ACT

of 21 November 2008

o civil service

• Metric
• Codified text

Chapter 1

General provisions

Article 1. [ Civilian Service] In order to ensure a professional, fair, impartial and politically neutral exercise of the tasks of the State, a civil service shall be established and shall lay down the principles of access to that service, the principles of its organisation, operation and development.

Article 2. [ Civil Service Corps] 1. The civil service corps shall be constituted by the employees recruited in the post offices 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) 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, unless separate statutes constitute otherwise,

(4a) The Central Police Office Of Investigation,

5) (repealed)

6) The Office of Forestry Seed,

(7) the budgetary units serving the State special-purpose funds, the disposals of which are the authorities of the government

-hereinafter referred to as 'the offices'.

2. The civil service corps shall also form the district and the border veterinarians and their deputies.

3. Authorities in offices may also occupy seconded persons on the basis of separate provisions for the performance of tasks outside the business unit in which they are employed.

4. The rights and obligations of members of the foreign service corps and the rules of the organization and functioning of that service shall be determined by the provisions on foreign service.

Article 3. [ Definitions] As defined in the Act:

1) a civil servant shall mean a person employed under a contract of employment in accordance with the rules laid down in the Act;

2) a civil servant shall mean a person employed on the basis of appointment in accordance with the rules laid down in the Act;

3) a member of the civil service body shall mean the person referred to in points 1 and 2, and a person employed on a higher position in the civil service.

Article 4. [ Candidate requirements for civil service] In the civil service, a person may be employed who:

1) is a Polish citizen, subject to art. 5;

2) enjoy full public rights;

3) she was not convicted of a final sentence for a deliberate offense or a deliberate treasury offence;

4) has the qualifications required for the job title;

5) enjoys an unrepute opinion.

Article 5. [ A person who does not have a Polish nationality] 1. The Director General of the Office, disseminating information about vacancies, shall indicate, with the consent of the Head of the Civil Service, the positions which, apart from Polish citizens, may apply to citizens of the European Union and citizens of other states, under international agreements or provisions of Community law, have the right to take up employment in the territory of the Republic of Poland.

2. A person who does not have a Polish nationality may be employed on a job where the work performed is not a direct or indirect participation in the exercise of public authority and functions aimed at the protection of the general the interests of the State, if it has the knowledge of the Polish language confirmed by the document specified in the provisions issued under the mouth. 3.

3. The President of the Council of Ministers will determine, by means of the regulation, the types of documents confirming the knowledge of the Polish language, guided by the nature of the work carried out by members of the civil service corps and the need to ensure an adequate level of the tasks that they perform.

Article 6. [ Information on vacant positions] Every citizen shall have the right to information on vacant posts in the civil service, and the recruitment into the civil service shall be open and competitive, subject to the provisions of Chapter 4.

Article 7. [ Limit of appointment of officials] 1. The limit of the appointment of civil servants in the civil service for a given financial year and the financial resources on salaries and training of members of the civil service corps shall be determined by the Act of Budget.

2. The Council of Ministers shall set annually a three-year plan to limit the appointment of civil servants in the civil service and submit it to the Sejm simultaneously with the draft budget bill.

Article 8. [ Financial measures for the remuneration and training of civil service members] 1. The Minister responsible for public finance shall cooperate with the Head of the Civil Service in preparing and executing the state budget in the part concerning the remuneration and training of the members of the civil service corps.

2. The Head of the Civil Service shall submit to the Council of Ministers a position on the draft budget law, in part concerning the financial resources for the remuneration and training of the members of the civil service corps.

3. The Minister responsible for Social Security shall submit to the Council of Ministers a position on the draft budget law, in the part concerning the financial resources for the remuneration of the members of the civil service body-taking into account the indicators employment of persons with disabilities in individual offices.

Article 9. [ Cases concerning the employment relationship in the civil service] 1. In matters concerning the employment relationship in the civil service, not regulated in the Act, the provisions of the Labour Code and other provisions of labour law shall apply.

2. Claims on civil service employment claims shall be considered by the courts of employment.

Chapter 2

Civil service organisation

Article 10. [ Head of Civil Service] 1. The Head of the Civil Service shall be the central authority of the governmental administration competent in matters of civil service.

2. The Head of the Civil Service shall be directly subject to the Prime Minister's Office.

3. The Head of the Civil Service shall appoint and dismiss the President of the Council of Ministers.

4. Prior to joining the duties, the Head of Civil Service shall submit the following vow before the Prime Minister:

" By taking the position of the Head of the Civil Service, I solemnly pledge allegiance to the provisions of the Constitution of the Republic of Poland, in particular to guard the professional, fair, impartial and politically neutral exercise of the state's tasks in offices of government administration by the civil service corps, and the duties entrusted to me fulfil conscientiously and impartially. ".

The vow can be made with the addition of the words "So help me God".

5. The Head of the Civil Service shall immediately designate, in agreement with the President of the Council of Ministers, the replacement of the person.

6. The replacement of the Head of the Civil Service shall perform the tasks of the Head of the Civil Service during his absence and in the absence of the position of the Head of the Civil Service-until the time of his/her manning.

Article 11. [ Candidate requirements for the Head of Civil Service] 1. The Head of the Civil Service may be a person who:

1) is a Polish citizen;

2) enjoy full public rights;

3) she was not convicted of a final sentence for a deliberate offense or a deliberate treasury offence;

4) holds the professional title of master or equivalent;

5) knows at least one foreign language from the working languages of the European Union;

6. enjoys an unrepute opinion;

7) has not been convicted by a final judgment on the prohibition of the occupying of managerial positions in the offices of public authorities or for the performance of functions relating to the possession of public funds;

8) (repealed)

9) is not a member of a political party.

2. A person replacing the Head of the Civil Service referred to in art. 10 para. 5, it shall meet the conditions referred to in paragraph. 1 points 1 to 7 and 9.

Article 12. (repealed)

Article 13. (repealed)

Article 14. [ Support of the Head of Civil Service] The Head of the Civil Service shall be provided by the Chancellery of the Prime Minister.

Article 15. [ Duties Of The Head Of Civil Service] 1. The Head of the Civil Service shall carry out the tasks specified in the Act, in particular:

1) ensure the observance of the civil service rules;

2) directs the process of human resources management in the civil service;

3) collect information about the corps of the civil service;

4) prepare draft normative acts concerning the civil service;

5) monitor and supervise the use of the measures referred to in art. 7 ust. 1;

6) plan, organize and supervise the central training in the civil service;

7. disseminate information on the civil service;

8. provide the conditions for the dissemination of information on vacancies;

9) conducts international cooperation on civil service matters.

2. The Head of the Civil Service shall prepare and submit to the Council of Ministers a draft strategy for the management of human resources in the civil service, which includes the diagnosis of the civil service, determination of strategic objectives, the implementation system and financial framework.

3. The Council of Ministers shall adopt, by way of a resolution, a strategy for the management of human resources in the civil service.

4. The Head of the Civil Service may request the President of the Council of Ministers to carry out an audit in the implementation of the tasks resulting from the Act.

5. The Head of the Civil Service may collect and use for the purpose of carrying out statutory tasks of information, including personal data of members of the civil service corps, excluding the data referred to in art. 27 ust. 1 of the Act of 29 August 1997. on the protection of personal data (Dz. U. of 2016 r. items 922), and process them within the meaning of the provisions of this Act.

6. The Head of the Civil Service shall collect and process detailed data on the state of employment and remuneration of the members of the civil service corps.

7. The Head of the Civil Service shall present to the President of the Council of Ministers, by the end of March each year, the report on the state of civil service and on the implementation of the tasks of that service for the previous year. The President of the Council of Ministers shall adopt or reject the report within 3 months.

8. The Head of the Civil Service may form teams as opinions or advisory bodies in matters falling within the scope of the Head of the Civil Service.

9. The Head of the Civil Service will determine, by means of ordinance, the standards of human resources management in the civil service.

10. The President of the Council of Ministers shall determine, by way of ordinance, guidelines on the observance of the rules of civil service and the ethics of the civil service corps.

Article 16. [ Measures from the budget reserve for the modernisation of the civil service] 1. Within the framework of the implementation of the Human Resources Management Strategy in the Civil Service and in order to implement the standards, guidelines and principles referred to in Art. 15 para. 9 and 10, Head of the Chancellery of the Prime Minister, at the request of the Head of the Civil Service, shall have, within the meaning of the Act of 27 August 2009. on public finances (Dz. U. of 2013 r. items 885, as late. zm.), funds from the budget reserve for the modernization of the civil service, created in the Budget Act.

2. The Head of the Civil Service, in consultation with the Head of the Chancellery of the Prime Minister, will determine, by order, the conditions for awarding government administration to the funding for the implementation of the Human Resources Management Strategy in the civil service and in order to implement the standards, guidelines and principles referred to in Article 15 para. 9 and 10.

Article 17. [ Cooperation with the Directors-General of the Oftenants] 1. The Head of Civil Service shall implement the tasks specified in the Act with the assistance of the Directors-General of the Oftenants.

2. The Head of the Civil Service will determine, by means of ordinance, conditions and mode of interaction with the Directors-General of the Offices in matters concerning the provision of professional, fair, impartial and politically neutral civil service body the execution of the tasks of the State and the management of the human resources management process.

3. The Head of the Civil Service may request from the Director General of the Office of Information, Documents and periodic reports on the tasks resulting from the Act.

Article 18. [ Internal Audit] The Minister responsible for public finance, at the request of the Head of the Civil Service, shall order the execution of an internal audit in the field of tasks resulting from the Act.

Article 19. [ The Public Service Council] 1. The President of the Council of Ministers shall act as the Council of Public Service, hereinafter referred to as the "Council".

2. The Council, acting as an advisory and advisory body, shall, in particular, give its opinion on:

1) concerning the civil service submitted to it by the Prime Minister or the Head of the Civil Service and on its own initiative;

2) the project of the human resources management programme in the civil service;

3) the draft budget bill in the civil servant part and the annual implementation of the state budget in this regard;

4) the proposed rate of increase in salaries in the state budget sphere in the field of civil service;

5) draft normative acts concerning the civil service;

6) a central training plan in the civil service;

7) civil corps ethics;

8) draft rules of procedure determining the working mode of the Higher Disciplinary Board of the Civil Service;

9) the report of the Head of the Civil Service, referred to in art. 15 para. 7.

3. The Council shall also:

1) assess the conduct of the civil service qualification proceedings;

2) may request the Head of Civil Service to take a position on the matters specified by the Council regarding the application of the rules of civil service;

3) may request the Head of the Civil Service to take a position on a complaint addressed to the Council by a member of the civil service body or in matters of comments and conclusions of representatives of trade unions and clerical associations working within the public administration;

4) may refer its representative in order to observe the course of the qualification proceedings, at the level of the median level of management in the civil service, and in the event of a finding of irregularities in the course of the qualification proceedings, may refer to the Head of the Civil Service to order the retrial;

5) specify the directions of the modernization of the civil service in terms of changing tasks, needs and expectations of the Prime Minister;

6) in cooperation with KSAP, disseminates the best European standards, patterns and experiences in the functioning of public service.

4. The President of the Council shall form part of the Council of the National School of Public Administration.

Article 20. [ Council members] 1. The Council counts 7-9 members.

2. The President of the Council of Ministers shall appoint the members of the Council from among persons corresponding to the conditions stipulated in the 4 (1) to (3) and (5) whose knowledge, experience and authority give a guarantee to the proper implementation of the Council's tasks.

The President of the Council shall appoint the President and the Vice-President of the Council from among the members of the Council.

Article 21. [ Human terms of the Council] 1. The tenure of the members of the Council shall be 4 years

2. The members of the Council shall remain in office until their successors are appointed.

3. The members of the Council shall act as a socially responsible.

Article 22. [ Termination of membership of the Council] 1. Membership in the Council expires:

1) in case of death of a member of the Council

2. if a member of the Council no longer fulfils any of the conditions laid down in the Article. 4 points 1 to 3;

3) not to perform the duties of a member of the Council for a period longer than 12 months, if the cause is not the long-term illness, the medical statement stated.

2. The President of the Council of Ministers shall also cancel a member of the Council if he/she resigns.

3. In the event of the expiration of the membership of the Council or of the appeal of a member of the Council before the expiry of the term of office, the President of the Council of Ministers shall appoint a new member of the

Article 23. [ Council Work Mode] 1. The working mode of the Council shall determine the rules of procedure adopted by the Council. 2. The support of the work of the Council shall be provided by the Chancellery of the Prime Minister

Article 24. (repealed)

Article 25. [ Position of the Director-General of the Office] 1. The position of the Director General of the Office shall be created in the Chancellery of the Prime Minister, the Minister's office, the office of the Chairman of the Committee of Ministers, the office of the Central Government Administration and the Office of the State.

2. The position of the Director General of the Office shall not be created in the Command of the Police Headquarters, the Command of the Main State Fire Service and the Main Command of the Border Guard.

3. The Director-General of the Office shall be directly governed by the Head of Office.

4. General Director of the Office:

1) ensure the functioning and continuity of the office's work, the conditions of its operation, as well as the organization of work, in particular by:

a) the exercise of direct supervision of the organizational cells of the office in the scope of proper performance of the tasks defined by the Head of the Office, except for the cells directly supervised by him on the basis of the laws,

(b) supervising the organisational progress of the timely preparation of the draft budget and the implementing system for the budget in the part concerning the office,

(c) the existence of an application to the competent authority of the government for the establishment of the rules of procedure of the office

(d) establishment of the rules of procedure for organisational cells and the establishment of the rules of procedure,

(e) the management of the holding of the office, including the outsourcing of services and the purchase of the office, and the keeping of the records of the property of the office,

(f) exercise of the powers of the procuring manager within the meaning of the Law of 29 January 2004. -Public procurement law (Dz. U. of 2015 items 2164 and 2016 items 831, 996 and 1020),

g) representation of the State Treasury with regard to the property of the office, subject to art. 26 point 1 of the Act of 5 June 1998. about the government administration in the voivodship (Dz. U. of 2001. items 872, of late. zm.) [ 1] ,

(h) supervising the exercise of control and internal audit in the office,

(i) (repealed)

(j) ensuring compliance with the rules of laws of law protected by law,

(k) ensuring compliance with the principles of legislative technique;

2) carry out work on the labour law of the persons employed in the office and implement the personal policy, in particular by:

(a) the preparation of the Human Resources Management Programme at the Office,

(b) carrying out activities resulting from the establishment and the duration of the employment relationship with the members of the civil service body and the activities relating to the termination of the employment relationship,

(c) organisation of recruitment for vacant posts,

(d) the disposal of the prize fund, unless otherwise provided for in separate provisions,

(e) the administration of the funds of the social benefit fund at the office;

3) perform the specified tasks of the Head of the Office, if the separate provisions so constitute;

4) perform other tasks under the authority of the Head of the Office.

5. The Director General of the Office by the end of January each year shall submit to the Head of the Civil Service a report on the implementation of the tasks resulting from the Act for the year of the previous year.

6. The Director-General of the Office shall immediately designate, in agreement with the Head of the Office, replacing him with the head of the department (the equivalent cell), and in the provincial offices-the department (peer cell). The Director-General of the Office shall immediately inform the Head of the Civil Service of the establishment of the Deputy Director.

7. The replacement of the Director-General of the Office shall perform the duties of the Director-General of the Office in his absence and in the event of vacant position of the Director-General of the Office, until the office of office is filled.

8. In the event of the vacant position of the Director General of the Office and the failure to appoint a person to replace him, the Head of Civil Service in consultation with the Head of the Office shall appoint a member of the civil service corps employed in this office for replacement the Director-General of the Office, until such time as that post is filled.

9. The tasks provided for by the Act for the Director General of the Office in the offices where the position of the Director General of the Office is not created shall be carried out by the managers of those offices.

10. The Director-General of the Office or the person replacing the Director General of the Office, in the event of vacant posts, may issue an order for the purpose of carrying out the tasks referred to in paragraph. 4.

Chapter 3

Establishment of a civil service relationship

Article 26. [ Candidates ' selection] 1. The general director of the office shall organise the recruitment of candidates for the civil service corps, subject to the provisions of Chapter 4.

2. The Nabór referred to in the paragraph 1, also applies to the graduates of the National School of Public Administration.

3. The recruitment of candidates for the civil service corps on positions connected with the defence of the country shall take place taking into account the priority in the employment of the persons exempted from the professional military service, referred to in art. 119 (1) 1 of the Act of 11 September 2003. about the military service of professional soldiers (Dz. U. of 2014 items 1414, of late. zm.).

Article 27. [ Nabór on the border posts of the veterinarian and his deputy] 1. The primary Veterinary Officer shall arrange the recruitment at the border posts of the veterinarian and his deputy.

2. [ 2] (repealed) .

3. [ 3] For the recruitment referred to in paragraph 1. 1, the provisions of this Chapter shall apply accordingly.

Article 28. [ Naborze announcement] 1. The Director General of the Office, subject to Art. 39, it is obliged to disseminate information about vacancies by placing an advertisement in a place which is publicly available at the seat of the office, in the Public Information Bulletin of the Office, hereinafter referred to as the "Bulletin of the Office", and in the Newsletter of the Chancellery of the Prime Minister, hereinafter referred to as the "Bulletin of the Chancellery".

2. The notice of the nabor should include:

1. the name and address of the office;

2) determine the position of the work;

3) requirements relating to the position of work as described in the given position, with an indication of which of them are necessary and which additional;

4) the scope of tasks performed at the workplace;

4a) information on working conditions at the workplace;

4b) whether, in the month preceding the publication of the announcement, the employment rate of persons with disabilities in the office, within the meaning of the provisions on professional and social rehabilitation and employment of disabled persons, is equal to at least 6%;

5) an indication of the required documents;

6) deadline and place of submission of documents.

2a. Requirements referred to in paragraph. The following shall be specified in point 3 of paragraph 2:

1) the requirements necessary are the requirements necessary to take up the job at a given workplace;

2) the additional requirements are the other requirements, which allow for optimal performance of the tasks in the job.

2b. A candidate who intends to exercise the power referred to in art. 29a par. 2, shall be obliged to submit together with the documents copies of the document confirming the disability.

3. The deadline for the submission of documents, specified in the notice of appointment, shall not be less than 10 days, and for the announcement of the service in order to replace the absent member of the civil service corps-5 days from the date of publication of this notice in the Bulletin Board Chancellery.

4. The vacancies for job vacancies shall be entered in the Bulletin of the Chancellery by electronic means by means of the forms placed on its website.

5. The placement of the bulletin in the Bulletin of the Chancellery is free of charge.

Article 29. [ Names and names of candidates and result of recruitment] The names of candidates who meet the formal requirements and the result of the recruitment shall constitute public information within the scope of the requirements set out in the notice of the recruitment.

Article 29a. [ The enrolment in the recruitment process of not more than five candidates] 1. In the course of recruitment, the committee referred to in Article 1 30 par. In accordance with Article 2 (2) (5), there shall be no more than the five best candidates meeting the requirements necessary and, to the greatest extent, meeting the additional requirements to be presented to the Director-General of the Office for the employment of the selected candidate.

2. 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 persons with disabilities, in the month preceding the date of publication of the notice of birth, is lower than 6%, priority in employment shall be entitled to a disabled person, provided that he is in the grounding of the persons referred to in paragraph 1. 1.

Article 30. [ Protocol of the recruitment] 1. A protocol shall be drawn up from the recruitment of the recruitment process.

2. The protocol shall contain:

1) determining the position of the work on which the recruitment was carried out, the number of candidates and the names, surnames and places of residence within the meaning of the provisions of the Civil Code no more than five of the best candidates together with an indication of the candidates Article 2 (1) (a) (a) (a) (a) is 29a par. 2, presented to the Director-General;

2) the number of tenders submitted, including the number of tenders which do not comply with formal requirements;

3. information on the methods and techniques used for the recruitment;

4) justification of the choice made;

5. the composition of the committee responsible for the recruitment process.

Article 31. [ Information on the result of recruitment] 1. The Director-General of the Office shall immediately after the recruitment process disseminate information on the outcome of the recruitment process by placing it in a place which is widely available at the seat of the office, in the Bulletin of the Office and in the Bulletin of the Chancellery.

2. The information referred to in paragraph 1. 1, contains:

1. the name and address of the office;

2) determine the position of the work;

3) the name of the selected candidate and his/her place of residence within the meaning of the provisions of the Civil Code.

Article 32. [ Secrets obtained during the selection of information about candidates] Member of the committee referred to in art. 30 par. Article 2 (2) (5), has the obligation of secrecy, obtained at the time of recruitment, of information on the candidates.

Article 33. [ Replanting the Same Position] If, within three months of the date of establishment of the employment relationship with a person appointed by recruitment, the same job must be re-filled, the Director-General of the Office may hire another person in the same position as the one in which he or she is appointed. the candidates referred to in Article 29a par. 1. Article Recipe 29a par. 2 shall apply mutatis mutandis.

Article 34. [ A person fired from a professional military service] 1. A person fired from a professional military service, acting on a duty station in the Ministry of National Defence or a field administration of the government administration subordinate to the Minister of National Defence, as a result of termination of the professional relationship military service, may be employed in this business unit in a job created in place of a liquidated official position or equivalent position.

2. The employment referred to in paragraph 2. 1, shall take place on the basis of a contract of fixation for an indefinite or indefinite period of time, concluded on the day following the end of the period of notice of the professional service of the military service.

Article 35. [ Establishment of employment relationship] 1. The application of the work of a civil servant shall be established on the basis of a contract of employment for an indefinite period or for a fixed period of time.

2. An employment contract for an indefinite period may be concluded with a person who received a positive assessment referred to in art. 37, either she was employed in the civil service on the basis of a contract for an indefinite period or on the basis of appointment in accordance with the rules laid down in the Act of 16 September 1982. about employees of government offices (Dz. U. of 2013 r. items 269, of 2014 items 1199 and 2015 items 1220), as well as a person employed in the civil service on the basis of art. 34 par. 1.

3. In the case of first-time persons working in the civil service, the contract of employment shall be concluded for a fixed period of 12 months.

4. In the case of justified absence at work, lasting more than 3 months, the Director General of the Office, at the request of the employee, may extend the duration of the contract referred to in paragraph. 3, about the time of this absence.

(5) A person who is not previously employed in the civil service for an indefinite period of time or has not been employed for a period of 12 months and has not received a positive assessment, shall be understood by a person making his first work in the civil service for the first time, or Article 2 37, or is not a person employed in the civil service on the basis of art. 34 par. 1.

6. The Director-General of the Office shall decide on the conclusion with the employee of the contract of fixation for an indefinite period on the basis of the positive assessment of the employee referred to in art. 37.

7. Reemployment of a person who has previously received appointment in the civil service shall be made on the basis of the appointment, subject to the previous degree of official civil servant, subject to art. 70 pt. 1, art. 71 (1) 1 (1) and (3) and (3) 7 and art. 114 par. 1 point 6.

Article 36. [ Preparatory service] 1. Persons taking for the first time a work in the civil service shall be held in the preparatory service, subject to the paragraph. 6, 6a and 7.

2. The preparatory service shall have the theoretical and practical preparation of an employee undertaking for the first time a work in the civil service for the proper performance of official duties.

3. By directing the employee to the holding of the preparatory service, the Director General of the Office determines its scope and duration based on the opinion of the person directing the organizational cell in which the employee is employed. The opinion shall cover the level of preparation of the staff member to perform the duties resulting from the description of his job.

4. The preparatory service shall last no longer than 4 months and shall end no later than 8 months after the employee has taken up the work.

5. The preparatory service shall end with an examination. The scope, conduct and conditions for passing the examination shall be determined by the Director General of the Office.

6. Graduates from the National School of Public Administration are exempt from the preparation of the preparatory service.

6a. A person employed on a higher position in the civil service shall not be headed for the preparatory service.

7. At the motivated request of the person directing the organizational cell in which the employee is employed, the director general of the office may release from the obligation to hold a preparatory service of an employee whose knowledge or skills enable due process the performance of official duties.

8. Exemption from the obligation to hold a preparatory service referred to in paragraph 7, does not exclude the use of the paragraph. 5.

Article 37. [ First assessment in the civil service] 1. The person employed on the basis of the contract of employment referred to in art. 35 par. 3, shall be subject to a first assessment in the civil service.

2. First assessment in the civil service, under the rules laid down in Art. 38, may be subject to a person employed for the replacement of an absent member of the civil service corps.

3. The first assessment in the civil service shall not be subject to a graduate of the National School of Public Administration, who applied for the appointment in the civil service.

Article 38. [ Making a first assessment in the civil service] 1. The first assessment in the civil service shall be made no earlier than after 8 months after the establishment of the employment relationship and no later than one month before the expiry of the period for which the contract of employment assessed.

2. The direct supervisor assessed in consultation with the directing business cell in which the employee is employed shall make the first assessment in the civil service, taking into account:

1) the employee's attitude, his involvement and progress in the work, the relationship with the co-workers and the timeliness of the performance of the tasks;

2) the result of the examination of the preparatory service;

(3) a report drawn up by the staff member concerned on the tasks he has carried out during the period during which he has been overworked.

3. After the assessment of the head of the organizational cell, he shall request the Director-General of the office in the case of:

(1) the award of a positive assessment to the conclusion of a contract with an assessment of fixed-term work, or

(2) the award of a negative assessment, not to conclude a fixed-term contract with an appraisal contract or to terminate a fixed-term employment contract.

4. The President of the Council of Ministers shall determine, by means of the regulation, the detailed conditions and manner of making the first assessment in the civil service, including:

1) the manner and mode of making the first assessment in the civil service,

2) the model of the first evaluation sheet in the civil service,

3) the scope and model form of the report form on the tasks carried out by the rated worker during the period of the period of time worked,

(4) conditions for granting a positive or negative assessment

-guided by the need to create a professional civil service corps and to ensure the objectivity of the evaluations.

Article 39. [ Graduates Of National School Of Public Administration] The President of the Council of Ministers, in accordance with the separate regulations, shall indicate to the graduates of the subsequent anniversary of the National School of Public Administration the first positions of work presented by the Head of Civil Service.

Article 40. [ Acquisition of a civil service appointment] A person may be eligible for appointment in the civil service, who:

1) is an employee of the civil service;

2) has at least three years of service in the civil service or obtained the consent of the Director General of the office to accede to the qualification proceedings before the expiry of that term, however not earlier than after two years after the establishment of the a civil service relationship;

3) holds the professional title of master or equivalent;

4) know at least one foreign language from among the working languages of the European Union or one of the following foreign languages: Arabic, Belarusian, Chinese, Icelandic, Japanese, Norwegian, Russian, Ukrainian;

5) is a reserve soldier or is not subject to the general obligation of defence.

Article 41. [ Eligibility of applicants for nomination workers] 1. The Head of the Civil Service shall determine and publish in the Chancellery Bulletin a model of notification to the qualification proceedings for civil servants applying for the appointment and model application for the appointment of the graduates of the National School Public Administration.

2. The Head of the Civil Service shall, within 14 days of the publication of the Budget Act, make public by the announcement in the Chancellery Bulletin the maximum number of new appointments in a given year.

Article 42. [ Notification to the qualification proceedings] 1. The civil servant shall refer to the Head of the Civil Service a declaration to the proceedings of the qualification. The notification to the qualification proceedings in a given calendar year shall be submitted for the period from 1 January to 31 May.

2. Graduates of the National School of Public Administration, who meet the conditions laid down in art. 40 points 1 and 4, they shall submit an application for civil service appointment to the Head of the Civil Service. Applications for appointments shall be submitted from 1 January to 31 May.

3. The Director General of the competent office shall confirm the compliance by the civil servant of the filing service or the application referred to in art. 41 par. 1, the conditions laid down in the Article 4 points 1-3 and art. 40.

Article 43. [ Conduct of qualifying proceedings] 1. National School of Public Administration, subject to art. 42 par. 2, conduct a qualification procedure for civil servants applying for the appointment.

2. A verification team shall be appointed for the purpose of carrying out the qualification procedure.

3. In the course of qualifying proceedings, a test shall be carried out, during which the knowledge and skills necessary for the fulfilment of the tasks of the civil service shall be verified in separate parts.

4. The results of the qualification proceedings shall be expressed in points.

5. Points shall be allocated separately for each part of the check.

6. The condition of completion of the test with positive result is to obtain at least 1/3 of the maximum possible to obtain in that part of the number of points and to obtain at least 3/5 of the maximum possible to achieve the check obtain the number of points in the whole check.

7. The summed up results referred to in paragraph. 6, they shall be ranked in descending order and shall be published in the Bulletin of the Chancellery.

Article 44. [ Supervision of the conduct of the qualification procedure] 1. The Head of the Civil Service shall exercise supervision over the legal proceedings of the qualification proceedings.

2. In the event of a finding of irregularities in the course of the qualifying proceedings, the Head of Civil Service orders the removal of the violation of the law

Article 45. [ Fee for accession to the qualifying proceedings] 1. The person joining the qualifying proceedings shall pay a fee of not more than 50% of the minimum wage for the work provided by the provisions on the minimum wage for the work.

2. The fee referred to in paragraph. 1, is the revenue of the National School of Public Administration.

Article 46. [ Diploma of completion of the National School of Public Administration] Having a graduate of the National School of Public Administration of knowledge, skills and managerial predisposition necessary for the fulfilment of the tasks of the civil service is checked in the course of education at this school and confirmed by a diploma of her complete.

Article 47. [ Way of conducting the qualification procedure] The President of the Council of Ministers shall determine, by means of a regulation, the manner in which the civil service qualification procedure is carried out, establishing:

1) the scope of the thematic proceedings,

2) the organization and the way of conducting the qualification proceedings and the detailed rules for awarding the points referred to in art. 43 par. 5,

3) the minimum number of points referred to in art. 43 par. 6,

4) the types of documents proving compliance with the condition set out in Art. 40 point 4,

5) the amount and method of payment of the fee referred to in art. 45

-taking into account the need to verify the knowledge and skills required of an official of a civil service in the selection proceedings.

Article 48. [ Appointment of a civil servant] 1. The measures shall be carried out within the limit referred to in Article 3. 7 ust. 1.

2. The Head of the Civil Service shall make on behalf of the Republic of Poland the appointment of a civil servant who has completed in a given year the qualification proceedings with the positive result and with the place of entitlement to appoint or graduated from the National School Public Administration.

3. The attainment of the place of entitlement to the appointment means obtaining in the qualifying proceedings a positive result with the sum of the points allowing the appointment of all persons who obtained this sum of points without the need to exceed the limit, o This is a matter of the 7 ust. 1. The determination of the place of entitlement to the appointment shall take place after taking into account the number of nominations of graduates of the National School of Public Administration.

4. On the date of appointment, the existing employment relationship shall be transformed into a working relationship on the basis of the appointment.

Article 49. [ Act of appointment] 1. The act of appointment of a civil servant shall include the name of the official and the date of appointment.

2. The act of appointment shall be drawn up in writing.

Article 50. [ Wedding] 1. The civil servant shall make a solemn vow of the following contents:

"I vow to serve the Polish State, to uphold the Constitution of the Republic of Poland, conscientiously and impartially perform the duties of a civil servant in accordance with the best knowledge and will".

2. To the content of the oath referred to in the mouth. 1, a civil servant can add the words "So help me God".

3. The application of the civil servant's pledge shall be confirmed by the signature.

Article 51. [ Conferral of official degree] 1. The Director-General of the Office shall grant to the civil servant, within seven days from the day of appointment, the lowest grade of the official service available from the day of appointment.

2. The award shall be made in writing.

3. (repealed)

Chapter 4

Senior civil service posts

Article 52. [ Higher positions in the civil service] The higher positions in the civil service are:

1. the Director-General of the Office;

2) the head of the department or an equivalent cell in the Chancellery of the Prime Minister, the office of the Minister, the office serving the Chairman of the Committee of the Ministers, the office of the Central Government of the Government and the head of the department or equivalent cell in the voivodship office, and the deputies of those persons;

3) the voivodship veterinarian and its deputy;

3a) [ 4] the district veterinarian and his deputy;

4) directing the organizational cell at the Forest Seed Office, as well as the deputy of this person.

Article 53. [ Qualifying Requirements for Higher Position] A higher position in the civil service may occupant a person who:

1) holds a master's professional title or equivalent;

2) has not been convicted by a final judgment on the prohibition of the occupying of managerial positions in the offices of public authorities or for the performance of functions relating to the possession of public funds;

3) has managerial competence;

4) (repealed)

5) (repealed)

6) meets the requirements specified in the description of the workplace and in the separate regulations.

Article 53a. [ Appointment and disappointment of persons who hold higher positions in the civil service] 1. Persons for the posts referred to in art. 52 point 1, he appoints and refers to the competent minister, the head of the Central Office, the Head of the Chancellery of the Prime Minister or the voyewater.

2. Persons for the posts referred to in art. 52 point 2, refers and refers the Director General of the Office.

3. Persons for the posts referred to in art. In accordance with Article 52 (3), the Chief Veterinary Officer, in consultation with the competent authority, shall establish and refer to the Chief Veterinary Officer.

3a. [ 5] Persons for the posts referred to in Article 52 point 3a, he appoints and refers to the voivodship veterinarian.

4. Persons for the posts referred to in art. 52 point 4, refers and refers the Director of the Forestry Seed Bureau.

5. Appointment to the posts referred to in paragraph. 1-4, it is equivalent to establishing a working relationship on the basis of appointment, within the meaning of the provisions of the Act of 26 June 1974. -Labour Code (Dz. U. of 2014 items 1502, with late. zm.).

6. The civil servant and the civil servant set up for the post referred to in art. 52 points 2 to 4, the Director-General of the office in which he is employed shall grant unpaid leave for the duration of the appointment.

7. A civil servant and a civil servant appointed for the post referred to in Article 4. In accordance with Article 52 (1), the office in which it is hitherto hiring, free of charge, shall be granted by the manager of that office.

8. The Director-General appointed for the position referred to in Art. 52 points 1-4 of the free leave shall be granted by the manager of the office in which he/she is employed.

9. After the end of the unpaid leave, the Director-General of the Office shall appoint a civil servant and the civil servant to work in accordance with his/her qualifications and professional skills.

Article 54. (repealed)

Article 55. (repealed)

Article 56. (repealed)

Article 57. (repealed)

Article 58. (repealed)

Article 59. (repealed)

Article 60. (repealed)

Article 61. (repealed)

Chapter 5

Altering and cessation of civil service employment

Article 62. [ Move of civil servant to other position] 1. If it is justified by the needs of the office, the Director-General of the Office may at any time transfer a civil servant to another position in the same office in the same or another locality, taking into account his professional preparation.

1a. The transfer of a civil servant to another position in the same office to another place shall not be carried out without the consent of the civil servant, pregnant women or persons who are the sole guardian of the child under 15 years of age. Such a transfer may not be carried out as well, where, in the absence of a particularly important personal or family relationship, such a transfer is preclude.

1b. A civil servant transferred to another post in the same office to another place shall be entitled to the benefits referred to in Article 3 (1). 95 (1) 2 and 3, subject to the conditions laid down therein.

1c. The transfer of a civil servant to another position in the same office to another village which is far from the official position of the official without his/her written consent may be made no more than once every two years.

1d. Costs of benefits associated with transfers of civil servants transferred in the same office to another village referred to in the paragraph. 1b shall be financed from the resources at the disposal of the Director General of the Office.

2. The official referred to in paragraph shall be referred to in paragraph 2. 1, retains the right to the current remuneration, if it is higher than that of the new position, for a period of three months following the month in which he was transferred to the new post. The amount of the civil service allowance shall remain unchanged.

Article 63. [ The transfer of an official to another office] 1. If there is an overriding interest in the civil service, the Head of the Civil Service may transfer the civil servant to another office in the same locality.

2. The Head of the Civil Service, if he speaks for this particular interest of the civil service, may transfer the civil servant to another office in another locality for a period no longer than 2 years. Such transfer may take place at most twice as long as the civil servant's employment relationship is in progress.

3. The transfer referred to in paragraph 1 shall not be permitted. 2, without the consent of the civil servant-pregnant women or the person who is the only child keeper of the age of fifteen. Nor can such a transfer be carried out in cases where there are particularly important personal or family reasons for the official.

Article 64. [ The transfer of an official to another office at his/her request or with his consent] 1. The transfer of a civil servant and a civil servant to another office, also in another locality, at his or her request or with his consent, may take place at any time.

2. The revels referred to in paragraph. 1, the Director General of the Office, in which the civil servant and the civil servant are to be recruited, in agreement with the Director General of the Office, in which he is hitherto employed.

Article 65. [ The transfer of civil servant and civil servant outside the civil service body] The transfer of a civil servant and civil servant outside the civil service body shall be based on separate provisions.

Article 66. [ Liquidation or reorganisation of office] In the event of the liquidation of the office in which the civil servant performs the work or reorganisation of that office in such a way as to prevent further employment of the civil servant, the Head of the Civil Service shall transfer him to another office in the same or another State. the localities and instructs the Director-General of that office to appoint a civil servant to take account of his/her professional preparation.

Article 67. [ Appeal to the President of the Council of Ministers] 1. From the decision referred to in art. 63 and 66 civil servant shall have recourse to the President of the Council of Ministers within 14 days from the date of service of the decision.

2. The appeal shall not suspend the execution of the decision.

Article 68. [ Suspension of the employment relationship as a result of temporary arrest] 1. The application of the work of civil servants and the civil servant temporarily arrested shall be suspended from the power of suspension. During the period of suspension, the civil servant and the civil servant shall receive half of the salary of the civil servant until the day of the temporary arrest.

2. In the event of a waiver of criminal proceedings or of the judgment of the acquittal of the civil servant and the civil servant, the remainder of the monthly remuneration should be paid; this does not apply to the conditional redemption of the proceedings penalty.

3. The period of suspension of the employment relationship as a result of temporary arrest shall be included in the period of employment, from which the civil servant and civil servant's rights depend.

Article 69. [ Suspension as a result of the opening of disciplinary or criminal proceedings] 1. The Director-General of the Office may suspend a civil servant and a civil servant in the performance of his duties if disciplinary or criminal proceedings have been brought against him.

2. The period of suspension referred to in paragraph 2. 1, shall be pending until disciplinary or criminal proceedings have been completed, but not more than three months.

3. During the period of suspension referred to in paragraph. 1, a civil servant and a civil servant shall retain the right to remuneration and other entitlements and benefits in the civil service.

4. The period of suspension shall be included in the period of employment for which the rights of the civil servant and of the civil servant are dependent.

Article 70. [ Termination of employment relationship] The employment relationship of the civil servant shall cease in the event of:

1) refusal to make a vow;

2) loss of the nationality of a State belonging to the European Union or another State whose nationals under international agreements or provisions of Community law have the right to take up employment in the territory of the Republic of Poland;

3) the final judgment of the disciplinary penalty of the expulsion from the civil service;

4) the final conviction for a deliberate offense or a deliberate treasury offence;

5) a final decision of the loss of public rights or a ban on the exercise of the profession of civil servant;

6) the lapse of three months of absence at work due to temporary arrest;

7) refusal to implement the decision on the transfer referred to in art. 62 and 63, or failure to work in the office to which the official has been transferred in art mode. 66.

Article 71. [ Termination of employment] 1. The termination of the employment relationship with the civil servant shall take place, subject to three months ' notice, in the event of:

1) a two-fold, following, negative assessment referred to in art. 81 (1) 1;

2) a doctor's statement of the Social Insurance Institution's adjudication of permanent incapacity to work preventing the performance of the duties of a civil servant; in order to examine the health of the official, this may be referred to the Insurance Institution Social ex officii or at his/her request;

3) loss of unrepute opinion;

4) the liquidation of the office, if it is not possible to transfer, as referred to in art. 66.

2. The termination of the employment relationship with the civil servant may take place, subject to three months ' notice, in the event of:

1) (repealed)

2) refusal to undergo examination by a medical examiner of the Social Insurance Institution.

3. A termination of the employment relationship with a civil servant without notice may occur in the event of his absence at work due to illness lasting more than a year.

4. In the event of incapacity for work due to the illness referred to in paragraph. 3, the civil servant 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.

5. Solution of the employment relationship with the civil servant for the reasons set out in the mouth. 1-3 shall be without prejudice to the provisions relating to the special protection of workers in the area of termination and termination of employment.

6. A termination of the employment relationship with the civil servant may also be made by agreement of the parties or by a three-month notice following the resignation of a civil servant.

7. The termination of the employment relationship with the civil servant without termination of the official's fault may occur in the event of:

1) a serious violation by the official of the essential duties of a member of the civil service corps, if the official's fault is obvious;

2) committing by the official during the duration of the employment relationship, which prevents further employment, if the offence is obvious or has been found to be a final sentence;

(3) an official of the loss of powers necessary for the performance of his/her job in the post where it is not possible to appoint an official of a position which takes account of his professional preparation.

8. The termination of the employment relationship with the civil servant without termination of the fault of the official shall not occur after the expiry of the month from the date of obtaining the message of the circumstances justifying termination of the employment relationship.

Article 72. [ Notice period] During the period of termination, the civil servant and the civil servant may be relieved of his duties, in accordance with the right to remuneration.

Article 73. [ Cash benefit in the event of termination of employment] 1. In the event of termination of the employment relationship with the civil servant for the reasons set out in Art. 71 (1) In the period between the termination of employment in the liquidated office and the taking up of a job or an economic activity, the official is entitled to a cash benefit from the State budget, for a period of not more than 6 months, calculated as cash equivalents for holiday leave. This benefit shall not be granted to an official who has acquired the right to a pension.

2. In the case of a period referred to in paragraph 1. 1, a former civil servant shall collect sickness or maternity benefit, and the amount of the cash benefit shall be reduced to a corresponding reduction.

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 employment rights and the periods of employment within the meaning of the provisions on pensions and pensions from the Social Insurance Fund, under the conditions under which the period is counted. the collection of unemployment benefits, as defined in the employment promotion and labour market institutions. On the basis of the cash benefit, the office shall pay the social security contribution under the conditions laid down for the remuneration paid during the course of the employment relationship.

Article 74. [ Solution or termination of employment relationship] The Director-General of the Office shall terminate the employment relationship or determine the termination of the employment relationship between a civil servant and a civil servant.

Article 75. [ Personal Record] In the event of the transfer of a civil servant and of a civil servant to another office, his/her personal file, together with other documentation on matters relating to the relationship of work, shall be forwarded to the office where the civil servant and the civil servant are concerned. the civil servant is to be employed.

Chapter 6

Duties of a member of the civil service body

Article 76. [ Obligations of a member of the civil service body] 1. A member of the civil service corps shall be obliged in particular:

1) comply with the Constitution of the Republic of Poland and other provisions of law;

2) protect the interests of the state and the human and citizen's rights;

(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 of the laws of the protected;

6) develop professional knowledge;

7) deem to be in service and outside of service.

2. The Director-General of the Office shall be obliged to provide the member of the civil service corps with the appropriate conditions for the performance of duties specified in the Act.

Article 77. [ Work Orders for Superiors] 1. A member of the civil service corps shall be obliged to carry out official orders of the supervisors.

2. If a member of the civil service corps is satisfied that the order is unlawful or contains a significant mistake, it shall be obliged to inform the superior in writing. If a written confirmation of the request is made, it shall be carried out.

3. A member of the civil service corps shall not execute the order, if it would lead to the commission of a criminal offence or misconduct, as soon as it informs the General Director of the office.

Article 78. [ Forcages concerning members of the civil service] 1. A member of the civil service body in the performance of official duties shall not be the responsibility of the individual or group interest.

2. The member of the civil service body shall not publicly manifest any political views.

3. The member of the civil service body shall not be allowed to participate in the strike or protest action which distorts the normal functioning of the office.

4. A member of the civil service corps shall not combine employment in the civil service with the mandate of the councillor.

5. The civil servant shall not have the right to create political parties or participate in them.

6. A member of the civil service corps occupying a higher position in the civil service shall not serve as a function in the trade unions.

7. Paragraph Recipe 5 shall apply to a person occupying a higher position in the civil service.

Article 79. [ Business dependence] There shall be no official relationship between the spouses and the persons with each other in relation to the second degree, or the affinity of the first degree, and of the adoption, care or guardianship of the latter.

Article 80. [ Taking additional employment] 1. A member of the civil service corps shall not take additional employment without the written consent of the Director-General of the Office or perform activities or classes contrary to the obligations arising out of the Act or undermining trust in the service .

2. A civil servant shall not be allowed to undertake gainful activities without the written consent of the Director-General of the Office.

3. Paragraph Recipe 2 shall apply to persons occupying higher positions in the civil service.

4. The Director General of the Civil Service shall give the Head of the Civil Service to the Director-General of the Office for the consent to take a commercial The Director General of the Office, requesting the Head of the Civil Service for consent, attaching the written opinion of the Head of the Office.

Article 81. [ Periodic Evaluation] 1. A civil servant and a civil servant employed on the basis of a contract of indefinite duration shall be subject to an interim evaluation by a direct supervisor.

2. (repealed)

3. The interim evaluation shall concern the performance of the duties resulting from the description of the work position occupied. The interim evaluation shall be made in writing and shall immediately examine the evaluation thereof.

4. The periodic price shall be made every 24 months.

5. The interim evaluation shall contain proposals for an individual programme of professional development.

(6) The interim evaluation shall be drawn up in the event of a change in the position of the work entailing a significant change in the scope of the duties, if more than six months have elapsed since the last interim evaluation was drawn up. In the case of persons assessed for the first time, the assessment shall be made if the period to be assessed is longer than 6 months.

7. In the case of justified absence, assessed at work, lasting more than one month, the term referred to in paragraph. 4, shall be extended by the time of this absence.

8. The evaluator may change the time limit for the assessment referred to in paragraph. 4, in the case of:

1) changes in the assessment position during the period during which the assessment is assessed,

2) a prospective, longer, justified absence in the assessment work, which may prevent an assessment,

3) a prospective, longer, justified absence in the evaluation work, which may hinder the carrying out of the assessment,

4) the submission of an assessment request for the assessment of the deadline for the assessment

-if more than 6 months have elapsed between the date of the last interim evaluation and, in the case of persons assessed for the first time, if the period to be assessed is longer than 6 months.

(9) In the event of a negative interim evaluation, the evaluation shall be reassessed six months after the date of the assessment.

Article 82. [ Delegation] The President of the Council of Ministers shall determine, by means of a regulation, the conditions and the manner in which periodic evaluations are carried out, including the criteria, the design of the sheet, the scale of the evaluations and the procedure drawn up by the direct supervisor of the interim evaluation, with the need for permanent improving the quality of the performance of the duties of the evaluated and ensuring the objectivity of the periodic evaluations.

Article 83. [ Objection from interim evaluation] 1. From the interim evaluation serves, within 7 days from the day of familiariying with the assessment, the opposition to the Director General of the Office.

2. (repealed)

3. Opposition shall be considered within 14 days from the day of the transfer.

(4) If the opposition is taken into account, the interim evaluation shall be amended or drawn up for the second time. The interim evaluation drawn up for the second time shall be subject to opposition under the conditions laid down in the paragraph. 1 and 3.

(5) In the event of disregard of opposition within the time limit or disregard of the opposition from the interim evaluation, the assessment may, within 14 days from the date of notification of the decision, or from the date of expiry of the period referred to in paragraph 1, be taken into account. 3, appeal to the labour court.

Article 84. [ Description and Evaluation of Work Items] 1. The posts of work in the corps of civil service shall be subject to the description and evaluation.

2. The President of the Council of Ministers shall determine, by means of ordinance, the rules for the description and evaluation of work positions.

Chapter 7

Powers of the civil service corps

Article 85. [ Remuneration] 1. The salary of a civil servant shall be made up of the basic salary provided for the job occupant and the allowance for the long-term work in the civil service.

2. The salary of a civil servant shall be made up of the basic salary provided for the job occupant, the appendix for the long-term work in the civil service and the allowance for the civil service for the degree of official duty.

3. The salary of a person occupying a higher position in the civil service shall consist of the basic salary provided for the job function, the function allowance and the addition for the long-term work in the civil service.

Article 86. [ Degrees of service] 1. Nine degrees of civil servants shall be established.

2. The official rates shall be assigned the rates of the civil service allowance in respect of the degree of official duty.

Article 87. [ Essential remuneration, degree allowance and functional allowance] 1. The basic salary provided for the job occupant, the civil service allowance for the professional degree and the functional allowance shall be determined by applying multiplication of the base amount, the amount determined according to the separate rules shall be laid down in the Budget Act

2. (repealed)

3. (repealed)

Article 88. [ Task Addition] A member of the civil service corps may receive a task supplement for carrying out the additional tasks entrusted to him by the employer for the duration of these tasks, from the funds earmarked for remuneration.

Article 89. [ Maintenance of next business degree] 1. A civil servant may receive a further degree of service after obtaining a positive assessment referred to in art. 81, if it contains a reasoned request by a direct supervisor for the award of a civil servant to the next level of service.

2. A civil servant who has obtained two consecutive positive interim evaluations at one of the two highest levels provided for on a rating scale from the receipt of the last official grade shall receive a further degree of service at the end of the year. 30 days from the date of familiarize the civil servant with the interim evaluation.

Article 90. [ Appendix for multi-annual work] 1. The member of the civil service body shall be entitled to a multiannual civil service allowance equal to five years of work of 5% of the monthly basic salary. This supplement is increased by 1% for each further year of work until 20% of the monthly basic salary is reached.

2. The periods of work entitling them to the allowance for long-term work in the civil service shall include all previous completed periods of employment and other proven periods, if, by virtue of separate provisions, they are included in the working period, on which the labor authority is dependent.

3. The periods of work referred to in paragraph. 2, not including periods of employment within the Communist Party (Polish Workers 'Party and the Polish United Workers' Party), as well as in the state security bodies within the meaning of art. 2 of the Act of 18 October 2006. to disclose information about the documents of the State Security Authorities from the years 1944-1990 and the content of these documents (Dz. U. of 2013 r. items 1388 and 2016 items 178 and 749).

Article 91. [ Jubilee Award] 1. For many years of work, a member of the civil corps shall receive a jubilee prize 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 periods of work referred to in paragraph. 1, all previous completed periods of employment and other evidenced periods shall be included if, by virtue of separate provisions, they are included in the working period on which the employment rights depend.

3. The periods of work referred to in paragraph. 2, not including periods of employment within the Communist Party (Polish Workers 'Party and the Polish United Workers' Party), as well as in the state security bodies within the meaning of art. 2 of the Act of 18 October 2006. to disclose information about the documents of the State Security Authorities from the years 1944-1990 and the content of these documents.

Article 92. [ Additional annual remuneration] Members of the civil service corps shall be entitled to an additional annual remuneration in accordance with the rules laid down in separate

Article 93. [ Prize Fund] 1. The members of the civil service corps for particular achievements in professional work may be awarded a prize from the specially created prize fund in the civil service.

2. The prize fund referred to in paragraph. 1, at the level of 3% of planned personal remuneration remains at the disposal of the Directors-General of the offices and may be increased by them as part of the funds available for remuneration.

Article 94. [ Nonce briet] 1. A member of the civil service body whose employment relationship has ceased in connection with the transition to a disability pension, or a pension, shall be entitled to a one-off payment of three months ' remuneration and, if the member of the service body is concerned, At least 20 years in the civil service, a one-off exercise shall be entitled to a six-month salary.

2. To the period of work referred to in paragraph. 1, all previous completed periods of employment and other evidenced periods shall be included if, by virtue of separate provisions, they are included in the working period on which the employment rights depend.

3. The periods of work referred to in paragraph. 2, not including periods of employment within the Communist Party (Polish Workers 'Party and the Polish United Workers' Party), as well as in the state security bodies within the meaning of art. 2 of the Act of 18 October 2006. to disclose information about the documents of the State Security Authorities from the years 1944-1990 and the content of these documents.

4. The right referred to in paragraph 1. 1, shall be calculated as the cash equivalent for holiday leave.

Article 95. [ Privileges of the business delegation or transfer] 1. The civil service body of a service delegation to classes outside the seat of the office in which he performs his work shall be entitled under the rules laid down by the provisions on the rules for determining and the amount of the claims to be paid to the employees. on a business trip, issued on the basis of the Labour Code.

2. A civil servant transferred to another office in another village on the basis of art. 63 par. 2 shall have an apartment made available by the office to which the civil servant has been transferred, or a monthly allowance to cover the cost of the rental of the dwelling, paid during the transfer period, if:

1. the civil servant or his/her spouse does not have an apartment or a residential building in the locality to which the transfer occurs;

2. the transfer shall take place in a village which is far removed from the official residence of the official.

3. A civil servant transferred to another office in another locality shall also be entitled:

1) a one-off transfer in the amount of three months ' remuneration;

2) reimbursement of the costs of the transit of the official and members of his family, associated with the transfer, as well as the reimbursement of the costs of carriage of property;

3) leave on transfer in a total dimension of 4 days.

4. The benefits referred to in paragraph. 2 and 3, shall be covered by the provisions of the budget reserve for the operation of the civil service.

5. The President of the Council of Ministers shall determine by way of regulation:

1. the distance between the place of residence of the civil servant and the locality to which it is transferred, the conditioning of the dwelling or the reimbursement of the cost of the rental of the dwelling, fixed taking into account the possibilities Communication with regard to commuting to work;

(2) the area of the apartment made available to the civil servant or the method of determining the maximum amount of reimbursement of the costs of the rental of the dwelling, taking into account the situation of the civil servant family and having regard to the average number of persons concerned. the price of the rental of apartments in the locality to which the transfer takes place and the requirement of rational management of budgetary resources;

3) the maximum amount of reimbursement of the costs of passing and carrying of property, associated with the transfer, and the method of determining the amount of the benefits referred to in paragraph. 3 (1) and (2), taking into account the need to compensate for the costs associated with the transfer to another locality;

(4) the mode of award and payment of the benefits referred to in paragraph 1. 2 and 3.

Article 96. [ Closure of criminal proceedings or judgment of acquittal] 1. In the event of an expiry of the employment relationship of a civil servant due to the temporary arrest, the Director-General of the office in which he has pursued his work shall be obliged to recruit him, having regard to his/her professional preparation, if the criminal proceedings have been remitted or where the acquittal has been passed and the official has notified his return to work within seven days of the decision being legitimised.

2. The provision of the paragraph. 1 shall not apply if the criminal proceedings have been waived by way of statute of limitations or amnesty, and in the event of conditional redemption of the proceedings.

3. In the event of refusal of reemployment in the civil service, there is a cancellation of the labour court.

Article 97. [ Working Time] 1. The working time of members of the civil service corps shall not exceed eight hours a day and an average of 40 hours per week in the accepted accounting period of not more than eight weeks.

2. In cases justified by the type of work and its organization, the working time schedules may be used, in which an extension of the working time up to 12 hours a day is allowed. However, the timetables for those working hours shall not exceed, on average, 40 hours per week in the reference period of not more than 12 weeks.

3. The distribution of working time in a week and its dimension in the individual days of the week shall be determined by the Director General of the Office according to the rules laid down by the President of the Council of Ministers by means of the regulation. Days of the week that are not days of work in office are not included in the holiday leave.

4. By issuing the regulation referred to in paragraph 1. 3, the President of the Council of Ministers should take into account the need to ensure the efficient work of the office, including the handling of the interests and the diversified nature of the tasks performed by members of the civil service corps.

5. If need of this need of office, a member of the civil corps at the command of the supervisor shall perform overtime work, including in exceptional cases also at night and on Sunday and holidays.

6. An employee of the civil service for the work performed at the command of a supervisor in overtime shall be entitled to a free time in the same dimension.

7. A civil servant for overtime work at night shall be entitled to free time in the same dimension.

8. A civil servant for work on a Sunday shall be entitled to a day off from work in the next week, and for work on the holiday shall be entitled to a different day off.

9. At the request of a member of the civil service corps, the free time referred to in the paragraph. 6 and 7, and the free day referred to in paragraph. 8, may be granted during the period immediately preceding or after the holiday leave.

10. Provisions of the paragraph. 2 and 5 shall not apply to pregnant women and, without their consent, to members of the civil service corps exercising care for persons requiring permanent care or caring for children up to eight years old.

Article 98. [ Pension and disability benefits] 1. The member of the civil service body shall be entitled to the pension and pension benefits under the rules laid down in the provisions on pensions and pensions from the Social Insurance Fund.

2. In the event of termination of the employment relationship with the civil servant due to the liquidation of the office, the worker shall be entitled to a pension if the man is 60 years old and the woman is 55 years old and if he has the required employment period.

3. Paragraph Recipe 2 shall apply to persons born before 1 January 1949.

Article 99. [ Delegation] The President of the Council of Ministers shall determine by way of regulation:

1) the list of office posts, broken down by group of posts,

2) the professional qualifications of the employees required to perform the work in the post offices, to the extent unregulated in the specific provisions,

3) multipliers to determine the basic remuneration of the members of the civil service corps,

4) degrees of service to civil servants and a multiplier of the civil service allowance for each grade of service, 4a) multiplying agents for determining the functional allowance referred to in art. 85 (1) 3,

5) the conditions for granting and paying the allowance referred to in art. 90 par. 1,

6) conditions for determining the right to the jubilee prize and its payment

-guided by the nature of the work carried out by members of the civil service corps and the need to ensure the appropriate level of performance of their tasks.

Article 100. [ The method of taking into account the results of the evaluation of working positions when determining the basic salary] The President of the Council of Ministers may determine, by means of ordinance, the manner in which the results of the evaluation of the work stations are to be taken into account when determining the remuneration of the basic members of the civil service body

Article 101. [ Delegation] The President of the Council of Ministers, having regard to the specific nature of the tasks carried out and the conditions for their implementation, may determine by way of regulation:

1) special entitlements in respect of wages and other benefits to certain categories of members of the civil service body and the rules for granting those benefits and their amount,

2) other supplements to remuneration than provided for in the Act

-if these benefits and allowances were provided for in the provisions in force on the date of entry into force of the Act.

Article 102. [ Increasing the efficiency of tasks performed] In the Regulation referred to in Article 101, the President of the Council of Ministers may specify also other benefits and allowances and the conditions and modus of their awarding, guided by the need to increase the efficiency of the performed tasks by members of the civil service corps.

Article 103. [ Applying the Charter of the Teacher's Charter] The civil servant and the civil servant who is employed as a guardian of the education officer or in a position requiring a pedagogical qualification shall be entitled to the powers laid down in the Article. 9a-9i, art. 51, art. 58, art. 60, art. 86, art. 88 and Art. 90 of the Act of 26 January 1982. -The Teacher's Card (Dz. U. of 2014 items 191, of late. ) 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 law depend.

Article 104. [ Protection provided for public officers] Under separate rules, members of the civil service corps shall enjoy the protection provided for by public officers.

Article 105. [ Additional holiday leave] 1. The civil servant shall have an additional annual leave of 5 years in the civil service every year in the civil service 1 day. This holiday is increased with each year of work by 1 day until it reaches 12 days.

2. The period of employment entitling to the additional holiday leave shall include the period of employment in the public administration.

Chapter 8

Training and development in the civil service

Article 106. [ Training in the civil service] 1. A member of the civil service corps shall participate in the training in the civil service.

2. Training in the civil service shall include:

1) central training-planned, organized and supervised by the Head of the Civil Service;

2) general training-planned, organised and supervised by the Director-General of the Office;

3) training in the individual professional development programme of a member of the civil service corps-planned, organized and supervised by the Director General of the Office in consultation with the employed member of the civil service corps;

4) specialist training-planned, organised and supervised by the Director General of the Office, covering subject matter related to the tasks of the office.

Article 107. [ Central Training Plan] 1. The Head of the Civil Service shall determine annually a plan of central training in the civil service.

2. The central training plan shall include in particular:

1) training priorities for members of the civil service corps;

(2) the types of training which are of particular importance in a given year;

3) other recommendations and information for the people organizing and supervising training in the civil service.

3. In determining the training programmes, the Head of Civil Service shall cooperate in particular with the National School of Public Administration.

Article 108. [ Individual programme of professional development] 1. The direct supervisor shall determine, separately for each member of the civil service body, with the exception of those occupying a higher position in the civil service, an individual vocational development programme constituting the basis for directing a member of the service corps the training civilian, taking into account, in particular, the following:

1) the conclusions of the interim evaluation of a member of the civil service corps;

2) the planned path of promotion of the position and financial member of the civil service corps;

3) plans and possibilities for the professional development of a member of the civil service body;

4) the need and the capacity of the office in terms of employment.

2. The programme referred to in paragraph 2. 1, is accepted by the person directing the organizational cell and approved by the Director General of the Office.

3. The President of the Council of Ministers may determine, by way of ordinance, the detailed way of determining the individual professional development programme of a member of the civil service corps.

Article 109. [ Attendance of trainings] 1. Participation of a member of the civil service corps in training provided for the civil service shall be treated equally with the performance of his official duties.

2. A member of the civil service corps shall not bear the fees for participation in training provided for the civil service.

3. In exceptional cases, the Director-General of the Office may consent to cover by the Office, in whole or in part, the costs of the participation of a member of the civil service corps in trainings and classes other than those provided for civil service.

Article 110. [ Legislative application] 1. The general director of the office may refer a member of the civil service body with legal education to the legislative application. The mutual rights and duties of the office and of a member of the civil service corps related to the referral to the legislative application shall determine the contract concluded between the Director General of the Office and a member of the civil service corps.

2. The legislative application ends with an examination.

3. The President of the Council of Ministers shall determine, by means of regulations, detailed rules and mode of organisation and application, taking into account in particular: the areas of law underlying the development of the legislative application programme, the conditions and the mode of operation admission to the application, including persons other than members of the civil service corps, the amount of fees for participation in the application and the mode of their payment, the obligations of the applicants and their patrons, the detailed rules, conditions and stages of admission to the examination terminating the application and carrying out the application, the composition of the examination board and the design a certificate stating the sentence of the examination.

Article 111. [ Training costs] The costs of training in the civil service shall be covered by:

1) segregated in the budgets of individual offices for the financing of general training, training in the individual programme of professional development of civil servant and specialist training;

(2) a budget reserve for the training of members of the civil service corps for the financing of central training.

Article 112. [ Conditions for organising and conducting trainings] The President of the Council of Ministers shall determine, by means of a regulation, the detailed arrangements for organising and conducting training in the civil service, including in particular:

(1) the criteria to be met by the entities to whom the training is entrusted,

2) the manner and conditions of evaluation of the training provided

-guided by the need to ensure an effective process of training and development in the civil service.

Chapter 9

Disciplinary liability of the civil service corps

Article 113. [ Disciplinary proceedings] 1. A member of the civil service corps shall be liable to disciplinary action for violation of duties of a member of the civil service corps

2. disciplinary proceedings shall not be initiated after the expiry of a period of three months from the date on which the Director General of the Office has taken note of the breach of the duties of a member of the civil service body, or after a period of two years from committing that act.

3. If a member of the civil service corps due to absence at work is not possible to provide explanations, the course of the three-month term shall not start and the commenced shall be suspended until the day of his/her appointment to work.

4. If the act of a member of the civil service corps contains the hallmarks of a criminal offence, the statute of limitations shall take place no earlier than the statute of limitations prescribed by the

5. The penalty of disciplinary rewinding shall cease if four years have elapsed since the time of his committing.

Article 114. [ Disciplinary penalties] 1. The disciplinary sanctions applicable to civil servants shall be:

1. reminder;

2. reprimand;

3) depriving the possibility of promotion for a period of two years to a higher degree of service;

4) reduction of the basic salary, not more than 25%-for a period of not more than six months;

5) a reduction in the degree of service of the civil service;

6) expulsion from the civil service.

2. The disciplinary measures applicable to persons occupying higher positions in the civil service and civil servants shall be:

1. reminder;

2. reprimand;

3) reduction of the basic salary, not more than 25%-for a period of not more than six months;

4) expulsion from work in the office.

3. The final judgment of the sentence mentioned in the paragraph. Article 2 (4) results in the termination of the employment relationship.

4. The final judgment of the penalties mentioned in the paragraph. 1 point 6 and paragraph. 2 point 4 prohibits the application of employment in the civil service body for a period of five years.

Article 115. [ Inflated] 1. A minor breach of the duties of a member of the civil service corps, the general director of the office may punish a member of the civil service body in writing. The punishment may be preceded by a proceeding aimed at clarifying the circumstances of the case.

2. A member of the civil service corps may, within seven days of the appointment of the Civil Service Corps, object to the Director General of the Office.

3. In the event of an objection referred to in paragraph 1. 2, the Director-General of the Office shall immediately refer the matter to the Disciplinary Officer. The referral of the case to the Ombudsman shall be initiated by an investigation

Article 116. [ Disciplinary commissions] 1. disciplinary cases of civil service members shall be recognized by the disciplinary committees:

1) in the first instance-a disciplinary committee;

2) in the second instance-the Higher Disciplinary Committee of the Civil Service, hereinafter referred to as the "Higher Disciplinary Board".

2. The disciplinary matters of the persons occupying the positions of the Directors-General of the Office shall recognize in I and II instance the Higher Disciplinary Committee.

3. disciplinary cases of persons occupying the positions of voivodship veterinarians and their deputies shall consider in the first instance a disciplinary committee operating in the office serving the Chief Veterinary Office.

4. [ 6] Disciplinary cases of persons occupying the district posts of veterinary surgeons and their deputies shall be considered in the first instance of the disciplinary board operating in the office serving the competent provincial veterinarian.

Article 117. [ Appointment of a Disciplinary Board] 1. The disciplinary body of the office shall be appointed by the Director General of the Office from among the members of the civil service corps employed in the office.

2. The Directors-General may, by agreement, set up a joint disciplinary committee for the offices of the offices of the general public.

3. The appointment of a Disciplinary Board shall be notified immediately to the Head of the Civil Service.

4. The disciplinary committee, in the number of at least 10 members, shall be appointed for a period of 4 years.

5. The disciplinary committee shall appoint the chairman of the committee and its 2 alternates from its own.

6. The working mode of the Disciplinary Board shall determine the Rules of Procedure adopted by the Disciplinary Board and approved by the Director General of the Office.

Article 118. [ Higher Disciplinary Commission] 1. The Higher Disciplinary Commission shall be appointed by the President of the Council of Ministers.

2. The Higher Disciplinary Board shall be composed of 15 members appointed by the Prime Minister for a period of 6 years, including 12 members appointed at the request of the Head of the Civil Service from among civil servants and 3 members appointed to the a proposal by the Director General of the foreign service from among the members of the diplomatic and consular staff. Members of the Higher Disciplinary Board shall remain in office until such time as their successors are appointed.

3. A Higher Disciplinary Board shall be appointed by the Chairman of the Higher Disciplinary Committee and of his alternates.

4. The working mode of the Higher Disciplinary Board shall be determined by the rules of procedure adopted by the Commission.

5. The service of the work of the Higher Disciplinary Board shall be provided by the Chancellery of the Prime Minister.

Article 119. [ Execution of tasks in the Disciplinary Board] The performance of tasks in a disciplinary committee by its members shall be treated as equal to the performance of the duties of staff.

Article 120. [ Remuneration of members of disciplinary committees and disciplinary advocates] The President of the Council of Ministers shall determine, by regulation, the remuneration of members of the Higher Disciplinary Board, the Disciplinary Committees and Disciplinary Ombudsmen and their alternates, taking the minimum remuneration provided for in the provisions of the minimum remuneration for the work as a basis for determining the remuneration of the chairman, the deputy chairmen and the other members of those committees and the disciplinary ombudsmen and their alternates.

Article 121. [ Appeals against decisions of the Disciplinary Committees] The Higher Disciplinary Committee shall consider appeals against decisions of the Disciplinary Board.

Article 122. [ Members of the Disciplinary Board] Members of the Disciplinary Board shall be unsettled in the field of disciplinary case law and shall not be bound by the decisions of other authorities applying the law, except in the case of a final judgment of the court.

Article 123. [ Bench bench] 1. The disciplinary committees shall adjudicate in the composition of:

1) in I instance:

(a) three members, where a disciplinary officer has applied for the application of the sentence laid down in the Article. 114 par. 1 (1) to (5) and (5) 2 points 1-3,

(b) five members, including the chairman of the composition holding a legal education, where the disciplinary officer has applied for the application of the sentence laid down in Article 3 (1) of the basic Regulation. 114 par. 1 point 6 and paragraph. 2 point 4;

(2) in the second instance of five members, at least two of whom shall have legal education, where the case for which the sentence referred to in Article is adjudicated is considered. 114 par. 1 point 6 and paragraph. 2 point 4.

2. The chairman of the disciplinary committee shall determine the formation of the adjudicatory and the term of the hearing.

3. In the case of the examination of disciplinary cases referred to in art. 116 (1) 2, the formation of the adjudicatory in II of the instance shall be determined by the members of the committee who have not participated in the identification of the case in and the instance.

Article 124. [ Disciplinary spokesperson] 1. The Disciplinary Board of the Office shall appoint the Director General of the Office from among the members of the civil service corps subordinate to him.

2. The Head of Civil Service, among the members of the civil service body, shall be appointed by the Head of the Civil Service to disciplinary matters for the disciplinary proceedings of the persons responsible for the positions of Directors-General.

3. The Disciplinary Board for Disciplinary Matters for the positions of voivodship veterinarians and their deputies is appointed by the Chief Veterinary Officer, among the members of the civil service corps subordinate to him.

3a. [ 7] A disciplinary spokesman for the disciplinary cases of the persons occupying the county seat of veterinary surgeons and their deputies shall be appointed by the voivodship veterinarian, of the members of the civil service corps subordinate to him.

4. In justified cases, a Deputy Disciplinary Ombudsman may be appointed. The provisions of the paragraph 1-3 and 5 and Art. 125 apply accordingly.

5. In the case of the appointment of a disciplinary board in accordance with the procedure laid down in Article 117 par. 2, the agreement may provide for the appointment of a common disciplinary officer.

Article 125. [ Carrying out tasks by a Disciplinary Officer] 1. A disciplinary spokesperson shall initiate the investigation procedure at the request of the persons referred to in art. 124 (1) 1-3, and informs them of the findings made. The Ombudsman shall inform the person concerned of the initiation of the proceedings.

2. A disciplinary spokesperson shall decide to submit to the disciplinary committee a request for disciplinary action or, with the consent of the persons referred to in Article 4, to be submitted to the disciplinary board. 124 (1) 1-3, about the closure of the investigation procedure.

3. The provisions of Article 3 shall apply to the performance of the tasks by the Disciplinary Officer and his Deputy. 119.

Article 126. [ Course of Disciplinary Proceedings] 1. The disciplinary committee 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. Where a disciplinary officer has lodged an expulsion sentence or a sentence of expulsion from the service of the office and the defender has no choice, the chairman of the formation shall appoint a defender from among the members of the service corps. .

3. The disciplinary committee 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 consideration of other evidence of relevance in the case.

4. The unjustifiable failure of the blamed or his defender shall not withhold the recognition of the case.

5. The settlement is overt. In justified cases, the formation of the hearing may exclude the publicity of the hearing; however, the announcement of the decision shall be public.

6. The decision, together with the reasons for the decision, shall be served on the parties within seven days from the date of the decision.

7. From the decision of the disciplinary committee of the party may appeal, through the disciplinary committee and the instance, to the Higher Disciplinary Board within 14 days from the date of service of the decision. The disciplinary committee and the instance shall transmit the appeal together with the file of the case of the Higher Disciplinary Board within 14 days from the date of receipt of the appeal.

Article 127. [ Proceedings before the Higher Disciplinary Board] (1) In proceedings before the Higher Disciplinary Board, the provisions of the Rules of Procedure shall apply mutatis mutandis. 126 (1) 1-6.

2. From decisions of the Higher Disciplinary Board to the parties and to the Head of the Civil Service shall be entitled to appeal to the Court of Appeal-the court of work and social security applicable due to the place of residence of the blamed. The appeal shall be lodged by means of a Higher Disciplinary Board.

3. 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 128. [ Legal decisions of the Disciplinary Board] 1. A copy of the final decision of the Disciplinary Board on punishment shall be attached to the personal file of a member of the civil service corps.

2. The Director-General of the Office shall exercise the penalties referred to in Article. 114 par. 1 points 3 to 5 and paragraph 1 2 point 3, once the decision has been legidated.

Article 129. [ Destruction of the sentence and destruction of the write-off of the decision] 1. The disciplinary measures referred to in art. 114 par. 1 (1) to (5) and (5) 2 points 1 to 3 are tarnished and a copy of the decision attached to the personal file shall be destroyed after the expiry of a period of three years from the date of service of the final decision on punishment. At the request of a punished, the loss may take place after two years.

2. If, in the period prior to the collapse of the disciplinary penalty, a member of the civil service corps will be punished again with disciplinary action, the term of three years referred to in the paragraph shall be subject to the 1, shall be counted from the date of service of the final judgment on retribution.

3. In the case of the disciplinary penalty laid down in Art. 114 par. 1 point 6 and paragraph. 2 point 4 of the penalty payment and the destruction of the write-off of the decision shall take place three years after the expiry of the period referred to in Article 2 (2) of the Regulation. 114 par. 4.

4. Kara reminder in writing, referred to in art. 115 (1) 1, shall be wiped after one year from the date of entitlement to the day of entitlement.

Article 130. [ Way of conducting the investigation and disciplinary action] The President of the Council of Ministers shall determine, by way of regulation, the conduct of the investigation and disciplinary procedure, including:

1) the conditions of appointment and dismissal of a member of the disciplinary committee, a disciplinary spokesman and his deputy,

2) how to make changes to the composition of the Disciplinary Board,

3) the scope of the activities of the Disciplinary Officer and his alternates, to clarify the case,

4) the organisation and functioning of the Disciplinary Committees and the procedure for conducting disciplinary proceedings,

5. the conditions and method of determining the entitlements of the members of the disciplinary board, to the disciplinary officers and to their deputies, to witnesses, to the defenders and to the experts

-guided by the need for sound and efficient conduct of these proceedings.

Article 131. [ Costs of Defenders and experts] 1. The costs of the defender of choice shall be blamed.

2. The costs of the experts appointed by the Disciplinary Board and the costs of the experts commissioned by it shall be borne by the Office at which the Disciplinary Board shall act.

3. In the case of disciplinary committees set up in accordance with the procedure laid down in Art. 117 par. 2, the costs referred to in paragraph 2. 2, shall be borne by the office where, on the date of the opening of the disciplinary procedure, the person concerned has been engaged, provided that the agreement referred to in Article 4 (1) (a) is not 117 par. 2, it is not otherwise.

Chapter 10

Amendments to the provisions in force

Article 132. (bypassed)

Article 133. (bypassed)

Article 134. (bypassed)

Article 135. (bypassed)

Article 136. (bypassed)

Article 137. (bypassed)

Article 138. (bypassed)

Article 139. (bypassed)

Article 140. (bypassed)

Article 141. (bypassed)

Article 142. (bypassed)

Article 143. (bypassed)

Article 144. (bypassed)

Article 145. (bypassed)

Article 146. (bypassed)

Article 147. (bypassed)

Article 148. (bypassed)

Article 149. (bypassed)

Article 150. (bypassed)

Article 151. (bypassed)

Article 152. (bypassed)

Article 153. (bypassed)

Article 154. (bypassed)

Article 155. (bypassed)

Article 156. (bypassed)

Article 157. (bypassed)

Article 158. (bypassed)

Article 159. (bypassed)

Article 160. (bypassed)

Article 161. (bypassed)

Article 162. (bypassed)

Article 163. (bypassed)

Article 164. (bypassed)

Article 165. (bypassed)

Article 166. (bypassed)

Article 167. (bypassed)

Article 168. (bypassed)

Article 169. (bypassed)

Article 170. (bypassed)

Article 171. (bypassed)

Article 172. (bypassed)

Article 173. (bypassed)

Article 174. (bypassed)

Article 175. (bypassed)

Article 176. (bypassed)

Article 177. (bypassed)

Article 178. (bypassed)

Article 179. (bypassed)

Article 180. (bypassed)

Article 181. (bypassed)

Article 182. (bypassed)

Article 183. (bypassed)

Article 184. (bypassed)

Article 185. (bypassed)

Article 186. (bypassed)

Article 187. (bypassed)

Article 187. (bypassed)

Article 189. (bypassed)

Article 190. (bypassed)

Chapter 11

Transitional and adaptation provisions

Article 191. [ Employees and civil servants] 1. From the date of entry into force of the Act, civil servants, employed under the provisions of the Act repealed in Art. 215, become civil servants within the meaning of this Act.

2. From the date of entry into force of the Act civil servants, appointed on the basis of the provisions of the Act repealed by Art. 215, become civil servants within the meaning of this Act.

Article 192. [ Transitional provisions] 1. To contracts of employment concluded for the time specified with persons who have undertaken for the first time a work in the civil service, lasting on the date of the entry into force of the Act, the provisions of the existing one shall apply.

2. In the event that at the end of the period for which the contract has been concluded remained at least one year, the civil servant may consent to the application of the rules for making the first assessment in the civil service provided for in the Article. 37.

3. Civil service procedures initiated on the basis of existing regulations and not completed by the date of entry into force of the Act shall apply the provisions of the existing ones.

4. To the preparatory service started and not completed by the date of entry into force of the Act, the provisions of the existing one shall apply.

5. periodic evaluations of civil servants not completed prior to the entry into force of the Act shall apply the provisions of the past.

Article 193. [ Transfer of a member of the civil service body] 1. Within 30 days from the date of entry into force of the Act, a member of the civil service corps, who is employed in the same office, in which he takes on the day of the entry into force of the Law a high state position, becoming a higher position in the service under this Act, it shall, with its consent, be transferred to a higher position in the civil service corresponding to the high position of the State concerned.

2. The remission of a member of the civil service corps referred to in paragraph. 1, shall:

1) The Head of the Civil Service under the authority of the Prime Minister-for the position of the Director General of the Office;

2. the Director General of the Office-for the position referred to in Article 52 point 2;

3) Principal Veterinary Officer-for the posts listed in art. 52 point 3;

4) President of the Office for Registration of Medicinal Products, Medical Devices and Biocidal Products-for positions leading the organizational cells in this office and their deputies.

3. On the day before the day of transfer of the member of the civil service corps referred to in paragraph. 1, the employment relationship on the basis of the appointment in the high state office shall expire and the unpaid leave granted for the appointment time for that post shall be terminated.

4. In the event of failure by a member of the civil service body to consent to the transfer referred to in the paragraph. 1, with the expiry of 30 days from the date of entry into force of the Act, the employment relationship on the basis of the appointment in the high state office expires and the unpaid leave granted for the duration of the appointment to the post is terminated. After the end of the unpaid leave, the Director-General of the Office shall appoint a civil service member to a civil service member, at least equivalent in terms of pay to the position occupied before the appointment of a high state position and in accordance with the rules of procedure of the General Court. with his qualifications and professional preparation.

Article 194. [ Transferring and designation of a post] 1. Within 30 days from the date of entry into force of the Act, a member of the civil service corps, who is employed in another office than the office, in which he takes on the day of the entry into force of the Act a high state position, becoming a higher position in the the civil service under this Act shall, with its consent, be transferred to that office and shall appoint a higher position in the civil service corresponding to the high position of the State concerned.

2. The remission and appointment of a member of the civil service corps, referred to in paragraph. 1, shall:

1) The Head of the Civil Service under the authority of the Prime Minister-for the position of the Director General of the Office;

2) the Director General of the Office, in which a member of the Civil Service Corps is to be recruited-for the post mentioned in art. 52 point 2;

3) Principal Veterinary Officer-for the posts listed in art. 52 point 3;

4) President of the Office for the Registration of Medicinal Products, Medical Devices and Biocidal Products-for positions leading to organizational cells in the Office for Registration of Medicinal Products, Medical Devices and Biocidal Products and their alternates.

3. On the day before the day of transfer of the member of the civil service corps referred to in paragraph. 1, the employment relationship on the basis of the appointment in the high state office shall expire and the unpaid leave granted for the appointment time for that post shall be terminated. Article Recipe 75, shall apply mutatis mutandis.

4. In the event of failure by a member of the civil service body to consent to the transfer referred to in the paragraph. 1, with the expiry of 30 days from the date of entry into force of the Act the employment relationship on the basis of the appointment on a high state position shall expire and the unpaid leave granted for the duration of the appointment to the post shall be terminated. After the end of the unpaid leave, the Director-General of the Office shall appoint a civil service member to a civil service member, at least equivalent in terms of pay to the position occupied before the appointment of a high state position and in accordance with the rules of procedure of the General Court. with his qualifications and professional preparation.

Article 195. [ Proposal for employment in the civil service] 1. Within 30 days from the date of entry into force of the Act, a person not a member of the civil service corps, occupying on the day of the entry into force of the Act a high state position, becoming a higher position in the civil service under this law, receives a proposal for employment in the corresponding position of a higher position in the civil service and, if it is not accepted, in another position in the same office, in accordance with its qualifications and professional preparation.

2. The proposition of employment in the civil service of the person referred to in the paragraph. 1, presents:

1) The Head of the Civil Service under the authority of the Prime Minister-the person occupying the position mentioned in Art. 52 point 1;

2. the Director General of the Office, the person holding the position referred to in Article 52 point 2;

3) Principal Veterinary Officer-the person occupying the position mentioned in art. 52 point 3;

4) President of the Office for Registration of Medicinal Products, Medical Devices and Biocidal Products-a person occupying a leading position or a deputy directing an organizational cell in that office.

3. In the event of acceptance of the proposals referred to in paragraph. 1, the employment relationship on the basis of the appointment shall be transformed into the employment relationship on the basis of the contract of employment for an indefinite period, subject to art. 35 par. 7.

4. In the event of failure to accept the proposals referred to in paragraph. 1, the employment relationship on the basis of appointment shall expire within 30 days from the date of entry into force of the Act.

Article 196. [ Nabór na Higher Position] 1. During the period of the year from the date of entry into force of the Act the recruitment within the meaning of art shall be carried out 56 to the positions of Directors-General of the offices referred to in art. 52 point 1, the positions of the departments or the equivalent cells referred to in Article 52 52 point 2, positions of voivodship veterinarians referred to in art. 52 point 3 and positions leading to organisational cells at the Office of Registration of Medicinal Products, Medical Devices and Biocidal Products, if these positions are occupied by persons to whom the art was applicable. 80 par. 2 of the Act repealed by Article 214, transferred to these positions on the basis of art. 193 1 or Art. 194 (1) 1 or employed in those positions on the basis of Article 1 195 (1) 1, not complying with the conditions set out in the Article. 6 para. 1 points 1-4 of the Act repealed by Article 214.

2. The persons referred to in paragraph. 1, may take up their posts until the date on which these posts are filled as a result of the recruitment carried out, but no longer than one year from the date of entry into force of the Act.

3. The person referred to in the mouth. 1, shall transfer to another post of office on the date of the appointment of the appointment as a result of the recruitment procedure, or confirm the reentry of the post to its previous position, if it has been selected from among the persons concerned. ed on the basis of the recruitment for this position. For the transfer to another post, the authorities shall apply mutatis mutandis. 61 of this Law.

Article 197. [ A person employed in a foreign establishment on a high state position] 1. Within 30 days from the date of entry into force of the Act in force a person employed in a foreign establishment on a high state position referred to in art. 4 point 11 of the Act repealed by Article 214, transfer to the corresponding position of the managerial position in the foreign establishment.

2. Subject to paragraph. 3, on the date of the transfer referred to in paragraph. 1, the relationship of work on the basis of the appointment shall be converted accordingly in:

1) the employment relationship on the basis of an employment contract for an indefinite period of time, if before the appointment to the high state position referred to in art. 4 point 11 of the Act repealed by Article 214, the person was employed on the basis of a contract of employment on a position in the civil service in the office serving the minister competent for foreign affairs;

2) the employment relationship on the basis of a fixation contract-until the date of cancellation of the foreign establishment, if before the appointment to the high state position referred to in art. 4 point 11 of the Act repealed by Article 214, the person was not employed on a position in the civil service in the office serving the minister competent for foreign affairs;

3) the employment relationship on the basis of appointment, if prior to the appointment of the high state position referred to in art. 4 point 11 of the Act repealed by Article 214, the person was employed on the basis of the appointment at the civil service station in the office serving the minister competent for foreign affairs.

3. The relationship of work on the basis of appointment:

1) persons who before the appointment of a high state position referred to in art. 4 point 11 of the Act repealed by Article 214, were employed on the basis of the appointment by the Director General of the foreign service made on the basis of art. 18 (1) 1 of the Act of 27 July 2001. o the foreign service,

2) persons who have been appointed to the post of head of diplomatic representation on the basis of the provisions of the Act repealed in Art. 214, and before the appointment of the post, were not employed in the office serving the minister competent for foreign affairs

-it remains in force, and the provisions of the Law of 27 July 2001 apply to it. of a foreign service.

Article 198. [ Granting another official degree] An official of a civil servant transferred pursuant to Article 4 of the Regulation. 193 1 or Art. 194 (1) 1, as well as a civil servant, who has been appointed a post under Article. 193 4 or Art. 194 (1) 4. A further official grade shall be granted if his/her immediate manager has drawn up a reasoned request for his or her award.

Article 199. [ Labour relations not changed] 1. The application of the work on the basis of the appointment of the occupant on the day of entry into force of the Act:

1) the manager of the central office of the government administration and his deputy,

2) the president of the state agency and his deputy,

3) the President of the Management Board of the State Customs Fund and its Deputy,

4) the President of the National Health Fund and its deputy,

5) the head of the state organizational unit subordinate to or supervised by the President of the Council of Ministers or the competent minister and his deputy

-covered by the provisions of the Act repealed by Article 214, does not change.

2. Member of the civil service corps occupying on the day of the entry into force of the Act the position referred to in the paragraph. 1, may use the unpaid leave granted for the duration of the appointment, until the date of termination of the employment relationship in that post. After the end of the unpaid leave, the Director-General of the Office shall appoint a civil service member to a civil service member, at least equivalent in terms of pay to the position occupied before the appointment of a high state position and in accordance with the rules of procedure of the General Court. with his qualifications and professional preparation.

Article 200. [ Position of the Director of the Department] 1. The application of the work of the occupant on the day of the entry into force of the Act the position of the Director of the Department (the head of the equivalent cell) in the state organizational unit subordinate to or supervised by the President of the Council of Ministers or the competent minister and alternates, covered by the provisions of the Act repealed by Article 214, shall be transformed from the date of entry into force of the Act into employment relationship on the basis of an indefinite contract of employment, unless separate regulations provide for the establishment of a relationship of work on the basis of appointment.

2. The provision of the paragraph. 1 shall not apply to a person serving on the day of the entry into force of the Act the function of the director of the department (the manager of an equivalent cell) and his deputy, covered by the provisions of the Act repealed in Art. 214, appointed on the basis of separate provisions.

3. Member of the civil service corps occupying on the day of the entry into force of the Act the position referred to in the paragraph. 1, may use the unpaid leave granted for the duration of the appointment, until the date of termination of the employment relationship in that post. After the end of the unpaid leave, the Director-General of the Office shall appoint a civil service member to a civil service member, at least equivalent in terms of pay to the position occupied before the appointment of a high state position and in accordance with the rules of procedure of the General Court. with his qualifications and professional preparation.

Article 201. [ Right to remuneration in the current amount] Member of the civil service corps referred to in Article 193 4, art. 194 (1) 4, and to the person referred to in art. 195 (1) 3, shall be entitled to remuneration in the current amount, if it is higher than that of the new post, for the period of:

1) one month-if at the post, occupied on the day of the entry into force of the Act, were employed no longer than 3 months;

2) two months-if the post, occupied on the day of the entry into force of the Act, were employed for more than 3 months and no longer than 12 months;

3) three months-if in the post, occupied on the day of the entry into force of the Act, they were employed for more than 12 months.

Article 202. [ Condition for managerial competence] Within a period of 10 years from the date of entry into force of the Act, the condition of holding managerial competence in the positions referred to in art. 52 and the statutes amended in art. 135-139, 141-143, 145-147, 149-156, 158, 159, 161-185 and 187-189, shall be regarded as satisfied by persons who:

1) have obtained a certificate confirming qualifications to work on a high state position, issued on the basis of art. 7 ust. 5 or Art. 8 ust. Article 7 of the Law repealed by Article 7 of the 214;

2) as a result of the qualification proceedings for civil servants applying for the appointment in the civil service have reached the place of entitlement to be appointed under the Act repealed in Art. 215.

Article 203. [ Recruitment for higher positions in the civil service] During the period of 1 year from the date of entry into force of the Act, in carrying out recruitment for higher positions in the civil service, to the persons referred to in art. 202, the conditions laid down in the Article shall not apply. 53 points 4 and 5.

Article 204. [ Transfer to a higher position in the civil service] 1. During the period of 24 months from the date of entry into force of the Act, for the position referred to in art. 54 para. 2, a civil servant may be transferred to whom the immediate manager has delivered a favourable opinion on his previous work carried out during the period of at least 6 months prior to the transfer.

2. Paragraph Recipe 1 shall apply, as appropriate, to a civil servant who has not drawn up an interim evaluation on the basis of the provisions existing in the 24 months preceding the transfer.

Article 205. [ Monthly salary in higher position] 1. Until 31 December 2009 the monthly salary of a member of the civil service corps employed on a higher position in the civil service shall consist of a basic salary, a function allowance and an allowance for long-term work in the civil service.

2. To determine the basic salary and the function allowance of the persons referred to in paragraph. 1, the implementing rules issued on the basis of art shall apply. 17 para. 5 of the Act repealed by Article 5 of the Law 214.

3. The provision of the paragraph. 1 shall not apply to persons occupying managerial positions in the foreign service.

Article 206. [ Remuneration of a person employed as a manager of a State organisational unit] 1. Until 31 December 2009 the remuneration of the person employed as a manager of the state organisational unit subordinate to or supervised by the Prime Minister or the competent minister and his deputy, as well as the Director of the Department (Cell Manager an equivalent) in a State organisational unit subordinate to or supervised by the President of the Council of Ministers or the competent minister and his/her deputy shall consist of a basic salary, a function allowance and an allowance for multiannual work.

2. By 31 December 2009 to the person referred to in paragraph 1, the provisions of Article 1 shall apply mutatis mutandis. 91, art. 93 (1) 1 and Art. 94 and 95.

3. To determine the basic salary and the function allowance of the person referred to in paragraph. 1, the implementing rules issued on the basis of art shall apply. 17 para. 5 of the Act repealed by Article 5 of the Law 214.

4. To determine the allowance for the long-term work of the person referred to in paragraph. 1, the provisions of Article 1 shall apply mutatis mutandis. 90 and the implementing rules adopted on the basis of the Article 99.

5. The provisions of the paragraph. 1-4 shall not apply if the conditions of remuneration for the work and the granting of other benefits linked to the work of the persons referred to in paragraph 1 are not applied. 1 shall specify separate provisions.

Article 207. [ Implementing rules] 1. Implementing rules issued on the basis of art. 17 para. 5 of the Act repealed by Article 5 of the Law 214 and implementing rules issued on the basis of art. 69 of the Act repealed by Article 215 shall remain in force until 31 December 2009.

2. Implementing rules issued on the basis of art. 26, art. 52 par. 5, art. 54 para. 2, art. 65 par. 4, art. 67 par. 3, art. 70, art. 77 par. 3, art. 79, art. 87 and Art. 96 of the Act repealed by Article 6 of the Law 215 shall remain in force until new implementing rules have been adopted on the basis of Article 4. 47, art. 82, art. 84 (1) 2, art. 95 (1) 5, art. 97 ust. 3, art. 101, art. 110 (1) 3, art. 112, art. 120 and art. 130 of this Act.

Article 208. [ Abolition Of The Public Service Council] The Civil Service Council, set up on the basis of the provisions of the Act repealed by Article 4, shall be abolished. 214.

Article 209. [ Position of the Secretary of the Council of Ministers] From the date of entry into force of the Act:

1) the employment relationship of the person appointed to the position of the Secretary of the Cabinet of Ministers expires;

2) the person holding the position of the Secretary of the Council of Ministers includes the function of the Secretary of the Council of Ministers

Article 210. [ First composition of the Civil Service Council] 1. To the first composition of the Civil Service Council, the President of the Council of Ministers shall appoint the 4 members of the Council referred to in art. 20 para. 2-for 3 years, and the remaining 4 members-for 6 years.

2. To the first composition of the Council of Civil Service, the President of the Council of Ministers shall appoint the members of the Council as referred to in art. 20 para. 3, for the period remaining until the end of the term of office of the Sejm elected on 21 October 2007.

Article 211. [ Duties Of The Head Of Civil Service] Until the Head of the Civil Service is appointed, however, no longer than for 3 months from the date of entry into force of the Act, the tasks of the Head of the Civil Service shall be exercised by the Head of the Chancellery of the Prime Minister.

Article 212. [ Disciplinary and disciplinary proceedings] 1. Disciplinary Committees established before the entry into force of the Act shall be liquidated within 3 months from the date of its entry into force, with the exception of the Higher Disciplinary Committee of the Civil Service, which shall act until the end of the term of office.

2. After the expiry of the period referred to in paragraph. 1, cases initiated and not completed shall be conducted by disciplinary committees competent for the offices in which they were employed on the date of the opening of disciplinary proceedings.

Article 213. [ Cases instituted and unfinished, tarnishing of penalties and destruction of the write-off of the judgment] 1. The cases opened and not completed before the entry into force of the Act shall apply Art. 113 (1) 5, unless the existing provisions are more favourable to the blamed.

2. To the penalties of final judgment before the entry into force of the Act, the existing provisions on the encrosion of the sentence and the destruction of the write-off of the sentence shall apply.

Chapter 12

Final provisions

Article 214. [ Repealed provisions] The Law of 24 August 2006 shall be repealed. about the state resource and high state positions (Dz. U. Entry 1217, of late. zm.).

Article 215. [ Repealed provisions] The Law of 24 August 2006 shall be repealed. o Civil service (Dz. U. Entry 1218, with late. zm.), with the exception of art. 6 para. 1, art. 19-22, art. 24 and art. 26-28, which are repealed with effect from 31 December 2009

Article 216. [ Entry into force] The Act shall enter into force after 3 months from the day of the announcement, except for Art. 7 ust. 1, art. 40-43, art. 45, art. 47-49, art. 160 and Art. 186 points 2 to 6, which shall enter into force on 1 January 2010.

[ 1] The Act expired on 1 April 2009. based on art. 82 of the Act of 23 January 2009. about voivodship and government administration in the voivodship (Journal of Laws pos. 206), which entered into force on 1 April 2009.

[ 2] Article 27 (1) 2 repealed by Art. 6 point 1 lit. a) of the Act of 23 September 2016. to amend certain laws to facilitate the control of infectious animal diseases (Journal of Laws of the U. 1605). The amendment came into force on 18 October 2016.

[ 3] Article 27 (1) 3 in the version set by the Article. 6 point 1 lit. b) of the Act of 23 September 2016. to amend certain laws to facilitate the control of infectious animal diseases (Journal of Laws of the U. 1605). The amendment came into force on 18 October 2016.

[ 4] Article 52, point 3a, added by art. 6 point 2 of the Act of 23 September 2016. to amend certain laws to facilitate the control of infectious animal diseases (Journal of Laws of the U. 1605). The amendment came into force on 18 October 2016.

[ 5] Article 53a (a) 3a added by art. 6 point 3 of the Act of 23 September 2016. to amend certain laws to facilitate the control of infectious animal diseases (Journal of Laws of the U. 1605). The amendment came into force on 18 October 2016.

[ 6] Article 116 (1) 4 added by art. 6 point 4 of the Act of 23 September 2016. to amend certain laws to facilitate the control of infectious animal diseases (Journal of Laws of the U. 1605). The amendment came into force on 18 October 2016.

[ 7] Article 124 (1) 3a added by art. 6 point 5 of the Act of 23 September 2016. to amend certain laws to facilitate the control of infectious animal diseases (Journal of Laws of the U. 1605). The amendment came into force on 18 October 2016.