Act No. 144 / 2017 Coll.
Act amending Act No. 234 / 2014 Coll., on Civil Service, as amended
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Effective from 01.06.2017
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144
THE LAW
of 19 April 2017
amending Act No 234 / 2014 Coll., on Civil Service, as amended
Parliament has decided on this law of the Czech Republic:
Act No. 234 / 2014 Coll., on Civil Service, as amended by Act No. 131 / 2015 Coll., the Constitutional Court found, published under No. 199 / 2015 Coll., Act No. 298 / 2015 Coll., Act No. 26 / 2016 Coll., Act No. 47 / 2016 Coll., Act No. 137 / 2016 Coll., Act No. 190 / 2016 Coll., Act No. 195 / 2016 Coll., Act No. 298 / 2016 Coll., Act No. 302 / 2016 Coll., Act No. 319 / 2016 Coll., and Act No. 24 / 2017 Coll., is amended as follows:
1. In Article 9 (7), the words "the Head of Staff 'shall be inserted after the words" if o'.
2. In Paragraph 11 (4), the words "or the Secretary of State 'are replaced by", the Secretary of State or the Director of Personnel of the Civil Service Section';
3. In Paragraph 14, the following paragraphs 3 and 4 are inserted after paragraph 2:
"(3) The Head of Staff may delegate his powers, with the exception of decisions on admission to service, to the appointment of a Chief of Staff, removal from the post of Chief of Staff or termination of service, to his representative.
(4) In the absence of the Head of Staff, his representative shall exercise all the powers of the Head of Staff, with the exception of decisions on recruitment, appointment to the post of Head of Staff, removal from the post of Chief of Staff or termination of service. ';
Paragraph 3 shall become paragraph 5.
4. In Article 15, the following paragraphs 5 and 6 are inserted after paragraph 4:
"(5) The Secretary of State may delegate the exercise of his or her powers, with the exception of decisions concerning recruitment, appointment to the post of Head of Staff, removal from the post of Chief of Staff or termination of service, to his or her representative.
(6) In the absence of the Secretary-General, his representative shall exercise all the powers of the Secretary-General, with the exception of decisions on recruitment, appointment to the post of Head of Service, removal from the post of Director or termination of service. ';
Paragraph 5 shall become paragraph 7.
5. In the first sentence of Article 24 (5), the words "Section 49 (2)," are inserted after the words "Section 47," and part of the sentence after the semicolon, including the semicolon, is deleted.
6. in Article 24 (7) (e):
"(e) the prohibition of competition, if provided for in the place of employment, ';
7. in Article 26 (1) and (2), "(a), (e) and (f)" is replaced by "(a) and (e)";
8. In Article 26, the following paragraph 3 is added:
"(3) Compliance with the presumption under Paragraph 25 (1) (f) shall be evidenced by a written declaration of honour. The service authority shall verify, in the case of an applicant selected in accordance with § 28 (2) or (3), compliance with this condition in accordance with the procedure laid down in § 28 (5). ';
9. In Paragraph 27, the following sentence is added at the end of paragraph 4: "If applicants whose application has not been rejected in accordance with paragraph 2 are at least 10 and the interview is accompanied by a written examination held before the interview, the selection committee shall interview at least 5 applicants who have carried out the written examination best. '
10. In Article 27, paragraphs 5 and 6 are added:
"(5) If the applicant is duly excused from participating in the interview, the selection panel shall, upon request, interview the applicant within an alternate period. An applicant who is unable to attend an interview for an obstacle on his or her own initiative, for which it is not possible to hold an interview within such a replacement period as to enable the selection procedure to be completed within the time limit referred to in Paragraph 164 (1), may, with the approval of the service authority, set a replacement date for the interview after the loss of that obstacle. The Staff Authority shall give its consent if the interview is carried out within an alternate time limit which does not prevent the proper performance of the duties of the Office.
(6) Where the applicant does not appear for an interview without a proper apology or repeatedly, during the selection procedure or at the invitation to tender, does not provide the synergies needed to ensure his participation in the selection procedure or otherwise it is clear from his conduct that he is no longer interested in participating in the selection procedure, he shall be deemed to have withdrawn from the selection procedure. ';
11. In Paragraph 28 (2), the sentence "In the case of a procedure under Paragraph 27 (4), second sentence, applicants who have not been interviewed shall be deemed to have failed the selection procedure."
12. In Article 28, the following paragraph 5 is added:
"(5) After the conclusion of the agreement referred to in paragraph 2 or 3, the Staff Authority shall arrange for the entry medical examination of the selected applicant under the Specific Health Services Act. If the selected applicant does not have the necessary medical fitness, the agreement referred to in paragraph 2 or 3 shall be considered null and void. ';
13. In Article 29, at the end of paragraph 2, the sentence "The duration of the day-to-day obstacles in the service for which a civil servant does not perform the service during the probationary period and the period of the whole day's leave is extended."
14. Paragraph 29 (3) is deleted.
15. In Paragraph 35, the following paragraph 4 is inserted after paragraph 3:
"(4) A civil servant who has successfully carried out an official examination as a person referred to in paragraph 3 shall be entitled to cover the costs of carrying out an official examination in respect of the field of service for which he has been assigned or appointed to the post, at the rate of the lump sum fixed by the Staff Regulations of the Deputy Minister for Civil Service. The payment of the costs shall be provided by the official office in which the civil servant carries out the service, on expiry of the probationary period, within the next payment deadline specified in the service office for the payment of the salary. '.
Paragraph 4 shall become paragraph 5.
16. In Paragraph 42, the first sentence is replaced by the sentence "A public servant referred to in Paragraph 29 (1) shall be entitled, after successful completion of the official examination, to change the duration of the service for an indefinite period and to be assigned to a post for an indefinite period of time or to a change in the duration of the service for a specified period of time specified in the notice of invitation to tender."
17. in § 44 (c), in § 48, in § 175 (a) and in § 176 (b), the words "on the basis of a resolution initiating a criminal prosecution or on account of custody" shall be deleted;
18. in Paragraph 44, the following point (o) is inserted after point (n):
"(o) secondment of a national expert,"
Points (o) and (p) shall be renumbered as points (p) and (q).
19. In Paragraph 48, the following sentence is added at the end of paragraph 1: "At the request of a disciplinary commission, a civil servant may continue to be relieved of his service if he has been brought up against a disciplinary action for a reasonable suspicion of committing a particularly serious disciplinary offence if his leaving of service would jeopardise the proper performance of the service or the provision of evidence for a judgment in disciplinary proceedings until the end of the disciplinary proceedings, unless the reason for which the civil servant was acquitted earlier. '
20. In Article 48 (3), the words "on the basis of a resolution initiating a criminal prosecution or for reasons of detention 'shall be inserted after the word" services', and at the end of the paragraph, the sentence "From the date of discharge of service on the basis of a proposal from the disciplinary committee, the civil servant shall be entitled to pay 80% of his monthly salary. ';
21. In Paragraph 48 (4), the words "where a civil servant has not been given a disciplinary action under Article 89 (2) (c) or (d)," shall be inserted after the words "the end of the prosecution"; and the words "or after the end of the disciplinary action" shall be inserted.
22. In Paragraph 49, the following paragraph 2 is inserted after paragraph 1:
"(2) A public servant shall, with his consent, be assigned to another post in the same service office in the same field of service, classified in the same or lower grade as the current post, provided that he fulfils the conditions and requirements laid down for another post and agrees in writing to be classified by the service authority with a new direct superior. ';
Paragraphs 2 and 3 shall become paragraphs 3 and 4.
23. in Article 50 (1), the words "and in Article 59 (2)" shall be deleted;
24. In Paragraph 51, the following paragraph 7 is added:
"(7) The representative shall be appointed, with his consent, to another post representing the same or lower degree of procedure in the same service office in the same field of service, classified in the same or lower grade as the former post of service, provided that he fulfils the conditions and requirements laid down for another post of service of the representative and agrees to be appointed in writing by the service authority with the new immediate superior. ';
25. in Paragraph 52 (3) (a), the words "or Secretary of State" shall be replaced by the words "Secretary of State or Director of Staff of the Civil Service Section."
26. In Section 52 (3) of the final part of the provision, the words "the Office of the President of the Republic, the Office of the Chamber of Deputies, the Office of the Senate 'shall be inserted after the words" an international organisation'.
27. in Article 53 (3) of the final part of the provision, the words "the Office of the President of the Republic, the Office of the Chamber of Deputies, the Office of the Senate" shall be inserted after the words "the international organisation."
28. In Section 53 (5) of the final part of the provision, the words "the Office of the President of the Republic, the Office of the Chamber of Deputies, the Office of the Senate 'shall be inserted after the words" an international organisation'.
29. in Article 54 (3), the words "the Office of the President of the Republic, the Office of the Chamber of Deputies, the Office of the Senate" shall be inserted after the words "the Regional Council."
30. In Article 54 (5), the words "the Office of the President of the Republic, the Office of the Chamber of Deputies, the Office of the Senate 'shall be inserted after the words" the Regional Council'.
31. in Paragraph 55 (3) (c), the word "or" shall be deleted;
32. in Article 55 (3), the following points (e) to (g) are inserted:
"(e) a senior employee of an international organisation whose content corresponds to that of a service and who manages a senior employee;
(f) a senior official of the European Union who is active in a field whose content corresponds to that of the service and who is managed by other senior officials of the European Union; or
(g) Head of the President's Office, Head of the Chamber of Deputies or Head of the Senate Office, '.
33. In Paragraph 55 (3) of the final part of the provision, the words "in the Office of the President of the Republic, the Office of the Chamber of Deputies, the Office of the Senate" shall be inserted after the words "university."
34. in Paragraph 55 (5) (g), the word "or" shall be deleted;
35. in Article 55 (5) (h), the word "or" shall be added after the word "staff member."
36. in Paragraph 55 (5), the following point (i) is added:
"(i) a senior employee assigned to the Office of the President of the Republic, the Office of the Chamber of Deputies or the Office of the Senate, who manages other senior staff,"
37. In Paragraph 55 (5) of the Final Part of the provision, the words "the Office of the President of the Republic, the Office of the Chamber of Deputies, the Office of the Senate" shall be inserted after the words "the College."
38. in Paragraph 57 (3) (c), the word "or" shall be deleted;
39. in Paragraph 57 (3), the following points (e) to (g) are inserted:
"(e) a senior member of an international organisation managing a senior staff member,
(f) a senior official of the European Union who manages other senior officials of the European Union; or
(g) a senior member of staff assigned to the Office of the President of the Republic, the Office of the Chamber of Deputies or the Office of the Senate, who manages other senior staff, if he carries out administrative activities in a similar field to that of the service covered by the filled post, ';
40. In Paragraph 57 (3) of the Final Part of the provision, the words "the Office of the President of the Republic, the Office of the Chamber of Deputies, the Office of the Senate 'shall be inserted after the words" the College'.
41. in Paragraph 57 (5) (g), the word "or" shall be deleted;
42. In Paragraph 57 (5) (h), the word "or" shall be added after the word "assistant."
43.In Article 57 (5), the following point (i) is added:
"(i) a senior employee assigned to the Office of the President of the Republic, the Office of the Chamber of Deputies or the Office of the Senate,"
44. In Section 57 (5) of the final part of the provision, the words "the Office of the President of the Republic, the Office of the Chamber of Deputies, the Office of the Senate 'shall be added after the words" the College'.
45. in Paragraph 57 (6):
"(6) In the event that none of the participants in the selection procedure has failed even in the second round of the selection procedure, a third round of the selection procedure shall be awarded, which may be attended by a person who has carried out, for at least 2 years, activities under § 5 or similar activities and who has a composite official examination or staff assigned to the President's Office, the Chamber of Deputies or the Senate Office. '
46. in Paragraph 58 (3) (a), the words "serving in an indefinite service" shall be replaced by the words "having a written official examination."
47. in Paragraph 58 (3) (f), the word "or" shall be deleted;
48. in Paragraph 58 (3) (g), the word "or" shall be added after the words "3 years,";
49. in Article 58 (3), the following point (h) is inserted:
"(h) an employee assigned to the President's Office, the Chamber of Deputies or the Senate Office,"
50. Article 59 shall be deleted;
51. In the first sentence of Paragraph 66 (1), the words "classified or 'shall be inserted after the words" was'.
52. In Paragraph 66 (1), the second sentence is replaced by the following: "If the period of representation is longer than 4 weeks, the salary which a civil servant would have had to pay if he had been assigned or appointed to serve as a civil servant or a representative whom he represents; the salary is due from the first day of representation '.
53. The following Section 67a is inserted after Section 67:
Sent by a national expert
(1) A civil servant may, with his written consent, be seconded for a pre-determined period of service as a national expert to an institution or body of the European Union, international organisation, peacekeeping or rescue operation or for humanitarian aid abroad.
(2) A staff member may, as a national expert, enter into a service agreement with a civil servant in connection with his secondment as a national expert; Article 67 (2) shall apply mutatis mutandis to the content of this Agreement.
(3) The service as national expert may be terminated by the service authority before the end of the specified period. With the consent of a civil servant, the period of service as a national expert may be extended.
(4) During the secondment of a civil servant as a national expert, the salary and reimbursement of expenses shall be payable to the civil servant if they are not paid by an institution or body of the European Union, an international organisation or an organiser of a peaceful or rescue operation or humanitarian aid abroad. ';
54. in Paragraph 70 (1), the words "67a" shall be inserted after the number "64."
55. in Paragraph 72 (4):
"(4) The service shall end 10 days after the date of service of the decision if the cases referred to in paragraph 1 (a) and (d) are cases or 60 days after the date of service of the decision are cases referred to in paragraph 1 (b) and (c). ';
56. In Paragraph 81 (1), the words "commercial corporations' are replaced by the words" legal persons'; the comma after the word "State 'is replaced by the words" a'; the words "and may not receive remuneration from the relevant commercial corporation unless otherwise provided for by the law. The prohibition on receiving remuneration shall continue at the time of termination of service" shall be deleted and at the end of the paragraph the sentence "The total amount of remuneration paid to the civil servant for all membership of the management or control bodies of legal entities engaged in business activities for a calendar year, including the share of profit or other performance (hereinafter referred to as" performance ') shall be supplemented by a maximum of 25% of the annual total of the highest fee and the maximum permissible personal allowance in the relevant grade, and, in the case of an additional management charge which may not be awarded to him under Annex 2 to this law, by the post where the civil servant last served in the relevant calendar year. A civil servant shall inform the service authority without delay of any performance paid to him.';
57. in Article 104 (1), the number "199" is replaced by "§ 199 (1) and (2), (200)."
58. In Paragraph 109 (2), the second sentence is deleted.
59. In Paragraph 110 (4), the words "salary provided 'are replaced by the words" compensation paid' and the words "reimbursement of travel expenses' are deleted.
60. In Paragraph 110 (6), the word "performance 'shall be inserted after the word" exemption' and the words "on the basis of a resolution initiating a criminal prosecution or by reason of detention 'shall be deleted.
61. In Article 149, the following paragraph 3 is inserted after paragraph 2:
"(3) A staff member may be granted a personal allowance, increased or reduced in connection with his or her inclusion, transfer or appointment to another post. ';
Paragraph 3 shall become paragraph 4.
62. In Paragraph 150 (1), the words "voluntary takeover 'are replaced by the words" successful' and the words "management 'are replaced by the words" or salary for representation pursuant to Paragraph 66'.
63. In Paragraph 150, at the end of paragraph 2, the words "according to the post at which the civil servant last served in the relevant calendar year 'shall be added.
64. In Article 154, at the end of paragraph 1, the dot is replaced by a comma and the following point (g) is added:
"(g) other information, if otherwise provided for by other legislation."
65. In Paragraph 154, the following paragraph 2 is inserted after paragraph 1:
"(2) The service card may also contain a contact electronic chip or another information medium. Only electronic means used in or in connection with the performance of the service may be uploaded to the contact electronic chip or other information medium. ';
Paragraph 2 shall become paragraph 3.
66.In Article 159 (1) (k), point 2 is deleted.
Points 3 and 4 shall become points 2 and 3.
67.In Article 159 (2) (g), the word "unpaid" is deleted.
68. In Article 159 (2), at the end of point (j), the dot is replaced by a comma and the following points (k) and (l) are added:
"(k) determination of the salary where the decision is taken
1. a change in the level of the fee tariff as a result of a change in the level of the rates laid down by the Government Regulation; or
2. the inclusion of a civil servant in a higher grade as a result of the achievement of the duration of the deductible practice set for a higher grade;
(l) remuneration. ';
69. Paragraph 164 (1) reads as follows:
"(1) Paragraph 146 of the Administrative Regulation shall not apply to the selection procedure under this Act. The deadline for submission of applications pursuant to § 24 (3) and (4) shall not be less than 10 days, the delay for submission of applications shall not be waived and an amendment of the application shall not be allowed after the deadline for submission of applications. As a general rule, the selection procedure shall be completed within 90 days of the expiry of the deadline for submission of applications. The file may be consulted only after the deadline for submission of applications. '
70. In the second sentence of Paragraph 164 (4), the words "and applicants who have succeeded in the selection procedure but who have not been selected as the most appropriate 'are inserted after the words" failed in the selection procedure'.
71. In Paragraph 164, at the end of paragraph 5, the sentence "The staff body shall cancel the selection procedure if no one submits an application or all applicants withdraw from the selection procedure."
72. In Section 164, paragraphs 6 to 8 are added:
"(6) If the applicant does not notify the service authority or the selection committee in writing of the withdrawal from the selection procedure, the applicant shall be recorded in the file.
(7) The staff authority or the selection panel shall issue an order cancelling the selection procedure which shall only be recorded in the file.
(8) The Staff Authority shall inform the successful applicants selected as the most appropriate in accordance with § 28 (2) or the successful applicants in accordance with § 28 (3), whose admission to service and appointment to a post or appointment to a post represented or appointment to a post of service or appointment to a post represented by a service body, have not decided that it has decided to join the service and to join the post or appointment to a post represented by another applicant. ';
73.In Paragraph 175 (c):
"(c) temporary incapacity to perform duties,"
74.
Point (e) shall be renumbered as point (d).
75. in Section 176, points (g) and (h) are deleted;
Points (i) to (k) shall be renumbered as points (g) to (i).
76. in Article 176 (h), the word "or" shall be deleted;
77.In Article 176, point (i) is deleted.
78. In Section 176 of the final part of the provision, the words "personal surcharge," shall be replaced by the words "personal surcharge," and the words "and the charge for the split shift" shall be deleted.
79.Paragraph 178 (1) reads as follows:
"(1) The service authority may fill the post of a fixedterm worker in accordance with the labour law if the civil servant is temporarily not serving at the post for more than 1 calendar month. ';
80. In Paragraph 178, the following paragraph 2 is inserted after paragraph 1:
"(2) Where the proper exercise of the duties of the Office is seriously jeopardised, the Staff Authority may fill the post of employment, with the exception of the post represented, by a fixed-term employment contract, with a duration of up to a maximum period of six months, until the post is filled by a civil servant in accordance with the procedure laid down in Article 24 (1) or (5). ';
Paragraphs 2 to 5 shall be renumbered paragraphs 3 to 6.
81. in Article 178 (5) and (6), "paragraphs 1 to 3" shall be replaced by "paragraphs 1 to 4";
82. in Article 181 (1), the following points (b) and (c) are inserted after point (a):
"(b) date of birth,
(c) citizenship, '.
Points (b) to (r) shall be renumbered (d) to (t).
83.In Article 181 (1), the following point (e) is inserted after point (d):
"(e) the registration number of the civil servant;"
Points (e) to (t) shall be renumbered as points (f) to (u).
84.In Article 181 (1), the following point (k) is inserted after point (j):
"(k) the place of employment,"
Points (k) to (u) shall be renumbered as points (l) to (v).
85. in Article 181 (1), the following point (t) is inserted after point (s):
"(t) an indication of the secondment to the service as a national expert and its inclusion after its termination;"
Points (t) to (v) shall be renumbered as points (u) to (w).
86. In Paragraph 181, at the end of paragraph 4, the dot is replaced by a comma and the following point (e) is added:
"(e) the name and, where appropriate, the name, surname, date and place of birth, nationality and registration number of the person who has been granted the official examination.";
87. In the fourth sentence of Paragraph 182 (1), the text "and (e)" shall be added after the text "Paragraph 181 (4) (d)."
88. In the first sentence of Article 190 (4), the words "and, in the case of a staff member who carries out activities as a doctor of a social security institution, as from 31 December 2018 'shall be inserted after the words" 30 June 2017'.
89. The following Section 190a is inserted after Section 190:
(1) The employment of an employee referred to in Article 190 (1), who was not recruited because he did not fulfil the requirement under Article 25 (1) (e), or did not apply for service and did not meet the requirement under Article 25 (1) (e), will expire on 31 December 2021.
(2) The staff member referred to in paragraph 1 shall be entitled to be recruited for an indefinite period of time if the administrative office applies for admission to service in writing by 31 August 2017, fulfils the conditions laid down in paragraphs 25 (1) (a), (c), (d) and (f) of Paragraph 190 (1) (b) and has reached the age of 50 years and has been in the administrative office, the municipal office of the municipality with an extended mandate, the regional office, the institution of the European Union or an international organisation of activities referred to in Article 5 or an activity similar to that of at least 20 years.
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Regulation Information
| Citation | Act No. 144 / 2017 Coll., amending Act No. 234 / 2014 Coll., on Civil Service, as amended |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 17.05.2017 |
|---|---|
| Effective from | 01.06.2017 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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