Source: Official Gazette of RS no. 49/06, Monday 29 May 2006 Pursuant to item 2 of the Amendment XL to the Constitution of Republika Srpska ( Official Gazette of RS, no. 28/94), I p a s s the D E C R E E T O A N N O U N C E T H E L A W ON CHANGES AND AMENDMENTS TO THE LAW ON THE CIVIL SERVICE IN THE ADMINISTRATION OF REPUBLIKA SRPSKA I announce the Law on Changes and Amendments to the Law on Civil Service in the Administration of Republika Srpska which the National assembly of RS adopted at the session held on 11 th May 2006, and the People s Council on the session held on 22 nd May 2006 confirmed that no vital national interest of the constituent people in RS has been imperilled by adopted Changes and Amendments to the Law on Civil Service in the Administration of Republika Srpska. No. 01-020-252/06 President of the Republic 23 rd May 2006-06-16 Dragan Cavic Banja Luka L A W ON CHANGES AND AMENDMENTS TO THE LAW ON THE CIVIL SERVICE IN THE ADMINISTRATION OF REPUBLIKA SRPSKA Article 1 In the RS Law on Civil Service in the RS Administration ( Official gazette of RS, no. 16/02, 62/02, 38/03 and 42/04), Article 1, following the word appointment, the word selection is to be deleted and replaced by the wording and employment. Article 4 is to be deleted. Article 2 Article 3 (1) In Article 5 paragraph 7 is to be deleted. (2) In Article 5 paragraph 8, the wording puts in the position is to be deleted and replaced by: appoints, and the wording four years is to be replaced by five years.
Article 4 1) In Article 6 paragraph 1 Item a), following the word appointment, the wording and selection is to be replaced by the wording employment and termination of duties. (2) In the same paragraph, the item f) is to be deleted. Article 5 (1) In Article 7, the item 5 is to be deleted. (2) In item 6, which becomes the item 5, the wording is conducted at least 30 days is to be deleted and replaced by must commence within 15 days. (3) New item is to be added to be the item 6 as follows: Appointment procedure and the procedure for employment have to be finalised the latest within 75 days from the day of expiry of the deadline for submission of the registration for an open competition. Article 6 In Article 20 paragraph 2, the words of the civil servants are to be deleted. Article 7 Title of the Chapter IV SELECTION AND APPOINTMENT TO THE CIVIL SERVICE is to be deleted and replaced by EMPLOYMENT AND APPOINTMENT TO THE CIVIL SERVICE. Article 8 In Article 43, paragraph 1 item 3 is to be changed and replaced by act on appointment up to 90 days. Article 9 In the Article 45, paragraph 4 is to be changed as follows: Open Competition shall be announced in the public information and shall stay opened 21 days from the day of its announcement in the daily papers. Article 10 (1) In the Article 48, following paragraph 1, paragraph 2 is to be added as follows Period of appointment and nomination of the Assistant Ministers, Secretaries to the Ministries, Chief Executives of the Republican Administrations and the Republican
Administrative Organisations shall be five years including the possibility of renewing mandate. (2) Paragraph 4 is to be changed as follows: Should the Government upon expiration of the mandate decide to relieve a senior civil servant staff member from his/her duties, that civil servant shall be returned to the same or similar earlier position, three months from the day the decision on relieving has been issued the latest. (3) Paragraphs 2, 3 and 4 become 3, 4 and 5. Article 11 In the Article 51, paragraph 1, item 1, following the words Bosnia and Herzegovina, the following words shall be deleted and reside in the Republic of Srpska. Article 12 In the Article 68, paragraph 1 is to be changed into: Civil servant shall be held accountable for the damage he/she causes knowingly to a civil service body during the work. Article 13 (1) Item 2 of paragraph 1 of the Article 72 is to be changed as follows: suspension of the right to participate in the open competitions for the civil service over two years time. (2) In the item 3 of paragraph 1 of the Article 72, the percentage 50% is to be deleted and replaced by the following wording 20% in the duration of the 6 months time. Article 14 (1) Article 87 is to be changed as follows: A civil servant may not exercise a duty, activity or be in a position which produces conflict of interests with his/her official duties, and especially may not exercise an additional activity for which is to be remunerated, apart if the minister or head of the administrative organisation has approved it. (2) Government of RS shall issue a Decree to stipulate cases in which approval from paragraph 1 of this Article can be given. Article 15 In Article 98 paragraph 2, the word earnings shall be replaced by the word salaries. Article 16 (1) Paragraph 1 of the Article 113 is to be changed and replaced by: The competent Ministry shall decide upon an appeal against the first-instance decision of a
regional office, of a Republican Administration Office or of a Republican Administrative Organisation Office. (2) In the paragraph 2 word Minister is to be deleted and replaced with competent Ministry. Article 114 is to be deleted. Article 17 Article 18 Paragraph 1 of the Article 122 is to be changed and replaced as follows: (1) The civil servants, occupying civil service positions from the Article 32, paragraph 1, items 1-9 of this Law are subject to the Agency s exercise of revalidation. Revalidation exercise intends to establish whether the civil servants are employed accordingly with the old Law on Civil Service and with the Law on Working Relations within the Bodies of the State Administration and whether they meet conditions from the Article 51 of this Law (2) A civil Servant s working relation shall terminate should revalidation finds that: 1. he/she has established the working relation in contrast with the old Law on Civil Service and with the Law on Working Relations within the Bodies of the State Administration, or 2. he/she fails to fulfil conditions from the Article 51 of this Law. (2) The decision from paragraph 1 of this Article shall be issued by the Republika Srpska Agency for Civil Service. (3) The Civil Service Agency shall advertise open competitions for vacant positions. Article 19 Following the Article 125, the new Article 125a is to be added as follows: Article 125a (1) Open competition for appointment and nomination of civil servants from Article 10 of this Law shall be announced within 30 days the latest from the day of entry into force of this Law. (2) Open competition from previous Article shall not be announced for filling up positions for which the open competition procedure have already been announced by the time this Law entered into force. Article 20 Following the Article 126, the new Article 126a is to be added as follows: Article 126a
The Legislative-Legal Board of the Republika Srpska National Assembly is given an authorisation to compile refined wording of this Law. Article 21 This Law enters into force on the eighth day of its publishing in the "Official Gazette" of Republic of Srpska. No. 01-544/06 11 May 2006 Banja Luka S P E A K E R O F T H E N A T I O N A L A S S E M B L Y Igor Radojicic