Act on Civil Service

(Act No. 312/2001 Coll. on Civil Service, and amending and supplementing other acts)

The Act on Civil Service (the ``Act'') worked out in compliance with relevant agreements of the International Labour Organisation, as well as directions of the European Union, regulates legal relations in connection with performance of the civil service. Application of the Labour Code, as the basic and general labour legal regulation, on legal relations of state servants is excluded by the Act, except for the cases namely stated in the Act.

Under the Act, the civil service means fulfilment of tasks of state administration or performance of state affairs in the extent stated by special regulations, which are performed by a state servant in so-called "service office" in the relevant area of civil service subject to the condition that fulfilment of these tasks includes managing, decision-making, supervision, professional preparation of decisions, professional preparation of bills and drafts of other generally binding legal regulations, including professional activities relating to their negotiating and approving, or professional preparation of background materials for performance of state affairs. Performance of state affairs is an activity which is not fulfilment of tasks of state administration, however which is performed exclusively in the state interest in connection with fulfilment of tasks of state administration. The Act stipulates that the civil service is performed in a state-employment relation.

The Act defines the term "state servant" as a natural person who performs in a state-employment relation the civil service in a service office in the relevant area of state administration. The state servant is also considered to be a natural person who is elected to and recall from so-called "political function" by the National Council of the Slovak Republic or is appointed and recalled by the President, the Government of the Slovak Republic, the Chairman of the National Council of the Slovak Republic or the Chairman of the Constitutional Court of the Slovak Republic.

The Act does not relate to the President of the Slovak Republic, members of the National Council of the Slovak Republic (the Slovak Parliament), members of the Government of the Slovak Republic, the Chairman and Vice-chairmen of the Supreme Supervising Office of the Slovak Republic, judges, prosecutors, and also to other specific groups of employees of service offices specified by the Act.

The Act also establishes the Office for the Civil Service of the Slovak Republic (the "Office"), which performs tasks in the area of the civil service. The seat of the Office is Bratislava. The Office adopts generally binding legal regulations and service rules in the area of its competency.

According to the Act, the civil service is performed in three following forms:

1. preparatory civil service,
2. permanent civil service, and
3. temporary civil service.

The preparatory civil service is a period of preparation for performance of the permanent civil service in the relevant area of civil service. The preparatory civil service is performed by a trainee clerk. It lasts at least six months, however not more than two years, if a special act does not stipulate otherwise. The preparatory civil service commences on the day of beginning of the state-employment relation and terminates by a professional qualification exam. After successful passing of the professional qualification exam, the state servant is accepted to the permanent civil service.

The permanent civil service directly follows after the preparatory civil service. Successful passing of the professional qualification exam in the relevant area of the civil service is a pre-condition for appointment into the permanent civil service.

The temporary civil service is the civil service for a definite period of time, which is performed by

1. a professional whose service is necessary for fulfilment of tasks of the civil service,
2. a principal in a political function, and
3. a principal who is an ambassador.

A Slovak citizen can be admitted into the civil service if he/she satisfies the following conditions: 18 years of age, capability for legal acts, trustworthiness, and if such person was not released from the civil service for reasons stated in the Act and satisfies required qualification criteria. Furthermore it is required that such citizen is healthy capable for performance of the civil service, has a permanent residence in the Slovak Republic, is fluent in Slovak language, eventually also in a foreign language, if this condition is required by a service regulation, and successfully passed a selecting procedure for the preparatory civil service or satisfies conditions for the temporary civil service.

During the state-employment relation, a state servant is obliged to report his/her financial (property) status

• within 30 days following the beginning of the state-employment relationship, and
• not later than on 31 March of each year. This reporting duty relates to all property of the state servant and the property return has to contain information on his/her immovable property, movable property, property rights and other values.

The Act also stipulates certain restrictions for positions of state servants who are so called "close persons" under the Civil Code and stipulates functions, performance of which is incompatible with performance of the civil service.

The state-employment relation originates on the basis of appointment on the day determined in a written decision on the appointment and by the oath of office and shall terminate by

1. recall from the civil service, or
2. disciplinary sanction of release from the civil service, or
3. written request of the civil servant, or
4. expiry of a probating period, or
5. expiry of the temporary civil service, or
6. operation of the Act.

The Act also stipulates rights and duties of state servants, conditions of performance of the civil service, remuneration of state servants, social security of state servants, activities of collective bargaining bodies, and collective bargaining as such in the civil service.

In connection with establishment of the Office for the Civil Service, the Act supplements provisions of the Act on Organisation of Ministries and Other Central Authorities of the Slovak Republic.

This Act comes into effect on 1 April 2002, except for provisions related to the Office and provisions on collective bargaining in the civil service which have already come into effect on 1 October 2001.

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