Act No. 254 / 2002 Coll.
Act amending Act No. 221 / 1999 Coll., on Professional Soldiers, as amended
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Law
Effective from 28.06.2002
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28.06.2002
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254
THE LAW
of 24 May 2002
amending Act No 221 / 1999 Coll., on professional soldiers, as amended
Parliament has decided on this law of the Czech Republic:
Act No. 221 / 1999 Coll., on professional soldiers, as amended by Act No. 155 / 2000 Coll. and Act No. 129 / 2002 Coll., is amended as follows:
1. Paragraph 2 (3) and (4) reads as follows:
"(3) The service authorities are required to ensure equal access and equal treatment to service for all applicants (hereinafter referred to as" the applicant ') and to all soldiers in the creation of conditions for the performance of the service, in particular as regards training and achievement of the professional process, remuneration, other cash performance and performance of cash value. Discrimination against applicants and soldiers on grounds of race, colour, sex, sexual orientation, belief and religion, nationality, ethnic or social origin, property, gender, marital and family status and family responsibilities, pregnancy or motherhood or because soldiers are breast-feeding shall be prohibited. There is also a ban on the conduct of service bodies which discriminate not directly, but only in their consequences. Induction to discrimination is also regarded as such. Discrimination shall not be regarded as a case where there is a substantive reason for different treatment consisting of the nature of the service carried out by a soldier and which is necessary for the performance of that service.
(4) Neither the service body nor the soldier may abuse the exercise of the rights and obligations arising from the service to harm another soldier or to humiliate his dignity. Unintended conduct of a sexual nature and all forms of harassment which seek to undermine the dignity of a soldier, to create a intimidating, hostile, degrading and humiliating or offensive atmosphere, and which are unwelcome, inappropriate or may be legitimately perceived as a condition for decisions affecting the exercise of the rights and obligations arising from the service. '
2. Paragraph 2 (5) is deleted.
Paragraphs 6 and 7 shall become paragraphs 5 and 6.
3. the following Section 2a is inserted after Section 2, including the title and footnotes 1), 1a), 1b) and 1c):
Personal data
(1) From the beginning of the service until its termination, the service authorities process the following personal data (1):
(a) name and surname, including previous names and surnames and surnames;
(b) academic degrees and degrees with the dates of their confessions;
(c) birth number,
(d) the address of the place of permanent residence and residence;
(e) citizenship;
(f) education obtained;
(g) medical fitness for military active duty, 1a)
(h) an overview of previous working and service conditions and self-employed activities;
(i) language skills and examinations;
(j) specific competences, skills, interests and authorisations;
(k) criminal integrity;
(l) family status,
(m) the names, surnames and addresses of the place of permanent residence and the residence of persons close to them. (1b)
(2) In order to substantiate the data referred to in paragraph 1, the soldier shall be required to submit valid documents and supporting documents. An indication of the criminal integrity referred to in paragraph 1 (k) shall be provided by an extract from the Register of Penalties not earlier than 6 months.
(3) The service authorities shall keep personal data in the soldier's personal file and shall base on it documents and documents showing the trueness and accuracy of the personal data. They shall also keep in the personnel file the documents and documents of the conduct of his duties. Personal data are also kept using computer techniques.
(4) The soldier is obliged to notify the service authority of changes in personal data within 8 days of the date on which the changes occurred.
(5) The service authorities shall process the personal data of the soldier in the performance of their duties to the extent resulting from this Act. Unless otherwise provided for in this Act, they shall proceed in the collection, storage, making available, transmission and other processing of personal data on soldiers and other natural persons under specific legislation. 1c)
1) § 4 (a) of Act No. 101 / 2000 Coll., on the protection of personal data and on the amendment of certain laws.
1a) Decree No. 256 / 1999 Coll., on the assessment of medical fitness for military active duty.
(1b) Paragraph 116 of the Civil Code.
1c) Act No. 101 / 2000 Coll., as amended. '
4. in Article 3 (2) (b), the word "established" shall be deleted;
5.
Selection of the tenderer
(1) The selection of the tenderer shall be initiated by the service of a written application for employment for service. The selection shall be made by the service authorities.
(2) The completion of a personal questionnaire, the communication of personal data pursuant to Article 2a (1), the supporting documents referred to in Article 2a (2) and the expression of consent to the processing of personal data are the conditions for the selection of the tenderer.
(3) The service authority shall verify that the tenderer fulfils the conditions laid down in Article 3. The applicant shall be informed in writing of the result of the selection within a maximum of 6 months of the date of receipt of the application.
(4) Before the employment of the candidate for service, the service authority shall inform him in writing of the expected date of service and duration of service, the place of service, the place of service, the basic weekly period of service and its layout, the payment terms and payment terms, the duration of the regular leave, the conditions of service, the conditions of termination of service and the arrangements for equal treatment.
(5) A candidate who has applied in writing for a profession and has not been called on shall be kept by the service authorities for a period of 50 years by personal data and an indication of the reason for the non-service. After that period, the data shall be disposed of.
(6) The Ministry shall establish by decree the documents for selection, selection procedure and model of the personal questionnaire. '
footnote 1 is deleted.
6. in Article 5 (1), the following point (e) is inserted after point (d):
"(e) trial period,"
Points (e) and (f) shall be renumbered as points (f) and (g).
7. In Article 5, the following paragraph 5 is inserted after paragraph 4:
"(5) The test period shall be 3 months. The period during which a soldier does not perform duty due to obstructions in the duty or incapacity to serve for sickness or accident shall be counted against the probationary period for a maximum of 10 days. ';
Paragraph 5 shall become paragraph 6.
8. In Article 6 (2), the words "and the organisational components of the State 'shall be inserted after the words" or the founder' and the following words shall be added at the end of the paragraph: "or in international and transnational organisations or bodies'.
9. In Article 6 (6), the words "and the bodies of the State 'shall be inserted after the words" the legal person' and the words "the founder 'shall be inserted after the word" the founder'.
10. In Article 7, the following paragraph 4 is inserted after paragraph 3:
"(4) A soldier may exceptionally be appointed to a lower rank than he has achieved in the course of the service."
Paragraphs 4 to 8 shall be renumbered paragraphs 5 to 9.
11. in Article 8, the following paragraph 5 is added:
"(5) The periods of service in rank prior to the appointment of a soldier to a lower rank than that which he has achieved in the course of the service shall remain credited to the soldier."
12. In Paragraph 11, the following paragraph 3 is inserted after paragraph 2:
"(3) A soldier may be suspended because of an interruption of his / her studies or his / her duties abroad in international and transnational organisations or bodies. ';
Paragraph 3 shall become paragraph 4.
13. in Paragraph 16 (1), including footnote (5a):
"(1) A soldier may be transferred for service to another place of service or under the authority of another service authority in the same place of service. Other place of service means the municipality, (5a) in which the soldier has a new place of service (" the place of transfer ').
5a) Act No. 128 / 2000 Coll., on Municipality (municipal establishment), as amended. '
14. In Article 16 (2), the words "or to the subordination of another service authority in the same place of service 'shall be inserted after the words" the performance of the service'.
15. in Article 17 (2), the words "fit for service" shall be inserted after the words "professional and" physical fitness. "
16. in Paragraph 18 (f), the following points (g), (h), (i) and (j) are added at the end of the dot:
"(g) the loss of citizenship of the Czech Republic,
(h) loss of medical fitness based on decisions of the Review Board, 6a)
(i) waiving or restricting legal capacity;
(j) cancellation in probationary period.
6a) § 36 of Act No. 218 / 1999 Coll. '
17.
Release from service
(1) A soldier must be discharged from service if:
(a) reach the retirement age laid down for men under special legislation, 7)
(b) fulfil the conditions for entitlement to an old-age pension under a special legislation, 7a, reaching the retirement age laid down for men under a special legislation, 7)
(c) no longer eligible for a service in the current service, except for medical reasons related to pregnancy, or under special legislation (9), is not eligible for another service in the current service and no other service in the current service;
(d) he has ceased to prepare for the performance of his duties by studying and there is no other classification;
(e) there is no other service classification as a result of organisational changes;
(f) has been convicted of an intentional offence for an unconditional custodial sentence;
(g) he has been convicted of a criminal offence and his stay in service would jeopardise the seriousness of the armed forces;
(h) it is not eligible for further service according to the conclusions of the staff evaluations;
(i) become a member of a political party, political movement or trade union;
(j) he shall pursue a gainful activity without the approval of the service authority or of the agent responsible under specific legislation, 9a) he shall be a member of the statutory or supervisory bodies of the legal persons engaged in the business, with the exception of membership of the statutory or supervisory bodies of non-building housing cooperatives set up to manage the housing fund, and of the legal persons and organisational bodies of the State of which the Ministry or another administrative office is the founder or founder;
(k) apply for discharge;
(l) the reasons for the termination of service under § 11 have ceased and the soldier does not continue in service under § 12 (2).
(2) The service relationship shall expire three calendar months after the date of service of the decision to discharge the service issued by the service authority, unless the agreement provides for a shorter period; This shall not apply to the termination of service referred to in paragraph 1 (a) and (b), when the service ceases to exist on the last day of the calendar month in which the soldier fulfilled the conditions for entitlement to the old-age pension, unless the agreement provides for a shorter period and under paragraph 1 (k), when the service ceases to expire six calendar months after the date of receipt of the application for release, unless the agreement provides for a shorter period. The service referred to in paragraph 1 (l) shall cease to exist 15 days after the day on which the soldier was to continue the service, unless there were serious reasons to prevent it. For the reasons referred to in paragraph 1 (g), a soldier must be discharged from service within 6 months of the date on which the service authority became aware of the final judgment, but not later than 1 year after the acquisition of the legal power of the judgment.
7) § 32 paragraphs 2 and 3 of Act No. 155 / 1995 Coll., on Pension Insurance.
7a) § 29 of Act No. 155 / 1995 Coll., as amended by Act No. 134 / 1997 Coll.
9) Act No. 148 / 1998 Coll., on the protection of classified information and on the amendment of certain laws, as amended.
9a) For example Act No. 455 / 1991 Coll., on Business Business (Trade Act), as amended. '
footnote 8 is deleted;
18. in Paragraph 20 (1), the words "A soldier may not be released from service" shall be replaced by the words "A soldier may not be released from service."
19. in Article 20 (1) (a), the words "sickness pay and" shall be deleted;
20. in § 20 (1) (b):
"(b) at the time of pregnancy of the female soldier, until the ninth month after birth, and at the time of nursing,"
21. in Paragraph 20 (1) (d), the word "spa" shall be inserted after the word "permit."
22. in Paragraph 20 (2), "(e) and (h)" shall be replaced by "(c), (f) and (i)";
23. After Paragraph 21, the following Section 21a is inserted:
Termination of a probationary service
A service body or a soldier may terminate the service during the probationary period without giving any reason. The service shall cease to exist on the last day of the calendar month in which the soldier received the decision of the service authority to cancel the service in the probationary period or in which the service authority received the written notification of the soldier to cancel the service in the probationary period. The decision or written notice of termination of service in the probationary period shall be notified to the other Party no later than 5 days before the date on which the service is to cease. ';
24. In Section 22 and paragraphs 1 and 2, the word "extinction 'is replaced by" discharge from'.
25. in Article 25 (3), the words "military medical" are replaced by the words "review."
26. in Paragraph 31 (1), the word "service" shall be deleted;
27. in Paragraph 31 (2), the word "service" shall be deleted;
28.
Short leave
Upon request, a soldier may be granted a short leave within 10 days of the calendar year to visit the family if he does not have an apartment in the municipality and cannot commute daily to the family. Short leave is provided on days that are the usual days of service of a soldier. A short leave cannot be granted to a soldier who receives a housing allowance. '
29. in Paragraph 41 (2), the words "the nursing soldier" shall be inserted after the words "the pregnant soldier."
30. In Paragraph 41, paragraphs 6, 7 and 8 are added:
"(6) A soldier who is pregnant, a soldier until the end of the ninth month after giving birth, and a soldier who is breast-feeding, shall not perform an activity that harms her body and an activity that endangers her mother's mission.
(7) A soldier who is pregnant, a soldier by the end of the ninth month after birth, and a nurse is required to notify and document to the service authority the facts relevant for the assessment of the prohibition of activity relating to its classification.
(8) In an agreement with the Ministry of Health, the Ministry sets out a decree of activity and workplaces which are prohibited by soldiers who are pregnant, soldiers who are pregnant by the end of the ninth month after birth and soldiers who are breastfeeding. "
31st Paragraph 47 (4) reads as follows:
"(4) A soldier shall not engage in the activity of a responsible agent under the specific legislation9a) or be a member of the statutory or supervisory bodies of legal persons engaged in business activities, with the exception of membership of statutory or supervisory bodies of non-building housing cooperatives established for the management of the housing fund, and of the legal persons and organisational bodies of the State whose establishment or founder is the Ministry or other administrative office."
32. in Paragraph 49 (d), at the end of the dot, the following point (e) is added:
"(e) acquaint soldiers with the military order and its changes."
33. In Paragraph 50, the following paragraph 3 is added:
"(3) The President, as Commander-in-Chief of the Armed Forces, shall lay down in the Military Regulations detailed arrangements for military disciplinary law. ';
34. In Paragraph 51 (2), the second sentence is replaced by the following sentence: "The disciplinary authorities shall discuss such an offence and impose penalties and safeguard measures under specific legislation. 15)."
35. In Paragraph 56, the words "or to execute the disciplinary sentence, if the sentence has been waived or" shall be deleted after the word "save."
36. In Article 59 (1) to (3), the words "the Czech Republic 'are replaced by the words" the Ministry'.
37. in Paragraph 59 (2), the word "obliged" shall be replaced by "obliged."
38. in Paragraph 59 (2) (e), the words "or flat" shall be deleted;
39. in Article 59 (3), the words "spouses," shall be inserted after the words "widows," and the words "or widows" shall be inserted after the words "widows."
40. In Article 60 (5), the first sentence is replaced by the following sentence: "The obligation to pay the costs shall cease if the service of a soldier has ceased to exist pursuant to § 18 (e), (f), (h) and (i) or § 19 (1) (a), (b), (c) and (e)."
41.Paragraph 61 (1) reads as follows:
"(1) In the municipality of the service or in the municipality from which daily commute is possible to the place of regular service, the Ministry shall provide the soldier for the duration of the service or may provide him with an apartment."
42.In Article 61 (3) (a) and (b):
"(a) has lost medical fitness as a result of an accident or occupational disease and his service has ceased under Paragraph 18 (h);
(b) he has been discharged from service under § 19 (1) (a) and (b), '.
43) Paragraph 61 (4) and (5), including footnote 17, read:
"(4) A soldier who does not reside in a service apartment in the municipality of his service or in a municipality from which daily commute is possible to the place of regular service is entitled to a monthly housing allowance (hereinafter referred to as" housing allowance "). The housing allowance is between 1.4 and 1.7 times the minimum wage (17) (hereinafter referred to as" coefficients') by municipality and by number of inhabitants living at the place of service. Entitlement to housing allowance shall cease when the service is terminated or after the assignment of the service flat in the municipality of the service of the soldier or in the municipality from which daily commute to the place of regular service is possible. The allowance for housing does not apply to a soldier if, without serious reasons, he refuses a ministry-guaranteed service apartment; he is also not a candidate during his term of service, in probationary period, for the duration of the service referred to in Article 11, or if he is paid by the Ministry for the rent of an apartment at the place of regular service abroad. A soldier who is entitled to a housing allowance is not entitled to compensation as in the course of a business trip or a daily commute allowance.
(5) A soldier who is on duty in a village where he does not live in a service apartment and where the transport links do not allow daily commuting to a regular place of service, the Ministry will provide accommodation for payment.
17) Paragraph 111 (3) of the Labour Code. Government Decree No. 303 / 1995 Coll., on minimum wage, as amended. '
44. In Paragraph 61, paragraphs 6 to 9 are added:
"(6) The accommodation is provided free of charge to a soldier who prepares to perform his duties by studying. The accommodation shall be secured from the date of commencement of the study to the date of completion; is not secured when travelling and staying outside a military school which is not in the interest of the armed forces and during the time of proper and short leave.
(7) Free accommodation is provided for the soldier during the mission and departure.
(8) The accommodation is provided in military accommodation facilities, which can exceptionally be provided in the accommodation of another operator.
(9) The Government shall determine by regulation the categories of municipalities of service and the coefficients for calculating the housing allowance. The multiples are rounded up to the whole hundred crowns. The government shall adjust the rate of the coefficients whenever the minimum wage is changed by regulation. '
45. in Paragraph 62, the words "his wife and dependent children" shall be replaced by the words "and his family."
46. In Paragraph 66, the following paragraph 3 is added:
"(3) The right to a salary or reimbursement shall not arise for a soldier posted to a service abroad, provided that the salary is provided by means of an international or transnational organisation or body. ';
47.Paragraph 68 (2) reads as follows:
"(2) The soldier shall be obliged to pay back the salary paid for the period of full leave or part thereof to which he or she has lost his or her entitlement. '.
48. In Paragraph 69 (1), "15 000 'is replaced by" 30 000' and "80 000 'is replaced by" 130 000'.
49. in Paragraph 69 (2):
"(2) A recruitment allowance may be granted to a soldier if he undertakes to return a paid recruitment allowance or a proportion thereof, if his service ceases before the expiry of the term of service provided for in paragraphs 18 (c) and (d) or 19 (1) (f) to (l). ';
50. In Article 69, the following paragraph 5 is added:
"(5) From the awarded recruitment allowance, 20% shall be paid to the soldier after 6 months of service, but first after the probationary period, 30% after 12 months of service and 50% after 24 months of service. '
51.
The Ministry shall determine by decree the amount of the recruitment allowance according to the educational attainment and the duration of the service. ';
52. in Article 71 (5) and (6), including footnotes 22), 22a), 22b) and 22c):
"(5) For the purposes of this Act, a soldier's family shall be considered to have permanent residence in the territory of the State and live with a domestic soldier (22) his wife (spouse) or mate (species) and unmarried children, namely his own children, adopted children or children entrusted to foster care or education. For the purposes of this Act, a child defined by a specific legislation shall be considered as an uninsured child. 22a) The spouse (s) shall be taken into account as the person assessed according to the first sentence only if he lives with a domestic soldier for at least 3 months and if he is registered at the address of the soldier for permanent residence. 22b)
(6) Community of the service means the territory of the municipality, 22c) in which a military object, military unit or military facility or military rescue unit is dislocated or in which a soldier is assigned.
22) Article 115 of the Civil Code.
22a) § 11 of Act No. 117 / 1995 Coll., as amended.
22b) Act No. 133 / 2000 Coll., on the registration of residents and birth numbers and on the amendment of certain laws (Act on the registration of residents), as amended by Act No. 2 / 2002 Coll.
22c) § 18 et seq. of Act No. 128 / 2000 Coll. '.
53.In Paragraph 72 (1) (e):
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Regulation Information
| Citation | Act No. 254 / 2002 Coll., amending Act No. 221 / 1999 Coll., on Occupational Soldiers, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 28.06.2002 |
|---|---|
| Effective from | 28.06.2002 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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