Transition from a Public-Law Service Relationship to a Private-Law Employment Relationship

6. 11. 2026

On 1 November 2026, the new Act No. 195/2026 Coll., on the Legal Status of Civil Servants in Ministries and Other Administrative Authorities (the Civil Servants Act), enters into force. This Act replaces the existing Act No. 234/2014 Coll., on Civil Service.

An accompanying Act No. 197/2026 Coll. was also adopted in connection with the new legislation. It amends certain laws in connection with the adoption of the Act on the Legal Status of Civil Servants in Ministries and Other Administrative Authorities (the Civil Servants Act).

The main reason for changing the existing Civil Service Act was to introduce greater flexibility in the recruitment and dismissal of civil servants. According to the legislators, the previous legislation had been an obstacle to the reorganisation and streamlining of public administration. The Act was vetoed by the President of the Czech Republic; however, the Chamber of Deputies subsequently overrode the veto.

The most significant change is that the legal relationships of civil servants will newly be governed by the Labour Code, Act No. 262/2006 Coll. The existing civil service relationship will not terminate; instead, as of 1 November 2026, it will be converted into an employment relationship. The length of service, whether the employment is fixed-term or indefinite, and recognised work experience will also be preserved.

What should a civil servant do if they disagree with the change?

Civil servants may notify the authority employing them in writing by 1 November 2026 that they do not wish to continue working as civil servants under the new Act.

This will create an obstacle to work on the employer's side (the administrative authority), and the civil servant may be dismissed on grounds of redundancy. In such a case, the employee is entitled to compensation equal to their average earnings until the employment relationship ends.

Severance pay will only be provided if the existing civil service position has not been converted into an employment position for a civil servant under the new Act.

If a civil servant is placed on leave from the performance of civil service duties for organisational reasons as of 1 November 2026, or if the grounds for such placement already exist as of 31 October 2026, the employee is entitled to compensation amounting to 2.4 times their salary. However, any salary already received by the employee during the period of being relieved from service duties will be deducted from this amount.

The employee will only be entitled to a severance payment if their previous civil service relationship was established for an indefinite period.

If the employee wishes the relevant administrative authority, with which they have their civil service relationship, to issue a decision confirming that their employment relationship has ended in this manner, they must submit a request to the authority by 16 November 2026.

© Schaffer & Partner 2026
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