CIVILSERVICECORPS

INPOLAND

 

REPUBLIC OF POLAND

The Republic of Poland (Rzeczpospolita Polska) has been a member of NATO since 1999 and of the European Union since 2004. It has a population of 38 million and an area of 312,575 km2. In 1989, free parliamentary elections were held for the first time after World War II and in 1997 the new Constitution was adopted by the National Assembly. It is a unitary state based on the principle of the division of powers. The Constitution defines Poland as a parliamentary republic.

TERRITORIAL DIVISION

The territorial division encompasses three levels: regional (voivodship), supra-local (county – poviat) and local (commune – gmina).

The territorial entities have their own statutes adapted to their specific social, economic and cultural characteristics. Apart from national (central) level, state institutions operate in two tiers of territorial division: voivodship (16) and poviat (379) while self-government exercises its powers at the regional, supra-local and local levels.

The three-level division was introduced by means of administrative reforms in 1998, their main aim being to enforce the decentralisation process and empower the territorial entities.

PUBLIC ADMINISTRATION

The structure of the broad-based public administration encompasses state administration, government and self-government administration.

Area 312,575 km²Population 38.5 millionCapital WarsawLanguage PolishStatus parliamentary republicCurrency PLN (Polish zloty)NATO member 12.03.1999EU member 1.05.2004

Graph 1. Employment in public administration as percentage of total employment in 2009

Source: EUROSTAT, 2009, employment in the national economy and in section “O” – “Public administration and defence; compulsory social security”

Civil Service in Poland is a concept of a narrow scope of government administration existing in ministries and central offices at national (central) level and voivodship offices at regional level as well as services, guards and inspectorates strictly defined by law, operating at the regional and supra-local levels.

Graph 2. Employment in the civil service corps by office category in 2010

Government and state administration 730 450 employeesSelf-government administration 244 700 employees

PUBLIC EMPLOYMENT STRUCTURE

Legal basis: Civil Service is regulated by a series of law provisions, including the Constitution and the Civil Service Act (as last amended on 21 November 2008). There are also other acts referring to other categories of public employees not included in the civil service corps (like self-government, health, armed forces, education, the judiciary, etc.).

Staff structure and categories: The Polish Civil Service model differentiates between a civil service employee and a civil servant. Both categories form the civil service corps.

A civil service employee is an individual employed under a contract of employment in accordance with the rules set forth in the relevant statutory provisions and the Labour Code.

A civil servant is an individual employed by appointment in accordance with the rules set forth in the Civil Service Act. The Civil Service Act distinguishes senior positions in Civil Service to which specific statutory provisions apply (e.g. on recruitment requirements and procedure, rights and duties, mobility).The number of civil service corps members in 2010 was 126,800, including 5,348 civil servants, representing 0.8% and 0.03%, respectively, of all employees in the national economy.

Graph 3. Employment in the civil service corps by position category in 2010

* This chart does not include positions in the foreign service corps, given the fact that different position categories are classified for foreign service.

Graph 4. Gender in the civil service corps in 2010

Graph 5. Age structure of the civil service corps in 2010

ORGANISATION OF CIVIL SERVICEThe Head of Civil Service is a central organ of government administration in charge of Civil Service, appointed and dismissed by, and reporting directly to, the Prime Minister.The Civil Service Council consisting of 15 members is an opinion-giving and advisory body attached to the Prime Minister.The Directors General of Offices are responsible for the functioning and continuity of work of their respective offices, conditions for their operation and work organization, perform activities envisaged under labour law in relation to persons employed in the office and implement the staffing policy.Forum of Directors General is an opinion-giving and advisory body facilitating horizontal communication between the Head of Civil Service and 62 Directors General.

RIGHTS, OBLIGATIONS, PRINCIPLES AND VALUES

Obligations and principles: Civil service corps members are particularly obliged to obey the Constitution of the Republic of Poland and other provisions of law, protect the interests of the State and human and civil rights, manage public resources in a prudent manner, perform their duties conscientiously, impartially, efficiently and timely, keep confidential all information protected by law, develop their professional knowledge, behave in a dignified manner both in and outside the service and undergo periodical performance evaluation.In addition, civil service corps members cannot be guided in executing their duties by their particular or any group interests nor are they allowed to publicly manifest their political beliefs.Moreover, civil service corps members are not allowed to combine employment in Civil Service with a councillor’s mandate.

Civil servants and civil service employees holding a senior position in Civil Service are not allowed to establish or participate in political parties.Certain restrictions on undertaking additional employment or other income-generating activities also apply to civil service corps members.Civil service corps members are financially responsible for their decision if their acts or omissions grossly violate the law, causing damage to citizens or economic operators. Proceedings are started against a civil service corps member who has caused damage to a third party, in consequence of which the Treasury has to pay compensation. The final decision on financial responsibility is taken by court. Individual Rights: The individual rights regarding civil service corps members refer to a composition of remuneration and bonuses, allowances and awards of a financial nature. Under rules of general application, remuneration of a civil service employee is comprised of a basic salary specific to a given position, and a civil service seniority bonus. Civil servants are additionally entitled to a civil service bonus based on the service rank held.As for the working time, it cannot exceed eight hours per day and on average forty hours per week within a given accounting period of no more than eight weeks. Where justified by the type and organisation of work, working time schedules may be adopted which allow working time to be extended to twelve hours per day. In such time schedules, however, the total working time cannot exceed forty hours per week on average within a given accounting period of no more than twelve weeks. A civil service employee is entitled to time off equal to the number of overtime hours worked upon the order of his/her superior while a civil servant is entitled for this kind of compensation only for night overtime hours. Civil servants are also entitled to a day off for work performed on Sunday or a holiday.The right to holiday is provided by the general provisions of the Labour Code, civil servants being also entitled to an additional one day of annual holiday after five years of employment in public administration. The annual recreation leave increases by one day each year of employment until it reaches the maximum of twelve days.Collective Rights: Civil service corps members do not have the right to strike or to participate in actions of protest which might interfere with the regular functioning of an office. The right to union membership is recognised but the restriction of not being allowed to hold a position within a trade union applies to civil service corps members holding a senior position in Civil Service.

CAREER IN THE CIVIL SERVICE

Career in Civil Service is regulated by the Civil Service Act. The recruitment procedures and requirements differ depending on the positions are applied for (“regular” or senior ones). Recruitment is carried out in accordance with the principles set out in the Act.

The employment relationship of a civil service employee is established under the employment contract for an indefinite period of time or for a definite period of time. In the case of individuals taking up employment with Civil Service for the first time, the employment contract is concluded for a definite period of 12 months with the option of earlier termination of employment by two-weeks’ notice.The contract for an indefinite period of time applies generally to civil service employees who have previously had a contract for a definite period of time and received a positive performance evaluation. In order to become a civil servant, a civil service employee can submit an application to enter the qualification procedure to the Head of Civil Service, providing that following conditions, stated in the Civil Service Act, are fulfilled:–  at least three years of employment with Civil Service or a consent of

the Director General of the Office for admission to the qualification procedure,

–  Master’s (or equivalent) degree,–  knowledge of at least one foreign language from among the

working languages of the European Union or one of the following foreign languages: Arabic, Belorussian, Chinese, Icelandic, Japanese, Norwegian, Russian, Ukrainian,

–  being transferred to the reserve or exempt from military conscription.The level of knowledge, skills and managerial predispositions necessary for the execution of Civil Service tasks performed by graduates from the National School of Public Administration are tested in the course of their education in that school and confirmed by their graduation diploma. Therefore, graduates from the National School of Public Administration submit an application to the Head of Civil Service for appointment to Civil Service without entering the qualification procedure.In this case, the existing employment by contract is transformed into employment by appointment.In the case of re-employment of a civil servant, the person’s employment relationship is established on the basis of appointment (with certain exceptions as provided by law).

Candidates for senior positions in Civil Service (directors general, directors (or equivalent levels) and their deputies have to fulfill conditions including but not limited to:–  Master’s (or equivalent) degree,–  managerial skills,–  at least 6 years of professional experience including at least 3 years

in a managerial position in organizations of the public finance sector (in case of directors general),

–  to have at least 3 years of professional experience including at least 1 year in a managerial position or at least 2 years in an independent position in organizations of the public finance sector (in case of directors (or equivalent positions) and their deputies).

Candidates from both the public and private sectors can apply for senior positions in Civil Service. The contracts are made for an indefinite period of time.An open competition is organized for senior positions in Civil Service; however, certain exceptions are provided by law. Deputy director posts can be filled by civil service corps members by way of promotion. Another aspect of the administrative career is mobility. However, mobility is voluntary as an element of natural staff turnover. There are also three types of transfers effected under the Civil Service Act:–  by decision of the Head of Civil Service (applicable only to civil

servants),–  by consent or request of a civil service corps member within the

civil service corps,–  by consent of a civil service corps member outside the civil service

corps.

Graph 6. Employee turnover in the civil service corps in 2009–2010

REMUNERATION

Pay rises for civil service corps members are determined by the Government by means of the annual Budget Act. Remuneration at the individual level is set by each employer (director general) and it must be consistent with the legal provisions regarding Civil Service and may take into account the results of periodical performance evaluation.

Graph 7. Structure of remuneration in the civil service corps in 2010

Graph 8. Total monthly remuneration in PLN – comparison of the level of remuneration in public administration and business sector in 2010

T – support positions P – professional/expert positions M – managerial positionsSource: HRM Partners S.A. report for the Chancellery of the Prime Minister, 2010.

SOCIAL DIALOGUE AND SYSTEM OF REPRESENTATION

Joint Representation and Social Dialogue: On the basis of Resolution No 34 of the Tripartite Commission for Social and Economic Affairs (the main body for social dialogue in Poland), passed on 16 February 2009, the special Sub-group on self-government administration employees and Civil Service was created. Its main goal is, inter alia, to work out and agree different solutions related to the remuneration system, performance appraisal, job evaluation in particular as well as special rules concerning labour law and operating funds concerning self-government administration employees and civil service corps members (the presidium of the Commission has the right to charge the Sub-group with other tasks when necessary). In the Sub- -group, there are 14 members: 4 representatives of the Government, 2 representatives of self-government administrations, 6 members of the representative trade union organisations (Independent Self-Governed Trade Union “Solidarność” (NSZZ “Solidarność”) –  2 representatives, All-Polish Trade Union Alliance (OPZZ) – 2 representatives and Trade Union Forum (FZZ) – 2 representatives), 1 member of one of four representative employers’ organizations in Poland (Business Centre Club – Employers’ Union (BCC – ZP)). The Sub-group is chaired by representatives of the Government appointed by the Chair of the Tripartite Commission – the Head of Civil Service in the Chancellery of the Prime Minister. The Sub-group is scheduled to function until the end of 2011. The results of the discussions, while not binding for the Government, are usually taken into account, which is reflected in drafting parliamentary bills or in amending existing legislation.

Right of civil servants to conclude collective agreements: According to the Polish legal system, especially under the Labour Code (Article 239 § 3), the right of collective bargaining does not apply to Civil Service (including governmental administration), self-government administration (workers employed by appointment), prosecutors and judges. The remuneration in these professional groups is governed by laws and regulations. There is no binding agreement in place for the central government in Polish Civil Service.

RECENT REFORMS AND PROSPECTS

The Civil Service Act of 21 November 2008 entered into force on 23 March 2009 as one of the measures taken on the basis of the

Resolution of the Council of Ministers of 2008 on the finalisation of public administration reform. The year 2009 was devoted to implementation of the provisions of the new act and to legislative work on implementing provisions. These regulations refer mainly to remuneration issues, disciplinary procedures, performance evaluation, qualification procedures and procedures on cooperation between directors general and the Head of Civil Service.Another new measure taken up under the Civil Service Act is the elaboration and implementation of a strategy on the management of human resources in Civil Service. The strategy should contain a diagnosis of Civil Service, definition of its strategic aims, implementation system and financial framework. Work on the strategy is currently in progress.

Graph 9. Benefits in 2010 (the share of workers enjoying the benefits in the surveyed organizations in relation to total employment)

Source: HRM Partners S.A. report for the Chancellery of the Prime Minister, 2010.

Civil Service Department Chancellery of the Prime MinisterAl. Ujazdowskie 1/3, 00-583 WarsawPOLANDTel.: +48 (22) 694 75 39Fax: +48 (22) 694 65 45

http://www.premier.gov.pl/en/