Archive:Public employment - Poland
This Statistics Explained article is outdated and has been archived.
- Source: Ministry of the Spanish presidency 2010, publication "Public employment in the European Union Member States" .
This article is part of a set of background articles and introduces public employment in Poland.
Regional and administrative organisation
Introduction
The Republic of Poland (Rzeczpospolita Polska) has been a member of NATO since 1999 and of the European Union since 2004. In 1989, the first in the post-war history free elections to Parliament were held and in 1997 the new Constitution was approved by the National Assembly. It is a unitary state based on the principle of the division of powers. The Constitution defines Poland as a parliamentary republic.
System of government
Executive Power: The executive power is vested in the President of the Republic of Poland and the Council of Ministers.
The President is the Head of State. The President is elected by direct popular vote for a period of five years; heads the executive authority and represents Poland abroad; is guarantor of the continuity of the Government, ensures the Constitution is respected and is responsible for state security. The President may veto bills of law.
The Council of Ministers is led by the Prime Minister who is appointed by the President of the Republic, who also appoints the members of the Council of Ministers, on the recommendation of the Prime Minister. Its duties encompass managing the current policy of state, ensuring the execution of the law, coordinating and controling the work of government administrative bodies, ensuring public order and the internal and external security of the state, protecting the interests of the State Treasury, approving the draft of the budget, and supervising its execution. The Council of Ministers also signs international agreements which require ratification, and can revoke other international agreements.
Legislative Power: The legislative power is vested in Parliament which consists of two houses: the Sejm, the Lower House with 460 members, and the Senate, the Upper House, consisting of 100 senators. The Sejm and the Senate make up the National Assembly (Zgromadzenie Narodowe).
Judicial Power: The judicial power is vested in courts and tribunals which are independent of other branches of power. Its major institutions include the Supreme Court (Sa˛d Najwyz˙szy); the Supreme Administrative Court (Naczelny Sa˛d Administracyjny); the Constitutional Tribunal (Trybunał Konstytucyjny); and the Tribunal of State (Trybunał Stanu).
Territorial Division
The territorial division encompasses three levels: regional (voivodship), supra-local (county - powiat) and local (commune - gmina).
The territorial entities have their own statutes adapted to their social, economic and cultural characteristics. State institutions except for national (central) level have powers in two tiers of territorial division: voivodship and powiat while self-government executes its powers at regional, supra-local and local level.
The three-level division was introduced by means of administrative reforms in 1998 which main aim was to enforce the decentralisation and reinforce the territorial entities.
Public Administration
The structure of public administration in a broad sense encompasses state administration and self-government administration.
The state administration covers organs and institutions that by virtue of law provisions perform functions of the state.
Civil Service in Poland is a concept of a narrow scope of government administration existing in ministries and central offices at national (central) level and voivodship offices at regional level as well as also strictly defined by law services, guards and inspections that act on regional and supra-local level.
Public Employment Structure
Legal Basis: The civil service is regulated by a series of law provisions, including the Constitution and Act on civil service (the latest one of 21 November 2008). The Labour Code and other like the Act on limitation of economic activities of persons performing public functions cover only these areas that are not the subject to the act on civil service.
There are also other acts referring to other categories of public employees not included in the civil service corps (like self-government, health, armed forces, education, jurisdiction etc.)
Staff Structure and Categories: The model of Polish civil service differentiates between a civil service employee and and a civil servant. Both categories create a civil service corps. A civil service employee stands for an individual employed on the basis of employment contract in accordance with principles set forth in the relevant statutory provisions. A civil servant stands for an individual employed on the basis of appointment in accordance with principles set fort in the relevant statutory provisions. The aforementioned act on Civil Service distinguishes senior positions in civil service to which detailed statutory provisions apply (e.g. on recruitment requirements and procedure, rights and duties, mobility).
Statistics: The number of civil service corps members as of June 2009 was 121,004, including 5,348 civil servants, representing accordingly 0.8% and 0.03% of all employees in the national economy.
Rights, obligations, principles and values
Obligations and principles: Civil service corps members are particularly obliged to obey the Constitution of the Republic of Poland and other provisions of law, protect the interests of the State and human and civil rights, manage public resources reasonably, perform their duties conscientiously, impartially, efficiently and timely, preserve statutory confidential information, develop professional knowledge, behave in a dignified manner in and outside the service and undergo periodical performance evaluation.
In addition civil service corps members cannot be guided in executing their duties neither by their particular nor any group interests nor they are allowed to publicly manifest their political beliefs.
Moreover civil service corps members shall not be allowed to combine employment in the Civil Service with a councillor’s mandate.
Civil servants and civil service employees holding a senior position in civil service are not allowed to establish or participate in political parties.
Some restrictions on undertaking additional employment or other income generating activities also apply to civil service corps members.
Individual Rights: The individual rights regarding civil service corps members refer to composition of remuneration and a range of bonuses, allowances and awards of financial character. General provisions foresee that remuneration of a civil service employee is comprised of a basic salary specific to a given position, a special bonus resulting from specific nature of performed tasks and a bonus for long-term employment with the civil service. Civil servants are entitled additionally to a civil service bonus based on the service rank held.
As for the working time it cannot exceed eight hours per day and on average forty hours per week. A civil service employee is entitled to such a number of free hours as the number of overtime hours worked upon the order of his/her superior while a civil servant is entitled for this kind of compensation only for overtime hours worked at night - time. Civil service employees are also entitled to a day off for the work performed on Sunday or a festive day.
The right to paid annual recreation leave is provided by general provisions of Labour Code, nevertheless civil servants are entitled to one additional day of annual recreation leave after five years of employment in public administration. The annual recreation leave increases by one day each year of employment until it reaches the length of twelve days.
Collective Rights: Civil service corps members do not have the right to strike or to participate in actions of protest which might interfere with the regular functioning of an office. The right to union membership is recognised but the restriction of not being allowed to hold a position within a trade union applies to civil service corps members holding a senior position in Civil Service.
Career-Based System. Training
Career-based system is regulated in the aforementioned Act. The recruitment procedures and requirements differ depending on positions that are applied for (“regular” or senior ones). Recruitment is carried out in accordance with the principles set out in the Act.
The employment relationship of a civil service employee is established on the basis of the employment contract for an indefinite period of time or for a definite period of time. In the case of individuals taking up employment with the civil service for the first time, employment contract is concluded for a definite period of 12 months with the option of earlier termination of the employment relationship upon two-weeks’ notice.
The contract for an indefinite period of time applies generally to civil service employees who have previously had a contract a definite period of time and received a positive result of her/his performance evaluation.
After fulfilling certain conditions stated in the Act on civil service a civil service employee can become a civil servant. In this case the existing employment relationship is transformed into employment relationship on the basis of appointment.
In case of re-employment of a civil servant the employment relationship is established on the basis of her/his appointment (with some exceptions foreseen by the law).
Candidates for senior managers (directors general, directors or equivalent levels) and their deputies have to fulfill among others the following conditions:
• to have master degree (or equivalent),
• to have managerial skills,
• to have at least 6 years of professional experience including at least 3 years of professional experience at the managerial post in organizations of public finance sector (in case of directors general),
• to have at least 3 years of professional experience including at least 1 year of professional experience at the managerial post or at least 2 years at independent posts in organizations of public finance sector (in case of directors (or equivalent and their deputies).
Candidates from both public and private sector can apply for senior positions in the civil service. The contracts are set for an indefinite period of time.
An open competition is organised for senior manager’s posts, however some exceptions are foreseen by the law. Director deputies’ posts can be filled by civil servants (or other persons under separate law provisions) by way of transfer.
Another aspect of the administrative career is mobility. Mobility is voluntary as an element of natural staff flow; however there are also three types of transfers stated by the act on civil service:
• by decision of the Head of Civil Service (refers only to civil servants);
• by consent of civil service corps member within civil service;
• by consent of civil service corps member outside civil service.
Remuneration
Pay rises for civil service corps members are determined by the Government by means of annual budgetary act. Remuneration on an individual level is set by each employer (director general) and must be consistent with legal provisions regarding civil service and may take into account results of the periodical performance evaluation.
Social dialogue and system of representation
Joint Representation and Social Dialogue: on the basis of the resolution n° 34 of the Tripartite Commission for Social and Economic Affairs (a main body of social dialogue), passed on the 16th February 2009, the special Sub-group on self-government administration employees and civil service was called into being. Its main goal is to work out and agree different solutions concerning self-government administration employees and civil service related to remuneration system, performance appraisal, job evaluation in particular as well as special rules concerning a labour law and funds for functioning (the presidium of the Commission has the right to charge the Sub-group with other tasks when necessary). In the Sub-group there are 14 members: 4 representatives of the government, 2 representatives of self-government administrations, 6 members of the representative trade unions organisations (Independent Self-Governed Trade Union “Solidarnos´c´” (NSZZ “Solidarnos´c´”) – 2 representatives, All-Polish Trade Union Alliance (OPZZ) – 2 representatives and Trade Union Forum (FZZ) – 2 representatives), 1 member of one of four representative employers organizations in Poland (Business Centre Club – Employers’ Union (BCC – ZP)). The Sub-group is chaired by the representatives of Government appointed by the Chair of the Tripartite Commission - the Head of the Civil Service in the Chancellery of the Prime Minister. The functioning of the Sub-group is foreseen till the end of 2011. The results of the discussions, although they are not binding for the Government, are usually taken into account, which is reflected in drawing a draft bill of law or in modifying an existing law.
Right of Civil Servants to Conclude Collective Agreements: According to the Polish legal system, especially under labour code (art 239 § 3), collective bargaining doesn’t exist in the civil service (which contains governmental administration), self-government administration (workers employed by appointment), prosecutors, judges. The wages in this professional groups are regulated by acts and decrees. The collective bargaining takes place in the public sector for other professional groups especially in education system and healthcare system, then negotiations are taking place on an agency level or in a workplace. There are no binding agreements for central government in Poland in civil service.
Recent reforms and prospects
The Act on civil service of 21st of November 2008 entered into force on 23rd March 2009 as one of the actions taken on the basis of resolution of the Council of Ministers of 2008 on the finalisation of public administration reform. The year 2009 was devoted to implementation of the provisions of the new act and to legislative work on executive acts. These regulations and ordinances refer mainly to remuneration issues, disciplinary procedures, performance evaluation, qualification procedures and procedures of cooperation between directors general and the Head of Civil Service.
Another new action taken up under the act of civil service provisions is the elaboration and implementation of a strategy on human resources management in civil service. The strategy should contain diagnosis of the civil service, definition of strategic aims, implementation system and financial framework. The works on the strategy are currently being conducted.