The Civil Service system in Poland
The role of the civil service is to guarantee that the state is efficient and effective regardless of the political situation and shifts of governments. This can be ensured by an appropriate staff composed of competent and professional officials, who fulfil their duties reliably and impartially.
Building a modern state, increasing the efficiency of its bodies and, principally, the satisfaction of the society are the most important goals that members of the civil service corps should pursue.
Terms and definitions
The legal relationship between the state and the official has its own nature. In the Polish civil service we differentiate three categories of staff:
- Civil service employees employed on the basis of employment contract.
- Civil servants employed on the basis of nomination (classic bureaucrats with a lifelong tenure). The nominated civil servants as a prioritised group have some additional rights compared to the civil service employees. There are two ways of obtaining this status:
- taking so called qualification procedure (state exam),
- graduating from the Lech Kaczyński National School of Public Administration (a governmental school directly subordinated to the Prime Minister).
- Persons occupying senior positions employed on the basis of appointment.
Civil service corps is a general term for the legal relationships within civil service. It includes all three categories.
Organisation and structure of the civil service
Prime Minister
According to the Constitution the superior of the civil service corps is the Prime Minister. However in practice she/he exercises her/his competencies with the support of the Head of Civil service.
To see the website of the Prime Minister click here.
Head of Civil Service
The Head of the Civil service (henceforth: HCS) is the central body competent in civil service issues. The Prime Minister appoints and dismisses the HCS. The office of the HCS is the Chancellery of the Prime Minister (especially: Civil Service Department).
The HCS is responsible for inter alia coordination of the civil service personnel policy, preparing drafts of normative acts, organizing trainings, collecting data on the civil service corps as well as international cooperation.
Civil Service Department is an organizational unit of the Chancellery of the Prime Minister, competent in the civil service issues, primarily personnel issues, human resources management and professional development. It provides service to the Head of the Civil Service in carrying out her/his duties and provides organizational and secretarial support to the Public Service Council and the Higher Disciplinary Commission of the Civil Service.
Director General of Office
The top, non-political leader of governmental bodies is the Director General (DG). The DG represents the professional leadership in the civil service system, being the government employer in:
- Chancellery of the Prime Minister,
- ministries,
- central offices,
- voivodship offices.
The political leadership (supervision) of the office is the head of the office. The DG is directly responsible before the head of the office and also responsible before the HCS with regard to the tasks resulting from the Civil Service Act.
The main duties of the DGs are to perform activities envisaged under the labour law in relation to persons employed in the office and implementing the staffing policy. They ensure the continuity of the work of an office, conditions for its operation, as well as the proper work organization.
Public Service Council
The Public Service Council is an opinion-giving and advisory body to the Prime Minister. It expresses opinions on i.a.:
- draft of the budget law in its part dealing with the civil service;
- drafts of normative acts concerning the civil service;
- the central training program within the civil service;
- annual reports of the Head of Civil Service.
The Council shall also disseminate, in cooperation with the Lech Kaczyński National School of Public Administration, the best European standards, practices and experiences with regard to the civil service.
The Council consists of 7-9 members. They serve pro publico bono.
HR management in civil service
In the Polish civil service (government administration) the human resource management is decentralized, which means that a lot of competencies regarding HR management are given at the level of the individual office. However the personnel decisions must be in line with the Constitution and the Civil Service Act and other pieces of law.
Recruitment process
The recruitment process in civil service shall be open and based on the competition principle. The open character of recruitment to the civil service means that it is common, public and transparent, and offers equal access to all candidates. These fundamental rules are expressed by (among others) the obligation to publish job offers, prepare a recruitment report and present the results of the recruitment. Openness of the recruitment also ensures that every citizen, who meets the requirements specified in the vacancy announcement, can apply.
Recruitment based on a competitive principle means the procedure resulting in choosing a candidate who gives the best guarantees to complete tasks and to reach objectives both of the position and the office. It also requires the same evaluation principles, methods, tools and criteria to every candidate applying for the post, as well as ensuring that every candidate has a chance to present himself or herself. The Director General (DG) is responsible for adopting the rules of recruitment procedure and making the final decision about who will be appointed for the vacant position.
There are some basic requirements that every applicant has to meet in order to become a civil service corps member, such as Polish citizenship (foreign citizens can be employed if the DG decides about vacant position available for foreigners and if the applicant meet additional requirements e.g. Polish language knowledge); enjoying full civil rights, no prior criminal record; holding qualifications required for the given position and enjoying an impeccable reputation.
For candidates to the senior positions in the civil service, which are filled on the basis of appointment, there are also some extra requirements: M.A./M.Sc. degree (or equivalent), no prohibition to work on the management posts in public sector or posts connected with spending public money, possession of managerial skills, fulfillment of other requirements defined in the job description and in separate pieces of legislation. In principle senior positions in the civil service include: directors general of offices, directors of departments or equivalent units in the Chancellery of the Prime Minister, ministries, central offices, voivodeship offices as well as deputies of the above mentioned. This category includes also senior positions in the National Tax Administration (i.a. heads of tax offices and their deputies).
Remuneration
The remuneration system shows features of the career system and position-based system as well. It provides progression based on time spent in the civil service, however it gives the opportunity for the DG to personalise the remuneration of the employee based on his/her knowledge, personal performance, qualification and experience. Some components of the remuneration (including basic salary) are calculated by using a multiplier system. It means that the level of a given component is defined by applying a multiplier (a coefficient) to a basic amount (a basic reference pay). The basic amount is defined each year in the State Budget Act. The level of the multiplier is decided by the DG.
The DG makes his/her decision by taking into consideration the results of the personal performance appraisal, and other aspects as well (see the recommendations of the Head of Civil Service set forth in the standards of human resource management).
Some components of the remuneration depend on the employment status of the official (civil servant/civil service employee/senior manager). They include i.a. bonus for being a civil servant, position allowance, tax executors special bonus, bonus for long term employment, obligatory and optional awards etc.
Progression in civil service
As it was mentioned, the civil servant status is a special relationship with some additional rights and duties as compared to other civil service corps members.
There are two ways to become a civil servant:
- One may apply for a vacant position and after a successful recruitment she/he is employed as a civil service employee. Then she/he must work – as a rule – three years in the civil service. Having this work experience the employee may take part in so called qualification procedure (state exam), provided that she/he fulfills some other entry criteria (i.a. knowledge of foreign language, M.A./M.Sc. degree).
-
Being a KSAP graduate is a much faster way to become a civil servant. After an 20 month education (including trainings, domestic and foreign internships) a graduated KSAP student becomes a civil servant automatically. [To read more about KSAP, click here].
Professional ethics
The work ethics applicable in the civil service is made up of several types of regulations, principles and guidelines. The members of the civil service corps, in the performance of their tasks, are guided by the law and the civil service rules including inter alia: principle of legality, rule of law, protection of human and civil rights, transparency, rational management of public funds etc.
The members of the civil service corps observe the principles of ethics of the civil service corps. The focus is rather on good behaviour and the protection of values which create the basis for the Polish civil service. These principles are the dignified conduct, public service, loyalty, political neutrality, impartiality, diligence and fairness.
In order to make clear and simultaneously strengthen the values and ethics in civil service, a Code of Conduct was established. It contains the work standards (civil service rules), values (ethical principles mentioned above) and clarification of the rules enshrined in the legislation. As regards the disciplinary liability it is applicable where no action occurred that reaches the level of penal liability.
In 2017 the Head of Civil Service decided to set up the network of ethics and integrity advisors that perform their functions in the Chancellery of the Prime Minister, ministries, central offices and voivodeship offices. This decision was additionally inspired by the OECD 2017 Recommendation on public integrity and encouraged by positive experiences from abroad.
Main goal of the network is to form a cooperation framework for civil servants facing similar ethical dilemmas and to create a forum for the exchange of knowledge, experience and good practices in this area. It has also been perceived and used as the first body to consult drafts developed by the Head of Civil Service to promote and build a culture of integrity in the civil service.
The activity of the network is supported by the Head of Civil Service and chaired by the Civil Service Department. It meets on regular basis, also online, taking into account recent pandemic circumstances.