How do civil servants live under the Staff Act?

What does the law on service relationships say

The Service Relationship Act regulates in detail the conditions under which civil servants may perform their work, including the establishment and termination of the service relationship. It is indeed a service relationship, but the employment relationship arises under different conditions. The peripeteia of the creation of the Civil Service Law go back more than twenty years, when this legislation became the subject of numerous political debates. The original Act 218/2002 Coll., therefore, never even came into force and was subsequently repealed and replaced by Act 234/2014 Coll., on civil service. This subsequently came into force at the beginning of 2015. Its main objective was to professionalize, streamline and depoliticize the civil service. To a certain extent, the regulation and its drafters certainly succeeded in doing so; on the other hand, the Civil Service Act introduced many new bureaucratic procedures into the existing system.

The Civil Service Act applies to employees who perform civil service duties in administrative offices and 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 the Labour Code. Of course, public authorities also use various alternative employment contracts, such as a performance agreement or an employment contract. At the same time, do not confuse jobs based on the Civil Service Act with those governed by the Civil Service Act.

You can already tell which regime your future job falls under by the format and wording of the recruitment advertisement. So you know in advance what you are getting into.

Private vs. public law relationship

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.

The origin of the relationship

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.

Changes to the relationship

The above also implies possible changes to both types of relationship. Under a traditional employment contract, it is necessary (with minor exceptions) to mutually agree and be mutually agreed by both parties, e.g. to change 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 salaries of officials are based on the prescribed grades of officials, which take into account their education, experience and the difficulty of the work performed.

Fixed-term and civil servant examination

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 a specific reason. It is set at 12 months and is used to enable the employee to pass the so-called civil service examination. Every civil servant who enters the civil service must fulfil the exacting conditions laid down by law to ensure the high professionalism of the civil service.

The examination consists of a general (written) and a special (oral) part, which is held before an examination board. This obligation emphasises 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 another office with the same specialisation. However, if someone works, for example, in the telecommunications sector and wants to move into the construction sector, they must retake the special section.

Relationship to other legislation

Currently, the number of civil servants in the Czech Republic amounts to several tens of thousands, and their tasks vary according to the area of public administration. It is clear from the preceding text that the civil service is primarily governed by the Civil Service Act, which sets out the duties and rights of civil servants. Although some of the sub-rights may resemble the rights of employees, the Labour Code is not applicable to the civil service in a subsidiary way; 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 concerning the service are reviewable in the administrative courts. Regional courts rule on actions against decisions of administrative authorities.

Termination of service

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.

Summary

The Civil Service Act (No. 234/2014 Coll.) fundamentally changes the rules for civil servants, creating a public law relationship between civil servants and the state, and differs from the employment relationship under the Labour Code. This law brought about the professionalisation and depoliticisation of the civil service, but at the cost of a new administrative burden. The law applies only to specific civil servants, while others may continue to be covered by the Labour Code. The establishment of the civil service involves a selection procedure with strict rules, different from the normal recruitment process in the private sector. New civil servants must pass a professional examination within the first 12 months of employment. Salaries are graded according to education, experience and workload, determined by salary tables. Civil servants are not covered by the Labour Code but by the Administrative Code, which affects dispute resolution and termination. The Staff Act offers stability and clear rules, but at the same time requires stricter procedures and a higher level of accountability from civil servants.