Act No. 136 / 1946 Coll.
Law on the placement and other arrangements of participants in the national fight for liberation
Valid
136.
Law
of 15 May 1946
on the location and other arrangements of the participants in the national liberation fight.
The Provisional National Assembly of the Czechoslovak Republic decided on the following Act:
(1) Every national and national reliable person, with the exception of those covered by paragraph 2, who between 1939 and 1945, is a participant in the national fight for exemption under this Act is a national and national dependant
(a) has been a member of the Czechoslovak army abroad or an equal person,
(b) voluntarily conduct military service in an Allied army, unless it had the possibility of performing military service in the Czechoslovak foreign army or had the consent of the President of the Republic or the relevant Czechoslovak authorities;
c) was a member of the first Czechoslovak army in Slovakia,
(d) was a guerrilla,
(e) have been imprisoned or interned (secured) in concentration and similar camps for political reasons, the purpose of which was to prevent or suppress the resistance movement of the Czech or Slovak people, in particular for activities directly aimed at liberating the Czechoslovak Republic by removing Nazi occupation power;
(f) participate in the continuous activities of the foreign or domestic movement directly towards the liberation of the Czechoslovak Republic, in particular the Slovak National Uprising, in the way that it has caused or was demonstrably capable of causing harm to her or her family, personal freedom or health;
g) participated in the Czech uprising, in which during the fighting she fell or was badly injured or suffered a severe health disorder.
(2) The person of German or Hungarian nationality and Czechoslovak nationality, who has never been guilty against a nation of the Czech or Slovak Republic or the independence of the Czechoslovak Republic, is also a participant in the national struggle for liberation under this law and was voluntarily in the war between 1939 and 1945 a member of the Czechoslovak army abroad or a guerrilla.
(3) A participant in the national fight for liberation is not, although one of the conditions of paragraph 1 (a) to (g) or of paragraph 2, but in the period of infreedom from 30 September 1938 to 4 May 1945 either:
(a) has voluntarily served in the enemy army or otherwise participated in the war business against the allies or served after 29 August 1944 in the army of the Slovak State; or
(b) has become a member of national groups or departments or political parties of a fascist nature, bringing together persons of German or Hungarian nationality, or has applied for German or Hungarian citizenship; or
(c) has been the head of the National Labour and Forestry Trade Union or the Hlinkova Slovak JUDE Party, unless it has been demonstrated to have been sent or designated by leaders of domestic or foreign resistance, or has used this place to act in a particularly significant way, or who has been voluntarily a member of the Association for Cooperation with Germans, the Czech Union of Warriors, the Family Defence, the Flemish League, the Czech League against Bolshevism, the German-Czech Society, the Kuratoria for the Education of Czech Youth or the Hlink Guard, the German-Slovak Society, the Hlinka Youth or other fascist organisations of a similar nature, the purpose of which was to spread Nazi ideology and maintain the power status of Germans and Hungers; or
(d) the occupants or their helpers have been entrusted with a post in public service, unless this has been done with the agreement of the leaders of the national resistance, or who has taken a post in the war industry working for the German or Hungarian army, or has performed fortifications for the Germans or Hungarians, without being forced or unable to evade them, or who has been enriched in the context of infreedom; or
(e) acts or words, directly or indirectly, even if not a member of any of the organisations referred to in (b) and (c), supported or defended the regime of Nazis and fascists, their helpers and traitors, or manifested itself as anti-democratic or at all state and nationally unreliable.
(4) As well as the participants in the domestic struggle for the exemption referred to in paragraph 1 (f), State and national security guards of the State established by the Government Decree of 23 October 1936, No 270 Coll., on the State's defence guard, who, in 1938, have suffered injury to life, personal freedom or health in relation to the fight against hostile anti-state activities in the border, and for which there is no grounds for exclusion referred to in paragraph 3. Likewise, volunteers from the Spanish Republican army who fought in Spain between 1936 and 1939 are assessed.
(1) The participants in the national exemption fight listed in Paragraph 1 (1) shall reserve one half of the post in the service:
(a) the State, the volumes of the local authorities and all other public corporations and foundations,
(b) the institutes, undertakings, funds and establishments belonging to or managed by the bodies referred to in (a);
(c) national undertakings established pursuant to Article 12 of the Decree of the President of the Republic of 24 October 1945, No 100 Coll., concerning the nationalisation of mines and certain industrial enterprises, or Article 8 of the Decree of the President of the Republic of 24 October 1945, No 101 Coll., on the nationalisation of certain undertakings of the food industry, and of national undertakings formed pursuant to the provisions of the Decree of the President of the Republic of 24 October 1945, No 102 Coll., on the nationalisation of equity banks, or of the Decree of the President of the Republic of 24 October 1945, No 103 Coll., on the nationalisation of private insurance undertakings,
(d) undertakings for which the entities listed under (a) are predominantly a shareholder or guaranteed by them, or which are predominantly dependent on public aid (subsidies, advantages).
(2) Any odd place which has been empty since the beginning of its effectiveness is a reserved place.
(3) Reservation of posts under this paragraph does not apply to posts,
(a) which, under the statutory provisions, are supplemented exclusively by employees of lower categories;
(b) which are occupied by promotion from a lower salary scale (from a lower scale of functional duties or from a group of non-functional posts).
Participants in the National Liberation Fight (§ 1) have priority rights:
(a) location in an organised managed economy, in private undertakings serving public transport and in cooperative or private establishments or undertakings entrusted mainly with public or other public supply;
(b) a replacement in a private undertaking in which the national exemption struggle participant was employed immediately prior to his participation in the national exemption fight;
(c) for the granting of trade licences (permits, licences) and for the authorisation of gainful enterprises of another type, as well as for the admission to the pursuit of professional activities in front of all equally qualified tenderers;
(d) in the allocation procedure for the allocation of agricultural assets, business enterprises and others on the effective date of this Act of free or later released property and movable property confiscated under the applicable law on the confiscation of enemy property and National Recovery Funds, as well as the rental of such property;
(e) the provision of national administrators over the property referred to in (d);
(f) admission to schools and courses where the admission of pupils is restricted to all equally qualified candidates (candidates of the same order);
(g) granting aid from foundations and funds under the general conditions of the Foundation or the Fund.
The Ministry of Education and Education may grant special relief to participants in the national struggle for exemption in the admission and study of all the schools in its field of competence, taking into account, in particular, the type and duration of the previous education (employment) of the participant, but not more than to the extent that the benefits granted are not prevented from achieving the teaching objective.
(1) The rights of a national Liberation Combat (Sections 2 and 3), which has fallen, died or died, are transferred to:
(a) spouse, children and adopted, partner or partner;
(b) parents,
(c) siblings.
(2) It is a condition that the person to whom the rights are transferred should be statestically and nationally reliable, and that the legal or moral right of the person to whom the rights are transferred is mainly linked to a participant in the national struggle for exemption.
(3) Rights are always transferred to only one person in the order listed after (a), (b), (c), and within that order between children and the adopted, parents and siblings always in the order of the oldest.
(1) If a national exemption struggle cannot successfully exercise one of the rights under § § 2 or § 3 for its invalidity, which is at least partly due to its involvement in the national exemption fight (§ 1), the provisions of the preceding paragraph shall apply mutatis mutandis to persons appointed in paragraph 1 of the preceding paragraph.
(2) For the time being, the missing participants in the national liberation fight may exercise the rights which they would be entitled to under § § § 2 and § 3, the persons referred to in § 5.
(1) Rights under this law can only be exercised by a person who will be given a certificate of participation in the national fight for liberation.
(2) This certificate, containing details of the person and the manner in which he or she is involved in the national fight for liberation (§ 1) and the rights for which he or she is entitled to exercise, shall, in a single copy of the national struggle for liberation or a person authorised under § 5, at their request, be issued by the Ministry of National Defence, in an agreement with the Ministry of Foreign Affairs and in an agreement with the Ministry of Interior.
(1) The participants in the national exemption fight will be placed in the places referred to in Sections 2 and 3, points (a) and (b), in principle according to their preliminary general and vocational education or other professional competence, if they satisfy the general and specific conditions for the hire of a post of the category or any post provided for in Sections 2 or 3, points (a) and (b) of this Act, with the exception of concessions resulting from the provisions of this Law.
(2) A successful entrance exam from reading, writing and counting to the extent prescribed for a general school is sufficient for post IV and other posts with a higher pre-secondary education prescribed.
(3) The technical examination carried out by a national Liberation Combat Participant in the Czechoslovak Army or in another service replaces the corresponding professional examination in the new service. If such a test does not comply with the full technical test prescribed in the new service relationship, it shall be subjected, after the prescribed practice, to an additional test the scope of which shall be determined by the competent central office in agreement with the Ministry of Interior and the Ministry of National Defence.
(4) The age limits for the boarding of one of the reserved places do not apply to participants in the national exemption fight. However, the entitlement to be placed in the posts referred to in Section 2 shall cease to exist by the end of the 45th year of age, the post of military and gayists of the National Security Corps, the financial and prison guards, the completion of the 35th year. Participants over 45 years of age may be authorised by the central competent authority to receive an age discount.
(5) The military and other service of the participants in the national exemption fight is included in the new service as a service period actually spent in public services both for increasing the service and for determining the service age (ranking) and for the length of the time needed for promotion or for advancing to a higher service, as well as for entitlement to the service fee and its scope to the extent that is counted under the applicable rules. In the case of employees in a private relationship, it shall be treated mutatis mutandis with regard to the establishment of a salary classification, entitlement to pay (wages) at the time of sickness, the period of leave and notice.
(1) The duration of the training (employment, activities) required under the statutory regulations for the submission of a licence or for the grant of a dispensation from the submission of a licence or for the submission of a licence or for the submission of a certificate of material knowledge for the admission of trade shall be reduced for the admission of a profession (employment, activities), as referred to in § 3 (c), (d) and (e).
(a) in the case of trades for which the training period is fixed by law, for a period equal to at least half the period prescribed for the acquisition of a licence;
(b) in the case of trades for which the training period is fixed by law within certain time limits, for a period equal to at least half of the minimum training time;
(c) in trade for which the training period is not fully determined, for a period corresponding to half the training period normally required.
(2) Training (employment, activity) in related trade, as well as experience in military workshops and courses or similar activity with military services are considered equivalent to training in the relevant trade.
(3) In cases where the applicant for a trade licence has not submitted a certificate of at least two years' learning, the competent trade office may require, in addition to the evidence of training (employment, activity), the presentation of a certificate of successful completion of the course or the successful completion of a special examination. The details of the course and test shall be laid down by the Minister responsible for the matter in agreement with the Minister for Defence by a decree in the Official Journal.
(4) Relief under the preceding paragraphs shall not be granted for:
1. the licensed trade in construction,
2. trade in the manufacture of poisons and the preparation of substances and preparations intended to be used for medicines, as well as the sale of both items, unless exclusively reserved for pharmacists,
3. electrical trade,
4. trade in gas pipelines, lighting equipment and water pipelines,
5. trade for the destruction of harmful organisms by hydrogen cyanide, ethylene oxyde and chloropicrin,
6th dental trade.
(5) In cases of special consideration, the Ministry of Industry or the Ministry of Internal Trade may waive the submission of a trade licence to participants in a national exemption fight who do not comply with the conditions of paragraph 1.
(1) The official posts referred to in Article 2 are reserved and the priority right provided for in Article 3 arises on the date on which this law takes effect.
(2) The participants in the national exemption fight shall submit requests for placement and other arrangements under this Act in principle directly to the bodies responsible for lending the seats referred to in § § 2 and § 3, and always to the Ministry of Defence in the copy.
(3) The Ministry of National Defence shall keep a record of the applications submitted and shall discuss with the Ministry of Labour and Social Welfare, as appropriate, the provider of the post (with his supervisor or supervisory authority) any objections or obstacles to the granting of the post.
(4) The Ministry of National Defence will recommend appropriate requests from participants in the national struggle for exemption to places that are yet to be released to the lodgers.
(5) The authorities responsible for lending the seats referred to in § § 2 and § 3, which do not receive the applications of suitable candidates from the National Liberation Combat, shall always notify the Ministry of National Defence of the different types and number of vacancies, in the case of the entities responsible for lending the seats referred to in § § 3 (c) and (d), of the possibilities and places of new such professions, and shall set a period of at least 14 days for the submission of the application. At the same time as the notification provided for in this paragraph, the Ministry of National Defence shall forward to them requests from non-compliant applicants.
(6) If the competent authority (§ § 2 and § 3) lodges a vacancy to the requesting or registered participant in the national exemption fight, it shall notify the Ministry of National Defence thereof.
(7) The authorities responsible for lending the seats provided for in Sections 2 and 3 are required to notify the participants of the national exemption fight in writing of the reasons for which their application for the vacancy has not been granted.
(8) The authorities responsible for lending seats pursuant to § § § 2 and § 3 shall notify the Ministry of National Defence of the number of vacancies and the method of lending them each calendar quarter.
(9) The Ministry of National Defence shall, in agreement with the Ministry of Interior, determine the final period by which the application for placement may be subject to the rights under this Act, according to the procedure of placement.
(1) Employers (bodies of bodies) referred to in § 2 (c), (d) and § 3 (a) and (b) who do not comply with the obligations imposed in § 10 or lend a place against the provisions of this Act shall be punished by the district national penalty committee of up to 10 000 Kčs or by prison within one month; If a fine has been imposed, a replacement prison sentence shall also be imposed within one month in case of imperfections.
(2) If some of the provisions of paragraphs 2 and 3 of this Article are taken against the provisions of this Act, the competent central authority, acting on a proposal from the Ministry of Defence, shall declare, within three months of the granting of the post, the location or granting of the authorisation or assignment of the trade or agricultural property cancelled.
(1) A participant in the national exemption fight, which has been granted a post in a public service or other public service, is obliged to take up the post within 14 days of the delivery of the provision (s); The decree shall cease to apply unless the appointment has been justified by important reasons within the next 30 days.
(2) The competent authority may revoke the granting of a trade licence, the assignment of a business undertaking or agricultural property or the provision of a national administrator, provided that the national exemption struggle so placed does not take over the business establishment, take steps to start the business, take up the national administration of the entrusted property or take over the land allocated without any significant reason.
(3) A participant in a national exemption fight who has not entered a post has not taken over trade, agricultural or other property under the provisions of this Act without serious substantive reasons, will no longer be entitled to any other preferential placement or provision.
(4) Rights under this law shall also cease to be first placed in a post reserved under Section 2 or first successful exercise of the priority right under Section 3.
(5) After hearing the agent responsible for lending the site, the Ministry of National Defence shall declare the termination of rights and rights which have taken place pursuant to paragraph 3 or 4, indicating the reason for the termination and keeping records. The Ministry of National Defence may exceptionally, in cases of special consideration, waive such termination of rights and rights.
The entities referred to in § § 2 and § 3 are not, exceptionally, obliged to lend their place to a participant in a national struggle for exemption under the provisions of this Act,
(a) if, within the period laid down in Article 10 (5), the transferee does not find a proposal by the Ministry of Defence to place himself with a request from an appropriate national exemption fighter; or
(b) if it is not placed on time in accordance with Paragraph 12 (1) and, in both cases, out of an important public and professional interest, the post must be filled immediately.
The provisions of this Act are without prejudice to the provisions of the Act of 24 July 1919, No 462 Coll., on the Lease of Offers to Legionnaires, and to the provisions on the incorporation of war offenders into the work which the Ministry of Labour Protection and Social Welfare issues under the relevant statutory provisions in its field of competence.
All requests and their annexes submitted by the participants in the national exemption fight, as well as the persons listed in Section 5, for the exercise of the rights and entitlements under this Act shall be exempt from the stamp.
This Law shall enter into force on the day of its publication and shall expire 3 years after that date; participants in the national exemption fight who complete their studies may exercise the rights under this Act within six months of the end of their studies, after the military presence, a period of three years has expired; The Act will be implemented by the Minister of National Defence with the participating members of the Government, in Slovakia, in agreement with the relevant postmen.
Dr Beneš v. r.
Fierlinger v. r.
Gen. Svoboda v. r.
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Regulation Information
| Citation | Act No. 136 / 1946 Coll., on the placement and other arrangements of participants in the national fight for liberation |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 18.06.1946 |
|---|---|
| Effective from | - |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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