Act No. 18 / 1992 Coll.
Civil Service Act
Valid
Effective from 16.01.1992
18
THE LAW
of 12 December 1991
on civil service
The Federal Assembly of the Czech and Slovak Federal Republic decided on this law:
Preliminary provisions
(1) A civil service is a service which a citizen is obliged to perform under this law if, for reasons of conscience or religion (2), he refuses to perform a military basic service or military training.3)
(2) A citizen carries out a civil service in the form of ancillary activities in the organisations of the State, municipalities and non-profit non-governmental legal entities (hereinafter referred to as "organisations"), in particular in health, social services, environmental protection, the management of the consequences of natural disasters and other beneficial activities.
(3) The civil service for payment4) is half as long as the military basic (spare) service 5) and half as long as the military exercises are carried out. 6)
(4) The Government of the Czech and Slovak Federal Republic may shorten the duration of civil service by regulation.
(5) The exercise of civil service shall not confer unjustified advantages on the citizen who carries out it against those citizens who carry out a military basic service or military exercises.
Procedure for refusing military service
(1) A declaration of refusal to exercise a military essential service (replacement) or military exercise (hereinafter referred to as the "declaration") for the reasons set out in Paragraph 1 (1) may only be made in writing:
(a) the consignee no later than 30 days after the end of the withdrawal procedure, 7)
(b) the transferee who has been authorised to postpone the military basic service no later than 5 days after the end of the reason for which the postponement was granted;
(c) a soldier to whom the essential service has been interrupted no later than 5 days after the end of the reason for the interruption;
(d) soldier in reserve (8) up to 31 January of the calendar year.
(3) The statement must state the reasons and facts by which the citizen wishes to substantiate his claim.
(4) The declaration shall be made by the citizen of the regional military administration according to his permanent residence (hereinafter referred to as the "competent military administration ').
(5) If the declaration of status referred to in paragraphs 1 and 3 is complied with, it shall be forwarded by the competent military administration within 5 days of service to the Office provided for by the Decree of the Government of the Czech Republic or the Government of the Slovak Republic (hereinafter referred to as the competent authority).
(6) The citizen may withdraw the declaration until the date of service of the call for civil service, by written submission to the competent military authority. The appeal shall be subject to the consent of the competent military administration. The declaration may be withdrawn only once.
(7) The relevant military administration shall inform the citizen and the competent authority within 30 days of the decision to withdraw the declaration. No appeal is admissible against the decision of the relevant military administration.
(8) The competent authority shall inform the relevant military administration of the date of entry into civil service of the citizen.
(9) The competent military administration shall issue to the citizen a certificate of termination of the military obligation (9) on the date of its entry into service or on the date of discharge of civil service or on the date of remission of civil service, and shall inform the competent authority thereof.
Occupation, boarding and performance of civil service
Civil service occupation
(1) Citizens who are obliged to carry out a civil service may be engaged in that service at the earliest after 18 years of age. The obligation to perform a civil service instead of a military basic (replacement) service shall continue until 31 December of the year in which the citizen reaches 38 years of age; the obligation to carry out civil service instead of military exercises shall continue until 31 December of the year in which the citizen reaches 60 years of age.
(2) Citizens who are to carry out a civil service are obliged to comply with a call order, to appear at a designated place within the designated organisation within a specified time limit and to perform properly the tasks associated with the service.
(3) The call for service shall be issued by the competent authority, as a rule within 2 years of the declaration. No appeal is admissible against the summons.
(4) The obligation of a citizen to enter and perform a civil service in a competent organisation shall arise on the date on which the competent authority has assigned a citizen's call for service in that organisation and shall expire on the date specified in the decision of the competent authority to terminate that secondment.
(5) The day on which a citizen enters the civil service begins the period of continuous duration of that service, unless it is interrupted in accordance with Section 4.
(6) The citizen is entitled to reimbursement of the fare on taking up and leaving the service. The replacement shall be provided by the organisation in which the service will or has been performed.
Suspension, interruption, discharge and remission of civil service and transfer to another organisation
(1) Citizens may, at their request, on grounds of health, family, social and other special consideration, be permitted to delay or interrupt the performance of civil service.
(2) The competent authority may, at the request of the organisation, postpone, suspend, or, where appropriate, transfer the citizen to another organisation for the performance of the civil service, on grounds which are appropriate to the civil service.
(3) The performance of the civil service shall be postponed or, where appropriate, interrupted for the duration of the detention or the execution of the prison sentence.
(4) The competent authority shall authorise the postponement or interruption of the civil service so that the citizen takes up his or her duties no later than the year in which he or she reaches 25 years of age and, if he or she is a student, after the completion of his or her studies, but no later than the year in which he or she reaches 30 years of age, if the obligation to pursue him / her is not later.
(5) The competent authority shall exempt a citizen from civil service if he has become permanently incapacitated for health reasons.
(6) Citizens who have not joined a civil service replacing a military basic service by 31 December of the year in which they reached 30 years of age, may be forgiven by the competent authority for carrying out the civil service.
(7) Members of the legislature shall be suspended or suspended for as long as they are members of the legislature.
(8) For officials of political parties and political movements and for candidates for Members of the legislative bodies, entry into civil service shall be postponed or, where appropriate, the performance of that service shall be suspended for the duration of the election campaign until the end of the elections.
(9) The trade union officials shall be postponed for the duration of the strike or strike alert.
(10) Citizens obliged to carry out a civil service who are resident abroad shall not be called for civil service during their stay abroad. However, they are obliged to carry it out after returning from abroad.
Rights and obligations of a citizen in the performance of civil service
(1) The exercise of the rights and freedoms of citizens performing civil service guaranteed by the Charter of Fundamental Rights and Freedoms (2) may be restricted by law only in cases of the Charter of Fundamental Rights and Freedoms referred to.
(2) A citizen is required to carry out all activities in person in accordance with this Act under the instructions of the organisation, unless they are unsuitable for him due to his health and physical abilities.
(3) A citizen may leave the municipality where he or she carries out the civil service only with the agreement of the head of the organisation or its statutory representative.
(4) A civil servant may not be employed or a member of the authorities of companies carrying out business.
(5) The provisions of the Labour Code on the basic obligations of employees shall apply mutatis mutandis to the obligations of the citizen arising from the performance of the activities referred to in paragraph 2. 10)
(6) Self-employed persons shall, in the performance of their civil service, be compensated for income on the same terms and conditions and to the same extent as those provided to them in the service of the armed forces. 25)
Consequences of a violation of civil service obligations
(1) In the event of a serious or repeated breach of civil service obligations for a citizen, the Head of Organisation may propose to the competent authority to extend the duration of the civil service. The competent authority may extend the duration of the civil service both repeatedly and by a maximum of 14 days.
(2) In the event that a citizen is not present in the civil service, the competent authority shall extend the duration of the civil service by such a missed period.
(3) A citizen may appeal against decisions of the Office under paragraphs 1 and 2.
(4) The Office of Appeal may, at the request of a citizen, waive the obligation to carry out the extended duration of the civil service decided pursuant to paragraphs 1 and 2.
(5) The provision of the preceding paragraphs is without prejudice to liability for offences under other legislation. 11)
Obligations of the organisation
(1) An organisation in which a civil service is carried out is required to provide a citizen with this service in charge of free accommodation, to provide him with free working clothes, a diet of at least three times a day equivalent to the basic service standard of the basic service of the soldier and a service equal to the service of the general service. The organisation shall also provide the citizen with an adequate allowance for clothing.
(2) If a citizen performing a civil service complying with free accommodation or meals offered by the organisation refuses, he shall not be entitled to compensation.
(3) If the organisation is unable to provide for free accommodation or meals, it shall pay the citizen who carries out the civil service with him, the actual costs incurred for him (12), or provide him with a fixed lump sum.
(4) If a citizen makes use of the possibility of staying in an apartment with a close person, he is not entitled to reimbursement of accommodation costs.
(5) If, in the course of work, the worker is entitled to pay in accordance with the wage regulations, the allowance for work in difficult conditions or in a disabled environment, or if, for that reason, the worker is entitled to additional leave, the organisation shall be obliged to grant such additional or additional leave under the same conditions as the civil service citizen.
Duration of the activity and standby
(1) The Head of Organisation may order a citizen to be on call; a continuous rest period as referred to in paragraph 2 shall be maintained for the citizen.
(2) The actual duration of the activity and the time of the duty call shall constitute a shift of duty. A citizen shall be entitled to continuous rest between two shifts of service of at least 8 hours and once a week to continuous rest of at least 24 hours.
(3) The actual pursuit of civil service activities shall not exceed the weekly working hours laid down in the labour law for similar work; the actual performance of the activity shall not include the time of the service emergency.
Regular and special leave
(1) Proper leave shall be granted to citizens in the civil service to the extent appropriate for a soldier in the basic service. Citizens performing civil service instead of military trains6) are not entitled to a proper holiday at that time.
(2) The head of the organisation shall determine the onset of proper leave. 13)
(3) The head of the organisation may grant a civil service citizen special leave for reasons and to the extent that they correspond to the special leave granted to soldiers in the basic (replacement) service.
Transitional, common and final provisions
Transitional provisions
(1) The length of civil service for citizens who, prior to the application of this Act, refused military active service pursuant to § 2 (1) of Act No. 73 / 1990 Coll., on civil service, 4) is half as long as military basic (replacement) services5) and half as long as military exercises are not carried out. 6)
(2) The transferee or soldier in the essential service whose proceedings have been completed before 16 January 1992 may lodge a declaration in writing, for the reasons set out in Paragraph 1 (1), before 1 July 1993.
(1) The Minister of Defence of the Czech and Slovak Federal Republic may release from the army persons who, prior to the application of Act No. 73 / 1990 Coll., have been convicted of civil service, under the authority of the Minister of Defence, for refusing the exercise of a military essential service or military exercises motivated by reasons of conscience or religion.
(2) The competent authority may waive the performance of the civil service to persons who, before the application of Act No. 73 / 1990 Coll., have been convicted of civil service by a final judgment for refusing the exercise of a military essential service or military exercise motivated by reasons of conscience or religion.
Provisions common and final
In the state's armed alert 14) citizens cannot make declarations.
In proceedings under this law, the competent authorities shall proceed in accordance with the general rules of administrative procedure, 15) unless otherwise provided for in this law.
(1) Details of the performance of the civil service are laid down by the Government of the Czech Republic and the Government of the Slovak Republic by regulation.
(2) The responsibility of a civil service citizen for damage caused by an organisation and the responsibility of an organisation for damage caused to a civil service citizen is adequately governed by special legislation, 16) which regulates liability for damage caused by a soldier in a basic service and by the state.
Paragraphs 1 to 11 and paragraphs 16 to 19 of Act No. 73 / 1990 Coll., on Civil Service, are deleted.
This Act shall take effect on the day of its publication.
Havel v. r.
Dubček v. r.
CHF
1) Paragraph 20 (1) of Act No. 92 / 1949 Coll., Defense Act, as amended.
2) Constitutional Act No. 23 / 1991 Coll., introducing the Charter of Fundamental Rights and Freedoms as the Constitutional Act of the Federal Assembly of the Czech and Slovak Federal Republic.
3) Paragraph 20 (2) (a), (b), (f) of the Brandenary Act.
4) Article 21 of the Defence Act.
5) § 27 (2) of the Brandenary Act, § 1 (a) of the Decree of the Government of the Czech and Slovak Federal Republic No. 230 / 1990 Coll., amending and supplementing the Decree of the Government of the Czechoslovak Socialist Republic No. 17 / 1990 Coll., amending the duration of the basic military service.
6) Article 39 of the Law of the Defence.
7) Section I of Decree-Law No 21 / 1958 Coll., implementing the Law of Defence.
8) § 38 of Decree-Law No 21 / 1958 Coll.
9) Paragraph 4 (2) of Act No. 218 / 1999 Coll., on the scope of the defence obligation and on the military administrative offices (Defence Act).
10) § 73 of the Labour Code.
11) § 272a to 272d of Act No. 175 / 1990 Coll., amending and supplementing the criminal law.
12) Meal costs of at least three times a day in the value of a soldier's basic service standard, the same applies to accommodation costs.
13) Article 108 of the Labour Code.
14) § 47 to 49 of the Law of Defence.
15) Act No. 71 / 1967 Coll., on Administrative Procedure (Administrative Regulations).
16) Act No. 220 / 1999 Coll., on the course of basic or replacement service and military exercises and on certain legal ratios of soldiers in reserve.
25) § 56a of Act No. 92 / 1949 Coll., Defense Act, as amended by Act No. 118 / 1995 Coll.
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Regulation Information
| Citation | Act No. 18 / 1992 Coll., on Civil Service |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 16.01.1992 |
|---|---|
| Effective from | 16.01.1992 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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