Are you planning to become a civil servant and don’t know what it all entails? Why won’t the Labour Code (probably) apply to you? What does the Service Act cover? And what are the advantages and disadvantages of the service regime as opposed to the employment relationship? We answer these and other questions in our article.
The origins of the Service Act go back more than twenty years, when it became the subject of much political debate. The original Act 218/2002 Coll., therefore, never came into force and was subsequently repealed and replaced by Act 234/2014 Coll., on the Civil Service. This subsequently came into force at the beginning of 2015. Its main objective was to professionalize, streamline and depoliticize the civil service. The regulation and its drafters certainly succeeded to a certain extent, but on the other hand, it introduced many new bureaucratic procedures into the existing system.
TheCivil Service Act applies to employees who carry out state administration in administrative offices, as well as to other natural persons who are covered by the law (e.g. directors of various offices, inspectorates, etc.). On the other hand, members of the Government and their advisers and deputies are expressly excluded from the scope.
The fact that you work for a ministry, for example, does not necessarily mean that the Service Act applies to you. A number of jobs (e.g. various auxiliary or maintenance jobs) are still covered by theLabour Code. Of course, public authorities also use various alternative employment contracts, such as a performance agreement or an employment contract.
You will already know which regime your future job falls under from the form and wording of the recruitment advertisement. So you know in advance what you are getting into.
Our team of experienced attorneys will help you solve any legal issue. Within 24 hours we’ll evaluate your situation and suggest a step-by-step solution, including all costs. The price for this proposal is only CZK 690, and this is refunded to you when you order service from us.
So what are the main differences between work under the Labour Code and the Service Act? The Service Act establishes a public law relationship. Thus, decisions are usually taken in relation to civil servants (e.g. decisions on recruitment). The employment relationship is a private law relationship in which equality of parties applies. It is true, however, that this private-law relationship has its own specific characteristics, which are determined by the relationship between the employee and the employer.
Tip: Do you have administrative proceedings coming up and would you like to prepare for them? Or are you a participant in the ongoing process and want to know the next steps of the administrative authority? In our separate article we will introduce , get to know the participants and also focus on how to proceed when the administrative authority does not fulfil its role.
The very formation of one or the other relationship is significantly affected by different legal norms. While as a prospective employee you will have a standard interview, and if you know your boss from a previous workplace, you may only need to agree on the salary and start date without any other lengthy details. On the other hand, a person interested in a job at a particular company can then send their CV in blind with the understanding that if they have something for them, they should get in touch.
But you wouldn’t get away with a similar procedure at a government office. You need to apply for a specific job that is subject to an administrative procedure and has an assigned number. The applicant fills out the necessary forms and delivers them in the prescribed manner (typically via a data mailbox). The selection procedure should treat all applicants equally and ask similar questions. The answers are then recorded in a file and a decision is made at the end of the selection procedure.
The above also implies possible changes to both types of relationship. Under a traditional employment contract, it is necessary (with minor exceptions) to agree with each other and both parties must agree, for example, to a change in the performance or content of the work.
In contrast, under a service relationship, similar changes can be decided unilaterally. As a rule, this is an administrative decision which can be appealed. However, let us not imagine a feudal-style procedure where someone makes a decision completely without your will or knowledge. In the vast majority of cases, such a decision is preceded by a normal human discussion with a superior. Moreover, the Service Act expressly provides for the obligation to take into account the health, personal and family circumstances of workers.
The actual relationship of an employee in the public and private sectors may be for a fixed or indefinite period. In the public sector, fixed-term contracts often have an even more specific reason. It is set at 12 months and is used to enable the employee to pass the so-called civil service examination. This consists of a general (written) and a special (oral) part, which is held before an examination board. This obligation underlines the professionalisation of the civil service and the professional background of its individual staff. However, once a staff member has passed the examination in a given field, it is valid for ever and does not have to be retaken when he moves to a new post with the same specialisation. However, if someone works, for example, in the telecommunications sector and wants to move into the construction sector, he or she must retake the special section.
It is clear from the preceding text that the service relationship is primarily governed by the Service Act, which sets out the duties and rights of civil servants. Although some of the sub-rights may be similar to the rights of employees, the Labour Code is not applicable to the civil service by way of subsidiary application; it is a so-called delegation relationship. The Administrative Code is used subsidiarily in civil service proceedings. Disputes relating to the service relationship, including employment, are therefore dealt with under the administrative law regime.
Civil servants are liable to disciplinary action. If they culpably breach official discipline, this constitutes a disciplinary offence, which is a special type of administrative offence.
Decisions in proceedings relating to the service are reviewable in the administrative courts. Regional courts rule on actions against decisions of administrative authorities.
Tip: Administrative justice is an area of law that is still not very well known among lay people. However, this does not mean that it is not used. On the contrary: administrative courts are overburdened and the Supreme Administrative Court is crying out for strengthening. What is on the agenda of the administrative courts and how can they help the average citizen? We have focused on this in a separate article.
Like the whole process, the termination of service has public law features. The service may be terminated directly by law for reasons such as the commission of (and conviction for) a deliberate offence against public order or reaching the age of 70. We will be happy to help you if you find yourself in difficulties in this context.
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Our team of experienced attorneys will help you solve any legal issue. Within 24 hours we’ll evaluate your situation and suggest a step-by-step solution, including all costs. The price for this proposal is only CZK 690, and this is refunded to you when you order service from us.
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