Civil service law: service relationship, duties, rights and ethics of state employees
Service relationship
Act No. 234/2014 Sb., on Civil Service, governs state employees in administrative offices (správní úřady). It is lex specialis to the Labour Code. The service relationship is established by appointment (jmenování) to a service position by the service authority (služební orgán), normally after a selection procedure. The Act lists excluded groups, including members of security forces, professional soldiers, judges and prosecutors. A probationary period applies. The service authority may transfer, assign or terminate the relationship only on statutory grounds.
Duties and rights
Civil servants must comply with the Constitution and laws, serve the public interest, act impartially and politically neutrally, maintain confidentiality, and avoid conflicts of interest. They take a service oath. They must not be members of a political party or movement or act in its favour. They are entitled to salary, leave, training and protection. Disciplinary liability is separate from criminal or civil liability.
Ethics and conflict of interest
Act No. 159/2006 Sb., on conflict of interest, requires public officials to file declarations of assets and interests and prohibits certain activities. A civil servant must not use information gained in office for private advantage. The Code of Ethics for civil servants is a non-binding ethical framework, but breach of statutory duties can lead to disciplinary action.
Worked example
A civil servant is offered a paid consultancy contract by a company that is applying for a subsidy administered by her department. Reasoning: she has a conflict of interest; she must notify her superior and must not participate in the matter. Accepting the contract could breach Act No. 159/2006 and the Civil Service Act and could constitute a disciplinary offence or even bribery if linked to official action.
Traps
Do not apply the Labour Code automatically; the Civil Service Act prevails. Do not assume civil servants may engage in party politics at work. Do not confuse a conflict of interest with criminal bribery: the former can exist without a criminal offence, but it still triggers notification and abstention duties.