Decree of the Ministry of Finance No. 155 / 2001 Coll.
Decree of the Ministry of Finance amending Decree of the Ministry of Finance No. 259 / 1997 Coll.
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Effective from 01.06.2001
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04.05.2001
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155
DECLARATION
Ministry of Finance
of 25 April 2001
amending Decree No. 259 / 1997 Coll., amending certain details of the service of customs officers
The Ministry of Finance provides, pursuant to Article 12 (3) of Act No. 13 / 1993 Coll., the Customs Act, as amended by Act No. 35 / 1993 Coll., Act No. 113 / 1997 Coll., Act No. 63 / 2000 Coll. and Act No. 256 / 2000 Coll., pursuant to § 15 (3), § 16 (2), § 20 (3), § 26, § 52 (3), § 53 (4), § 55 (2), § 58 (2), § 64 (5), § 66 (3), § 95 (2), § 121 and 138 of Act No. 186 / 1992 Coll., Act No. 33 / 1995 Coll., Act No. 118 / 1995 Coll., Act No. 160 / 1995 Coll., Act No. 111 / 1998 Coll., Act No. 155.
Decree No. 259 / 1997 Coll., adjusting certain details of the service of customs officers, is amended as follows:
1. In Section 1, the word "in particular 'shall be inserted after the word" processed' in the introductory phrase.
2. In Article 1 (d), "other type of service 'is replaced by" other functions';
3. In Article 1 (f), the words "after one year 'are replaced by the words" after six months';
4. Article 2, including the title and footnotes 1) and 2) shall read as follows:
Content of the service evaluations
(1) The staff evaluation shall include a part of the evaluation, conclusion and guidance on the possibility of appeal (1).
(2) The evaluation part of the service evaluations shall include data on the customs officer's competence for the performance of his or her duties according to his or her expertise, quantity, quality and complexity of his or her duties, professional activity and personality assumptions for the performance of his or her duties. The evaluation shall in particular:
(a) the application of the educational attainment and other qualification assumptions for the performance of the duties and, where appropriate, other requirements for the proper performance of the service, specific knowledge in practice and their expansion or increase in accordance with the needs of the service;
(b) the level of practical experience and special competence, if any, skills;
(c) the autonomy of the performance of the service, the systematic and efficient management of the duties and, where appropriate, the management of subordinate customs officers;
(d) responsibility and reliability in the performance of the duties and respect for the discipline;
(e) physical fitness, readiness to exercise the privileges and fulfil the obligations arising from the law and the management of the tactics of service operations according to the nature of the function performed;
(f) the ability to acquaint themselves with classified information and the ability to safeguard it;
(3) In addition, the evaluation part of the service evaluation shall include the result of the examination carried out by the customs officer in the framework of basic or further training, the classification of the medical fitness of the customs officer (taking into account any restrictions and concessions to perform the service), including the psychological competence of the customs officer.
(4) At the end of the service evaluation, it shall be indicated whether the customs officer is fit to perform his duties or not.
(5) Where a customs officer is competent to carry out his duties, the end of the service shall be indicated whether:
(a) achieve good results in the performance of the service for the purpose of promotion to a higher rank;
(b) fulfils the condition of successful performance of a post for which the rank of the 2nd class is determined;
(c) be eligible for a higher office.
(6) If the customs officer is not fit to carry out an existing post, he or she shall be indicated at the end of the service whether he or she is fit to carry out another post or whether he or she is unable to carry out any function.
1) § 132 of Act No. 186 / 1992 Coll., on the service relationship of members of the Police of the Czech Republic, as amended by Act No. 590 / 1992 Coll., Act No. 26 / 1993 Coll., Act No. 326 / 1993 Coll., Act No. 40 / 1994 Coll., Act No. 33 / 1995 Coll., Act No. 118 / 1995 Coll., Act No. 160 / 1995 Coll., Act No. 111 / 1998 Coll. and Act No. 155 / 2000 Coll.
2) Act No. 148 / 1998 Coll., on the protection of classified information and on the amendment of certain laws, as amended by Act No. 164 / 1999 Coll., Act No. 18 / 2000 Coll., Act No. 29 / 2000 Coll., Act No. 30 / 2000 Coll. and Act No. 363 / 2000 Coll. '
5. In Article 3 (3), the sentence behind the semicolon is deleted.
6. Sections 4 and 5 are deleted.
7. in Article 6 (1), point (a), including footnote 2, shall be deleted and points (b) and (c) shall be renumbered as points (a) and (b) respectively;
8. In Article 6 (2), the first sentence is deleted.
(9) Paragraph 9 (1) and (2), including footnote 5a, read:
"(1) The selection procedure shall be organised by a post officer who is entitled to appoint a customs officer to a post in the context of a selection procedure (hereinafter referred to as" the exclamator ') by publication in the publication medium of the Ministry of Finance (hereinafter referred to as "the Ministry') or the Directorate-General for Customs and, where appropriate, in the mass media.
(2) The invitation to tender shall contain:
(a) the designation of the applicant;
(b) the name of the function occupied;
(c) place of employment;
(d) the estimated term of office,
(e) the salary fare of the staff allowances determined in accordance with specific legislation, 5a)
(f) qualification qualifications and other requirements for the performance of the completed function, 5a)
(g) a list of the documents to be attached by the tenderer to the application;
(h) the address at which applications are sent;
(i) the period within which the application may be lodged, which shall not be less than 30 days from the date on which the invitation to tender is issued.
5 (a) Act No. 143 / 1992 Coll., on the salary and remuneration for on-call time in Budget and in certain other organisations and bodies, as amended by Act No. 590 / 1992 Coll., Act No. 10 / 1993 Coll., Act No. 40 / 1994 Coll., Act No. 118 / 1995 Coll., Act No. 201 / 1997 Coll., Act No. 225 / 1999 Coll. and Act No. 217 / 2000 Coll. Government Decree No 79 / 1994 Coll., on the remuneration of employees of the armed forces, security bodies and services, customs authorities, members of the Fire Protection Corps and of employees of certain other organisations (Staff Regulations), as amended by Government Decree No. 143 / 1995 Coll., Government Decree No. 72 / 1996 Coll., Government Decree No. 327 / 1996 Coll., Government Decree No. 163 / 1997 Coll., Government Decree No. 354 / 1997 Coll., Government Decree No. 249 / 1998 Coll., Government Decree No. 127 / 2000 Coll. '
10. in Article 10 (1), the sentences of the second and third paragraphs are deleted;
11. in Article 10, the following paragraph 7 is added:
"(7) The applicant shall inform the tenderer of the outcome of the selection procedure without undue delay."
12. In the first sentence of Paragraph 13, the words "or of the type of service 'are deleted.
13. in Paragraph 16 (1), the second sentence is: "After the period laid down, the customs officer must be appointed to office."
14. Article 18 shall be deleted;
15. In Section 22, the word "this' is inserted after the word" this' and the words "set out for this service or at the said workplaces' are deleted.
16. in Article 26 (b) (4) and (5), including footnote (8a) and (8b):
"4.40 days to prepare and perform the state final examination 8 (a) within the framework of the Master's study programme or 60 days, if the Master's study programme was linked to the Bachelor's study programme;
5. 40 days to prepare and perform the state final examination under the Bachelor's study programme. 8b)
8 (a) Paragraph 46 (3) of Act No. 111 / 1998 Coll., on Higher Education Institutions and amending and supplementing other laws (Act on Higher Education), as amended by Act No. 210 / 2000 Coll.
8b) § 45 (3) of Act No. 111 / 1998 Coll. '.
17. in Paragraph 26 (b), point 6 shall be deleted;
18. in Paragraph 28 (4), the second sentence is deleted;
19. Paragraph 30, including the title, reads:
Natural requirements for the establishment and duration of service
(1) The following shall be provided to the customs officer in the form and duration of the service:
(a) basic uniform equipment,
(b) other uniform components which are not provided in basic uniform equipment if the performance of the service so requires;
(c) parts for replacement and addition of basic uniform fittings,
(d) equipment for the maintenance of basic uniform equipment.
(2) The basic uniform equipment shall be provided to the customs officer no later than three months after the establishment of the service.
(3) The value of the components for replacement and the addition of the basic uniform equipment in the calendar year shall be:
(a) 35% of the value of the basic uniform equipment, where the customs officer performs the service in uniform,
(b) 15% of the value of the basic uniform equipment, where the customs office uses, alternately in the performance of the service, uniform uniform and personal protective equipment, or, where applicable, parts of equipment which are not provided in the basic uniform equipment, provided that those components are used for more than half of the prescribed service period.
(4) In the calendar year, the means of maintenance of the basic uniform equipment shall be provided at 10% of the value of the basic uniform equipment. ';
20. Paragraph 32, including the title and footnote 10, reads:
Entitlements on natural needs
(1) Components for replacement and addition of basic uniform equipment are not for customs purposes for a period of 12 months from the date of establishment of the service.
(2) The components for the replacement and addition of the basic uniform equipment and the means of maintenance of the basic uniform equipment belong to the customs officer for the period during which they belong
(a) a service income, except for the period during which the duty-exempt customs officer has been reduced, provided that he has not received a supplement to that service income;
(b) occupational income in sickness. 10)
10) Article 15 of Act No. 32 / 1957 Coll., on Disability Care in the Armed Forces, as amended. '
21. in Paragraph 33 (4), the words "his place of employment" shall be replaced by the words "his place of employment";
22. in Paragraph 33 (6):
"(6) The place of employment of the customs officer, which carries out customs supervision of goods crossing national borders, is part of the territory of the Czech Republic and of the neighbouring state defined under international agreements, 11) where customs supervision is carried out."
23. In Paragraph 33, paragraphs 7 and 8 are added:
"(7) Foreign service means a business trip as referred to in paragraph 4 outside the Czech Republic.
(8) A service official who sends a customs official on a business trip shall determine the time and place of taking up the duty, the time and place of termination of the duty, the place of performance of the duties, the mode of service and, where appropriate, other details. If the essential interest of the service is not prevented, the official shall take account of the legitimate interests of the customs officer. '
24. in Article 34 (1) (d) and (2), the words "or a service official recognised" shall be deleted;
25. The following Sections 34a and 34b are inserted after Article 34, including footnotes 11 (a), 11 (b) and 11 (c):
Reimbursement of travel expenses
(1) In the course of a business trip, the customs office shall be responsible for the reimbursement of travel expenses for the use of public means of transport which it has incurred in accordance with Paragraph 33 (8), at an amount which it shall show to the official.
(2) Where the customs officer, with the agreement of the official of the road motor vehicle business trip, with the exception of the road vehicle service, applies a basic refund rate for every 1 km of travel and reimbursement of expenditure on fuel consumed at the rate laid down by the special legislation for workers in employment. 11a)
(3) Reimbursement of expenditure on fuel consumed is calculated from the fuel price and from the fuel consumption of a road vehicle.
(4) The calculation of the reimbursement of fuel expenditure shall be based on the price of fuel shown by the customs.
(5) If the customs officer does not prove the price of fuel, this reimbursement shall be calculated on the basis of the average price of fuel laid down by the special legislation for workers in employment. 11b)
(6) The fuel consumption of a road motor vehicle is calculated by the arithmetic mean of the fuel consumption data specified in the vehicle's technical licence. If the licence does not contain it, the customs office shall reimburse the fuel costs only if the fuel consumption is demonstrated by a technical licence of another road motor vehicle of the same type with the same cylinder capacity.
(7) Where a customs official, with the agreement of the official, uses a road motor vehicle, with the exception of a road motor vehicle, he may also agree in advance to provide compensation for the use of a road motor vehicle at an amount equivalent to the price of a long-distance bulk ticket.
Compensation of accommodation expenses
(1) In the course of a mission, the customs office shall reimburse the accommodation expenses incurred in accordance with Paragraph 33 (8), at the amount shown to the service official.
(2) Where a customs officer is sent from the place of employment to a place of business which takes more than one calendar day, to a place of permanent residence (11c) or to a place of residence of members of his family or to a place from which he returns daily to his place of residence or his family, he shall not be reimbursed for accommodation expenses.
11a) § 7 paragraph 2 and § 8 of Act No. 119 / 1992 Coll., on Travel Refunds, as amended by Act No. 44 / 1994 Coll., Act No. 125 / 1998 Coll., Act No. 324 / 1998 Coll., Act No. 333 / 1999 Coll., Act No. 36 / 2000 Coll., Act No. 132 / 2000 Coll. and Act No. 220 / 2000 Coll. Decree No. 448 / 2000 Coll., setting, for the purposes of providing travel refunds, the rates of basic refunds for the use of road motor vehicles and the level of average fuel prices.
11b) § 7 paragraph 5 and § 8 of Act No. 119 / 1992 Coll. Decree No. 448 / 2000 Coll.
11c) Act No. 133 / 2000 Coll., on the registration of residents and birth numbers and on the amendment of certain laws (Act on the registration of residents). '.
26. Paragraph 35, including the title and footnote 12, reads:
Disgusting
(1) In the course of a business trip, customs duties shall be payable to the customs officer for each calendar day of the business trip at the rate laid down by the special legislation applicable to staff members in employment. 12)
(2) If a service official provides a customs officer on a free-to-eat business trip, he shall not be provided with food. If the duty officer only partially provides the customs officer with free meals, he is reduced by 20% for breakfast, 40% for lunch and 40% for dinner. Dietary shortened according to the previous sentence shall be rounded to the whole crown up to 50 pennies downwards and from 50 pennies inclusive upwards.
(3) A customs officer who is sent on a business trip of 5 hours or more and whose period of taking-up is determined after 19 hours of the calendar day and the period of termination before 5 hours of the following calendar day is as defined in paragraph 1 for the time zone of 5 to 12 hours.
(4) A customs officer who is sent on a business trip who is prevented from eating in a normal manner and who lasts less than 5 hours may grant a duty-free post up to the lower limit of the rate laid down in paragraph 1 for the time zone 5 to 12 hours.
(5) Where a customs official is sent on a business trip lasting more than one calendar day, to his place of residence or his family or to a place from which he returns daily to his place of residence or to the place of residence of his family, he shall be entitled only during the period of service.
12) Articles 5 (1) and (2) and 8 of Act No. 119 / 1992 Coll. Decree No. 448 / 2000 Coll. '
27. in Article 36, the words "or a recognised official" shall be deleted.
28. In Paragraph 38 (2), the words "in § 35 and 36 'are replaced by the words" in § 34 to 36' and the words "two years' are replaced by the words" three years'.
29. In Article 38 (5), the words "at the time of the transfer 'shall be inserted after the words" which was'.
30. Article 40 shall be deleted;
31. in Paragraph 41, the following paragraph 3 is added:
"(3) The term of office of the customs officer for reimbursement of travel expenses in foreign currency shall be the time of crossing the national border of the Czech Republic or the time of departure and arrival of the aircraft in air transport."
32.
Disgusting
(1) In the course of a foreign business trip, the customs officer shall be entitled, under the conditions laid down below, to an allowance in foreign currency provided for by the special legislation applicable to workers in employment. 17a) The amount of the foreign currency allowance shall be determined on the basis of the standard rate of the allowance fixed for the State in which the customs officer spends the most time in the calendar day.
(2) A foreign currency allowance equal to the basic rate of the foreign currency allowance is payable to a customs official if the period of his foreign duty travel outside the Czech Republic lasts more than 12 hours on a calendar day. If this period is 12 hours or less, the customs officer shall be entitled to an amount of foreign currency, which shall be determined by a multiple of a twelfth of the basic rate of the foreign currency and the number of full hours of the foreign business trip spent outside the Czech Republic.
(3) If the foreign business trip of a customs officer outside the Czech Republic lasts for less than 1 hour, it does not belong to the foreign currency.
(4) In the case of foreign business travel, the customs officer shall be entitled to a subsistence in Czech currency according to § 35 for the period of foreign business travel spent in the Czech Republic.
(5) If the customs officer does not belong to a customs office for the period of foreign duty travel outside the territory of the Czech Republic which is denominated in foreign currency in accordance with paragraph 4, this period shall be added to the period of foreign duty travel in the territory of the Czech Republic in accordance with the preceding paragraph.
(6) A customs officer who carries out border clearance in means of transport while travelling or travelling on a route provided for by an international agreement, (11) shall be entitled to a foreign currency allowance in accordance with paragraphs 1 to 5.
17a) § 12 paragraphs 2, 3 and 5 of Act No. 119 / 1992 Coll. '
33. Paragraph 45, including the title, reads:
Reimbursement of travel expenses
Where a refund is granted for the use of a road motor vehicle pursuant to § 34a (2) to (7), the customs office of departure shall be responsible for the reimbursement of travel expenses for fuel consumed in foreign currency up to 350 km abroad. '
34. the following Sections 47a and 47b are inserted after Section 47, including the title:
"Common provisions for refunds
(1) Refunds under this Order may be flat-rate. In calculating the flat-rate amount, the Ministry shall base itself on the average conditions applicable to the granting of refunds to a customs or group of customs officers. If the conditions under which the flat-rate amount has been fixed change, the Ministry shall review and adjust that amount.
(2) Where this Order requires a customs officer to prove travel or removal expenses and not to prove them, compensation of an amount recognised by a service official may exceptionally be granted, taking into account § 33 (8); this does not apply to reimbursement of expenditure on fuel consumed and reimbursement of accommodation.
(1) An advance shall be granted to the customs officer on the basis of the expected duration and conditions of the mission.
(2) The customs officer shall provide the written documents required for the bill of service within 10 days of the date of termination of the service. They shall also return the outstanding advance within the same period.
(3) An advance payment in the relevant foreign currency corresponding to the expected duration and conditions of the trip shall be granted to the customs officer on a foreign mission. The official may agree with the customs officer to provide an advance in a foreign currency other than that provided for by the competent State, provided that the exchange rate or the conversion rate of denominations of the single European currency is declared on the Czech National Bank's exchange rate. When determining the amount of the allowance in the agreed currency, the crown value of the allowance in the specified currency shall be determined, which shall be converted into the agreed currency. The foreign exchange market rates and the conversion rates of the denominations of the single European currency as declared in the Czech National Bank's exchange card valid on the day of the advance are used to determine the coronation value of the food and the amount of food in the agreed currency.
(4) The bill of discharge and the reimbursement of expenses to the customs officer shall be made within 10 days of the date on which the customs officer submits the necessary documentary evidence to the service official.
(5) The amount by which the advance payment granted to the customs officer during a foreign business trip exceeds his entitlement shall be refunded by the customs officer in the currency granted to him or in the currency to which the customs officer has exchanged the currency abroad or in the Czech currency. If the advance was granted to a customs officer lower than his claim, the difference will always be paid in the Czech currency. When issuing the advance, the official office shall use the customs office-holder's certified foreign exchange exchange exchange rate and foreign exchange market rates and conversion rates referred to in paragraph 3.
(6) Any change in the facts applicable to the reimbursement of travel or removal expenses shall be notified by the customs office of departure without undue delay. "
35. Sections 49 and 50 are deleted.
36. in Paragraph 52 (1) (a), the word "(representative)" shall be inserted after the word "daily."
37. in Paragraph 52 (1) (b), the words "(distance studies)" shall be inserted after the word "services."
38. In Paragraph 52, the following paragraph 2 is inserted after paragraph 1:
"(2) In the combined form of study, the period of service after completion of the studies referred to in paragraph 1 shall be determined on a pro rata basis according to the actual duration of the daily (preschool) study and the period of service (distance study). ';
Paragraph 2 shall become paragraph 3.
39. in Article 53 (2) (a) to (h):
"(a) 400 000 CZK for study at a university in a master's study programme for placement in advance for customs officers studying in schools,
b) 200 000 CZK when studying at a university in a master's study programme in the performance of service,
c) 100 000 CZK when studying at a university in a master's study programme, in advance for customs officers studying at school, following this study at a bachelor's degree programme,
d) 50 000 CZK when studying at a university in a master's study programme in the course of service, if this study is followed by a bachelor's study programme,
e) 300 000 CZK when studying at a university in the Bachelor's study programme when being booked for customs officers studying at school,
f) 150 000 CZK in undergraduate studies in the course of service,
(g) 150 000 CZK when studying at a secondary or higher vocational school, in advance for customs officers studying at school,
h) 70,000 CZK in secondary or upper vocational school in the course of service. "
40. Paragraph 53 (3) is deleted.
41. in Paragraph 55 (1) (a), the word "least" shall be inserted after the word "reach."
42. In Article 56 (3), the words "reconditioning procedures" shall be inserted after the words "associated with."
43. Paragraph 67, including the title, reads:
Pain compensation
Compensation for pain shall be paid to the customs officer twice as much if the damage to his or her health was caused by the person whose actions were directed against him or if his or her health for the performance of his or her duties were damaged. '
44. in Paragraph 68 (4), the words "up to the amount of CZK 10,000" are replaced by the words "up to the amount of CZK 15,000";
45. Paragraph 72, including the title, reads:
Duration of service applicable to entitlement to severance payments
(1) The duration of the service shall be determined in order to obtain a severance pension, unless otherwise specified, the duration of the service of a customs officer, a member of the police of the Czech Republic, a member of the BIS, a member of the Prison Service of the Czech Republic and a soldier of the profession, as well as the service of a soldier in another service if he has been physically secured as a professional soldier.
(2) Until the duration of the service applicable to the acquisition of a right of severance, a period which is excluded from the period applicable to the service of years in rank shall not be counted. ';
46. In Paragraph 73, the words "paid by a service official 'are replaced by the words" paid by'.
47. Article 75, including the title and footnotes 27a) and 27b) shall read as follows:
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Regulation Information
| Citation | Decree of the Ministry of Finance No. 155 / 2001 Coll., amending Decree of the Ministry of Finance No. 259 / 1997 Coll., adjusting certain details of the service of customs officers |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 04.05.2001 |
|---|---|
| Effective from | 01.06.2001 |
| Effective until | - |
| Status | Valid |
Legal Areas:
Health and safety at work
Customs law
Finance
Wages, salaries, wages, compensation
Compensation for damages under labour law
Compensation in labour law
Labour relations
Working time
Employment. Service relationship
Labour law
Education, Education, Education
Administrative law
Constitutional (state) law
Fundamental human rights
Special working conditions
The regulation text is for informational purposes only.
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