Key Benefits:
ACT
of 16 September 1982
o employees of government offices
Chapter 1
General provisions
Article 1. [ Regulatory scope] 1. The Act shall determine the obligations and rights of public servants and other servants employed in:
1) the Chancellery of the Sejm;
2) the Chancellery of the Senate;
3) Chancellery of the President of the Republic of Poland;
3a) (repealed);
3b) the Supreme Court;
4) (repealed);
5) (repealed);
6) the Office of the Constitutional Tribunal;
7. The Office of the Ombudsman;
7a) The Office Of The Children's Rights Ombudsman;
8) the Office of the National Council of Radio and Television;
8a) The General Prosecutor's Office of the State Treasury in cases not regulated in separate regulations;
9. National Electoral Office;
9a) (repealed);
10) (repealed);
11) (repealed);
(12) regional chambers of auditors;
13) The Office Of The General Inspector Of Personal Data Protection;
14) Institute of National Memory-Commission for the Prosecution Of Crimes against the Polish Nation.
2. The Act shall determine the obligations and rights of persons employed in:
1) the Chancellery of the Prime Minister,
2) the offices of ministers and the chairmen of the committees which are part of the Council of Ministers and the offices of central government bodies,
3) provincial offices and other offices constituting the auxiliary apparatus of the field bodies of government administration subordinate to the ministers or central government administration bodies,
4) (repealed),
(4a) Government Legislation Centre,
5) commanders, inspectorates and other organizational units constituting the auxiliary apparatus of the managers of the complex services, inspection and provincial guards and district managers of the services, inspections and guards,
(5a) The Central Bureau Of Investigative Police,
6) (repealed),
7) (repealed),
8) The Office of Forestry Seed,
to which the provisions of the Law of 21 November 2008 do not apply. o Civil service (Dz. U. Nr. 227, pos. 1505, of late. zm.).
Article 2. [ Delegation] The Council of Ministers shall, by regulation:
1) specify the positions on which, in the offices referred to in Article. 1 hiring staff shall be civil servants within the meaning of the Act;
2) may extend in whole or in part the provisions of the Act on the employees of other State offices than specified in Art. 1.
Chapter 2
Establishment, change and termination of employment
Article 3. [ Official of the State] A government official may be a person who:
1) is a Polish citizen;
2) has completed eighteen years of age and has full capacity for legal acts and enjoys full public rights;
3) is an immaculate character;
4) has adequate education and has held an administrative application;
5) has a health status allowing for employment in a particular position.
Article 3a. [ Transfer to the post of civil servant] For the post of civil servant employed in the offices referred to in Article 4. 1 (1) 1 may be transferred by way of agreement of employers a member of the civil service body within the meaning of the Act of 21 November 2008. o the civil service.
Article 3b. [ Employment rate of disabled persons] 1. If the office of the employment rate of persons with disabilities, within the meaning of the provisions on professional and social rehabilitation and employment of disabled persons, in the month preceding the month in which the employment takes place is lower than 6%, priority in employment shall be given to a disabled person, if he/she complies with the requirements for the position in question.
2. The detailed way of implementing the principle referred to in paragraph 2. 1, specifies the manager of the office.
Article 4. (repealed).
Article 5. (repealed).
Article 6. (repealed).
Article 7. [ Administrative Application] 1. The administrative application shall have the theoretical and practical preparation of an employee undertaking for the first time a work at a public office to properly perform the duties of a civil servant.
2. The administrative application lasts twelve months and ends with the qualification assessment. The head of the office may count against the application of prior employment of the applicant and shorten the application period to six months.
3. The application, which has received a positive qualification assessment, should be employed on the position to which it was prepared in the course of the application.
4. An application that has received a negative qualification rating may be employed in a post to which the administrative application is not required to be covered.
5. A reassessment of the qualification shall be submitted to the application after the annual work on the post referred to in paragraph 1. 4.
6. The Council of Ministers, by means of a regulation, sets out the rules and mode of application of the application, the list of posts covered by the application, as well as the rules and accidents which allow the application to be included and the exemption from the application of the application.
Article 7 1 . [ Legislative application] 1. The Head of the Office may refer an official with a legal education to the holding of the legislative application. The mutual rights and duties of the office and of the official, related to the referral to the legislative application, shall determine the contract concluded between the manager of the office and the official.
2. The legislative application ends with an examination.
3. Detailed rules and the mode of organizing and taking the application determine separate regulations.
Article 8. (repealed).
Article 9. [ Prohibition of employment] The spouses and persons with each other in relation to a second degree, or the affinity of the first degree, may not be employed in the same office if the intercourse of the service is established between those persons.
Article 10. [ Move to Other Position] 1. Where the need of the office so requires, a civil servant may be commissioned, for a period of up to three months in a calendar year, to perform another work than specified in the instrument of appointment or in the contract of employment, in accordance with his qualifications. During this period, he shall be entitled to a remuneration applicable to his work, but not less than that of the previous one.
(1a) In the event of reorganisation of the office of a civil servant, the appointment may be transferred to another post, corresponding to the qualifications of the staff member, if, on account of the liquidation of the post occupied by the official, it is not possible to continue to do so. employment in this position. After the transfer, the remuneration is appropriate for the work to be carried out, but for a period of six months not lower than the previous one.
(b) If this is necessary in view of the special needs of the public office, a civil servant may be transferred to another post corresponding to the qualifications of the official and equivalent in terms of remuneration.
2. A state official may, at his application or with his consent, transfer to work in another office in the same or another locality. The transfer shall be carried out by the manager of the office where the official is to be recruited, in agreement with the manager of the office hitherto hiring an official.
3. In justified cases, a government official appointed may be transferred, for a period of up to six months, to another office in the same or another locality, to work in accordance with the qualifications possessed. During the period of transfer, he shall be entitled to remuneration applicable to his work, but not lower than the previous one. Such transfer shall be admissible only once every two years.
4. A temporary transfer shall be inadmissible, without the consent of the person concerned, to an office established in another locality of a pregnant woman or a civil servant who is taking care of a child aged up to fourteen years of age, and in cases where this will prevent important personal or family considerations from being underway.
5. In the event of permanent loss of capacity to work in the position occupied, the statement of the decision a medical committee for invalidity and employment [ 1] An official of the appointed state may, with his or her consent, transfer to another, including a lower position, except that for a period of three months he retains the right to pay hitherto. If a public servant is subject to professional rehabilitation or adoption for another job, he shall retain the right to pay hitherto for a period of twelve months.
Article 11. [ Suspension in full duties] 1. An official of the State shall be suspended by law in the performance of official duties in the event of a temporary arrest until the termination of the employment relationship, unless previously terminated with him the employment relationship without notice of his fault or expired already a period of notice before the official arrest of the official.
2. The remuneration in the period of the temporary arrest of a civil servant shall be reduced to half. Where an acquittal or criminal proceedings have been held, the remainder of the remuneration shall be paid to the public servant, unless the criminal proceedings have been conditioned on a conditional or amnesty basis and the person concerned is subject to the prescribed procedure. He didn't want to rehabilitate.
Article 12. [ Suspension in the performance of the duties of an official of the appointed] 1. The Head of the Office may suspend in the performance of the duties of a public servant appointed, if disciplinary proceedings have been initiated against him.
2. The suspension referred to in paragraph 2. 1, it shall not last for more than three months.
3. During the period of suspension referred to in paragraph. 1, a civil servant shall be appointed retains the right to remuneration and other benefits on the basis of the employment relationship.
Article 13. [ Termination of employment] 1. The termination of the employment relationship with a government official appointed may be made by means of notice in the event of:
1) receipt of a negative assessment of the qualification, confirmed with a negative reassessment, which cannot be made earlier than after the expiry of the three months;
2) the liquidation of the office or its reorganisation, if it is not possible to transfer a civil servant appointed to another position in the same office;
3) the unhinged loss of the privileges required to perform the work in the occupied position;
4) permanent loss of physical or mental capacity to work in the occupant position, found by the decision a medical committee for invalidity and employment Where there is no possibility of the employment of a public servant appointed in another position, appropriate to his or her state of health and professional qualifications, or if the appointed civil servant refuses to go to such a job;
5) (repealed).
2. The period of termination of the employment relationship shall be three months and ends on the last day of the month.
3. In the cases referred to in paragraph 1. Article 1 (1) of the Office shall propose to the public servant appointed to take up a job in another post corresponding to the qualifications held, if that position is available to him.
4. To terminate the employment relationship in the cases referred to in paragraph. 1 points 1 to 3 shall apply the provision of Article 1. 38 of the Labour Code.
Article 13 1 . [ Cash benefit] 1. In the event of termination of the employment relationship with the civil servant appointed, for the reasons set out in Art. 13 (1) In the period between the establishment of employment in liquidated or reorganised office and the taking up of a job or an economic activity, that official shall be entitled to a cash benefit from the State budget for a period of not more than six months. months, calculated as a cash equivalent for holiday leave. This benefit shall not be granted to a public servant who has acquired the right to a pension.
2. In the case of a period referred to in paragraph 1. In order to be able to comply with the provisions of Article 4 (1), the former official shall collect the education, sickness or maternity allowance, and the amount of the cash benefit shall be reduced accordingly
3. The period of collection of the cash benefit referred to in paragraph. 1, including the periods of work required for the acquisition or retention of the rights of workers and the periods of employment within the meaning of the provisions o the pension provision of workers and their families [ 2] -under such conditions as the period for the collection of unemployment benefits, as defined in the employment and unemployment rules. On the basis of the cash benefit, the office shall pay the contribution to social insurance in accordance with the conditions laid down for the remuneration paid during the course of the employment relationship.
Article 14. [ Termination of the employment relationship with power] 1. The application of work with a civil servant shall be appointed by virtue of the right of termination of his or her fault without notice, in the event of:
(1) a final sentence of a custodial sentence or a right to pursue a profession;
2) the final punishment of the disciplinary punishment of the expulsion from work in the office;
3) the loss of the privileges required to perform the work in the position occupied.
2. The application of work with a civil servant shall be appointed by virtue of the right of dissolution without notice also in the event of loss of Polish citizenship.
3. A termination of the employment relationship without notice with a civil servant may also occur in the event of his absence from work due to illness lasting more than one year or seclusion due to an infectious disease, and also in the case of an justified absence for other reasons-after the expiry of the periods laid down in Article 3 (1) of the Rules of 53 of the Labour Code.
3a. In the event of an incapacity to work because of the disease referred to in paragraph 1. 3, a civil servant appointed retains the right to cash benefits for the period provided for in the provisions on the cash benefits of social security in the event of sickness and maternity.
4. The relationship of work with a government official appointed shall expire in the cases specified in the Code of Work and the specific provisions.
Article 15. [ Termination of the employment relationship by agreement of the parties] The employment relationship with the civil servant shall be terminated by agreement of the parties or by the three months ' notice period by that official.
Article 15 1 . [ Exemption from duty] During the period of notice, the appointed civil servant may be relieved of his duties, in accordance with the right to remuneration.
Article 16. [ Employee Protection] The provisions of this Chapter shall be without prejudice to provisions relating to the special protection of workers in respect of termination and termination of employment.
Chapter 3
Obligations and rights of civil servants
Article 17. [ Obligations of a civil servant] 1. The state official shall be obliged to protect the interests of the state and the rights and legitimate interests of the citizens.
2. The public official shall in particular:
1) comply with the Constitution of the Republic of Poland and other provisions of law;
2) guard the authority of the Republic of Poland and strive to deepen the trust of citizens to the authorities of the state;
(3) rationally the management of public funds;
4. reliably and impartially, efficiently and timely carry out the tasks entrusted to it;
5. rearing the secrecy associated with the performance of duties;
6) develop their own professional knowledge;
7) to be able to behave in and out of work.
3. The Head of the Office shall be obliged to provide the State clerk with the appropriate conditions for the performance of the duties specified in the Act.
4. A public officer shall be obliged to make a declaration of his estate in connection with the employment relationship and upon the request of the Head of the Office.
Article 18. [ Work Command] 1. The government official shall be obliged to fulfil the duties of the superiors in conscientiously.
2. If the official order in the opinion of the civil servant is unlawful, reconciles the social interest or contains the marks of error, the official should present his reservations to the superior; in the case of written confirmation of the order of the order should be carried out by notifying the Head of the Office, and when the order has been issued by the Head of the Office, the parent body of the office. Notifications shall be made immediately. If, in the course of further proceedings, it is found that the reservation of the official was justified, the supervisor who issued the order shall be liable for that purpose.
3. A state official shall not be allowed to execute instructions whose execution would constitute a criminal offence or threaten to be unrestrained by losses.
Article 19. [ Prohibition on additional employment] 1. A state official shall not be allowed to take additional employment without obtaining prior consent of the head of the office in which he is employed.
2. A state official shall not be allowed to perform activities which would be contrary to his duties or could provoke suspicion of partiality or interest.
3. A national official shall not be allowed to participate in any strikes or activities which interfere with the normal functioning of the office or in an activity contrary to the obligations of a public servant.
Article 20. [ Qualification assessment] 1. The State Office appointed shall be subject to periodic qualification evaluations. The appraisal shall be carried out by the manager of the office in which the official is employed, taking into account the opinion of the direct supervisor and the establishment of the trade union. For the purpose of this task, the Head of the Office may appoint a committee.
2. On the content of the qualification assessment, the head of the office shall notify the official.
3. From the qualification assessment, the civil servant may, within seven days, appeal to the head of the parent company over the office. An official employed in the ministry may appeal to the minister.
4. The Council of Ministers shall, by regulation, lay down detailed rules and procedures for the assessment of the appointments of civil servants and the procedure for appeals in those cases.
Article 21. [ Remuneration of a civil servant] 1. The public official shall be entitled to remuneration dependent on his position, his professional qualifications, the quality and the seniority of the work.
2. A state official who exhibits an initiative at work and conscientiously performs his duties, should be promoted to a higher salary group or for a higher position.
3. The Council of Ministers, by way of regulation, sets out the principles of remuneration and promotion and the required qualifications in the education and professional practice of the civil servants, subject to the paragraph. 3a.
3a. The President of the Council of Ministers shall determine, by way of regulation, the principles of remuneration and promotion, and the qualification requirements for the education and professional practice of the employees of the Chancellery of the Prime Minister.
4. The rules on the annual increase in the average salary of civil servants shall be laid down in the rules on remuneration in the state budget sphere. To government officials, including the President and Vice Presidents of the entity referred to in art. 1 (1) 2 point 4a, of the provisions of the Act of 3 March 2000. awarding of persons directing certain legal entities (Dz. U. of 2013 r. items 254) does not apply.
Article 22. [ Appendix for multi-annual work] 1. A national official shall be entitled to an allowance for multiannual work in public offices, amounting to 5% of the monthly basic salary after five years of work. This supplement is increased by 1% for each further year of work until 20% of the monthly basic salary is reached.
2. The Council of Ministers shall, by way of regulation, lay down the detailed rules for granting and paying the allowance referred to in paragraph 1. 1, as well as accidents and conditions, in which the period of work in the public offices includes the period of employment in other establishments.
Article 23. [ Jubilee Award] 1. State officials shall be entitled to the jubilee awards of:
1) after 20 years of work-75% of the monthly salary;
2) after 25 years of work-100% of the monthly salary;
3) after 30 years of work-150% of the monthly salary;
4) after 35 years of work-200% of the monthly salary;
5) after 40 years of work-300% of the monthly salary;
6) after 45 years of work-400% of the monthly salary.
2. The Council of Ministers, by way of regulation, lays down the rules for determining the periods of work and other periods of entitlement to the jubilee prize, as well as the rules for its calculation and payment.
Article 24. [ Assumed Prize Fund] 1. In public offices, a betting fund of 8.5% of the wage fund is created. The amount and the rules for granting individual prizes from this fund shall be laid down in separate provisions.
2. The Council of Ministers may, by way of regulation, set up an additional fund of prizes for government officials, with the purpose of rewards for special achievements in professional work, in the amount of 3% of planned personal salaries remaining in the the dispatch of the offices of the offices.
Article 24 1 . (repealed).
Article 25. (repealed).
Article 26. [ Reimbursement of travel, accommodation and subsistence expenses] 1. An official of a public service delegation to a class outside the seat of the office in which he is employed shall be entitled to reimbursement of travel expenses, accommodation and subsistence allowances applicable to official travel within the territory of the country.
2. An official of a State transferred to work in another place shall be entitled to reimbursement of the costs of transfer, subsistence allowance, reimbursement of travel expenses and other benefits.
2a. The Council of Ministers shall determine, by means of a regulation, the amount and conditions for the payment of benefits to civil servants transferred to work in another locality, in particular allowances for the duration of the journey and for the first day of their stay in the new place of residence, reimbursement of travel expenses incurred, the carriage of the household appliance, the accommodation and the allowance for the disconnection, taking into account the period for which the official was transferred, as well as his family status, taking into account that as members of the family he is considered to be the spouse, children and other persons with a common household, if they are resettled together with the official.
3. (repealed).
Article 27. [ Pension and disability benefits] 1. The State Office shall enjoy pension and disability benefits under the rules laid down in the law. of the general public pension provision of workers and their families , with the exception of state employees, whose powers in this respect are governed by separate regulations.
2. In the event of dissolution with the civil servant of the employment relationship due to the liquidation of the office or of his reorganization preventing further employment of the employee, the civil servant shall be entitled to a pension if the man completed sixty years, a woman is fifty five years old and has a required period of employment.
3. In the event of dissolution with the civil servant of the appointed employment relationship for the reasons stated:
1) in art. 13 (1) Article 1 (3), unless the Office has the position referred to in Article 1 (3). 13 (1) 3,
2. in Art. 13 (1) 1 point 4, except in the case of an accident, where the worker refuses to work on the post referred to in that provision,
the official shall be entitled to a full pension if the man has completed sixty years, and the woman is fifty five years old and has the required period of employment.
4. The provisions of the paragraph. 1-3 shall apply to persons born before 1 January 1949.
Article 28. [ Nonce briet] 1. State official to retire or annuity invalidity [ 3] A one-time briet is entitled:
1) after ten years of work in offices-in the amount of two-month wages;
2) after fifteen years of work in offices-at the height of the three-month salary;
3) after twenty years of work in offices-in the amount of 6-month salary.
2. The period of work of the offices shall include the period of employment in other establishments of work under the rules laid down in the provisions referred to in art. 22 par. 2.
3. The remuneration referred to in the paragraph. 1, shall be calculated as the cash equivalent for holiday leave.
Article 29. [ Working Time] 1. The working time of government officials shall not exceed 8 hours a day and an average of 40 hours per week in the accepted accounting period of not more than 8 weeks.
1a. In cases justified by the type of work and its organisation, time-timetables may be used, where the extension of working time to 12 hours a day is allowed. However, in these timetables, the working time may not exceed, on average, 40 hours per week, in a given accounting period of not more than 12 weeks.
2. If the need of the office so requires, a government official may be employed outside normal working hours, and in exceptional cases also at night and on Sunday and holidays.
3. The provisions of the paragraph. 1a and 2 do not apply to pregnant women and, without their consent, to persons who care for those who require permanent care or care for children aged up to eight.
Article 30. [ Work Time Distribution] 1. The distribution of working time in a week and its dimension in the individual days of the week shall be determined by the Head of the Office in accordance with the principles set out, by way of regulation, by the Prime Minister.
1a. Days of the week that are not days of employment shall not be included in the holiday leave.
2. A state official for the work performed at the command of a supervisor outside normal working hours shall be entitled to his/her choice of remuneration or free time, except that free time may be granted in the period immediately prior to the leave rest period or after the end of the period.
3. State officials employed in the offices of the general and central authorities of the state administration in positions of managerial and self-administration shall be entitled to free time for work outside normal working hours performed at night time and in the Sunday or holiday.
Article 30 1 . [ Incomplete working time dimension] No Article shall be applied to civil servants employed in part-time employment. 7 and 27 ust. 2.
Chapter 4
Awards and distinctions
Article 31. [ Awards and distinctions] 1. State officials, who exemplary perform duties, exhibiting an initiative in the work and improving the manner of its execution, may be awarded prizes and distinctions specified in the Code of Work.
2. The honorary badge of the "Deserved State Worker" may be given for the achievements of the professional civil servant.
3. The honorary Odznaka "Deserved Employee of the State" gives the President of the Council of Ministers.
4. The Council of Ministers shall, by regulation, lay down the detailed rules for the award of the honorary badge of the "Deserved State Worker", the mode of application for badges, the pattern of badges and the mode of giving it and the manner in which it is worn.
Article 32. (repealed).
Article 33. [ Promotion to a higher salary group] A government official, distinguished in accordance with art. 31 par. 2, may be promoted to a higher salary group beyond the foreseen resetting dates or for a higher position.
Chapter 5
Ordinal and disciplinary responsibility of a civil servant
Article 34. [ Disciplinary penalties] 1. The public officials are appointed to be responsible for the breach of the duties of the staff member.
2. The ordinal punishment for the rewinding of a lower weight shall be a reminder.
3. The disciplinary caries shall be:
1. nagana;
2) reprimand with a warning;
3) reprimand with deprivation of the possibility of promotion for a period of up to two years to a higher salary group or for a higher position;
4) a transfer to a lower position;
5) expulsion from work in the office.
Article 35. [ Inflated] A reminder shall be given to the Head of Office. A government official may, within three days of notification of the punish, appeal to the manager of the parent company. The appeal shall not be granted if the Minister has a penalty.
Article 36. [ Disciplinary commissions] 1. In disciplinary matters, the disciplinary committees of the I and II instances shall be adjudicated by the managers of the offices in which they operate.
2. Members of the Disciplinary Board, including the Chairperson and the Deputy Chairmen, shall appoint, for a period of four years, the Head of the Office, at which the Commission shall act, after consulting the Management Board of the Board. A member of the Disciplinary Board may be appointed by an official appointed at the office of at least five years, giving a guarantee of the proper conduct of that function.
3. The disciplinary committee shall rule in three-person depots.
4. The disciplinary and instance committees shall be appointed in all State offices, except that the wojewoda may appoint a disciplinary commission and an instance for officials employed in several offices. the regional government departments of general government [ 4] The authority is also entitled to other governmental authorities in the administration of a special provincial degree in relation to their subordinates.
5. The disciplinary commissions of II instances (appeals) shall be established by:
1) the Marshal of the Sejm-for officials of the Chancellery of the Sejm, the National Electoral Office, the Office of the General Inspector of the Protection of Personal Data and the Institute of National Remembrance-the Commission for the Prosecuting of Crimes against the Polish Nation;
2) the Marshal of the Senate-for officials of the Chancellery of the Senate;
3) the President of the Republic of Poland-for officials of the Chancellery of the President;
4) President of the Council of Ministers-for officials of the Chancellery of the Prime Minister, offices subordinate to the President of the Council of Ministers and ministries and offices of central government bodies;
5) the competent minister-for officials of the offices subordinate to the chief and central authorities of the state administration;
6) Minister competent for public administration-for officials of provincial offices and regional chambers of auditors;
7) Chairman of the National Council of Radio and Television-for officials of the Office of the National Council of Radio Broadcasting and Television, taking into account the mouth. 5 a ;
7a) The First President of the Supreme Court-for the officials of the Supreme Court;
8) President of the Constitutional Tribunal-for officials of the Office of the Constitutional Tribunal, taking into account the mouth. 5 a ;
9. The Ombudsman-for officials of the Ombudsman's Office;
9a) (repealed);
9b) Ombudsman of the Rights of the Child-for the officials of the Office of the Ombudsman of the Children's Rights;
10) (repealed);
11. water-water-for officials of the district government of the general government.
5 a . The disciplinary committee of the second instance (appeal) for the officials mentioned in the paragraph. 5 point 7 may be set up by the President of the Republic of Poland, at the request of the President of the National Council of Radio and Television, and for the officials mentioned in the paragraph. 5 point 8-at the Marshal of the Sejm, at the request of the President of the Constitutional Tribunal.
6. Members of the disciplinary committee shall be in the field of adjudication of the unfolding and shall be subject only to the laws.
7. The President of the Council of Ministers shall determine, by way of regulation, detailed rules and procedures for the investigation and disciplinary procedure, rules and mode of appointment and dismissal of disciplinary committees and disciplinary ombudsmen, taking into account in the in particular, the conduct of the investigation and the disciplinary procedure, as well as ensuring the proper functioning of the committees and the disciplinary ombudsmen.
Article 36 1 . [ Disciplinary spokesperson] 1. The ombudsman, for the term of office of a disciplinary commission, shall appoint the Head of the Office from among the officials of the appointed State of the Disciplinary Board.
2. A disciplinary officer shall initiate the investigation procedure on the instructions of the Head of the Office. The disciplinary officer shall inform the authorising officer of the initiation of the proceedings.
3. The decision to submit to the Disciplinary Board and the instance of the request to disciplinary proceedings shall be submitted to the Head of the Office.
Article 36 2 . [ Tasks of the Disciplinary Officer] The tasks of the Disciplinary Officer shall be as follows:
1. conducting the investigation procedure;
2) submitting applications for the initiation of disciplinary proceedings, if the results of the investigation are justified;
3) participation in the hearing as a party;
4. lodging appeals against decisions of the Disciplinary Board and Instance;
5) participation in the appeal proceedings.
Article 36 3 . [ Disciplinary proceedings] 1. The disciplinary committee and the instance shall initiate disciplinary proceedings on the day of filing the request of the disciplinary officer for the initiation of proceedings.
2. The blamed shall have the right to use the assistance of the chosen defender, subject to the provisions for the protection of statutory secrecy.
3. In the case where a disciplinary spokesman has filed for the decision of the sentence of expulsion from work in the office, and the defender has no choice, the chairman of the adjudicating bench shall appoint a defender from among the civil servants.
4. The disciplinary committee and the instance shall issue a ruling after a hearing in which the disciplinary officer and the defender shall be heard, if he has been established, and after considering other evidence of relevance in the case.
5. The unjustifiable failure of the blamed or his defense counsel at the trial shall not withhold the recognition of the case.
6. The hearing shall be open to the civil servants appointed. In justified cases, the formation of the hearing may exclude the publicity of the hearing; however, the announcement of the decision shall be public.
Article 36 4 . [ Announcement of the decision] 1. The ruling should be announced immediately after the deliberate.
2. In exceptional cases, you may postpone the announcement of the decision for a period of not more than 3 days. The President of the formation of the Court shall notify the parties immediately after the end of the deliberation.
3. Following the announcement of the decision, the President of the formation of the adjudicatory shall give oral reasons for the decision
4. The ruling together with the justification shall be served on the parties of the office, not later than within 7 days from the day of its announcement.
Article 36 5 . [ Reference] 1. From the decision of the disciplinary committee and the instance of the party shall have the right to lodge an appeal The appeal may appeal the whole of the decision or part of it.
2. The appeal shall be lodged with the disciplinary committee of the II instance through the disciplinary committee and the instance which issued the contested decision, within 14 days from the date of service of the decision, together with the reasons for the decision.
Article 36 6 . [ Cessation of enforcement of the decision] 1. Before the expiry of the time limit for the appeal, the decision shall not be enforced.
2. The transfer of the appeal within the period shall hold the execution of the decision.
Article 36 7 . [ Appeal to the labour court] 1. In proceedings before the Disciplinary Board II of the instance, the provisions of the proceedings before the Disciplinary Board and the Instance shall apply accordingly.
2. The decisions of the disciplinary committee II of the parties shall serve the purpose of appeal to the competent court of appeal for the place of residence of the court of appeal, the court of employment and social security. The provisions of the Civil Procedure Code on appeal shall apply to the recognition of the appeal. There shall be no cassation from the judgment of the Court of Appeal.
Article 36 8 . [ Legal decision of the Disciplinary Board] 1. A copy of the final decision of the Disciplinary Board shall be attached to the personal file of the official of the appointed state.
2. The final judgment on punishment shall be carried out without delay.
Article 37. [ Disciplinary of disciplinary action] 1. disciplinary proceedings shall not be initiated after the expiration of one month from the date of obtaining the message of committing the act justifying disciplinary responsibility or after one year from the date of committing such act. If, by reason of absence from work, the official does not have the opportunity to make an explanation, the period of the monthly period shall not start and the office commenced shall be suspended until the day of the official's appointment. However, if the act contains a criminal offence, the disciplinary limitation shall not take place earlier than the criminal statute of limitation.
2. The disciplinary penalty, with the exception of the sentence of expulsion from work in the office, shall be regarded as a non-former and the mention of it shall be drawn from the act of the disciplinary committee and of the office after the expiry of two years from the legitimacy of the decision. The Disciplinary Board, taking into account the achievements and conduct of the staff member, may, at the request of the staff member or his/her superior, consider the penalty to be non-bovine and shall be ordered to be deleted at an earlier date.
3. After the lapse of five years from the legitimation of the decision of the disciplinary committee, the punished may request recognition as a non-former expulsion sentence from the office.
Article 37 1 . [ Apply to other laws] The provisions of the Code of Criminal Procedure shall apply mutatis mutandis in proceedings before disciplinary committees I and II of the instance in matters not governed by this Chapter.
Chapter 6
Examination of disputes over claims of officials from employment
Article 38. [ Reference to the head of the parent body] 1. From the decision on the termination or termination of the employment relationship with the civil servant appointed, transferred, or orders him to carry out other work, transfer to a lower or other position or suspension in the performance of duties the official may, within seven days, appeal to the head of the parent authority over the office in which he is employed. The decision of the Minister shall not be entitled to any appeal.
2. (repealed).
Article 39. [ Reference to the head of the parent body] Disputes over claims from the employment relationship of civil servants shall be dealt with in the mode specified in the Code of Labour.
Chapter 7
(repealed)
Article 40. (repealed).
Article 41. (repealed).
Article 42. (repealed).
Chapter 8
Specific provisions
Article 42 1 . [ Execution of tasks provided for the Head of Office] Provided for in the Act and in the separate provisions of the task for the Head of the Office shall perform in government administration offices, excluding District offices and field offices of the Special Administration-the Director General of the Office.
Article 43. [ Military units staff] 1. The provisions of the Act, subject to the provisions of paragraph. 2 and 3, apply to employees employed in military units.
1a. The provisions of the Act apply to employees employed in the Command of the Main Military Gendarmerie and other organisational units of the Military Gendarmerie.
2. The Minister of National Defence shall determine, by means of regulations, military units and positions on which the employment relationship with the staff referred to in the paragraph. 1 shall be made by appointment or contract of employment and shall also grant the organisation of disciplinary committees to the organisational structure of military units.
3. The privileges of the mouth. 2 shall be entitled to the Minister responsible for internal affairs in respect of the staff employed in the military units subordinate to him.
4. The Council of Ministers, by means of a regulation, may specify in a particular manner certain obligations and rights of the employees referred to in paragraph. 1, taking into account the nature and working conditions of the military units.
Article 44. [ Application of provisions of the Act] The provisions of the Act shall apply to administrative, auxiliary, technical and judicial staff, the public prosecutor's office, as amended by the special provisions.
Article 45. [ Persons Appointed to managerial positions] 1. The provisions of the Act concerning the establishment and termination of the employment relationship shall not apply to persons appointed to perform the functions of state administration bodies and to other managerial positions in the state administration, in the mode specified in specific provisions.
2. Oyourself revoked from the function or position, referred to in the mouth. 1, which before the appointment of this function or post was a civil servant appointed, shall have the right to appoint an equivalent post to be held before the appointment, if the person complies with the requirements referred to in art. 3 pt. 4.
Article 45 1 . [ Prohibition of manifesting political beliefs] 1. State officials employed in the Chancellery of the Sejm, the Chancellery of the Senate, the Chancellery of the President of the Republic of Poland and the Office of the National Council of Radio and Television shall not publicly manifest their political beliefs.
2. The ban referred to in paragraph. 1, does not apply to employees employed on the basis of art. 47 1 paragraph 1, as well as persons occupying managerial positions in the Chancellery of the President of the Republic of Poland, listed in Art. 2 of the Act of 31 July 1981. the remuneration of persons occupying managerial positions of the State (Dz. U. of 2011 r. Nr 79, pos. 430 and No. 112, pos. 654).
Article 46. [ Application of provisions of the Act] The provisions of Article 4 21-31 and 33 shall also apply to staff of non-official government offices.
Article 47. [ Officials of the diplomatic and consular services and customs administration] The provisions of this Act shall apply to officials of the customs administration with amendments and additions, which shall determine by way of regulation the Council of Ministers in so far as is necessary on account of the particular nature of the work of those workers.
Article 47 1 . [ Persons occupying managerial positions of the State] 1. [ 5] Employment:
1) the employee in the political office of the Prime Minister, Deputy Prime Minister of the Council of Ministers, Minister and another member of the Council of Ministers,
(2) advisers or advisers to senior State positions other than those mentioned in point 1
-is based on a contract of employment concluded for the duration of the function by a person occupying a managerial position of the State. The work contracts concluded with these persons shall not apply. 25 1 Labour code. An earlier termination of a contract of employment may be made at notice.
2. The provision of art. 42 1 does not apply to the employment relationship of the workers referred to in paragraph 1. 1.
3. The Council of Ministers shall determine, by means of a regulation, the principles of remuneration and other benefits, including the termination of termination or termination of employment, entitled to the employment referred to in the paragraph. 1.
Article 48. [ Offices managers] 1. The provisions laid down in art. Article 2 (1), point 1, 7 ust. 6, art. 7 1 paragraph 2, art. 20 para. 4, art. 21 (1) 3, art. 22 par. 2, art. 23 (1) 2, art. 24 ust. 2, art. 26 par. 2, art. 30 par. 1, art. 31 par. 4, art. 36 ust. 7 and art. 47 1 paragraph 3. it shall issue, by order:
1) (repealed);
2. (repealed);
3) the President of the Republic of Poland-with regard to the employees of the Chancellery of the President and the Office of the National Council of Radio and Television.
1a. Rules of Art. Article 2 (1), point 1, 7 ust. 6 and art. 30 par. 1 shall not apply in respect of the staff of the offices listed in Article 1 (1) 1 points 1, 2, 3b, 6-7a, 9 and 13. The managers of these offices shall be entitled to determine:
1) the positions on which the employed workers are civil servants;
2) the list of posts covered by the administrative application and the rules and mode of operation of this application;
3) the distribution of working time in the week and its dimension on the individual days of the week.
1b. Within the limits of the funds available for remuneration laid down in the Finance Act, the managers of the offices referred to in paragraph 1 shall be provided for in the budget 1a, they shall determine the remuneration rules in office. The Rules of Procedure in respect of the Chancellery of the Sejm shall approve the Marshal of the Sejm, and in relation to the Chancellery of the Senate-the Marshal of the Senate. Art. 21 (1) 3, art. 22 par. 2, art. 23 (1) 2 and Art. 47 1 paragraph 3 does not apply.
1c. An additional prize fund for government officials for the specific achievements in professional work created on the basis of art. 24 ust. 2 in the offices referred to in paragraph 1. 1a, it remains at the disposal of the managers of these offices and may be increased by them within their means of remuneration.
2. Permission arising from the Art. 31 par. 3 shall be entitled to the body referred to in paragraph 3 respectively. 1 and the Marshal of the Sejm with regard to the employees of the Chancellery of the Sejm, the National Electoral Office and the Office of the Inspector General for Personal Data Protection, as well as the Marshal of the Senate with regard to the employees of the Chancellery of the Senate and the managers of the offices referred to in art. 1 (1) 1 points 3b and 6 to 7a for the staff of those offices.
(3) The powers conferred on the Law of Ministers shall be conferred on the officials of the offices referred to in paragraph 3. 1 and in Art. 1 (1) 1 points 1, 2, 3b, 6-7a, 9 and 13.
4. (repealed).
Chapter 9
Amendments to the provisions in force and transitional and final provisions
Article 49. (bypassed).
Article 49 1 . (expired).
Article 50. (bypassed).
Article 51. [ Transitional provisions] Pending the adoption of the implementing rules provided for in the Act, the existing provisions with amendments resulting from the Act shall apply.
Article 52. [ Application of provisions of the Act] The regulations relating to ministers and voyeurs shall apply mutatis mutandis to the heads of central offices and the Head of the Chancellery of the Prime Minister.
Article 53. [ Officials of the State employed on the post of the oworlds probation officer] 1. State officials employed as a probation officer or employed in the offices of state administration bodies in positions requiring pedagogical qualifications shall be entitled to the powers laid down in the Article. 30, 31, 32 par. 3, art. 33, 36, 46 [ 6] , 50-52 [ 7] , 57 [ 8] -60, 86 and 88-90 [ 9] the Act of 26 January 1982. -the Charter of the Teacher and the period of employment in these posts shall be included in the period of employment for which the powers of the teacher as defined in that Act depend.
2. (repealed).
3. The Council of Ministers may specify the categories of government officials who will benefit from the special entitlements in terms of wages and other benefits provided for by the provisions in force on the date of entry into force of the Act.
Article 54. [ Repealed provisions] The existing provisions on the rights and obligations of the employees of State offices, issued on the basis of art, are hereby repealed. 298 § 1 of the Act of 26 June 1974. -Labour Code (Dz. U. Nr 24, pos. 141 and 1975. No 16, pos. 91).
Article 55. [ Entry into force] The Act shall enter into force on 1 January 1983.
[ 1] Currently: a medical examiner of the Social Insurance Institution, according to art. 10 para. 4 of the Act of 28 June 1996. to change some of the laws on pension provision and social insurance (Journal of Laws No. 100, item. 461), which entered into force on 1 September 1997.
[ 2] Currently: the provisions on pensions and pensions from the Social Insurance Fund pursuant to Art. 192 of the Act of 17 December 1998. about pensions from the Social Insurance Fund (Journal of Laws of 2009 No. 153, pos. 1227; ost. zm.: Dz.U. z 2013 r. items 240), which entered into force on 1 January 1999.
[ 3] At present: an invalidity pension under Article 4 (1) of the Regulation. 10 para. 3 of the Act of 28 June 1996. to change some of the laws on pension provision and social insurance (Journal of Laws No. 100, item. 461), which entered into force on 1 September 1997.
[ 4] There are currently no general government authorities in the general government, since the Law of 22 March 1990. about the field bodies of the government general administration (Journal of Laws of 1998. Nr 32, pos. 176) has expired on 1 January 1999. based on art. 9 of the Act of 24 July 1998. o the entry into force of the Act on local government, the Act on Self-Government and the Act on Government Administration in the Voivodeship (Journal of Laws No. 99, pos. 631).
[ 5] Article 47 1 paragraph 1 in the wording set by Article 1. 3 of the Act of 25 June 2015. Amendment of the Act-Labour Code and some other laws (Journal of Laws of the Law of the European Union 1220). The amendment came into force on 22 February 2016.
[ 6] Repealed.
[ 7] Articles 50 and 52-repealed.
[ 8] Articles 57 and 59-repealed.
[ 9] Art. 89-repealed.
