Decree of the Ministry of Justice No. 100 / 1993 Coll.
Ordinance of the Ministry of Justice on the ordering of the on-call of judges of regional and district courts, judicial candidates and on the ordering of the on-call of staff of the professional apparatus of regional and district courts
Valid
Effective from 19.03.1993
100
DECLARATION
Ministry of Justice
of 5 March 1993
on the ordering of on-call time of judges of county and county courts, judicial candidates and on the ordering of on-call time of staff of the professional apparatus of county and county courts
According to Articles 95 (2) and 123 (2) (b) and (4) of the Labour Code, the Ministry of Labour and Social Affairs provides for:
This decree provides for the order of the on-call time of judges of county and county courts, judicial candidates and the order of the on-call time of staff of the professional apparatus of regional and district courts.
Judge's work emergency
(1) In order to ensure, where necessary, the obligations laid down in Sections 39, 69, 77 and 83 of the Code of Criminal Procedure, the Court of Justice of the District and District Court (hereinafter referred to as "the Court of Justice ') shall be required to stay at a pre-arranged place of business.
On behalf of the organisation3), the President of the Court shall order the emergency, according to a schedule which shall normally be set three months in advance. The alert shall begin one hour after the end of the working hours and end one hour before the start of the working hours set for the following day or for the day following the day of work. 4) The beginning and end of the alert may be adjusted by derogation if circumstances or local conditions so require.
(1) The alert is ordered equally to the judges working in the criminal section. Should the alert fall on judges more frequently than once every four weeks or for any other important reason, the alert shall also be ordered for judges operating in other sections.
(2) The emergency procedures shall be followed according to the schedule set.
(3) When ordering an emergency, account must be taken of the interests of women and lonely men who care for minors. Emergency measures may not be imposed on pregnant women and women who care for children under one year of age. 5)
On-call alert for a judicial candidate
(1) An emergency may be ordered by the President of the Court on behalf of the organisation3), in justified cases, also to a judicial candidate. It is the duty of the judicial officer to stay in a pre-agreed place so that, where necessary, he can provide the necessary work to the judge designated in accordance with § 2 when carrying out the relevant actions.
(2) Paragraph 3 of Section 4 (3) shall apply mutatis mutandis to the emergency of a judicial candidate.
Professional equipment staff on call
(1) An emergency may be ordered on behalf of the organisation3) by the President of the Court and by the staff of the expert centre. The obligation of a staff member of a professional establishment shall be to stay at a pre-agreed place in order to provide, where necessary, the necessary work with the judge designated in accordance with Article 2 when carrying out the relevant tasks.
(2) Paragraph 3 and Section 4 (3) shall apply mutatis mutandis to the alert of staff of the professional apparatus.
Final provisions
The decree of the Ministry of Justice of the Czech Republic No. 131 / 1992 Coll., on the ordering and remuneration of on-call time of judges, judicial candidates and staff of the professional apparatus of regional and district courts is hereby repealed.
This decree shall take effect on the day of its publication.
Minister:
JUDr. Novák v. r.
1) § 35 of Decree of the Ministry of Justice of the Czech Republic No. 37 / 1992 Coll., on Rules of Procedure for Regional and Regional Courts.
2) Act No. 141 / 1961 Coll., on Criminal Procedure of the Court (Criminal Code), as amended (Complete version No. 158 / 1992 Coll.).
3) Paragraph 95 (1) of the Labour Code.
4) § 91 of the Labour Code.
5) Section 156 of the Labour Code.
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Regulation Information
| Citation | Decree of the Ministry of Justice No. 100 / 1993 Coll., on the ordering of the on-call time of judges of county and county courts, judicial candidates and on the ordering of the on-call time of staff of the professional apparatus of county and county courts |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 19.03.1993 |
|---|---|
| Effective from | 19.03.1993 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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