Decree of the Ministry of Defence No. 113 / 1996 Coll.
Decree of the Ministry of Defence implementing certain provisions of Act No. 76 / 1959 Coll., on certain service conditions of soldiers, as amended
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Order
Effective from 02.05.1996
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02.05.1996
30.04.1996
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113
DECLARATION
Ministry of Defence
of 12 April 1996
implementing certain provisions of Act No. 76 / 1959 Coll., on certain service conditions of soldiers, as amended
The Ministry of Defence provides, pursuant to § 5 (2), § 10 (1), § 33d (7) and in agreement with the Ministry of Labour and Social Affairs and the Ministry of Health pursuant to § 12c (3) and in cooperation with the Ministry of Finance pursuant to § 29a (4) of Act No. 76 / 1959 Coll., on certain service conditions of soldiers, as amended by Act No. 228 / 1991 Coll. and Act No. 226 / 1992 Coll., ("the Act '):
COMPETENT REQUIREMENTS FOR THE APPROACH TO THE HIGH MILITARY RATE
(K § 5 (2) of the Act)
(1) Professional requirements for appointment or promotion to a higher military rank (1) (hereinafter referred to as "rank") mean the fulfilment of the qualifications required for the performance of the function for which a rank is planned.
(2) The qualification requirement for the purposes of this decree is the degree of education obtained, the completion of a military school or course. Military course means short-term preparation at a military school or other facilities of the Army of the Czech Republic for at least two weeks.
(1) The professional requirements for the promotion to the rank of a Lance Corporal are met by soldiers who have successfully completed primary school.2)
(2) Professional requirements for appointment or promotion
(a) the corporal is met by soldiers who have successfully completed primary school and have completed a junior or military course;
(b) the sergeant, intended for a function of a predominantly manual nature, fulfils the training with a successfully completed primary school which has passed the proficiency test laid down in the special regulation (m3) and the subofficer's school or military course;
(c) soldiers with a secondary vocational training obtained in a military secondary vocational school or soldiers with a secondary vocational training obtained in a non-military secondary vocational school who have completed a sub-officer's school or military course.
(3) The professional requirements for appointment to the rank of sergeant and promotion to the rank of master of staff meet:
(a) soldiers with secondary vocational training obtained in a military secondary vocational school;
(b) soldiers with secondary vocational training obtained in a non-military secondary vocational school who attended a battalion school or military course.
(4) The professional requirements for the promotion to the rank of Ensign, Ensign and Ensign are met by soldiers with full secondary or full secondary vocational training who took a military course.
(5) The professional requirements for appointment to the rank of Lieutenant and promotion to the rank of Lieutenant and Lieutenant are met by soldiers with full secondary or full secondary vocational training who have completed an officer's school or military course.
(6) The professional requirements for appointment to the rank of Lieutenant and promotion to the rank of Lieutenant to Captain are met by:
(a) soldiers with a completed content-integrated part of higher education (4) in a military university;
(b) soldiers with a completed content-integrated part of a higher education degree in a non-military university who have completed a military course.
(7) The professional requirements for appointment to the rank of lieutenant and promotion to the rank of lieutenant and captain are met by:
(a) soldiers with completed university studies (5) in a military university;
(b) soldiers with completed university studies in a non-military university who took a military course.
(8) The professional requirements for appointment to the rank of lieutenant meet:
(a) soldiers with completed university studies in a military university which, according to the Statute of Higher Education (6), lasts at least six years;
(b) soldiers with completed university studies in a non-military university which, according to the Statute of the College, lasts at least six years and who have completed a military course.
(9) The professional requirements for the promotion to the rank of Major until the Colonel are met by soldiers with completed university studies who took a military course.
(10) The professional requirements for appointment or promotion to lower rank are also met by soldiers who meet the professional requirements for appointment or promotion to higher rank.
(11) The professional requirements for the appointment and promotion of soldiers in reserve to rank are also considered to be met if these soldiers have received an education in a non-military school and their expertise is in line with the needs of the Army of the Czech Republic.
SELECTION PROCEDURE
(Paragraph 10 (1) of the Act)
Announcement of a selection procedure
(1) The Defence Minister shall declare the selection procedure for the functions to be provided if they are free or released within three months of the publication of the invitation to tender.
(2) The decision to award the selection procedure is published. The decision shall include:
(a) the title of office, place of service and the performance of duties;
(b) qualifications and requirements for the performance of functions, including the required period of adequate experience;
(c) health requirements;
(d) the grade and rank that is planned for the function or, where applicable, the margin of the charge for the management, in the case of the management function;
(e) the envisaged term of the term of office,
(f) a list of the documents which the tenderer is obliged to attach to the application,
(g) the address to which the tender application is sent;
h) the start date of interviews under the selection procedure;
(ch) the time limit for receipt of the application, which shall not be less than one month from the publication of the invitation to tender and one month before the opening of the interviews under the invitation to tender.
Commission for the selection procedure
The Defence Minister shall designate a selection committee (hereinafter referred to as "the Commission ') with an odd number of members, but not less than five. The Commission shall be represented by a commander whose mandate is in place, experts in the field concerned and a psychologist.
Duration of the selection procedure
(1) The Commission shall evaluate the documents submitted by the tenderer. If he finds that the documents are incomplete, he shall invite the tenderer to complete them within a reasonable time. Only those tenderers who submit all the documents required under Article 3 (2) (f) shall be included in the selection procedure.
(2) The selection procedure is conducted by interview. In the context of an interview, the applicant may, depending on the nature of the required professional competence, enter the written processing of the brief task at the specified time or otherwise verify its competence.
(3) On the basis of the evaluation of the results of the selection procedure and the evaluation of each candidate, the commission shall recommend by a majority of the votes which the tenderers are able to perform the full function.
(4) The President of the Commission shall, within seven days of the end of the selection procedure, inform the commander of the results of the selection procedure. Within 14 days of the date of notification, the master shall inform the tenderers in writing whether or not they have been recommended for this function and shall inform them of how he has decided to fill the post.
TRAINING AND DIFFICULT HEALTH SERVICES
(K § 12c (3) of the Act)
The service of professional soldiers who:
(a) are exposed to significant adverse effects of ionising radiation in the course of their employment;
(b) are exposed to a direct risk of infection in the course of their employment;
(c) are exposed to significant adverse effects of electromagnetic radiation in the performance of their duties;
(d) are exposed to an equivalent noise level of more than 85 dB (A) in the course of work;
(e) engage in direct treatment or service of patients with mental illness in the part of the psychiatric ward of hospitals to at least half the specified weekly period of employment;
(f) perform jobs as divers at increased pressure in suits or perform kesonation work in compressed air in chambers,
(g) engage as pyrotechnicians or carry out other pyrotechnic works;
(h) engage in peacekeeping and United Nations missions.
(1) Employment in which professional soldiers are exposed to significant adverse effects of ionising radiation is employed in workplaces with both open and closed radiators and sources of ionising radiation, including the supervisory activity of radiation protection bodies, where three-tenth of the maximum permitted doses for workers may be or are exceeded or where average dose equivalents close to the maximum permitted doses are repeatedly achieved.
(2) Employment in which professional soldiers are exposed to a direct risk of infection is employment at specialised health or veterinary centres intended for the collection, processing and disposal of material containing or transmissible to human pathogens or biological or other material from the presence of such embryos of the suspect. In addition, employment at workplaces intended for the investigation, treatment, treatment, transport and provision of other needs of patients with infectious diseases or carriers of germ diseases in direct contact with them or with infectious material from them. The risks of the disease are also exposed to professional soldiers in carrying out epidemiological and epidemiological investigations in outbreaks of the disease, in carrying out outbreak disinfection, disinsecting, deratizing and in the course of employment in direct contact with biological waste water and waste.
(3) A job where professional soldiers are exposed to significant adverse effects of electromagnetic radiation is a job where they are exposed to high and very high frequency electromagnetic radiation (part of the frequency spectrum of electromagnetic waves limited by 100 MHz to 300 000 MHz, corresponding to a wavelength of 3 m to 1 mm).
_
(Paragraph 29a (4) of the Law)
Agreement on secondment to study
An agreement on secondment to study (hereinafter referred to as "the Agreement ') shall be concluded by the head of the department on behalf of the Ministry of Defence in writing with any professional soldier to be seconded to study in schools or other educational establishments (hereinafter referred to as" schools') if the study in the Czech Republic exceeds a period of three months or abroad for a period of four weeks. The agreement is the basis for the decision on the secondment to study and, where appropriate, for the payment of the money7) The Ministry of Defence, if the school concerned demands payment.
Obligation to service
(1) The obligation to remain in the service of the professional soldier after completion of the studies covered by the Agreement (hereinafter referred to as "the undertaking") is laid down:
(a) for daily studies in schools in the Czech Republic for twice the duration of the study but not more than 10 years,
(b) for studies abroad for a period of five times the duration of the study but not more than 10 years;
(c) for study at work for a period of one times the duration of the study.
(2) Implementation of the undertaking takes place on the first day of the calendar month following the end of the study. If an earlier obligation to remain in service was not fulfilled, the performance of the obligation shall not occur until the earlier obligation has been fulfilled. The period of study from which an undertaking arises shall be counted only once, and only in the performance of an earlier commitment.
(3) The duration of the study is the period from the date of commencement of teaching at the school concerned to the end of the course.
(4) The end of the study shall be for the purposes of determining the length of the commitment, the completion of the prescribed examinations, the issue of the certificate of completion of the course, the exclusion from the course, the release from the study, leaving the study or termination of service.
(5) The length of the commitment is rounded to the full calendar month. A period exceeding 15 days shall be considered as a full calendar month, 15 days and less shall not be taken into account.
Compensation for non-compliance
(1) The reimbursement of costs incurred in preparing an occupational soldier sent to study (hereinafter referred to as "reimbursement of costs") in failure to fulfil the obligation assumed shall be for each month of study in the Czech Republic
a) during daily studies
1. command branches of the university and in language courses 2000 CZK,
2. technical, economic and social fields of higher education, postgraduate studies 8) and other (complementary) education at higher school 9) 3000 CZK,
3. medical, pharmaceutical or technical fields of the university associated with training of pilots and flight ducts 4000 CZK,
4. in other cases 1500 CZK;
(b) when studying at work
1. in university, postgraduate studies and other (complementary) education at university 1000 CZK,
2. in other cases 600 CZK.
(2) The reimbursement of the costs of failure to fulfil the obligation assumed shall be five times the amounts referred to in paragraph 1 (a) and (b) for each month of study abroad.
(3) The reimbursement of the costs referred to in paragraphs 1 and 2 shall be increased when studying in a school other than a military school in the Czech Republic and when studying abroad by the amount of money paid to schools by the Ministry of Defence.
(4) If an occupational soldier does not enter a school other than a military school in the Czech Republic or abroad for no serious reason, he shall be obliged to reimburse the amount of money or part of it paid to the school by the Ministry of Defence if that amount or part of it is not returned to the Ministry of Defence.
(5) The reimbursement of the costs which the soldier of the profession is obliged to pay shall be determined on the basis of the total amount of costs calculated in accordance with paragraphs 1 or 2 or 3, by the ratio of the outstanding commitment to the liability assumed.
(6) At the request of the debtor, the reimbursement of the costs determined in accordance with paragraph 5 may be reduced to half. In doing so, account shall be taken of the reasons for the failure to fulfil the obligation, the property and social circumstances of the debtor and his family.
(7) At the request of the debtor, the reimbursement of costs may be waived in whole or in part if its nutrition is threatened and it is clear from all circumstances that an improvement in its social situation cannot be expected.
Details of the course of service of professional soldiers sent to study
Recruitment during studies
(1) Professionals seconded to study for more than one year are granted regular leave during the course of their studies in accordance with curriculum or study programmes.
(2) Vocational soldiers sent to study for a period of less than one year shall not be granted proper leave during their studies.
Study leave
A study leave of 15 days shall be granted for the preparation and conduct of recruitment tests for professional soldiers.
(1) Occupation leave shall be granted to professional practitioners in secondary schools in the
(a) three hours a week to study;
(b) set out in the curriculum for each school year for participation in study centres;
(c) three days in each school year to prepare and carry out tests;
(d) 20 days for preparation for the graduation exam and for its execution.
(2) Professionals who study in higher vocational schools or in conservatory after graduation are granted a sabbatical in the scope of:
(a) three hours a week to study;
(b) set out in the curriculum for each school year for participation in study centres;
(c) five days in each school year for the preparation and performance of examinations;
(d) 20 days for preparation and discharge.
(3) Occupational soldiers who study in higher education are granted leave of study in the
(a) 14 days in each school year to study,
(b) a fixed study programme for each school year to participate in study centres;
(c) two days to prepare and carry out each test;
(d) 30 days for the preparation and performance of an examination involving the completion of the content of a comprehensive part of higher education;
(e) 80 days for the preparation and performance of a state examination involving the completion of a university degree.
(4
(a) set out in the curriculum or study programme for each school year to participate in study centres;
(b) two days to prepare and carry out each test;
(c) 20 days for processing and defending the final work.
(5) Professionals who study in post-graduate studies are granted leave of study in the
(a) a programme of study for each school year to participate in lecture courses;
(b) two days to prepare and carry out each test;
(c) 40 days for the processing of dissertation, its defence and the preparation and execution of a rigorous test.
(1) Professionals and lonely professional soldiers who care for at least one child under 16 years of age and who are entitled to study leave under § 13 shall be granted a further five-day leave of study in each school year.
(2) The study leave provided for the number of hours per week may, in agreement with the superior, be combined and drawn at the same time, but not more than four weeks. The study leave determined by the number of days shall be drawn on working days.
(3) Study leave can only be taken in the relevant school year. Only study leave for the preparation and completion of examinations may be transferred to another school year.
(4) The study leave shall not be granted for preparation for the repair test.
(5) Study leave shall be suspended if the professional soldier is at this time unable to work for sickness or accident. If the incapacity persists for more than four weeks, the professional soldier shall be entitled to a study leave provided for by the number of hours per week, but not more than four weeks.
(6) The study leave laid down in the number of hours per week shall not be for an occupational soldier for the duration of a proper holiday.
DETAILS ON MONEY BENEFITS, ORGANISATION AND MANAGEMENT
(K § 33d (7) of the Act)
Co-operation of the service allowance and pension
(1) In the first application of the right to a service allowance, if the conditions for entitlement to an old-age pension, a full invalidity pension or a partial invalidity pension are met, the service allowance shall be paid under the conditions laid down in Paragraph 33 (5) of the Law from the day following the date of termination of service.
(2) If the beneficiary of one of the pensions claims a service allowance, the service allowance shall be paid at the earliest from the first day of the following calendar month, under the conditions and at the amount due from the following day following the date of termination of service, plus any increases that would have been due from that date. However, where entitlement to a pension or payment of a pension ceases to exist, the service allowance shall be paid as from the day following the date on which the entitlement to the pension or its payment expires, subject to the conditions and at the rate specified in the preceding sentence.
Co-operation of the service contribution and the service allowance
(1) If, at the end of the service, the service allowance provided for in Section 33 of the Act is equal to the service allowance provided for in other regulations, the service allowance shall be paid.
(2) If the entitlement to a contribution from another service is cancelled only because it was subject to Paragraph 33 (6) of the Act, the service allowance under this Act shall be paid from the day following the date of expiry of the entitlement to another service, under the conditions and at the amount due from the day following the date of termination of service under this Act, plus any increases which would have been due to it from that date, provided that the entitlement to the service allowance is maintained under the conditions set out in Section 33 (1) of the Act.
Negotiation of entitlement to the service allowance, death and severance grants
(1) The service allowance shall be discussed on request.
(2) Wives and children entitled to an orphan's pension are paid without application. Deaths to other surviving children, members, parents, siblings and persons who have raised or cared for a deceased professional soldier or his children before death shall be paid upon request.
(3) The death penalty is paid by the Military Social Security Office.
(4) Departure shall be paid without application.
Common provisions
(1) Where sickness benefits are paid in the last calendar month of the period of service, the amount of cash benefits on the salary which would have been due had the sickness not been paid.
(2) If, in the last calendar month of service, there was a reduced (reduced) salary, the amount of cash benefits on the salary that would have been payable should it not have been reduced (reduced).
(3) If, before the termination of service, the professional soldier has been suspended under the provisions of Paragraph 25 (2) of the Act and the professional soldier has not continued in the service after the termination of such interruption, the last calendar month of service shall be deemed to be the last calendar month before that interruption.
(4) The amount of salary for the calculation of cash benefits to an occupational soldier who has worked abroad during the last month of his service shall be calculated on the basis of the salary of a comparable function in the Army of the Czech Republic.
(5) Variable allowances and remuneration are those components of salary which are not fixed in advance for the monthly period and which are covered by specific provisions. 10)
(1) The service allowance shall be paid from the day following the day of termination of service.
(2) The severance pay shall be paid by the department in which the professional soldier last worked, together with the last salary paid to the retired professional soldier for the last month of employment. If the severance payment is not paid in this way within three days of the due date, the service shall return the amount not paid to the service responsible for the liquidation of the salaries from which it received the amount. This unit will secure the payday.
TRANSITIONAL AND FINAL PROVISIONS
Transitional provisions
The duration of the obligation to remain in the service of the professional soldier after completion of the studies initiated before the entry into force of this Order and the reimbursement of costs in the event of failure to comply with the obligation taken over shall be governed by the legislation in force at the time of commencement of the study.
Final provisions
The Federal Ministry of Defence Decree No. 557 / 1992 Coll., implementing certain provisions of Act No. 76 / 1959 Coll., on certain service conditions of soldiers, as amended, is hereby repealed.
This Decree shall take effect on 2 May 1996.
Minister:
RNDr. Holán v. r.
1) Article 4 of Act No. 76 / 1959 Coll., on certain service conditions of soldiers, as amended by Act No. 228 / 1991 Coll.
2) Paragraph 19 (1) of Act No. 29 / 1984 Coll., on the System of Primary Schools, Secondary Schools and Higher Vocational Schools (Education Act), as amended by Act No. 138 / 1995 Coll.
3) For example, the Federal Ministry of Interior Decree No. 174 / 1980 Coll., on the conduct of examinations on the competence of applicants for a driving licence.
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Regulation Information
| Citation | Decree of the Ministry of Defence No. 113 / 1996 Coll., implementing certain provisions of Act No. 76 / 1959 Coll., on certain service conditions of soldiers, as amended |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.04.1996 |
|---|---|
| Effective from | 02.05.1996 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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