability in managing their manpower database system and utilize the database in HR policy management.

© 2011 by Taylor and Francis Group, LLC

Civil Service System in Thailand 133

Appendix 1: Civil Service Commission’s Power

and Duties (Section 8)

(1)To make proposals and advise the Council of Ministers on public human resource management policies and strategies with respect to standard for remuneration, management and development of human resource, as well as the manpower planning and other matters, which are to be adopted as operational guidelines for government agencies;

(2)To report to the Council of Ministers with respect to considerations for the appropriate revision of salaries, positional allowances, subsistence supplements, welfare or other fringe benefits for government officials;

(3)To prescribe rules, procedures and standards for the management and development of human resources of civil officials to be adopted as operational guidelines for government agencies;

(4)To approve the manpower framework of government agencies;

(5)To issue CSC Regulations and rules governing human resource management in pursuance of this Act, including to give advice or guidelines for the performance of functions under this Act; a CSC Regulation shall come into force upon approval by the Council of Ministers and publication in the Government Gazette;

(6)To give interpretations and rulings on problems arising from the application of this Act, including to lay down practice guidelines for problem cases; a resolution of the CSC under this subsection shall be enforceable under the law upon approval by the Council of Ministers;

(7)To supervise, oversee, monitor, inspect and evaluate the human resource management of civil officials in ministries and departments in order to maintain fairness and human resource management standards, including to inspect and monitor the performance of functions under this Act; in this regard, the CSC shall have the power to summon documents and evidence from government agencies, or to summon representatives of government agencies, officials or other persons to give statements of facts, and the power to issue rules requiring ministries and departments to file reports on human resource management of civil officials within their scope of authority with the CSC;

(8)To formulate policies and issue rules concerning King’s scholarships and government scholarships so as to correspond with human resource management policies with respect to government officials, as well as to assign scholarship recipients to government services in ministries and departments or State agencies upon completion of studies;

(9)To issue directives or rules pertaining to the provision of education, supervision and assistance to public personnel, King’s scholars, government scholars and private students under care of the CSC, including to collect service fees for the supervision and administration of education; in this regard, services fees for the supervision and administration of education shall be deemed as revenues of a government agency providing publicly beneficial services under the law on budgetary procedures;

(10)To prescribe rules and procedures for accrediting the credentials of holders of degrees, vocational certificates or other credentials for the purpose of instatement and appointment as civil officials, and to determine the salary rates or remuneration as well as the position levels and categories for such credentials;

(11)To determine rates of fees for the performance of functions pertaining to human resource management under this Act;

(12)To consider the installment of a personnel record system and the alteration of personnel records with respect to the date of birth, and the control of retirement by age of civil officials;

(13)To carry out other duties as provided in this Act and other laws.

©2011 by Taylor and Francis Group, LLC

134 Public Administration in Southeast Asia

In issuing a CSC Regulation under (5), in the case where it is deemed appropriate, the Office of the Civil Service Commission shall also consult the relevant ministries in conjunction with the considerations of the CSC.

Section 13. There shall be an Office of the Civil Service Commission, abbreviated “OCSC” with the Secretary-General of the CSC as the superior official in charge of the officials and administration of the OCSC, directly accountable to the Prime Minister.

The OCSC shall have the following powers and duties:

(1)To act for the CSC and MSPC in the performance of their official functions and to perform other duties as assigned by the CSC or MSPC;

(2)To make proposals and give advice to ministries and departments in relation to the rules, procedures and guidelines for public human resource management;

(3)To develop, promote, analyze and conduct researches in relation to policies, strategies, systems, rules, procedures and standards on the human resource management of civil officials;

(4)To monitor and evaluate the human resource management of civil officials;

(5)To carry out acts in relation to manpower planning of civil officials;

(6)To be the center of database on public human resources;

(7)To prepare strategies, to coordinate and to carry out acts in relation to the human resources development of government officials;

(8)To promote, coordinate, disseminate, provide consultation and advice and carry out acts in relation to the provision of welfare and the enhancement of quality of life for public human resources;

(9)To carry out acts in relation to King’s scholarships and government scholarships in accordance with policies or rules of the CSC under section 8(8);

(10)To carry out acts in relation to the care of public personnel and scholars in accordance with directives or rules of the CSC under section 8(9);

(11)To carry out acts in relation to the accreditation of degrees, vocational certificates or other credentials of persons for the purpose of instatement and appointment of civil officials and to determine the salary rates or remuneration as well as the position levels and position categories for such credentials;

(12)To carry out acts in relation to the maintenance of personnel records and to oversee the retirement by age of civil officials;

(13)To prepare an annual report on human resource management in the civil service for submission to the CSC and the Council of Ministers;

(14)To perform other duties as provided in this Act, other laws or as assigned by the Council of Ministers, Prime Minister or CSC.

Appendix 2: DO’s and DON’T’s for Thai civil servants

Section 82. A civil servant must act in accordance with the following directives:

(1)To perform official duties faithfully, honestly and fairly;

(2)To perform official duties in accordance with laws, regulations, rules of official authorities, Council of Ministers resolutions, government policies and act in accordance with the regulatory framework of official authorities;

(3)To perform official duties with a view to obtaining desirable results and in advancement of the government service with determination, diligence, attention and an awareness to preserve the interests of official authorities;

©2011 by Taylor and Francis Group, LLC

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