Ingrid Stegmannova
Ministry of Labour and Social Affairs (MoLSA) Charles University, Faculty of Humanities (FHS)
The State Service Act in Practice
Erasmus Plus Intensive Programme Prague, 25. 05. 2017
What is MoLSA
Responsible for matters of the:
•
Social Policy•
Social Security•
Employment•
Labour Legislation•
Ooccupational Safety and Health•
European Social Fund•
other social and labour issuesMinistry of Labour and Social Affairs – Office of the State Secretary Na Poříčním právu 1/376, 128 01 Praha 2, www.mpsv.cz
What is MoLSA
Provides direct management and methodological guidance for:
•
Labour Offices of the Czech Republic•
Czech Social Security Administration•
State Labour Inspection Office•
Office for International Legal Protection of Children Runes:•
5 Social Care Homes for children and adults with physical or mental disabilities•
2 Government-funded organizations•
2 Public research institutionMinistry of Labour and Social Affairs – Office of the State Secretary Na Poříčním právu 1/376, 128 01 Praha 2, www.mpsv.cz
What is MoLSA
Several numbers:
• State budget of the Czech Republic (2017):
CZK 1 309 272 037 180
• Part of MoLSA:
CZK 560 466 378 756 (approx. 43 %)
• All together members of staff approximately: 22 000
• Administration of Operational Program Employment (OPZ) – allocation CZK 70 000 000 000
Ministry of Labour and Social Affairs – Office of the State Secretary Na Poříčním právu 1/376, 128 01 Praha 2, www.mpsv.cz
The State Service
Ministry of Labour and Social Affairs – Office of the State Secretary Na Poříčním právu 1/376, 128 01 Praha 2, www.mpsv.cz
The State Service
•
Act no. 218/2002 Coll., on the service of civil servants in the administration and on the remuneration of theseemployees and other employees of the administration (Service Law)
•
Act no. 234/2014 Coll., on State Service•
The biggest change in state administration over the last 27 years•
Relate to 233 Civil services offices (approx. 70 000 civil servants)•
Public services were divided into 79 areas (included social services and social work)•
The positions of State Secretaries in ministries have been establishedMinistry of Labour and Social Affairs – Office of the State Secretary Na Poříčním právu 1/376, 128 01 Praha 2, www.mpsv.cz
The State Service
Basic Principles and Values:
•
Professionalization of the civil service•
Establishing uniform rules of the state administration performance•
De-politicization and independence of the civil service•
Stabilization of the public administration•
Strengthening the rights and duties of civil servants•
Openness and transparency of the state administrationMinistry of Labour and Social Affairs – Office of the State Secretary Na Poříčním právu 1/376, 128 01 Praha 2, www.mpsv.cz
The State Service
Professionalization of the civil service:
•
Determining the basic conditions for entry to the civil service•
The new transparent rules for the selection procedure for civil servants•
Entry exams (any civil servant appointed to a position in civil service must pass during the 12 months following his or her appointment)•
Personal evaluation (in relation to a remuneration) and emphasis on further education•
Code of Coduct, enforceable obligations (Disciplinary Proceedings)Ministry of Labour and Social Affairs – Office of the State Secretary Na Poříčním právu 1/376, 128 01 Praha 2, www.mpsv.cz
The State Service
Establishing uniform rules of the state administration performance:
•
Rules for the selection procedure for civil servants•
Rules for the organization of service offices (types of departments, minimum numbers of employees in the departments, etc.)•
Systemization of the civil service positions (number of positions, pay classes, the amount of thesalaries, organizational structure)
•
Rules for the evaluation of civil servants (forms, criteria, etc.)Ministry of Labour and Social Affairs – Office of the State Secretary Na Poříčním právu 1/376, 128 01 Praha 2, www.mpsv.cz
The State Service
De-politicization and independence of the civil service:
•
Recruitment system and improved expertise•
Clear separation between political and bureaucratic positions•
The Act prohibits heads of the civil serviceauthorities and other high-ranking civil servants from exercising any function in a political party or movement
Ministry of Labour and Social Affairs – Office of the State Secretary Na Poříčním právu 1/376, 128 01 Praha 2, www.mpsv.cz
The State Service
Stabilization of the public administration:
•
Systemization of the civil service positions (based on the national budget, a new systemization must be adopted every year).•
Fairness in remuneration (the tariffs, pay classes and pay grades are determined by law. As for the bonuses, the“personal allowance” is based on annual personal performance evaluation).
•
Some benefits flow directly from the lawMinistry of Labour and Social Affairs – Office of the State Secretary Na Poříčním právu 1/376, 128 01 Praha 2, www.mpsv.cz
The State Service
Strengthening the rights and duties of civil servants:
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The obligations deriving directly from the law•
Compliance with the provisions of the Code of Conduct•
Enforceable obligations (Disciplinary Proceedings)•
The main processes run under the administrative law (the appeal and complaints institute)Ministry of Labour and Social Affairs – Office of the State Secretary Na Poříčním právu 1/376, 128 01 Praha 2, www.mpsv.cz
The State Service
Openness and transparency of the state administration:
•
Uniform conditions allow to collect and evaluate data about civil servis (Information System of the State Service)•
Protection of whistleblowers – legal protection and anonymity to the civil servants who report cases ofcorruption or unlawful actions of their colleagues in civil service (implemented by the governmental decree no.
145/2015 Coll., issued on June 15, 2015)
Ministry of Labour and Social Affairs – Office of the State Secretary Na Poříčním právu 1/376, 128 01 Praha 2, www.mpsv.cz
The State Service
Conclusion:
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More than 2 years of experience allready show positives but also weaknesses in the law•
The professional and stable performance of stateadministration positively affects the provision of public services including social services
•
Big changes always want their time to settle•
The situation after the parliamentary elections this year will show whether it is well set Ministry of Labour and Social Affairs – Office of the State Secretary Na Poříčním právu 1/376, 128 01 Praha 2, www.mpsv.cz
