Decree No. 107 / 2019 Coll.
Decree amending Decree No. 54 / 2005 Coll., on the requirements of bankruptcy proceedings and bankruptcy committees
Valid
Order
Effective from 01.05.2019
Text versions:
01.05.2019
16.04.2019
107
DECLARATION
of 4 April 2019
amending Decree No. 54 / 2005 Coll., on the formalities for the bankruptcy proceedings and the bankruptcy committees
The Ministry of Education, Youth and Sports provides pursuant to § 166 paragraph 7 of Act No. 561 / 2004 Coll., on Pre-School, Basic, Medium, Higher Vocational and Other Education (Education Act), as amended by Act No. 472 / 2011 Coll. and Act No. 178 / 2016 Coll.:
Decree No. 54 / 2005 Coll., on the formalities for the bankruptcy proceedings and the bankruptcy committees, is amended as follows:
1. In Article 1 (1), the words "to the office 'are replaced by the words" to the head office'; the words "bankruptcy proceedings' (hereinafter" bankruptcy ') are replaced by the words "bankruptcy'; the words" bankruptcy 'are replaced by the words "bankruptcy proceedings'.
2. In Article 1 (2), the words "staff member of the founder 'are replaced by the words" natural person appointed by the founder'.
3. Paragraph 2 (1) to (3) reads as follows:
"(1) In the event of bankruptcy proceedings, members of the Commission shall be appointed as head of a legal person operating a school established by the Ministry of Education, Youth and Sports (1):
(a) two members designated by the founder;
(b) 2 members who are experts in the field of public administration, organisation and management in education by type and type of school or school establishment, HR or psychologist, designated by the Czech school inspection,
(c) 1 member who is a pedagogical worker (2) of the relevant legal person operating the school, designated by secret choice of the pedagogical board, in which he obtains an absolute majority of the votes of all the members of the pedagogical board present;
(d) 1 member of the School Inspector of the Czech School Inspection, and
(e) 1 member who is a member of the school countries3) elected by the legal representatives of undergraduate pupils and adult pupils or students designated by the selection of the school board, if established; if only 1 member is elected to the school board as a legal representative of minors and of an adult or a student, that member shall be deemed to be designated.
(2) The following are appointed members of the Commission in the event of bankruptcy proceedings for the head of a legal person operating in a school established by the countries4):
(a) two members designated by the founder;
(b) 1 Member designated by the Regional Office;
(c) 2 members who are experts in the field of public administration, organisation and management in education by type and type of school or school establishment, HR or psychologist, designated by the Czech school inspection,
(d) (1) a member who is a pedagogical worker (2) of the relevant legal person operating the school, designated by secret choice of the pedagogical board, in which he obtains an absolute majority of the votes of all the members of the pedagogical board present;
(e) 1 member of the school inspector of the Czech School Inspection, and
(f) 1 Member who is a member of the school countries3) elected by the legal representatives of undergraduate pupils and adult pupils or students designated by the selection of the school board, if established; if only 1 member is elected to the school board as a legal representative of minors and of an adult or a student, that member shall be deemed to be designated.
(3) In the event of bankruptcy proceedings, members of the Commission are appointed as head of a legal person engaged in the activities of a school established by a municipality or a voluntary association of citizens (4):
(a) two members designated by the founder;
(b) 1 Member designated by the Regional Office;
(c) 2 members who are experts in the field of public administration, organisation and management in education by type and type of school or school establishment, HR or psychologist, designated by the Czech school inspection,
(d) (1) a member who is a pedagogical worker (2) of the relevant legal person operating the school, designated by secret choice of the pedagogical board, in which he obtains an absolute majority of the votes of all the members of the pedagogical board present;
(e) 1 member of the school inspector of the Czech School Inspection, and
(f) 1 Member who is a member of the school countries3) elected by the legal representatives of undergraduate pupils and adult pupils or students designated by the selection of the school board, if established; where only 1 member is elected to the school board as legal representative of minor pupils and of adult pupils or students, that member shall be deemed to be designated. ';
4. in Article 2 (6) (a) and (b), the word "bankruptcy" is replaced by "bankruptcy proceedings."
5. In Article 2, the following paragraph 7 is added:
"(7) The founder will ask for the appointment of a member of the Commission in due time before the bankruptcy of the Czech School Inspection Office, the Education Board, the School Board and the Regional Office. Unless the Education Board or the Education Board designates a member of the Commission no later than 30 days after the submission of the request by the Director or if the designated member refuses to perform the duties, it shall appoint a member of the Commission to whom the educator of the relevant legal person carrying out the activities of the School or a member of the School Board is the founder. ';
6. The title above Section 3 reads:
"Forms of bankruptcy proceedings."
7. in Article 3 (a), the words "the name of the function and" shall be replaced by the words "the title of the head of post and the title and seat" and the words "where the function is to be exercised" shall be deleted;
8. in Paragraph 3 (b), the words "the function provided for by a separate law, 6)" shall be replaced by the words "the activities of the Director under another law."
footnote 6 is deleted.
9. In Article 3, the current text becomes paragraph 1 and the following paragraph 2 is added:
"(2) The notice of the announcement of the bankruptcy procedure shall also include an indication that the tenderers may be evaluated on the basis of a staff selection instrument other than the managed interview referred to in Article 5 (1) (" the supplementary evaluation '), if used in the bankruptcy, and a framework description thereof.'.
10. in Article 4 (4) and (5):
"(4) The Commission will assess whether the applications comply with the requirements laid down in Article 3 (1) (b) and (d) and decide whether to use the supplementary evaluation if it has been mentioned in the notification referred to in Article 3 (2). An application filed late and an application not complying with the requirements laid down in § 3 (1) (b) and (d) shall be returned by the President of the Commission to the tenderers without further discussion and stating the reason for the recovery. The applicant shall no longer participate in the insolvency proceedings.
(5) The Commission will send an invitation to the tenderer no later than 14 days before the date of the bankruptcy, indicating the place, date and hour of the bankruptcy, by registered consignment with a date of withdrawal, to the address communicated by the tenderer in the application or to the data box if the tenderer has indicated it in the application or to the e-mail address of the tenderer if the tenderer has indicated it in the application. The invitation to audition shall also include information on the content and conduct of the supplementary evaluation if it is used in the bankruptcy. ';
11. in Paragraph 5 (1):
"(1) The Commission shall assess the suitability of the candidate for the performance of the activities of the Director on the basis of an application, a controlled interview focused in particular on the pedagogical aspects of the work of the Director of the School, the pedagogical concept of the candidate, his ideas of the management of the teaching body, knowledge of trends in education and education and the ability of conceptual work in the field of education, education and education, and on the basis of supplementary evaluation, if used. The controlled interview takes at least 15 minutes and 60 minutes. After the management talks have been completed, the Commission shall request expert advice from experts invited under Article 2 (5). ';
12. in Article 5 (2), the words "the results of the tenderer in particular in his or her functions" shall be replaced by the words "working results in particular" and the words "the knowledge test";
13. in Article 5 (3), the word "function" shall be replaced by "activities of the Director."
14. in Article 5 (6), "declare" shall be replaced by "notify."
15. in Article 5 (6), the words "in accordance with Article 4 (5)" shall be inserted after the word "in the form."
16. in Article 6 (1) (c), the words "present at bankruptcy" shall be deleted;
17. in Article 6 (1), "bankruptcy" is replaced by "bankruptcy proceedings" and "function" is replaced by "activities of the Director."
18. in Article 6 (1) (g), the words "questions of the knowledge test" shall be replaced by the words "information on the content and course of the supplementary evaluation" and the words "used" shall be replaced by "used."
19. in Paragraph 6 (2), the word "President" shall be replaced by "Secretary."
Transitional provision
The provisions of Decree No. 54 / 2005 Coll., on the formalities for the bankruptcy proceedings and the bankruptcy commissions, as effective before the date of the entry into force of this Order, shall apply to the bankruptcy procedures announced before the date of entry into force of this Order.
Efficacy
This decree shall take effect on the 15th day following its publication.
Minister for Education, Youth and Sports:
Ing. Plaga, Ph.D., v. r.
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Regulation Information
| Citation | Decree No. 107 / 2019 Coll., amending Decree No. 54 / 2005 Coll., on the requirements of bankruptcy proceedings and bankruptcy committees |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 16.04.2019 |
|---|---|
| Effective from | 01.05.2019 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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