Act No 384 / 2022 Coll.
Act amending Act No. 234 / 2014 Coll., on Civil Service, as amended, and other related laws
Valid
Law
Effective from 01.01.2023
Text versions:
01.01.2023
09.12.2022
384
THE LAW
of 3 November 2022
amending Act No. 234 / 2014 Coll., on Civil Service, as amended, and other related laws
Parliament has decided on this law of the Czech Republic:
Amendment of the Civil Service Act
Act No. 234 / 2014 Coll., on the Civil Service, as amended by Act No. 131 / 2015 Coll., Act No. 131 / 2015 Coll., the Constitutional Court found under No. 199 / 2015 Coll., Act No. 298 / 2015 Coll., Act No. 26 / 2016 Coll., Act No. 47 / 2016 Coll., Act No. 218 / 2016 Coll., Act No. 190 / 2016 Coll., Act No. 195 / 2016 Coll., Act No. 111 / 2019 Coll., Act No. 178 / 2016 Coll., Act No. 205 / 2016 Coll., Act No. 319 / 2016 Coll., Act No. 34 / 2018 Coll., Act No. 32 / 2019 Coll., Act No. 35 / 2017 Coll., Act No. 144 / 2017 Coll., Act No. 150 / 2017 Coll., Act No. 205 / 2017 Coll.
1. in § 9 (2) (a), § 9 (8), § 156a (3) and Annex 2, in the column "Representative", the words "Director-General" shall be replaced by "Director-General."
2. in § 9 (7), § 15 (1), § 51 (1), § 55, § 57 (2), § 94 (2), § 156 (4) and Annex 2, in the column "Representative", the words "Deputy Director-General" are replaced by the words "Director-General."
3. In Paragraph 9, the words "and shall be considered Deputy Prime Minister 'shall be added at the end of the text of paragraph 8.
4. in Paragraph 10 (1) (a), the words "Deputy Minister of the Interior of the Civil Service (hereinafter referred to as the" Deputy Minister of Civil Service ")" shall be replaced by the words "Secretary of State";
5. In § 10 (1) (c), § 11 (4), § 12 (5) to (7), § 13 (4), § 53 (2), § 54 (1), § 77 (4), § 85 (2), § 88 (2), § 156 (5), § 156a (3), § 162 (4) (a) and Annex 2, in the column "Representative", the words "Deputy Secretary of State" shall be replaced by the words "Secretary of State."
6. in Articles 11 (5), 12 (5), 13 (5) and (7) and 60 (3), the words "Deputy Minister for Civil Service" shall be replaced by the words "Secretary of State."
7. in § 12 (1), § 17 (2), § 53 (2), § 60 (3) and § 156 (2), the words "Deputy Minister for Civil Service" are replaced by the words "Secretary of State."
8. In § 12 (5) and (7), § 13 (6), § 35 (4), § 51 (1), Section 52, § 54 (2), § 56, § 60 (3), § 77 (5), § 94 (1), § 152 (1), § 156 (6) and § 163, the words "Deputy Minister for Civil Service" are replaced by the words "Secretary of State."
9. In Article 13 (2), the words "to the Deputy Minister for Civil Service 'shall be replaced by the words" to the High Secretary of State'.
10. In Article 24 (5), the words "Article 51 (5) or (6) 'are deleted, the words" or' are replaced by a comma and the words "or Article 75 (2) 'are inserted after the number" 70'.
11. In Article 24, the sentence "The selection procedure shall normally be completed within 60 days of the expiry of the deadline for submission of applications' shall be added at the end of paragraph 6.
12. In Article 24, the following paragraph 8 is inserted after paragraph 7:
"(8) The Secretary-General of State shall lay down, by the Staff Regulations, the scope of the details of the place of service to be filled under the selection procedure, in accordance with paragraph 7 (b) and any other information which must include a notice of invitation to tender or which must be made public by the service authority in a manner which allows remote access, in particular:
(a) a description of the activities to be carried out at the place of employment;
(b) the normal amount of the various components of the salary of civil servants serving the same service or service of the same value; and
(c) conditions of service. ";
Paragraph 8 shall become paragraph 9.
13. In Article 24, paragraphs 10 and 11 are added:
"(10) The time limit for submission of applications referred to in paragraphs 3 and 4 shall not be less than 7 days, the time limit for submission of applications may not be waived and an amendment of the application shall not be allowed after the deadline for submission of applications. The time limit for submission of applications pursuant to paragraphs 3 and 4 shall be maintained if the request is received by the service authority at the latest on the last day of the period. Only after the deadline for submission of applications can the tender file be consulted.
(11) If the documents in the selection procedure are not delivered to the applicant on the spot or to the data box, they shall be sent to an electronic address which the applicant who does not have a data box established is obliged to communicate in the application. Where a document is delivered to a data box and a person who has access to the document delivered within 5 days of the date on which the document was delivered to the data box has not registered in the data box, the document shall be deemed to have been received on the last day of that period. The document delivered to the applicant at the electronic address shall be delivered on the fifth day from the date on which it was sent, unless the data message has returned as unredeemable. If it has not been possible to deliver the document because the data message has returned as unredeemable, a further attempt to service it shall be made without delay; if another attempt to service fails, the document shall be served in another appropriate way; in that case, the document shall be served on the fifth day following the date on which it was dispatched. The information on the means and effects of service in the selection procedure shall be provided in the notice of invitation to tender. ';
14. In Article 26, the following paragraph 4 is added:
"(4) The application shall also be accompanied by a CV setting out details of the existing practice and of the professional knowledge and skills relating to the staff member concerned by the selection procedure. ';
15. in Article 27 (1), the words "provided for by law" shall be inserted after the words "required by Article 25" and the words "paragraph 4 and 5" shall be inserted after the words "required by law."
16. in Paragraph 27 (2), the words "or is late" shall be added at the end of the text of point (a).
17. in Article 27 (2) (c), the words "laid down by law" shall be inserted after the words "requirements under Article 25"; the words "paragraphs 4 and 5" shall be inserted after the words "except"; the words "requirement under."
18. In Paragraph 27 (4), "10 'is replaced by" 5' and "at least 5 'is replaced by" at least 3'.
19. in Article 27 (5) and (6):
"(5) If the applicant has duly apologized to the interview, the selection panel may, upon request, interview the applicant only with the consent of the approval authority, provided that the interview does not prevent the proper performance of the duties of the service office. The service authority may provide, and shall state in the notice of notice of invitation to tender, that the award of consent under the first sentence is excluded or that it is not required to be granted, or may provide that the award of consent is only required if the applicant who is unable to attend an interview for an obstacle to his or her will, independent, for whom an interview cannot be held within such a time limit as may be completed within the period referred to in Article 24 (6); in such a case, the selection panel may, with the agreement of the service authority, set a replacement interview after the obstacle has been removed.
(6) The applicant may withdraw from the selection procedure at any time during the selection procedure. 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. The applicant has also withdrawn from the selection procedure if:
(a) shall not appear for an interview without an appropriate apology;
(b) shall not appear for an interview without asking for it to be carried out within an alternate period;
(c) he does not appear for an interview and the service body has not given its consent to be carried out within an alternate period or this consent has been excluded;
(d) shall not be present for the interview at the alternate time;
(e) during the selection procedure or at the invitation to tender, does not provide the synergies needed to ensure its participation in the selection procedure; or
(f) it is otherwise clear from his conduct that he is no longer interested in participating in the selection procedure. "
20. In Paragraph 28, at the end of paragraph 1, the sentence "The Staff Authority may lay down rules of procedure for selection boards appointed in the Staff Office by the Staff Regulations."
21. Paragraph 28 (4) reads:
"(4) A protocol shall be drawn up on the course and outcome of the selection procedure to enable the applicant to consult upon his request. The Protocol shall include the designation of the service authority, branch and post covered by the selection procedure, the names and surnames of the members of the selection panel, the outcome of the selection procedure in the form of an alphabetical list of applicants who have succeeded in the selection procedure and who have been selected as the most appropriate, the order of the other applicants who have succeeded in the selection procedure and the list of applicants who have failed in the selection procedure. The Protocol shall also include the date of its completion and the signature of all the members of the selection committee. ';
22. The following Sections 28a to 28c are inserted after Section 28:
Where there is a post classified in the 5th to 9th grade, with the exception of the post represented, the service authority may, prior to the publication of the selection procedure, provide that no interview shall be held before the selection committee; the service authority shall indicate this in the notice of invitation to tender. In order to assess the suitability of applicants, an interview or a written examination may be carried out before the immediate superior. In a selection procedure carried out according to the first and second sentences, the most suitable applicant shall be selected by the service authority in agreement with the immediate superior of those applicants whose applications have not been rejected. The agreement between the service authority and the immediate superior shall be written.
(1) The selection procedure shall be cancelled if:
(a) no one submits an application;
(b) all applicants' applications have been rejected,
(c) all applicants have withdrawn from the selection procedure;
(d) no applicant has succeeded in the selection procedure; or
(e) the service authority has not chosen any applicant in accordance with the procedure laid down in Article 28 (2) or (3) or Article 28a.
(2) An entry in the file shall be made on the cancellation of the selection procedure.
The Staff Authority shall notify without undue delay the unsuccessful applicants and the successful applicants whose admission to service and appointment to a post or appointment to a post or appointment to a post or appointment to a post or appointment to a post represented by a service body, have not decided that it has decided to accept the service and to appoint a post or appointment to a post represented by another applicant, or that the selection procedure has been cancelled on the grounds referred to in Article 28b (1) (d) or (e). ';
23. In Article 42 (1), the words "Head of Staff, Deputy Director of the Section, Director of the Division, or" shall be deleted and the word "Head" shall be replaced by "Head of Department."
24. In Article 42 (2), the first sentence is replaced by the following: "A civil servant appointed to the post of Secretary-General, Secretary-General of State, Staff Director of the Civil Service Section, Head of Administration, Head of the Section, Director of the Section or Director of the Department, 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 of time, or for a fixed period specified in Section 52 (1), Section 53 (1), Section 54 (1), Section 55 (1), Section 56 or in Section 57 (1) or for a specified period of notice of selection."
25. in Paragraph 51 (1), the word "a" shall be replaced by a comma and the words "and the Director of the Department" shall be inserted after the word "service."
26. in Paragraph 51 (3), the last sentence shall be deleted;
27. In Paragraph 51, paragraphs 4 to 6 are deleted.
28. In Paragraph 52 (1), the words "Deputy Minister of Civil Service 'are replaced by the words" Secretary of State' and the last sentence is deleted.
29. in Paragraph 52 (3):
"(3) The selection procedure may be attended by a person who is a national citizen of the Czech Republic who has reached the age of 40 years and has been engaged in activities under § 5 for at least the last 15 years or similar activities, of which for at least 4 years as a senior or as a member of a statutory body of a legal person. '
30. In Paragraph 52, paragraphs 4 and 5 are deleted.
31. in Paragraph 53 (3):
"(3) The selection procedure may be attended by a person who has, for at least the last 15 years, performed for at least 4 years an activity under Paragraph 5 or a similar activity, of which for at least 3 years in the lead office or as a member of the statutory body of a legal person. ';
32. in Article 53, paragraphs 4 and 5 are deleted;
33. in Paragraph 54 (1), the word 'indefinite' is replaced by '5 years';
34. in Paragraph 54 (3):
"(3) The selection procedure may be attended by a person who has, for at least the last 15 years, performed for at least 4 years an activity under Paragraph 5 or a similar activity, of which for at least 3 years in the lead office or as a member of the statutory body of a legal person. ';
35. in Paragraph 54, paragraphs 4 and 5 are deleted;
36. in Article 55 (1), the words "Deputy Director" shall be replaced by the words "Director-General," the words "5 years" shall be inserted after the words "Secretary" and the words "5 years" shall be inserted after the words "Office";
37.Paragraph 55 (3) reads:
"(3) The selection procedure may be attended by a person who has carried out, for at least three years, activities under Paragraph 5 or similar activities, of which at least two years in the lead office or as a member of the statutory body of a legal entity. ';
38. Paragraph 55 (4) and (5) are deleted.
39. In Paragraph 56, the sentence "The Staff Director of the Civil Service Section shall be appointed by the Government on a proposal from the Prime Minister for a period of 5 years on the basis of the outcome of the selection procedure 'and the words" and appointment' shall be deleted.
40. In Article 57 (1), the words "5 years' shall be inserted after the word" 5 years' and the words "5 years' shall be inserted after the last sentence.
41.Paragraph 57 (3) reads as follows:
"(3) The selection procedure may be attended by a person who during the past 15 years has performed for at least 2 years an activity under Paragraph 5 or a similar activity, of which for at least 1 year in the lead office or as a member of the statutory body of a legal entity. '
42. Paragraph 57 (4) and (5) are deleted.
43.Paragraph 58 (2) reads as follows:
"(2) The selection procedure may be attended by a person who during the past 15 years has carried out at least 1 year of activity under Section 5 or similar. '
44. Paragraph 58 (3) and (4) are deleted.
45. in Article 62 (1), the words "(h)" shall be replaced by the words "(i)," after the words "Article 70 (3)" the words "or" Article 75 (2) "shall be inserted and after the words" vacant post, "the words" because none suitable is free, "shall be inserted.
46. in Paragraph 75 (1):
"(1) If the final decision to terminate the service is unlawful, the service shall continue and the civil servant shall be assigned back to his original post. A civil servant shall be entitled to a salary for the period from the termination of his service to the period of secondment. ';
47. In Paragraph 75, the following paragraph 2 is inserted after paragraph 1:
"(2) If a civil servant cannot be reinstated to his original post as a result of the cancellation of his post or because a certain period has elapsed for which a civil servant has been assigned or appointed or his original post is vacant, he shall be assigned to an appropriate vacant post in the official office in which he served. A civil servant may be assigned to a post in the lower grade only with his consent. '
Paragraph 2 shall become paragraph 3.
48. in Paragraph 84 (2), the last sentence is deleted;
49. in Paragraph 94 (2), the words "Secretary of State" shall be deleted;
50. Paragraph 108, including the title, reads:
Staff leave for individual study purposes
(1) In the calendar year, a public servant is entitled to leave for individual study purposes within the 5-day period of service.
(2) Staff leave for individual study purposes may be taken for the purpose of obtaining or improving professional knowledge and skills relating to the post of a civil servant, the field of service in which a civil servant performs the service and the competence of the organisational body in which his post is classified. In addition, staff leave for individual study purposes may be drawn for the purpose of preparing an official examination for the field of service in which the civil servant performs the service or for carrying out an official examination at his own expense for the field of service which is set out for a post classified in the same organisational unit in which the post of civil servant is included.
(3) Staff leave for individual study purposes may also be taken for the purpose of obtaining or improving professional knowledge and skills in the interest of the service office and in the interest of the State, or for the purpose of preparing for an official examination at its own expense for a branch of service other than that referred to in paragraph 2.
(4) The Agency shall, at the request of a civil servant, authorise the drawing of leave for individual study purposes as referred to in paragraph 2, provided that this does not prevent the proper performance of the duties of the Office.
(5) At the request of a civil servant, the service authority may authorise the taking of leave for individual study purposes referred to in paragraph 3.
(6) The salary of a civil servant shall not be reduced for the duration of the period of employment for individual study purposes; the costs incurred in achieving the individual purpose of study shall be borne by a civil servant. ';
51. the following Section 114a is inserted after Section 114, including the title:
Specific provisions on the functional benefits of certain represented
The Secretary-General of State, the Secretary-General of State, the Director-General of the Section, the Chief of Staff, who is the Central Administrative Office, the Deputy Head of Administration, who is the Central Administration, pursuant to Paragraph 9 (7), under the Labour Code or under another law, has the right to:
(a) the use free of charge of a service vehicle with or without an assigned driver for the performance of its duties or in connection with it and for the purpose of enabling contact with the family; and
(b) free establishment and use of one participating telephone station to ensure immediate availability in both service and out-of-service periods. ';
52. In Paragraph 156 (2), the words "after consultation 'are replaced by the words" in cooperation'.
53. In Article 156 (3), the words "the competent member of the Government or the Head of the Government's Office after consulting the Deputy Minister for Civil Service 'are replaced by the words" the Secretary of State in liaison with the competent member of the Government or the Head of the Government's Office'.
54. In Article 156 (4), the words "the competent member of the Government or the Head of the Government Office after consulting the Secretary of State 'are replaced by the words" the Secretary of State in cooperation with the competent member of the Government or the Head of the Government Office'.
55. in Article 159 (1) (j), point 3 is deleted;
56. In Section 159 (2) of the introductory part of the provision, the words "decision on 'are deleted.
57. in Article 159 (2) (j), the word "service" is replaced by the words "performance of the service."
58. in Article 159 (2) (k), the word "decision" shall be deleted;
(59) In Article 159 (2) (l), the word "remuneration" is replaced by the words "grant of remuneration."
60. In Article 159 (2), the dot is replaced by a comma at the end of point (l) and the following point (m) is added:
"(m) the selection procedure and the appointment and appeal of a member of the selection committee."
61. Paragraph 164 shall be deleted, including the title.
62. In Section 173 (2), the part of the sentence behind the semicolon, including the semicolon, is deleted.
Transitional provisions
1. Since the date of entry into force of this Act, the Deputy Minister of Interior for Civil Service has been the Secretary of State.
2. Since the date of entry into force of this Act, the Director-General of the Section has been the Director-General of the Section.
3. From the date of entry into force of this Act, the official regulations issued by the Deputy Minister of Interior for Civil Service shall be deemed to be those issued by the Secretary of State.
4. A civil servant who, before the date of entry into force of this Act, served at an indefinite or fixedterm service which would exceed the period referred to in § 54 (1), § 55 (1), § 56 or § 57 (1) of Act No 234 / 2014 Coll., as effective from the date of entry into force of this Act, shall be deemed to be a civil servant appointed at the fixedterm referred to in § 54 (1), § 55 (1), § 56 or § 57 (1) of Act No 234 / 2014 Coll., as effective from the date of entry into force of that Act, whose operation began on the date of appointment of a civil servant to a representative; a period of time shall not be earlier than the date of entry into force of this Law. This civil servant may serve at the post represented at the most until that post is filled in accordance with the procedure laid down in Act No. 234 / 2014 Coll., as effective from the date of entry into force of this Act, but not more than 12 months from the date of expiry of a certain period of time, if the Head of Staff, the Head of Section or the Director of Section, and 24 months from the Director of Staff of the Civil Service Section or the Director of the Department.
5. The selection procedures for the filling of vacant posts which were opened before the date of entry into force of this Act and which have not been final until that date shall be cancelled; an entry on the file shall be made on the cancellation of the selection procedure. In accordance with Act No 234 / 2014 Coll., as effective from the date of entry into force of this Act, the service authority shall issue new tenders; until proven otherwise, participants in the cancelled tender shall be deemed to be participants in the new tender. Other tenders initiated before the date of entry into force of this Act and until that date finally completed shall be completed and the rights and obligations relating thereto shall be assessed in accordance with Act No. 234 / 2014 Coll., as effective before the date of entry into force of this Act.
6. A public servant who, before the date of entry into force of this Act, served at the service of a representative, shall, for a period of 3 years from the end of the service of the service of a representative, be regarded as meeting the conditions for participation in the selection procedure referred to in paragraphs 52 to 58, to a post of service of the same or lower degree of service; This does 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) is the person whose previous employment has ended for the reasons set out in § 72 (1) (b) or § 74 (1) (a) to (c) and (e).
Amendment of the Foreign Service Act
In Article 42 (1) of Act No. 150 / 2017 Coll., on Foreign Service and amending certain other laws (Foreign Service Act), the words "Deputy Director 'are replaced by the words" Deputy Director', the words "Deputy Director 'are replaced by the words" Chief Director' and the words "Deputy Director 'are replaced by the words" Deputy Director'.
Amendment to the Public Health Protection Act
In Article 80 (8) of Act No. 258 / 2000 Coll., on the Protection of Public Health and on the amendment of certain related laws, as amended, the words "Deputy Director for Management 'are replaced by the words" Director General'.
EFFECTIVE
This Act shall take effect on 1 January 2023.
Pekarová Adamová v. r.
Fiala v. r.
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Regulation Information
| Citation | Act No. 384 / 2022 Coll., amending Act No. 234 / 2014 Coll., on Civil Service, as amended, and other related laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 09.12.2022 |
|---|---|
| Effective from | 01.01.2023 |
| Effective until | - |
| Status | Valid |
Parliamentary Paper:
Paper No. 215
The regulation text is for informational purposes only.
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