What is Act No. 200 / 1949 Coll.?

Act No. 200 / 1949 Coll., on salary ratios of members of armed corps — Law on pay ratios of members of the armed corps.

When it became Act No. 200 / 1949 Coll. effectiveness?

Act No. 200 / 1949 Coll. became effective 01.09.1949.

Is Act No. 200 / 1949 Coll. still valid?

Yes, Act No. 200 / 1949 Coll. is still valid and effective.

Act No. 200 / 1949 Coll. - Law on pay ratios of members of the arme...

200.

Law

of 13 July 1949

on the salary ratios of members of the armed corps.

The National Assembly of the Czechoslovak Republic decided on the following Act:

General provisions.

§ 1.

(1) This law applies to:

(a) military persons in active employment and military prisoners;

(b) members of the National Security Corps (SNB);

(c) members of the JSC.

(2) Military prisoners are persons who are trained or trained for the service of professional military persons or improve or train in specific sectors of military service such as eluvian, apprentices, adolescents or pupils and are not military persons.

Oddíl 1.

Military personnel in active duty, petty officers in active duty excluding non-professional officers and military inmates.

§ 2.

Opportunities.

Military personnel in active duty, petty officers in active duty excluding non-professional officers and military prisoners shall be required to:

1. natural (§ 3), which is:

(a) catering and poultry,

(b) equipment,

(c) accommodation,

2. the cash, which is:

(a) payable (in the case of military debtors), after hospital or prison allowance (§ 4),

(b) allowances (Section 5),

(c) Deputy (§ 6),

(d) economic premium and one-off remuneration (§ 7).

§ 3.

Natural essentials.

In the case of monetary compensation, natural formalities shall be provided in an area and under the conditions laid down by the Minister for Defence in agreement with the Minister for Finance.

§ 4.

Merely (allowance), hospital and prison allowance.

The size of the daily service (allowance), after the daily hospital and daily prison allowance, and the conditions for entitlement to these formalities are laid down by the Minister for Defence in agreement with the Minister for Finance.

§ 5.

Service allowances.

(1) Staff allowances may be granted to the persons referred to in Article 2 if they carry out services:

1. more difficult or associated with physical effort significantly higher than usual military service; or

2. threatening the health or safety of life.

(2) To what extent, and under what conditions, allowances may be granted, the Minister of National Defence shall determine in agreement with the Minister of Finance.

§ 6.

Deputy.

The persons referred to in Article 2 who are present at the military services of the post planned (Article 10) for professional officers or sub-officers of the profession may be awarded a proxy at the level laid down by the Government. The Government may entrust a more detailed regulation to the National Defence Minister, which shall also lay down detailed conditions for the appointment of a representative.

§ 7.

Business bonuses and one-off bonuses.

Provisions on economic premiums and one-off remuneration for professional military persons (§ 17, par. 1, par. 2 and 3) apply mutatis mutandis to persons referred to in § 2.

§ 8.

Common provisions.

(1) The method of payment (provision) and the procedure for incorrect size or payment of formalities are laid down in a regulation issued by the Ministry of Defence.

(2) The formalities of the persons referred to in Article 2 may not be confiscated or secured by execution or by a voluntary convention stopped or referred to and shall not be subject to the exception referred to in paragraph 3 to administrative haircuts.

(3) The representative is subject to administrative haircuts in respect of the State's claims arising in connection with the holding of post under Article 6.

(4) Paragraph 25 applies mutatis mutandis to the persons referred to in Paragraph 2 and their survivors.

Oddíl 2.

Military persons of the profession, members of the SNB and the JRC (members of the armed forces of the profession).

§ 9.

(1) Save as otherwise provided, the provisions of this Section shall apply to professional military persons, members of the SNB and the JRC.

(2) Military professional persons are petty officers of the professional army and officers of the professional army.

(3) The members of the SNB and the JRC are officers and officers of the SNB and the JRC; The rank shall be determined by the relevant organisational rules.

(4) For the purposes of this Act, the competent minister shall determine the different fields of service; all persons intended for the provision of homogeneous or similar services belong to the same profession.

§ 10.

Business planning.

(1) A plan for posts means the establishment of the number of posts per armed corps, departments and rank. The plan also provides for separate posts (§ 15 (1)).

(2) The Staff Regulations shall be drawn up by the Minister responsible.

(3) The government, acting on a proposal from the Minister responsible, approves the total number of scheduled posts.

§ 11.

Admission and promotion.

(1) Admission to service shall be permitted only to a vacant post.

(2) A higher rank may be promoted,

(a) if, in the relevant field of service, the post planned is available at least in the rank to which the promotion is to take place,

(b) if the conditions laid down for promotion by the relevant Staff Regulations are fulfilled; and

(c) if the person to be promoted or if, after the promotion, he holds a post in the relevant field of service planned at least in the rank to be promoted.

§ 12.

Service income.

Staff revenue shall comprise:

(a) basic salary (Section 13);

(b) functional addition (Section 15);

(c) the service allowance (Section 16);

(d) higher performance fees (§ 17);

(e) in kind (§ 18 to 22),

(f) remuneration for secondary activities in the public service (§ 23).

Basic salary.

§ 13.

(1) The basic salary is payable unless the Government (§ 14 (1) (d)) or special provisions (§ 14 (2)) provides otherwise for all members of the armed professional corps for the duration of the service.

(2) The basic salary is composed of:

(a) the basic amount for each rank (value basis),

(b) an increase in the value base according to deductible service hours (increase in service of years).

(3) The size of the value base and the way in which it is increased for years shall be determined by the government.

§ 14.

(1) The Government provides:

(a) which periods of service and other previous periods, to what extent and under which conditions they are eligible for an increase in service of years;

(b) the beginning of the advance periods for increases in service of years;

(c) in which cases the decision to increase in service of years shall be postponed;

(d) in which cases and for what period the basic salary is not eligible for either at all or in part.

(2) The special provisions lay down whether and where the basic salary is due in the performance of the parliamentary mandate, other public functions or functions in a single trade union organisation.

§ 15.

Functional addition.

(1) The functional allowance belongs to members of the armed corps of the profession established at the post to be designated as post office. The positions shall be determined by the competent minister in accordance with the principles laid down by the Government.

(2) The functional allowances shall be graduated according to the value of the functions to the functional stages established for each armed corps. The Government shall determine the number of functional degrees, the amount of allowances for each stage and the principles under which the competent minister shall carry out the inclusion of each function post in the functional degrees.

(3) Only one functional addition may be connected to one post. If the same person holds multiple functional posts, he or she shall be entitled only to a functional allowance corresponding to a functional post evaluated by the highest functional degree.

(4) The functional allowance is only valid for the actual duration of the duties. Exemptions are set by the government.

§ 16.

Service allowance.

(1) The service allowance shall be granted at the level and under the conditions laid down by the Government to members of the armed professional corps who, by virtue of their nature, lay down exceptional requirements on them, unless such requirements have already been taken into account when determining the level of the functional allowance.

(2) Paragraph 15 (4) applies mutatis mutandis.

§ 17.

Rewards for higher performance.

(1) Members of the armed professional corps shall be granted:

1. performance fees for the performance of the service seem above average,

2. the economic premium for improving the economic performance of the service, achieved in particular by savings in material consumption, energy savings, organisational or technical changes and savings in personal costs;

3. one-off remuneration

(a) the timely and successful elimination of one-off extraordinary work of greater magnitude and importance, carried out in addition to the usual performance of the service;

(b) beneficial inventions and discoveries,

(c) improvement proposals, the implementation of which has been improved or streamlined in the relevant field of service;

(d) exceptional performance which has been averted or significantly mitigated by significant damage;

(e) other exceptional and significant service benefits.

(2) A more detailed directive on the provision of higher performance remuneration is issued by the competent minister in agreement with the Minister for Finance.

Natural income.

§ 18.

In-kind income shall be considered to be benefits in kind provided with regard to the service relationship, in particular equipment (service clothing), service apartment, heating and light, food, agricultural or other products and land use.

§ 19.

Device.

The Minister responsible shall determine in an agreement with the Minister of Finance the extent to which (in cash, actual delivery) and under which conditions the administration will contribute to the acquisition and maintenance of the equipment (service clothing).

§ 20.

Accommodation.

(1) Petty officers of the army of the profession and of the guards of the SNB and of the JRC, if they are required to reside in military buildings (in the National Security Corps or judicial units), shall be entitled to free natural accommodation within the limits laid down by the relevant regulations. The Minister responsible shall determine in agreement with the Minister of Finance the amount of compensation which is due to such persons, unless they are granted in kind accommodation or other exceptional reasons for granting compensation.

(2) The Minister responsible shall determine in an agreement with the Minister of Finance whether, to what extent and under what conditions the officers of the professional army, the members of the SNB and the JRC belong to, or replace, the service apartments.

§ 21.

Meal and corn.

(1) In the case of non-officers of the professional army, catering in kind shall be subject to compensation of the amount determined in accordance with the applicable official regulations for food preparation measures for the military service to which they are assigned and to the extent and under the conditions laid down in Section 3.

(2) The Minister responsible shall determine when the SNB (§ 32) and the SVS (§ 33) guards are to be entitled to board in kind and pullet according to paragraph 1.

(3) The Minister responsible shall, in agreement with the Minister of Finance, determine whether, to what extent and under what conditions, the members of the armed professional corps are entitled, in special circumstances, free of charge in the form of meals and pullets.

§ 22.

(1) Other revenue in kind may be provided in accordance with regulations issued by the competent minister in agreement with the Minister of Finance, provided that it is a service reward which would otherwise justify the provision of functional or service allowances or higher performance remuneration, if more effective than the provision of such allowances or remuneration.

(2) Where the presumption referred to in paragraph 1 is not fulfilled, benefits in kind may be granted only for compensation corresponding to their general price. The general price of these transactions is considered to be their value determined in accordance with the National Insurance Regulations (§ 20, paragraph 8 of the Act of 15 April 1948, No 99 Coll., on National Insurance), unless the Ministry of Finance provides otherwise by decree in the Official Journal in agreement with the Ministry of Labour and Social Welfare and the State Office of Planning.

§ 23.

Remuneration for secondary activities in the public service.

The remuneration for the ancillary activity in the public service is to the extent and under the conditions applicable to other civil servants.

Oddíl 3.

Social benefits.

§ 24.

Educational.

(1) Members of the armed professional corps who take care or are obliged to take care of dependent children residing in the territory of the Czechoslovak Republic shall be entitled, if appropriate, to receive an education fee equal to and under the conditions laid down in Sections 3 and 4 of the Act of 23 March 1949, No. 90 Coll., on family allowances. Paragraph 7, 8 and 17, paragraphs 1 and 2 and § 19, paragraphs 1 and 3 of that Law apply mutatis mutandis, in the cases referred to in Paragraph 19, paragraph 3, the necessary measures are taken by the Ministry in agreement with the Ministry of Finance and Labour and Social Welfare.

(2) It is the duty of education

(a) for the period during which the basic salary is payable,

(b) for the period referred to in § 2, paragraph 3 of Act No. 90 / 1949 Coll.

(3) Education under this Act does not belong to children who are entitled to education under other regulations, in particular national insurance regulations.

(4) Entitlement to education and to any circumstance affecting the duration of the entitlement or the amount of the education allowance must be declared in due time by the creditor and must demonstrate any conditions of entitlement. The first sentence of Act No. 90 / 1949 Coll. Repayment of overpayments will be decided by the competent authority (§ 42). Overpayments may be deducted from the income of the same beneficiary and, if the beneficiary is a member of the armed professional corps, from his or her professional income at the next salary. Otherwise, overpayments shall be enforced by judicial execution on the basis of an assessment of the competent authority; the area is enforceable if 15 days have elapsed since its delivery. The enforcement clause shall be attached by the competent authority. The competent enforcement court shall be called upon to authorise and execute the execution.

§ 25.

Other doses.

The Government may, on a case-by-case basis or in general, authorise other social benefits, in particular support benefits for members of the armed professional corps affected by disasters and for survivors of members of the armed professional corps, and issue directives on the provision of such benefits.

Oddíl 4.

Common provisions concerning Sections 2 and 3.

§ 26.

Revenue from the service.

(1) Revenue from the service shall mean the service income referred to in Section 2 and the social benefits referred to in Section 3.

(2) If this law does not do so, the Government shall lay down the conditions:

(a) the establishment and termination of entitlement to service income;

(b) changes in the statement of revenue from the service;

(c) the payment (provision) of revenue from service;

(d) the provision of advances on basic salary.

§ 27.

Execution for income from the service.

(1) The provisions of the Act of 5 March 1947, No 47 Coll., on the execution of work income and similar income (Law on the execution of salaries) apply; the remuneration for extraordinary performance within the meaning of Section 4, No 1 of that Act is considered to be higher performance (Section 17).

(2) The Government sets out which service allowances are considered to be hazardous pursuant to § 4, No 4 of Act No. 47 / 1947 Coll.

(3) Natural income pursuant to § 19 to 21 cannot be confiscated or secured by execution or by a voluntary convention suspended or transferred.

§ 28.

Administrative precipitation.

The State's claims arising from or taking into account the service may be reimbursed by administrative deductions from the service income, regardless of the provisions of Section 27. Such claims shall be paid in preference to all other and previously recorded claims excluding maintenance claims. More detailed regulations shall be issued by the competent minister in agreement with the Minister of Finance.

Oddíl 5.

§ 29.

Military officers and sub-officers and members of the SNB and JRC in retired capacity.

Military officers and sub-officers, and members of the SNB and JRC in retirement, may, at a time when exceptional measures are not imposed under the Law of Defense, be temporarily called to active duty at a vacant post. For the duration of this service, they shall be paid an additional remuneration equal to the difference between the retirement pay and the service income which they would receive as members of the armed professional corps.

§ 30.

Military officers outside active duty and in the next duty and basic duty officers.

(1) The Government shall determine the service revenue, the size and conditions of the officers of the army:

(a) outside an active service called for active service;

(b) in another service,

(c) basic services.

(2) The Government may entrust a more detailed regulation to the Minister for National Defence.

§ 31.

Frekventants of military academies for the education of professional officers.

The Minister responsible shall, in agreement with the Minister of Finance, determine the formalities, after service revenue and under which conditions they belong to military persons, members of the SNB or the JRC, if they are subject to the frequency of military academies for the education of professional officers.

Oddíl 6.

Special provisions on members of the SNB and the JRC.

§ 32.

Measures on gayists outside SNB service classes.

(1) The former gayists outside the SNB's service classes are designated as guardians of the National Security Corps ("SNB's guardians").

(2) The SNB's guardians are

(a) guards,

(b) Staff Officers,

(c) Chief Guard.

(3) The members of the SNB shall be assessed as guardians for the purposes of this Act.

(4) The Minister of the Interior shall implement the inclusion of the SNB's existing enablers in the ranks referred to in paragraph 2.

Measures concerning members of the JRC.

§ 33.

(1) The former guards of the prison guards outside the service classes shall be referred to as the guardians of the JRC.

(2) The JRC's guardians are