What is Act No. 218 / 2002 Coll.?

Act No. 218 / 2002 Coll., on the service of civil servants in administrative offices and on the remuneration of such staff and other servants in administrative offices (Staff Act) — Law on the service of civil servants in administrative offices and on the remuneration of such staff and other servants in administrative offices (Staff Act).

When it became Act No. 218 / 2002 Coll. effectiveness?

Act No. 218 / 2002 Coll. became effective 01.01.2015.

Is Act No. 218 / 2002 Coll. still valid?

Yes, Act No. 218 / 2002 Coll. is still valid and effective.

How many times was it Act No. 218 / 2002 Coll. amended?

Act No. 218 / 2002 Coll. has 27 time versions of the text.

Act No. 218 / 2002 Coll.

Law on the service of civil servants in administrative offices and on the remuneration of such staff and other servants in administrative offices (Staff Act)

Valid Law Effective from 01.01.2015

Text versions: 01.01.2015 06.11.2014 01.01.2013 01.04.2012 01.01.2012 All versions (26)

ČÁST PRVNÍ HLAVA I § 1 § 2 HLAVA II Díl 1 § 3 § 4 Díl 2 § 5 Díl 3 § 6 § 7 § 8 § 9 Díl 4 § 10 HLAVA III § 11 § 12 § 13 HLAVA IV § 14 § 15 § 16 ČÁST DRUHÁ HLAVA I § 17 HLAVA II § 18 § 19 HLAVA III § 20 HLAVA IV § 21 § 22 § 23 HLAVA V § 24 § 25 § 26 HLAVA VI § 27 ČÁST TŘETÍ HLAVA I § 28 § 29 HLAVA II Díl 1 § 30 Díl 2 § 31 § 32 § 33 § 34 Díl 3 § 35 HLAVA III § 36 HLAVA IV Díl 1 § 37 § 38 § 39 § 40 § 41 § 42 § 43 § 44 § 45 § 46 § 47 § 48 § 49 § 50 Díl 2 § 51 § 52 § 53 HLAVA V § 54 Díl 1 § 55 Díl 2 § 56 Díl 3 § 57 Díl 4 § 58 HLAVA VI § 59 § 60 ČÁST ČTVRTÁ HLAVA I Díl 1 § 61 § 62 Díl 2 § 63 Díl 3 § 64 § 65 § 66 § 67 HLAVA II § 68 HLAVA III § 69 ČÁST PÁTÁ HLAVA I § 70 HLAVA II § 71 § 72 § 73 HLAVA III § 74 § 75 § 76 HLAVA IV § 77 § 78 HLAVA V § 79 ČÁST ŠESTÁ HLAVA I § 80 HLAVA II Díl 1 § 81 Díl 2 § 82 Díl 3 § 83 Díl 4 § 84 HLAVA III Díl 1 § 85 Díl 2 § 86 HLAVA IV § 87 § 88 HLAVA V § 89 § 90 § 91 § 92 § 93 § 94 HLAVA VI § 95 HLAVA VII § 96 HLAVA VIII Díl 1 § 97 Díl 2 § 98 HLAVA IX Díl 1 § 99 Díl 2 § 100 § 101 Díl 3 § 102 ČÁST SEDMÁ HLAVA I § 103 HLAVA II § 104 HLAVA III § 105 HLAVA IV § 106 § 107 HLAVA V § 108 ČÁST OSMÁ HLAVA I § 109 § 110 HLAVA II § 111 HLAVA III § 112 § 113 § 114 § 115 § 116 § 117 § 118 § 119 § 120 § 121 ČÁST DEVÁTÁ HLAVA I Díl 1 § 122 Díl 2 § 123 Díl 3 § 124 HLAVA II § 125 HLAVA III § 126 § 127 § 128 § 129 HLAVA IV § 130 § 131 § 132 ČÁST DESÁTÁ HLAVA I Díl 1 § 133 § 134 § 135 § 136 § 137 § 138 § 139 § 140 § 141 § 141a § 142 § 143 § 143a § 144 § 144a § 145 § 147 § 148 § 149 § 150 § 151 Díl 2 § 152 § 153 § 154 § 155 § 157 § 158 HLAVA II Díl 1 § 159 § 160 § 161 § 161a § 162 § 163 § 164 § 165 § 165a Díl 2 § 166 § 167 § 168 HLAVA III Díl 1 § 169 § 172 § 173 § 174 § 175 § 181 Díl 2 § 184 § 190 § 191 ČÁST JEDENÁCTÁ HLAVA I § 192 HLAVA II Díl 1 § 193 Díl 2 § 194 Díl 3 § 195 § 196 Díl 4 § 197 HLAVA III Díl 1 Oddíl 1 § 198 Oddíl 2 § 199 § 200 Oddíl 3 § 201 § 202 § 203 § 204 § 205 § 206 § 207 § 208 § 209 § 210 § 211 § 212 § 213 § 214 § 215 Díl 2 Oddíl 1 § 216 § 217 § 218 Oddíl 2 § 219 HLAVA IV § 220 § 221 HLAVA V § 222 HLAVA VI § 223 § 224 § 225 HLAVA VII Díl 1 § 226 Díl 2 § 227 Díl 3 § 228 Díl 4 § 229 Díl 5 § 230 § 231 § 232 HLAVA VIII § 233 HLAVA IX § 234 ČÁST DVANÁCTÁ HLAVA I Díl 1 § 235 Díl 2 § 236 § 237 Díl 3 § 238 § 239 § 240 Díl 4 § 241 § 242 § 243 Díl 5 § 244 Díl 6 § 246 Díl 7 § 249 Díl 8 § 250 Díl 9 § 251 Díl 10 § 252 HLAVA II § 253 § 254

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218

THE LAW

of 26 April 2002

on the service of civil servants in administrative offices and the remuneration of such staff and other servants in administrative offices (Staff Act)

Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

GENERAL PROVISIONS

HLAVA I

SUBJECT MATTER OF ADJUSTMENT AND SCOPE

§ 1

This law regulates the legal situation of employees operating in public administration offices as a service provided by the Czech Republic to the public (hereinafter referred to as the "civil servant '), the civil service organisational matter (hereinafter referred to as the" service'), the preparation of natural persons for service, the professional relations of civil servants in administrative offices, (1) the remuneration of such persons, unless otherwise provided for in specific legislation, (2) the management of services, the remuneration of other staff in the administrative capacity, and the organisational matters relating to the employment of such staff.

§ 2

(1) This Act shall not apply to members of the Government and members of the Broadcasting Council. The approvals of the members of the Government under this Act are set out in § 9 (5), § 10 (3), § 12 (3) and (4), § 16 (2), § 53 (4), § 68 (1) to (4), § 172, § 173, § 174 (4), § 181, § 190 and § 196 (4).

(2) This law shall not apply, except in the case of the remuneration and authorisations referred to in paragraph 1, to the Head of the Office of the Government of the Czech Republic3 (hereinafter referred to as the Office of the Government).

(3) This law shall not apply, except in respect of remuneration and organisational matters relating to employment, to:

(a) a spokesperson for a member of the Government;

(b) the head of the organisation body which works for a member of the government, to advisers and staff who carry out other otherwise designated activities for a member of the government;

(d) the head of the organisation body working for the Head of the Office of the Government, to advisers and staff who carry out other otherwise designated activities for the Head of the Office of the Government;

(e) staff who perform only auxiliary, service or manual work in administrative offices, as well as staff who only manage, organise and control the performance of auxiliary, service or manual work.

HLAVA II

BASIC PROVISIONS

Díl 1

Administrative office and official office

§ 3

(7) Where special laws are established, these laws are expressly referred to as ministries or administrative authorities or public administrations or public administrations or are governed by such laws.

§ 4

The administrative office referred to in Article 3 in which the civil servant carries out the service shall be the office of service. The place (address) of the seat of the Office or the organisational body of the Office shall be the place of employment of a civil servant.

Díl 2

Services

§ 5

(1) The scope of the service shall be understood as the section of the activity of the service office or part thereof resulting from a special law determining its scope.

(2) A civil servant shall serve at the post in the service to which he was appointed.

(3) By regulation, the Government provides for branches of services under special laws.

Díl 3

State employees

§ 6

(1) If the service relationship of natural persons is not governed by special legislation on the service relationship, 8) civil servants under this law are natural persons who fulfil the statutory conditions and requirements laid down in this law, have successfully ceased preparation for the service, have been appointed to the service under this law to carry out the activities referred to in paragraph 2 and have made a service promise.

(2) The service under this Act includes:

(a) the preparation of legislative proposals and the provision of legal activity by administrative authorities;

(b) preparing proposals for international agreements;

(d) the management and direction of the activities of subordinate administrative offices;

(e) the creation and management of information systems in public administration;

(f) State statistical administration;

(g) the administration of the chapter of the State Budget in respect of the organisational components of the State and of legal persons, with the exception of the service office in which the service is performed;

(h) the protection of classified information;

(i) security of state defence;

(j) the defence of the foreign interests of the Czech Republic,

(k) subsidy policy;

(l) State R & D policy,

(m) administrative decisions;

(n) State control, supervision or supervision;

(o) provision of organisational matters for the service and management of service relationships and pay ratios of civil servants under this Act;

(p) the procedure;

(r) the preparation and development of technical material for the activities referred to in points (a) to (d), (g), (j), (m) and (n), except for those consisting of physical measurements, chemical analyses or checking, comparison and determination of technical parameters.

§ 7

Prescribed education and service title of civil servants

(1) State employees are entitled to a service title.

(2) For the official post of a civil servant prescribed

(a) secondary vocational education9) is the service title of the referentst;

(b) full secondary education9) the professional title is an expert officer;

c) full secondary education is the service title of the referentspecialist;

(d) full secondary education is the service title of a senior officer;

(e) full secondary education is the service title of a senior referentspecialist; where a civil servant carries out a control activity, the service title shall be the inspector;

(f) higher vocational education9) or higher education obtained by study in the Bachelor's study programme10) is the service title of the Chief Official; where a civil servant carries out an inspection activity, the service title shall be the Chief Inspector.

(3) For the post of official staff member prescribed

(a) higher education obtained by study in the Bachelor's study programme10) is the service title of the Council;

(b) the professional title is the professional title obtained by the study in the Master's study programme11;

(d) the professional title of the higher education obtained by study in the Master's study programme is the ministerial term;

(e) the higher level of education obtained by study in the Master's study programme is the higher level of the ministerial council;

(f) the higher education obtained by study in the Master's study programme shall be the service title of the Senior Ministerial Council.

(4) The achievement of higher education than prescribed in paragraphs 2 and 3 shall not be taken into account.

(5) In the Central Administrative Office, the official name of the civil servant referred to in points (d) to (f) of paragraph 3 shall be used by the State Council, the High Council of State and the Supreme Council of State. In the Office of the Government, the government board, senior government board and senior government board shall be used instead of the official title of the civil servant referred to in points (d) to (f) of paragraph 3. In a national administrative authority, the State Council shall apply the service title referred to in paragraph 3 (d).

(6) The use of a professional title under special legislation (12) is without prejudice to paragraphs 2, 3 and 5.

(7) For the purposes of this Act, the education obtained by study at the University of the Political Central Committee of the Communist Party of Czechoslovakia, the Military Political Academy of Klement Gottwald, the high political and security schools and schools in the former Union of Soviet Socialist Republics and the faculties of all these universities are not considered to be university education.

§ 8

Professional designation of civil servants in foreign service

(1) In addition to the designation provided for in Article 7, a diplomatic or consular rank shall be awarded or lent to civil servants in foreign service.

(2) Diplomatic evaluations are:

(a) attaché;

(b) the III. Secretary,

(d) the First Secretary,

(e) the Embassy Council,

(f) a radar envoy,

(g) the Ambassador.

(3) The consulate values are:

(a) consular agent for attaché,

(b) the Vice-Consul for the III and II Secretaries,

(d) the consul-general for the councilandambassadors.

(4) By decree, the Ministry of Foreign Affairs sets out the procedure for granting and lending diplomatic or consular degrees.

§ 9

Presentation, service authorities, service signs and prescribed education

(1) The representatives are senior civil servants who are entitled to lead, organise, manage and control the performance of their duties at the various stages of the administration's subordinate civil servants. Natural persons who are in service under special legislation may also be represented. 8)

(2) The prescribed education of the superior is derived from the most demanding activity whose performance is managed professionally. The representative shall be entitled, in addition to the service signs referred to in Article 7 or, where appropriate, to the service signs referred to in Article 8, to the service signs of the representative.

(3) The posts designated for the Directors and their service descriptions shall be:

(a) Head of the department and Deputy Head of the department;

(b) the head of the representative office;

(d) the Director of the Section and the Deputy Director of the Section,

(e) the Secretary of State and the Deputy Secretary of State,

(f) the Head of Staff and Deputy Head of Staff.

(4) The posts designated for the heads of staff within whose competence the organisational matters of the service and the professional relations of civil servants are covered by the Staff Regulations are:

(a) the HR Director and the Deputy HR Director;

(b) the Director-General of the Civil Service and the Deputy Director-General of the Civil Service ("Director-General" and "Deputy Director-General").

(5) The official post of the Secretary of State is set up in ministries and the Government Office. The Secretary of State shall manage, coordinate and monitor the performance of the duties of the Director of the Sections, the Director of Staff and, where appropriate, other senior and senior officials managed by him. The official duties of the Secretary of State shall be imposed by the Head of Administration in the Office of the Ministry, the Minister and the Office of the Government.

(6) For the purposes of this Act, the Head of the Service Office, with the exception of the Service Offices, which are ministries and the Government Office, is the authority which heads the Administrative Office and is entitled to manage it under specific legislation. The Head of Staff shall be the head of the Administration of the Chief Executive.

(7) The professional title of the Head of Staff is the responsibility of the Head of Central Administration and of the Head of Administration; This does not apply to the Head of the Government Office. The designation to be given to the service authority under a special legislation shall not be affected.

(8) The staff director's post shall be established in the ministries' official offices and in the official office of the Government's office.

(9) Only a civil servant may be appointed to the representative, with the exception of the representative of the holder of a fixed-term service abroad and the representative of a fixed-term service as a member of the Council of the Czech Telecommunications Office. There is no right to be appointed by the Directors.

(10) The Head of the Office, the Deputy Head of the Office, the Chief of Staff, the Deputy Chief of Staff, the Director-General and the Deputy Director-General are the Staff Authorities. The service authorities shall carry out the activities referred to in Article 6 (2) (o).

Díl 4

Staff Regulations

§ 10

(1) In particular, the Staff Regulations lay down the scope of the authorisation to give binding orders to civil servants. Staff Regulations may be issued only in writing.

(2) Service authorities are entitled to issue service regulations (Section 9 (10)).

(3) The Staff Regulations laying down the scope of the authorisations of represented or, where applicable, designated civil servants (Section 68 (1)), to give binding orders to civil servants to perform their duties in the departments of ministries shall be issued in agreement with a member of the Government governed by the Ministry and the Secretary of State. In the official office of the Office of the Government, the Staff Regulations shall be issued in accordance with the first sentence in agreement with the Head of the Office of the Government and the Secretary of State.

(4) The Staff Regulations must not conflict with one another. If there is a conflict between the Staff Regulations, the Staff Regulations issued by the Senior Service Authority shall be followed.

(5) A service provision which is contrary to the law shall be deemed to be invalid. The competent service authority shall revoke the service provision issued by a subordinate service body which is contrary to the law. The Director-General shall revoke the Staff Regulations issued by the Service Authority which is in breach of the legislation. The provisions of paragraph 3, which are contrary to the law, shall be repealed by the Government on a proposal from the Prime Minister.

(6) The service authority shall ensure that an overview of the applicable service regulations is kept and that this summary is updated.

(7) The Staff Regulations are binding on civil servants; when provided for in this law, the provisions of the Staff Regulations shall also apply to natural persons preparing for service and staff in administrative offices. The Office shall ensure that civil servants are properly informed of the Staff Regulations and are allowed to consult them and, where necessary, to secure the text of those Regulations on their cargo.

HLAVA III

ORGANISATION MATTERS OF SERVICES AND MANAGEMENT OF SERVICE RELATIONS OF STATE STAFF

§ 11

Directorate-General for Civil Service and Director-General

(1) The Directorate-General for Civil Service (Directorate-General) is an organisational unit of the Office of the Government; act as an organisational, conceptual, coordinating, central management, executive and control point in service matters under this Act.

(2) The tasks referred to in paragraph 1 are carried out by the Directorate-General

(a) preparing the draft systemisation and checking compliance;

(b) preparing draft legislation relating to the service, with the exception of those on remuneration under this law;

(d) by ensuring a uniform procedure for the implementation of this Act, the legislation issued for its implementation and the provisions of service issued by the Director-General;

(e) coordination of training of civil servants and coordination of training of natural persons preparing for the service;

(f) the management of the Information System on service and salaries; it includes a register of civil servants and a register of natural persons preparing for the service,

(g) by assigning registration numbers to civil servants,

(h) carrying out other obligations under this law.

(3) The Director-General shall be Head of the Directorate-General. The Director-General shall be represented by a Deputy Director-General. The Deputy Director-General shall carry out the other duties laid down in this Act.

(4) Director-General

(a) manage the Directorate-General;

(b) establish binding rules for the organisation of service offices and approve their organisational structures;

(d) prepare documents for the termination of the Staff Regulations pursuant to Paragraph 10 (5) of the fourth sentence;

(e) carry out other tasks provided for by this law and other laws.

(5) The Director-General and the civil servants authorised by him are entitled to carry out checks in the service offices on organisational matters, the employment relations of civil servants and their security under this law; when carrying out the check, they shall comply with a specific legislation on State control. 13) The service authority shall be obliged to make the inspection possible.

(6) The register of civil servants is kept separately from the register of natural persons preparing for the service.

(7) The register of civil servants contains:

(a) the name, surname and academic title;

(b) birth number,

(d) the service title of the civil servant;

(e) the date of service;

(f) the type of service;

(g) the field of service;

(h) the official office in which the civil servant carries out the service.

(8) The register of natural persons preparing for service contains:

(a) the name, surname and academic title;

(b) birth number,

(d) the service office in which it is prepared for the performance of its duties.

§ 12

Staff Director

(1) The Director of Staff shall be responsible for the organisational and professional relations of civil servants, including their remuneration in the Staff Office. The staff director shall be represented by a deputy staff director. The staff director shall be the head of the staff department. The staff director shall also manage the employment relationships of other staff in the administrative office, including their remuneration and, where appropriate, the organisational matters of the service and the professional relations of civil servants in the service relationship under the special legislation8), including their remuneration. Where the head of the administrative office is a natural person who is in a service relationship under a special law, 8) manages the organisational matters of the services and service relationships of civil servants under that law, including their remuneration, who perform the service in that office and is considered to be a service body (§ 9 (10)).

(2) The Director of Staff is under the authority of the Secretary of State in the matters of organisation of the service and employment relations of civil servants. The Head of the Service Office, which is the Central Administration Office, and the Head of the Service Offices, which do not have a superior Service Office, shall be subordinate to the Director-General in the organisational matters of the service and service relations of civil servants. The head of the service offices subordinate to the Ministry shall be in charge of the staff director in the organisational matters of the services and service relations of civil servants. The head of the service offices subordinate to the central administrative offices shall be responsible for the management of the central administrative office in the organisational matters of the civil service and the professional relations of civil servants. The heads of the other service offices shall be subordinate in the organisational matters of the civil service and the professional relations of the civil servants to the head of the service, who shall be superior to the office.

(3) In service relations relating to changes in service pursuant to § 37 (e), (f) and (h) and termination of service, the staff director shall proceed in the service office of the Ministry in agreement with the member of the government which the Ministry manages. In the official office of the Office of the Government, the first staff director shall proceed in the cases referred to in the sentence in agreement with the Head of the Office of the Government.

(4) Where a member of the government managing the Ministry or the Head of the Government Office requests information in matters other than those referred to in paragraph 3, the HR Director shall provide information.

§ 13

Staff

(1) The Staff Department is the organisational unit of the Staff Office in which the civil servant performs his duties; ensure the organisational matters of the service, the professional relations of civil servants under this Act, including their remuneration and employment relations of other servants in the administrative office, including their remuneration, and, where appropriate, the organisational matters of the service and the professional relations of civil servants in the service relationship under special legislation8), including their remuneration.

(2) The Staff Department shall be established, to the extent provided for by the systemisation, in the official offices in which it carries out the service and in the employment relationship, a total of at least 25 natural persons. The personnel department is not set up in district mining offices, 14) in financial offices, the Appeal Financial Directorate and customs offices. 15) The Staff Department shall not be set up in the Staff Office if the activities it is intended to carry out are provided by less than 5 systematic posts.

(3) Where neither a personnel department nor a systemised place for the performance of its activities is set up in the service office (paragraph 2), the tasks of the personnel department shall be performed by the staff department in the superior service office. If the service office does not have a superior service office, the tasks of the staff department of the Directorate-General shall be performed.

(4) The Directorate-General is the personnel service of the Head of Staff of the Central Administrative Office. The Director of Personnel, the Deputy Director of Personnel, the Director-General and the Deputy Director-General shall be the Directorate-General.

HLAVA IV

SYSTEM

§ 14

(1) Systemisation in the service and preparation for the service is based on binding rules for the organisation of service offices and aspects for the effective provision of tasks in the service fields; include the fixing of:

(a) the number of posts of ordinary civil servants classified by grades (Section 136 (1));

(b) the number of posts represented under Sections 9 (3) and 9 (4) classified by grades (Section 136 (1));

(d) the number of posts of natural persons preparing for service in service offices classified by grades;

(e) the amount of funds for salaries of natural persons preparing for service in the service offices.

(2) The draft systemisation for the relevant calendar year is prepared by the Directorate-General in cooperation with the Ministry of Finance in the previous year. In preparing the draft systemisation, the Directorate-General shall base its work on proposals made by the service authorities through the superior service bodies. If the service authority does not have a superior service authority, it shall submit the proposal directly to the Directorate-General. The draft systemisation shall be discussed by the Directorate-General with the superior service bodies, unless the service office has a superior service body, the Directorate-General shall discuss the draft systemisation with the competent service body.

(3) The draft systemisation shall contain the summary data referred to in paragraph 1 for central administrative offices and summary data for their subordinate administrative offices and summary data for administrations which do not have a superior administrative office.

(4) The government shall approve the systemisation for the calendar year concerned in the previous year. The Government is entitled to adjust the organisational structure of the Office in the context of the approval of the systemisation [Paragraph 11 (4) (b)]. The Prime Minister presents the draft systemization to the government.

(5) According to a government-approved systemisation (paragraph 4) and binding rules for the organisation of service offices [Paragraph 11 (4) (b)], the service authorities shall process the draft organisational structures of the service offices and submit them to the Director-General through the superior service bodies.

(6) Staff posts and funds for the salaries of civil servants, posts and funds for the salaries of natural persons preparing for a service under approved systemisation may not be used for any purpose other than that specified.

(7) The approved systemisation will be forwarded by the Director-General to the Ministry of Finance by the deadline following the timetable for the preparation of the draft state budget.

§ 15

A change in the systemisation resulting in a change in the number of posts or a change in the grade of a civil servant shall be admissible only if the change of competence of the service office is made by means of a separate law or a substantial change in the conditions under which it was approved. The government approves the change in systemization.

§ 16

(1) The service authorities shall submit to the Directorate-General, on the basis of binding rules for the organisation of service offices, a draft systemisation (Paragraph 14 (1)) and a draft organisational structure of service offices within the time limit set by the Directorate-General through the superior service bodies. If the service authority does not have a superior service authority, it shall submit the proposal directly to the Directorate-General.

(2) The draft systemisation and the draft organisational structure of the service offices, which are ministries or government offices, are being prepared in conjunction with a member of the government which is governed by the Ministry concerned or with the Head of the Government Office.

(3) The Directorate-General is authorised to review the proposal referred to in paragraph 1 and to request its addition or revision.

(4) The service authorities shall comply with the requirement laid down in paragraph 3.

ČÁST DRUHÁ

SERVICES PREPARATION

Zobrazit všechna ustanovení (1752)

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Regulation Information

Citation	Act No. 218 / 2002 Coll., on the service of civil servants in administrative offices and on the remuneration of such staff and other servants in administrative offices (Staff Act)
Regulation Type	Law
Author	-
Collection	Code of Laws

Date of Promulgation	28.05.2002
Effective from	01.01.2015
Effective until	-
Status	Valid

Legal Areas: Health and safety at work Power of executive and government authorities Wages, salaries, wages, compensation Compensation for damages under labour law Labour relations Working time Employment. Service relationship Labour law Social security law Self-administration Administrative authorities Administrative law Government Constitutional (state) law

The regulation text is for informational purposes only.