CIVIL
SERVICE
CORPS
IN
POLAND
REPUBLIC OF POLAND
Area
312,575 km²
Population
38.5 million
Capital
Warsaw
LanguagePolish
Status
parliamentary republic
Currency
PLN (Polish zloty)
NATO member 12.03.1999
EU member
1.05.2004
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.
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 employees
Self-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 SERVICE
The 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 positions
Source: 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 Minister
Al. Ujazdowskie 1/3, 00-583 Warsaw
POLAND
Tel.: +48 (22) 694 75 39
Fax: +48 (22) 694 65 45
http://www.premier.gov.pl/en/