Act No. 122 / 2012 Coll.
Act amending Act No. 221 / 1999 Coll., on Professional Soldiers, as amended
Valid
Effective from 01.06.2012
122
THE LAW
of 22 March 2012
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., Act No. 129 / 2002 Coll., Act No. 254 / 2002 Coll., Act No. 309 / 2002 Coll., Act No. 362 / 2003 Coll., Act No. 546 / 2005 Coll., Act No. 189 / 2006 Coll., Act No. 261 / 2007 Coll., Act No. 305 / 2008 Coll., Act No. 375 / 2011 Coll., Act No. 470 / 2011 Coll., is amended as follows:
1. In Paragraph 8, the following paragraph 2 is inserted after paragraph 1:
"(2) In the rank group of waiters, the shortest period of service in the rank of corporal, corporal, sergeant, sergeant, sergeant, sergeant and master sergeant is 1 year. Pending the performance of the service in rank as referred to in paragraph 1, the period of service shall not be counted in the ranking body of the candidates. ';
Paragraphs 2 to 4 shall become paragraphs 3 to 5.
2. Paragraph 31 (2) reads as follows:
"(2) The duration of intensive military training shall be included in the basic weekly period of service. During intensive military training, the provisions on the distribution of the basic weekly duty period, on continuous rest between services, on continuous rest in the week and on breaks in service shall not apply. ';
3. Paragraph 38 (1), including footnote 12, reads as follows:
"(1) Upon request, a soldier shall be granted parental leave to the extent specified for staff members in employment under special legislation12).
12) Sections 196 to 198 of the Labour Code. '
4. In Paragraph 55, "30 'is replaced by" 60'.
5. In Paragraph 59, at the end of paragraph 2, the dot is replaced by a comma and the following point (i) is added:
"(i) under the conditions in which the task is carried out, ensure adequate contact with persons close to them for soldiers seconded to a foreign operation."
6. in Paragraph 67 (2) (e), "12" is replaced by "6."
7. Article 78 shall be deleted, including the title.
8. In Paragraph 91, the following sentence is added at the end of paragraph 2: "A soldier whose service has ceased to exist under § 18 (c) or (d) or under § 19 (1) (f) to (m) before the expiry of 2 years from the date of service shall be obliged to pay the Ministry in cash a proportion of the cost of the military equipment issued; the period of disposition referred to in Article 10 (2) (b) to (i) shall not be counted until 2 years. The amount of cash compensation shall be calculated as the product of the monthly monetary amount of the costs of military equipment and the number of months outstanding. ';
9. At the end of § 93, the words "and the monetary amount of the costs of military equipment 'are added.
10. in Article 99, the following points (b) and (c) are inserted after point (a), including footnote 50:
"(b) not to take alcoholic beverages and not to abuse other addict50) in military premises, and at the time of service and beyond, not to enter into service under their influence, and to be subjected to the detection of whether they are under the influence of alcohol or other addictive substances;
(c) not to smoke in military objects, except reserved areas;
50) Act No. 167 / 1998 Coll., on addictive substances and amending some other laws, as amended. Act No. 379 / 2005 Coll., on measures to protect against damage caused by tobacco products, alcohol and other addictive substances and on amending related laws, as amended. '.
Points (b) and (c) shall be renumbered (d) and (e).
11. in § 99 (d), the words "and by examination for alcoholic beverages and other addictive substances," shall be deleted;
12.
(1) Proceedings in matters of service shall be decided on:
(a) change in the duration of the service;
(b) termination of service;
(c) compensation under this law;
(d) discharge from service;
(e) withdrawal of rank;
(f) cancellation of service on probation;
(g) reimbursement of the recruitment allowance in the event of failure to comply with the obligation to remain in service for a specified period;
(h) entitlement to housing allowance, if the soldier disagrees with the amount or failure to grant the allowance or with the cessation of his payment;
(i) the duration of the service for the security of services and social security, if the soldier does not agree with the declared time,
(j) failure to grant, withdraw or reduce the refund in the amount of the salary referred to in Article 68 (4) and (5);
(k) a request by a soldier to remain in service under Paragraph 19 (2);
(l) reimbursement of costs associated with the increase or extension of education in the event of failure to fulfil the obligation to remain in service for an agreed period of time;
(m) the issue of unjustified enrichment;
(n) reimbursement of the costs of military equipment.
(2) The procedure for changing the duration of the service referred to in paragraph 1 (a) shall be initiated only on its own initiative. This is not the case if a soldier requests to change the duration of the service by shortening it.
(3) Where a soldier has given prior written consent to a change in the duration of the service pursuant to Paragraph 5 (4), the decision shall be the first step in the proceedings. If such consent is given by a soldier after the initiation of the procedure, the service authority may, without further delay, issue a decision to change the duration of the service. ';
13. The following Section 145a is inserted after Section 145:
Personnel orders
(1) A staff order shall decide on:
(a) seniority,
(b) the appointment and the appointment of a staff member;
(c) granting a higher rank;
(d) temporary discharge;
(e) the designation to the disposition,
(f) temporary delegation to perform the service in another official capacity;
(g) removal,
(h) transfer;
(i) setting a shorter weekly service period;
(j) granting maternity or parental leave;
(k) granting leave without entitlement to cash formalities;
(l) the granting of consent, exceptionally, to pursue a gainful activity and its removal;
(m) the grant of the salary;
(n) the provision of salary in special cases.
(2) A staff order is issued ex officio and is the first act in the proceedings.
(3) The staff order contains, in addition to the general terms of the administrative order decision, the rank of soldier and his personal number. Justification of the staff order shall not be required when decided pursuant to paragraph 1 (a), (b), (c), (e), (f), (i), (j) or (k).
(4) Staff orders shall be given orally to the soldier. The oral declaration shall have the effect of notifying the staff order; Paragraph 67 (3) of the Administrative Regulation shall not apply.
(5) If it is not possible for a soldier to issue a staff order orally, a copy of the staff order shall be delivered to his own hands in writing.
(6) The period for lodging an appeal is 5 days.
(7) The time limit for transmission of the file to the appeal authority is 15 days.
(8) The appeal authority may only confirm, revoke or amend the staff order. The appeal authority shall act in the form of a staff order.
(9) A decision in the review procedure at first instance may not be given after a period of 5 months from the date of the acquisition of the legal power of the staff order. ';
14. In Article 150, the words "under § 145 (d) to (f) 'are replaced by the words" under § 145 (1) (d) to (f) and against staff orders issued under § 145a (1)'.
15. The following Section 150b is inserted after Section 150a:
If, in the period from the date of the acquisition of legal power, a soldier can be included in the termination of service in accordance with § 19 (1) (c) to (e), the service authority shall, with the consent of the soldier, issue a new decision in the form of a staff order. ';
16. In Paragraph 151, "30 'is replaced by" 60'.
17. in Article 153 (3), "30" is replaced by "60."
Transitional provisions
1. Proceedings in matters of service which began before the date of entry into force of this Act shall be completed in accordance with Act No. 221 / 1999 Coll., as amended by the date of entry into force of this Act.
2. If a soldier moved in the important interest of the service during the period before the date of entry into force of this Act, he shall be entitled to the transfer allowance provided for in Section 78 of Act No. 221 / 1999 Coll., as effective until the date of entry into force of this Act.
3. A soldier who, before the date of entry into force of this Act, was entitled to a non-reduced salary pursuant to § 67 (2) (e) of Act No. 221 / 1999 Coll., as effective by the date of entry into force of this Act, shall be entitled to a non-reduced salary pursuant to § 67 (2) (e) of the Act No. 221 / 1999 Coll., as effective by the date of entry into force of the Act.
Efficacy
That law shall take effect on the first day of the second calendar month following its publication.
Germany
Klaus v. r.
Nausea v. r.
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Regulation Information
| Citation | Act No. 122 / 2012 Coll., amending Act No. 221 / 1999 Coll., on Occupational Soldiers, as amended |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 11.04.2012 |
|---|---|
| Effective from | 01.06.2012 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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