Act No. 35 / 2019 Coll.
Act amending Act No. 234 / 2014 Coll., on Civil Service, as amended, and Act No. 150 / 2017 Coll., on Foreign Service and on the amendment of certain laws (Act on Foreign Service)
Valid
Law
Effective from 01.03.2019
Text versions:
01.03.2019
14.02.2019
Zobrazeno prvních 200 z celkem 295 ustanovení tohoto předpisu.
Zobrazit celý předpis →
Pro stažení celého znění použijte tlačítko Stáhnout výše.
35
THE LAW
of 23 January 2019
amending Act No. 234 / 2014 Coll., on Civil Service, as amended, and Act No. 150 / 2017 Coll., on Foreign Service and amending certain laws (Foreign Service Act)
Parliament has decided on this law of the Czech Republic:
Amendment of the Civil Service Act
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. 150 / 2017 Coll., Act No. 205 / 2017 Coll., Act No. 335 / 2018 Coll., amended as follows:
1. In Article 4 (3), the words "the office of employment or its organisational department 'are replaced by the words" a civil servant regularly carries out the service'.
2. In Article 5, paragraphs 3 and 4 are added:
"(3) No more than 3 branches of service may be provided for a post of service and no more than 4 branches of service may be provided for.
(4) Only branches of service which correspond to the predominant and normally performed administrative activities at that post may be designated for the post of service; for a post, the field of service in which the most demanding administrative activity is carried out must always be specified. ';
3. In Article 11 (4), the second sentence is deleted.
4. In Article 11, the following paragraphs 5 and 6 are inserted after paragraph 4:
"(5) The Deputy Minister for Civil Service may issue a Staff Order which is binding on all civil servants, staff in employment engaged in the activities referred to in paragraph 5 and persons in service under another law which is included in the service in the service office. The provisions of the first sentence shall not apply in the case of a civil servant serving in the Broadcasting Council, the Czech Telecommunications Office, the Energy Regulatory Office, the Office for the Protection of Competition, the Office for the Protection of Personal Data, the Office for the Management of Political Parties and Political Movement, the Czech Statistical Office, the Office for Access to Transport Infrastructure or the State Office for Nuclear Security. Furthermore, the provisions of the first sentence shall not apply in the case of a staff member engaged in an activity in accordance with Paragraph 5 in the Office referred to in the second sentence and in the case of a person in service under another law classified in the Office referred to in the second sentence.
(6) The Head of Staff or the Secretary of State may issue a Staff Order which shall also be binding on a civil servant who is serving in a subordinate Staff Office, an employee in an employment relationship in a subordinate Staff Office pursuant to Article 5 and a person in a service relationship under any other law which is included in the service of a subordinate Staff Office, provided that uniform arrangements of the organisation of the service are necessary for the subordinate Staff Offices. ';
Paragraph 5 shall become paragraph 7.
5. In Article 14 (5), the words "with the exception of cases referred to in Article 159 (2) (j) 'are deleted.
6. In Article 15 (4), the words "cases relating to changes in service pursuant to Article 44 (f) and (g) and termination of service 'are replaced by the words" cases relating to appointment to the post of superior, with the exception of appointment to the post of Head of Unit,';
7. In Article 15 (7), the words "with the exception of cases referred to in Article 159 (2) (j) 'are deleted.
8. In the first sentence of Article 24 (5), the text "up to 5, Article 51 (5) or (6) shall be inserted after the text" Paragraph 49 (2). "
9. In Article 25 (5) (b), the words "to be familiar with classified information in accordance with the legislation governing 'are replaced by the words" to have access to classified information under the legislation governing it'.
10.Paragraph 35 (2) reads as follows:
"(2) The Office of Staff shall, at the latter's request, allow the staff member to carry out the official examination no later than:
(a) before the expiry of the term of service for a fixed period; or
(b) within 12 months of the date on which the civil servant began to serve in another or other field of service. "
11. in Paragraph 36, the following paragraph 5 is added:
"(5) The Government may, when changing the scope of the service by regulation, provide that a successful special part of the official examination for the current field of service is to be considered as a successful special part of the official examination for the new field of service. ';
12. Paragraph 40 (2) is deleted.
Paragraphs 3 to 5 shall be renumbered paragraphs 2 to 4.
13. In Paragraph 40, the words "and Paragraph 38 (1) shall apply mutatis mutandis' shall be added at the end of the text of paragraph 2.
14. In the first sentence of Article 42, the words "referred to in Article 29 (1) 'shall be replaced by the words" assigned to the post or appointed to the post of Head of Staff, Deputy Director of the Section, Director of the Section, Director of the Department or Head of the Department who has been recruited for a fixed term in accordance with Article 29 (1)' and the words "assigned to 'and the words" appointment to' shall be inserted.
15. In Paragraph 42, the current text becomes paragraph 1 and the following paragraph 2 is added:
"(2) A civil servant appointed to the post of Deputy Minister of Civil Service, Secretary of State or Director of Staff of the Civil Service Section, who has been recruited for a fixed term in accordance with Paragraph 29 (1), shall be entitled, after successful completion of the official examination, to change the duration of the service for an indefinite period, or for a fixed period as indicated in the notice of invitation to tender and to be appointed to an existing post represented for a fixed period in § 52 (1) or in § 53 (1) or for a specified period as indicated in the notice of notice of invitation to tender. The test period referred to in Paragraph 29 (2) shall be without prejudice to this. ';
16. in Paragraph 44, point (o) is deleted;
Points (p) to (r) shall be renumbered as points (o) to (q).
17. In Paragraph 49, the words "or with an existing immediate superior, if he is in the subordination of the same immediate superior, shall be added at the end of the text of paragraph 2. if, according to 2 consecutive service evaluations, he has achieved excellent results in the service, civil servants may also be assigned to a post in the grade of 1 grade higher than the previous post. ';
18. In Paragraph 49, the following paragraphs 3 to 5 are inserted after paragraph 2:
"(3) Under the conditions laid down in paragraph 2, a civil servant shall also be assigned to another post in a service office subordinate to the same central administrative office or to a superior central administrative office, provided that a new service body with a new direct superior is evaluated in writing. A new service body shall decide to include a civil servant in another post.
(4) A civil servant who is serving at a post in the 9th or 10th grade for which he fulfils a specified education shall be assigned, with his consent, to another post in the same service office in the same grade as that in which he is in the previous grade, if he fulfils the conditions and requirements laid down for another post, except for education, and if he agrees to be assigned in writing by the service authority with the new immediate superior, or with the existing immediate superior, if he is in charge of the same direct superior. Furthermore, the condition of the first sentence is that the civil servant has served in the same field of service for at least 4 years and has achieved excellent results in the service of 2 consecutive service evaluations.
(5) Under the conditions laid down in paragraph 4, a civil servant shall also be assigned to another post in a service office subordinate to the same central administrative office or to a superior central administrative office in the same field of service, provided that a new service body with a new direct superior is agreed in writing. A new service body shall decide to include a civil servant in another post. ';
Paragraphs 3 and 4 shall be renumbered paragraphs 6 and 7.
19. In Paragraph 51 (1), the word "further 'is deleted and at the end of the paragraph, the sentence" The selection procedure shall always take place for the vacancy of the Deputy Minister of Civil Service, the Secretary of State, the Head of Staff, the Director of the Section and the Director of Staff of the Civil Service Section.';
20. In the second sentence of Article 51 (2), "27 and Article 28 (2) to (4) 'is replaced by" 28'.
21. Paragraph 51 (4) reads:
"(4) A person who has been appointed to a post appointed by the Chief shall, for a period of 3 years from the end of the service at the post represented by him, be considered as meeting the conditions for participation in the selection procedure referred to in paragraphs 52 to 58 to a post represented for the same or lower degree of service; This shall not apply if the person who has been removed from the post represented for the reasons set out in Paragraph 60 (1) (b) or who has been imposed a disciplinary measure referred to in § 89 (2) (c), and if the person whose previous employment has ended for the reasons set out in § 72 (1) (b) or in § 74 (1) (a) to (c) and (e), respectively. ';
22. In Paragraph 51, at the end of paragraph 5, the words "or with an existing immediate superior, if it is a post which is in the subordination of the same immediate superior, shall be added. where, according to the conclusions of 2 consecutive service evaluations, he has achieved excellent results in the service, he may also be appointed to a post of one grade higher than the former. '
23. In Paragraph 51, the following paragraph 6 is added:
"(6) The representative shall also be appointed, under the conditions laid down in paragraph 5, to another post in a service office subordinate to the same central administrative office or to a superior central administrative office in the same field of service, provided that a new service body with a new direct superior is designated in writing. The appointment of the representative to another post shall be decided by a new service body. ';
24. In Section 52 (3) of the introductory part of the provision, the words "the selection procedure may take part 'are replaced by the words" The first round may take part in the selection procedure'.
25. in Article 52 (3) (a), the words "the Director of the Section," or "the Director of Staff of the Civil Service Section," shall be inserted after the words "the Deputy Director of the Civil Service Section," or "the Director of Staff of the Department," ';
26. in Article 52 (3), the following point (b) is inserted after point (a):
"(b) a senior staff member classified in the organisational component of a State which manages another senior staff member; or"
Point (b) shall be renumbered (c).
27. in Paragraph 52 (3) of the final part of the provision, the words "in the administrative office" shall be replaced by the words "in the organisational component of the State" and the words "Office of the President of the Republic, Office of the Chamber of Deputies, Office of the Senate" shall be deleted;
28. In Paragraph 52, paragraphs 4 and 5 are added:
"(4) Where the post was not filled in the first round of the selection procedure, the second round of the selection procedure shall be awarded.
(5) In the second round, a person who is a national citizen of the Czech Republic may also take part in the selection procedure and has reached the age of 40 years and, for at least the last 8 years, performed a leading role or as a member of a statutory body of a legal entity in the activities referred to in § 5 or similar activities. "
29. in Article 53 (3) (a), the words "or the Director of the Department, or" shall be replaced by the words "the Director of the Section, the Personnel Director of the Civil Service Section or the Director of the Department;"
30. in Article 53 (3), the following point (b) is inserted after point (a):
"(b) a senior staff member classified in the organisational component of a State which manages another senior staff member; or"
Point (b) shall be renumbered (c).
31. in Article 53 (3) of the final part of the provision, the words "in the administrative office" shall be replaced by the words "in the organisational component of the State" and the words "Office of the President of the Republic, Office of the Chamber of Deputies, Office of the Senate" shall be deleted;
32. in Paragraph 53 (4), the words "none of the participants in the selection procedure has succeeded" shall be replaced by the words "the post was not filled in the first round of the selection procedure."
33. in Paragraph 53 (5):
"(5) In the second round, a person who, for at least 4 years, has held a leading office or as a member of a statutory body of a legal entity in the activities referred to in Article 5 or similar activities may also take part in the selection procedure. '
34. In Article 54 (3), the words "or a senior member of the State which manages other senior staff 'shall be inserted after the words" with the exception of the Head of Unit'; the words "in the Administrative Office 'shall be replaced by the words" in the State's organisational component'; the words "the President's Office, the Chamber of Deputies' shall be deleted;
35. in Paragraph 54 (4), the words "none of the participants in the selection procedure succeeded" shall be replaced by the words "the post was not filled in the first round of the selection procedure."
36. in Paragraph 54 (5):
"(5) In the second round, a person who has been engaged in activities under § 5 or similar activities for at least 4 years during the past 8 years may continue to take part in the selection procedure, of which at least 2 years in the lead office or as a member of the statutory body of a legal entity. ';
37. in Article 55 (3), the following point (b) is inserted after point (a):
"(b) a senior member of staff, classified in the organisational component of a State which is active in a field the content of which corresponds to that of a service and which is managed by a senior member of staff;"
Points (b) to (g) shall be renumbered (c) to (h).
38. In Article 55 (3), the word "or 'shall be added at the end of point (f), at the end of point (g), the word" or' shall be deleted and point (h) shall be deleted.
39. in Paragraph 55 (3) of the final part of the provision, the words "in the administrative office" shall be replaced by the words "in the organisational component of the State" and 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 deleted;
40. In Paragraph 55 (4), the words "none of the participants in the selection procedure succeeded 'are replaced by the words" the post was not filled in the first round of the selection procedure'.
41.Paragraph 55 (5) reads as follows:
"(5) In the second round, a person who has carried out activities in accordance with § 5 or similar activities for at least 3 years during the past 8 years may continue to participate in the selection procedure, of which at least 2 years in the lead office or as a member of the statutory body of a legal entity. '
42. Paragraph 55 (6) is deleted.
43. In Paragraph 57 (3), the following point (b) is inserted after point (a):
"(b) a senior member of staff, classified in the organisational component of a State which is active in a field the content of which corresponds to that of a service and which is managed by a senior member of staff;"
Points (b) to (g) shall be renumbered (c) to (h).
44. In Article 57 (3), the word "or 'shall be added at the end of point (f), at the end of point (g), the word" or' shall be deleted and point (h) shall be deleted.
45. in Paragraph 57 (3) of the final part of the provision, the words "in the administrative office" shall be replaced by the words "in the organisational component of the State" and 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 deleted;
46. in Paragraph 57 (5):
"(5) In the second round, a person who has been engaged in activities under § 5 or similar activities for at least 2 years in the past 8 years, of which for at least 1 year in a leading office or as a member of a statutory body of a legal entity, may continue to take part in the selection procedure. '
47. in Paragraph 57, paragraph 6 is deleted;
48. The heading above the designation § 58 is deleted.
49. The heading "Appointment to the post of Head of Unit 'shall be inserted under the heading of Section 58.
50. Paragraph 58 (2) to (4) reads as follows:
"(2) In the first round, a person who has performed activities under § 5 or similar activities for at least 1 year may participate in the selection procedure.
(3) In the event that none of the participants in the selection procedure have failed, a second round of the selection procedure shall be announced.
(4) In the second round, a person meeting the conditions and requirements laid down in Paragraph 25 may also participate in the selection procedure, with the exception of the requirement under Paragraph 25 (5) (b). '
51. in Paragraph 58, paragraphs 5 and 6 are deleted;
52. in Article 60 (1) (b), the words "or sufficient" shall be inserted after the words "non-compliant."
53.In Paragraph 60 (1) (d), the words "the ability to identify with classified information" are replaced by the words "Article 25 (5) (b)."
54. In the first and second sentences of Paragraph 60 (3), the words "Secretary of State" shall be inserted after the words "Deputy Minister for Civil Service."
55. In Paragraph 60, the sentence "The proposal for the appeal of the Deputy Minister of Civil Service and the Director of Personnel of the Civil Service Section shall be submitted to the Government by the Minister of Interior at the end of paragraph 3, the proposal for the appeal of the Secretary of State shall be submitted to the Government by the competent Minister or the Head of the Office of the Government after consultation with the Deputy Minister of Civil Service. '.
56. in Article 61 (1) (e), the words "the ability to identify classified information under the legislation on the protection of classified information" shall be replaced by "Article 25 (5) (b)."
57. in Paragraph 61 (1) (f), the word "or" shall be deleted;
58. In Paragraph 61 (1), at the end of the text in point (g), the words "or an agreement on liability to protect the values entrusted to a civil servant for billing 'are added.
59. In Paragraph 61 (1), the dot at the end of point (g) is replaced by "or 'and the following point (h) is added:
"(h) on the grounds that he has failed to carry out a successful official examination no later than 12 months from the date on which he began to serve in another or other field of service.";
60.In Paragraph 61 (2) (a):
"(a) where the conclusion of a medical opinion issued by a health service provider indicates that it has lost long-term medical capacity to carry out the previous service,";
61. In Paragraph 61 (2) (d), the words "a civil servant serving at night on the basis of a medical opinion issued by a health service provider" shall be inserted after the words "if he was."
62.Paragraph 61 (3) reads as follows:
"(3) The long-term loss of medical capacity to perform the existing service is governed by the Law on Specific Health Services. '
63.In Paragraph 62 (1), "(g)" is replaced by "(h)."
64.
Dispatch to an international organisation
(1) A civil servant may, with his written consent, be seconded to an international organisation for a predetermined period; the period of secondment shall be deemed to be the performance of the service.
(2) A service agreement may be concluded by a service provider with a civil servant in connection with his secondment to an international organisation; Article 67 (2) shall apply mutatis mutandis to the content of this Agreement.
(3) The service authority may terminate the secondment to an international organisation before the end of the specified period. With the consent of a civil servant, the period of secondment to an international organisation may be extended.
(4) During the secondment of a civil servant to an international organisation, the salary and reimbursement of expenses shall be payable to the civil servant if they are not paid by the international organisation. ';
Article 65 (67b) shall be deleted, including the title.
66. In the first sentence of Article 70 (3), the words "systemisation or 'are replaced by the words" systemisation or because a certain period has elapsed for which a civil servant referred to in paragraph 1 has been assigned or appointed to a post, or "and the words'; priority shall be given to civil servants from the relevant field of service '; they shall be replaced by the words" at which the service is appropriate'.
67.In § 74 (1) (g), the words "referred to in § 29 (1)" shall be inserted after the word "employee."
68. In Paragraph 79 (2), at the end of the text in point (f), the words "this shall not apply if the task falls within the competence of the organisational body in which its post is assigned 'shall be added.
69. In the second sentence of Paragraph 82 (2), the words "a civil servant in whose field the matter falls, or 'are replaced by the words" an authorised civil servant or'.
70. In Article 84 (1), the words "the Deputy Member of the Government" shall be inserted after the words "the competent member of the Government."
71. in Article 84 (2), the words "and Deputy Member of the Government" shall be inserted after the words "Member of the Government."
72. In Paragraph 84, at the end of paragraph 3, the words "and the Deputy Member of the Government to the extent specified by the relevant member of the Government 'shall be added.
73. In Paragraph 88 (2), the words "and the Secretary of State 'shall be added at the end of the text of paragraph 2.
74. In Article 107 (3), the word "in particular 'shall be inserted after the word" out' and the words "and from the proposals of his superior 'shall be added at the end of the text of the paragraph.
75. in Paragraph 123 (2), the words "material liability" shall be replaced by the words "responsibility for the protection of the values entrusted to the civil servant for billing."
76. Paragraph 129 (3) reads as follows:
"(3) The Office shall inform and deal with civil servants directly, if no trade union, civil servant council or representative of civil servants in the field of safety and health at work are present. Where more than one trade union, the councils of civil servants or representatives of civil servants for the field of safety and health at work are present at the Office, the Office shall be obliged to fulfil its obligations under this Act in respect of all, if it fails to assess between itself and the Service Office any other means of cooperation. ';
77.Paragraph 129 (4) is deleted.
78. In Paragraph 134 (1), the words "in which the trade union does not operate 'are deleted.
79.In Paragraph 138 (1), point (a) is deleted.
Points (b) to (d) shall be renumbered as points (a) to (c).
80. In Article 138 (1), the word "or 'is added at the end of point (a) and point (b) is deleted.
Point (c) shall be renumbered (b).
81. In the first sentence of Paragraph 142 (2), "disclosure 'is replaced by" disclosure'.
82. In the second sentence of Article 145 (1), the words "and the manner in which they are intended for civil servants' are replaced by the words", the manner in which they are intended for civil servants and the conditions for determining the standard practice '.
83. Paragraph 155 (2) is deleted.
Paragraphs 3 to 6 shall become paragraphs 2 to 5.
84. in Paragraph 155 (2):
"(2) The staff evaluation of a civil servant shall include an evaluation of:
(a) knowledge;
(b) skills; and
(c) the performance of the service in terms of accuracy, speed and autonomy in accordance with the individual objectives set. ";
85. in Article 155 (3), the following point (b) is inserted after point (a):
"(b) very good results,"
Points (b) to (d) shall be renumbered (c) to (e).
86. In Paragraph 155, the following paragraphs 5 to 11 are inserted after paragraph 4:
"(5) A regular service evaluation shall be carried out for all civil servants serving in the same service office for a period specified by the service authority in the Staff Regulations, which may be fixed for a period of 1, 2 or 3 years, and shall include the periods during which the service evaluation has been carried out in accordance with paragraphs 6 to 10. A regular service evaluation shall be carried out within 3 months of the expiry of the period for which the civil servant is evaluated; the date for carrying out the regular staff evaluations shall be laid down by the service authority in the Staff Regulations. If, for a civil servant, the period during which regular service evaluations are carried out does not include at least 60 days of service, the regular service evaluation shall be carried out immediately upon expiry; in the case of the first professional evaluation, the procedure laid down in paragraph 6 shall be followed.
(6) The first service evaluation shall be carried out no later than 6 months after the end of the probationary period but not earlier than 60 days.
(7) Furthermore, a staff evaluation shall be carried out, as appropriate, over a period which has not yet been evaluated, covering at least 60 days of service from the date on which the civil servant was made aware of the previous service evaluation.
(8) In addition, a staff evaluation shall be carried out at the request of a civil servant for an earlier period, which shall include at least 60 days' service from the date on which the civil servant is made aware of the previous service evaluation. At the request of a civil servant, a service evaluation may be carried out only once a year but no later than 3 months before the date of the regular service evaluation.
(9) If the service evaluation of a civil servant concludes that it has achieved unsatisfactory results in the service, further service evaluation shall be carried out every 90 days from the date on which the civil servant became acquainted with the previous service evaluation.
(10) In addition, the staff evaluation shall be carried out when a civil servant transfers to another service office; the service assessment does not contain a conclusion on the results achieved by the civil servant in the service or the setting of individual objectives for the further personal development of the civil servant and shall be sent to the new civil servant's service body.
(11) The day on which the civil servant served the bulk of his shift shall be deemed to have been served. Parts of shifts served on different days shall not be counted. ';
Paragraph 5 shall become paragraph 12.
87. Paragraph 155 (12) reads as follows:
"(12) A civil servant shall be informed of the service evaluation. ';
88. In Paragraph 156 (1), the word "implemented 'is replaced by" implemented'.
89.In Paragraph 156 (2):
"(2) The staff evaluation of the Head of Staff who does not have a superior office shall be carried out by an authorised member of the Government after consultation with the Deputy Minister for Civil Service. The official evaluation of the Head of Staff of the Ministry shall be carried out by the competent member of the Government after consultation with the Secretary of State. In other cases, the service evaluation of the Head of Staff shall be carried out by the superior service body. ';
90. In Article 156 (3), the words "carried out by the Minister for Civil Service in cooperation with the relevant member of the Government or with the Head of the Office of the Government 'are replaced by the words" carried out by the competent member of the Government or the Head of the Office of the Government after consultation with the Deputy Minister for Civil Service'.
91. in Article 156 (4), the words "to be carried out by the Secretary of State in cooperation with the relevant member of the Government or the Head of the Government Office" shall be replaced by the words "to be carried out by the competent member of the Government or the Head of the Government Office after consultation with the Secretary of State."
92. In Section 156 (5), the first sentence is deleted and in the second sentence, the word "implemented 'is replaced by" implemented'.
93. In Section 156 (6), the word "implemented 'is replaced by" implemented'.
94. The following Section 156a is inserted after Section 156:
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Act No. 35 / 2019 Coll., amending Act No. 234 / 2014 Coll., on Civil Service, as amended, and Act No. 150 / 2017 Coll., on Foreign Service and on the Amendment of Certain Acts (Foreign Service Act) |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 14.02.2019 |
|---|---|
| Effective from | 01.03.2019 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0