Act No. 163 / 2019 Coll.
Act amending Act No. 361 / 2003 Coll., on the service relationship of members of the Security Corps, as amended
Valid
Law
Effective from 01.07.2019
Text versions:
01.07.2019
163
THE LAW
of 12 June 2019
amending Act No. 361 / 2003 Coll., on the service ratio of members of the Security Corps, as amended
Parliament has decided on this law of the Czech Republic:
Act No. 361 / 2003 Coll., as amended by Act No. 186 / 2004 Coll., Act No. 436 / 2004 Coll., Act No. 586 / 2004 Coll., Act No. 626 / 2004 Coll., Act No. 169 / 2005 Coll., Act No. 253 / 2005 Coll., Act No. 413 / 2005 Coll., Act No. 530 / 2005 Coll., Act No. 189 / 2006 Coll., Act No. 531 / 2006 Coll., Act No. 375 / 2011 Coll., Act No. 428 / 2011 Coll., Act No. 306 / 2008 Coll., Act No. 326 / 2009 Coll., Act No. 341 / 2011 Coll.
1. in Article 13 (1) (i), the words "business or" shall be deleted, after the words "gainful activity" shall be inserted "except for the activities referred to in Articles 48 (4) (c) to (e), (h) and (i) and 68 (2)," and the word "engaged" shall be replaced by "operating."
2. in § 42 (1) (f), the words "or § 48" shall be deleted;
3.
(1) A member may not be a member of the management or control bodies of legal persons engaged in a business activity, except where he is seconded to such bodies by a service official and with the exception of membership of the management or control bodies of legal persons whose establishment or founder is the State. A member seconded by a service official acts in these institutions as a representative of the Czech Republic and is obliged to promote its interests.
(2) A member may engage in a gainful activity other than a service under this law only with the consent of an official. The Staff Officer shall, by decision, give his consent to the exercise of another gainful activity provided that such activity cannot lead to a conflict of interests between personal interests with the interests of the Service, a threat to the reputation of the Security Corps or to the important interest of the Service.
(3) The Staff Officer shall, by decision, withdraw his consent to pursue another gainful activity if the condition laid down in the second sentence of paragraph 2 is no longer fulfilled. The decision to revoke may be the first act in the proceedings. The member shall, upon service of the decision to withdraw his consent to pursue another gainful activity, terminate another gainful activity without undue delay.
(4) The consent of the staff member referred to in paragraph 2 is not required for:
(a) the activity referred to in paragraphs 29, 31 or 68 (2);
(b) an activity carried out by a member to whom parental leave is granted;
(c) the activity of expert and interpretation carried out for the court or administrative office;
(d) scientific, educational, publicist, literary or artistic activities;
(e) the activity of the trade union member;
(f) an activity carried out in the exercise of custody;
(g) the activity carried out during the discharge period;
(h) the activity carried out in the framework of membership of the management or control bodies of the organisational bodies of the State or of the legal entities of which the State is the founder or the founder; and
(i) management of own property; This administration shall also mean an activity carried out as part of a membership of the management or control bodies of the housing cooperative or of the community of owners of the units of which it is a member.
(5) A member of the Intelligence Service, a member of the General Inspection of Security Corps, and a member of the Police of the Czech Republic, who consistently performs tasks relating to the use of an agent, a false transfer, special protection of witnesses or production and the provision of cover documents, shall be required to notify another gainful activity in accordance with paragraph 4 (a) to (h) to a service official at least 10 days before the beginning of his or her duties or immediately after the start of his or her activity, unless he or she can notify the gainful activity in advance, taking into account the circumstances. '
4. In Article 113, at the end of point (g), "a 'is replaced by" a', at the end of point (h) is replaced by "a 'and the following point (i) is added:
"(i) stabilisation surcharge."
5. In Paragraph 115 (1), the sentences of the second to fourth paragraphs are deleted.
6. Paragraph 115 (2) is deleted.
Paragraph 3 shall become paragraph 2.
7. In Paragraph 115, the words "in such a way as to preserve the principle of merit between individual basic tariffs and between all tariff levels and round them up to tens of crowns' are added at the end of the text of paragraph 2.
8. After Paragraph 122, the following Section 122a is inserted:
Stabilisation surcharge
(1) The Director of the Security Corps may provide by Staff Regulations that a stabilisation surcharge may be granted to members.
(2) In the Staff Regulations, the Director of the Security Board shall determine the specific amount and time of payment of the stabilisation supplement.
(3) The maximum annual amount of the stabilisation supplement is twenty-four times the average gross monthly nominal wage for the converted number of employees in the national economy obtained according to the published data of the Czech Statistical Office.
(4) A stabilisation surcharge may not be granted to a member in a calendar month in which he has not performed a service for more than half of the service due to:
(a) discharge;
(b) inclusion in the advance for the student, advance for the temporary or unpaid;
(c) incapacity to perform the service, except for incapacity due to accidents or occupational disease, long-term treatment or important personal obstacles in the service.
(5) The stabilisation fee may not also be granted to a member if in a calendar month he had an undeclared absence of service.
(6) The stabilisation surcharge shall not be a component of the service income for the purposes of determining the amount of severance payments under Section 156 or the amount of the service allowance under Section 158. ';
9. In Article 171, at the end of point (i), the word "a 'is replaced by a comma, at the end of point (j) is replaced by the word" a' and the following point (k) is added:
"(k) the granting of a stabilisation surcharge.";
10. In Article 186 (8), the words "after a particularly harmful consequence," shall be inserted after the words "after a disciplinary offence involving a serious breach of obligations or restrictions provided for in Article 48,";
11. The following Section 204 is inserted after Section 203, including the title and footnotes 93 and 94:
Retired
(1) A retired member shall be a former member who, on the date of termination of service, has fulfilled the conditions for entitlement to the service allowance.
(2) A retired member who is entitled to wear uniform on festive occasions in accordance with special legislation93) may use the highest rating or rank achieved in accordance with § 8 or rank achieved before 1 January 2007.
(3) A retired member who has achieved excellent results in the performance of his service can be appointed to a higher rank or rank in connection with the termination of his service; This also applies to a member whose service ended in death as a result of a professional accident. The President of the Republic shall appoint a retired member to the rank of General, under the conditions set out in the previous sentence, on a proposal from the Government.
(4) A member who has been dismissed from service for the reasons set out in Sections 42 (1) (a) to (g) and (i) to (k) may not be appointed to a higher rank or rank.
(5) A member who does not fulfil the conditions of integrity under Paragraph 14 cannot be appointed to a higher rank or rank.
(6) The Director of the Security Corps may authorise the use of the symbols of the Security Corps on festive occasions.
(7) A retired member may be granted health care provided by a medical service provider (13).
(8) The Security Board shall be entitled to create, to the appropriate extent, conditions for meeting the cultural, recreational and physical needs of the retired members and their interests.
(9) Paragraphs 6 and 7 also apply to a former member of the war veteran94).
(10) When a retired member is admitted to service, the appointment to a higher rank or rank referred to in paragraph 3 shall not be taken into account.
(11) The appointment of a retired member to a higher grade or rank shall not affect the entitlement to severance payments granted under § 155 and the service allowance under § 157.
93) For example § 108 (2) of Act No. 273 / 2008 Coll., on the Police of the Czech Republic. § 15 of Act No. 320 / 2015 Coll., on the Fire Department of the Czech Republic and on the amendment of certain laws (Act on the Fire Department).
94) § 3 of Act No. 170 / 2002 Coll., on War Veterans, as amended. '
Transitional provisions
1. A member who, prior to the date of entry into force of this Act, was engaged in another gainful activity, whose pursuit is subject to the approval of an official in accordance with Article 48 (2) of Act No. 361 / 2003 Coll., as effective from the date of entry into force of this Act, and who intends to continue to do so after the entry into force of this Act, shall ask the staff member within 1 month of the date of entry into force of this Act to agree to pursue another gainful activity.
2. The member shall, upon service of the decision that he has not been given consent under point 1, terminate the gainful activity without undue delay.
3. A member of the Intelligence Service, a member of the General Inspection of Security Corps and a member of the Police of the Czech Republic, who has consistently performed tasks relating to the use of an agent, a fake transfer, special protection of witnesses or production and the provision of cover documents, which, before the date of entry into force of this Act, carried out other gainful activities pursuant to § 48 (4) (a) to (h) of Act No. 361 / 2003 Coll., as effective from the date of entry into force of this Act and which intends to continue its operation after the entry into force of this Act, shall notify the other gainful activity to the servant without undue delay.
Efficacy
This Act shall take effect on the day of its publication.
Vondracek v. r.
Zeman v. r.
Babiš v. r.
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Regulation Information
| Citation | Act No. 163 / 2019 Coll., amending Act No. 361 / 2003 Coll., on the service ratio of members of the Security Corps, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 01.07.2019 |
|---|---|
| Effective from | 01.07.2019 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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