The Civil Service Act: who controls civil servants in government and their ilk?

Chaos in the offices, endless waiting for a new ID card or zero protection for the population. This is what it could look like if the civil service did not work as it should. It is the bedrock of the civil service and is governed by the Civil Service Act, which makes sure that everything works as it should. Let us look at the civil service and the Civil Service Act in more detail.

7 minutes of reading

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The Civil Service Act governs the work not only of civil servants

According to the Ministry of the Interior of the Czech Republic, “the Civil Service Act regulates in particular the legal relations of civil servants performing civil service in administrative offices, organisational matters of the civil service, civil service relations, remuneration of civil servants and civil service proceedings, and represents a significant step towards the establishment of a stable and professional civil service while maintaining the basic parameters necessary for the functioning of the civil service, which are stabilisation, depoliticisation and transparency.”

In other words, this Civil Service Act ensures that civil servants work in a professional, impartial and stable manner. The law was passed in 2014, but has undergone several changes and amendments over the past decade to better meet the current needs of the civil service.

And why was it created in the first place? Perhaps because prior to its adoption, civil servants often changed with each new government. This led to instability and sometimes unfair treatment. The Civil Service Act was thus intended to bring order to the civil service, so that even civil servants would have their security if they followed the rules. It was supposed to ensure that real experts in a particular field were given the positions. Unfortunately, this objective has not been fully achieved.

The Civil Service Act is often criticised for being too complex and bureaucratic. Civil servants have to navigate a large number of rules and procedures, which can be time-consuming and mentally demanding. It is therefore important that they have access to good quality legal advice and support.

Who is a civil servant

The question now is which jobs actually fall under this law. It is not just ministry officials, the Civil Service Act covers a wide range of professions – from office workers to inspectors to professionals in various government agencies. A civil servant is any person employed by the State under a contract of employment whose post has been established under the Civil Service Act.

Broadly speaking, it includes all public sector employees, i.e. from the education and health sectors, the security and armed forces of the state, the courts and so on. Although public sector employees are employed in various areas that are financed by public budgets, teachers, for example, are employed on the basis of a contract of employment and are therefore not subject to the Civil Service Act.

They are responsible for the performance of the civil service and have a direct influence on how laws are observed and applied in practice. For the civil service to function fairly and efficiently, civil servants should be apolitical.

Do you work in the civil service and don't know what to do?

If you are a civil servant and feel you are being unfairly treated, or if you just want to know more about your rights, there is nothing easier than to contact a professional. Our lawyers will be happy to advise you and help you resolve any issue relating to the civil service. Whether it’s an employment dispute, ethics issues, or even maladministration.

What are the rights and obligations of civil servants?

Tax and other civil servants have duties, of course, but they also have rights. They are entitled to a fair wage, holidays and the benefits that civil service brings. Civil servants have the right to training and further education or to protection from unfair dismissal. This gives them the assurance that they will not lose their jobs if they do their jobs well, just because of political changes.

However, they must not forget their obligations to be impartial, loyal to the state and to comply with all the regulations that apply to them. What if they mess up or break a rule? The Civil Service Act has that in mind too. Employees in the civil service then face disciplinary proceedings which can lead to dismissal. In addition, civil servants must observe ethical principles and act in accordance with the law. Prudence in decision-making is therefore more than appropriate.

Tip: In simple terms, the civil service includes civil servants from ministries, government offices and other key state institutions, while public sector employees are teachers, health workers or firefighters, for example.

How much do civil servants earn?

Salaries of people in the civil service are determined according to the salary table. The amount of salary depends largely on the job title, education and experience. The salary table for civil servants contains 16 grades and also 6 salary steps just according to the length of experience. For example, a civil servant in grade 8, but without experience, earns almost CZK 6 000 less than a worker with over 12 years of experience.

This is how it works in practice

The Civil Service Act is not just a rule on paper. It affects the daily lives of all civil servants and all individuals. When it comes to the appointment and removal of senior civil servants, for example, it is the Civil Service Act that determines how to do it. As a result, we can rely on people in senior positions being where they should be, based on their professional profile and not on political pressures.

The Civil Service Act also contributes to the transparency and quality of the services that the state provides us. For example, when you go to the office and need to process new documents, you can be sure that the officials you are dealing with have had the prescribed education and training to give you the best advice. Of course, it can still happen that an official error is made. In such a case, you may be entitled to claim compensation for loss or damage in the exercise of official authority.

The law has also introduced a system of evaluation of civil servants, according to which they are subsequently remunerated. The system makes it possible to monitor their performance and ensures that those who fail to perform their duties can face the consequences. As in the private sector, the appraisal system in the public sector motivates employees to continuously improve and provide quality service.

One of the key aspects of the law is protection from political pressures. Politics should not interfere in the performance of the civil service at all, and a civil servant cannot be dismissed for political reasons alone. As a result, civil service employees are protected from job instability caused by political changes.

According to official statistics, there are nearly one million state employees in the Czech Republic, which represents roughly one-fifth to one-quarter of all workers.

Even the public administration faces challenges

One of the topics discussed regarding the state administration is its modernisation and digitisation. We all want the authorities to modernise as much as possible to enable us to do as many things online as possible. For civil servants, this means the need to master new technologies and learn how to work in a digital environment. Although this is a big challenge for many, the Civil Service Act provides support in this respect, for example through the right to training and further education.

Another issue is the stability of the civil service. While the law ensures that civil servants have a degree of security, there are still cases where they are dismissed or reassigned, sometimes for no apparent reason. This problem is often a matter of debate, especially in senior positions where these changes can have an impact on the functioning of entire offices.

Summary

The Civil Service Act is a complex and important piece of legislation that ensures the functioning of the civil service. It defines the rights and obligations of civil servants, i.e. those in government offices, ministries, etc., as well as how they can defend themselves if they find themselves in a situation that requires it. If you are a civil servant and you feel that you have been treated unfairly at work, there is nothing easier than to use the services of a legal advice centre, where a lawyer will be happy to advise you and help you to resolve any problem relating to the civil service as well.

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Author of the article

JUDr. Ondřej Preuss, Ph.D.

Ondřej is the attorney who came up with the idea of providing legal services online. He's been earning his living through legal services for more than 10 years. He especially likes to help clients who may have given up hope in solving their legal issues at work, for example with real estate transfers or copyright licenses.

Education
  • Law, Ph.D, Pf UK in Prague
  • Law, L’université Nancy-II, Nancy
  • Law, Master’s degree (Mgr.), Pf UK in Prague
  • International Territorial Studies (Bc.), FSV UK in Prague

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