Decree No. 238 / 1946 Coll.
Regulation implementing certain provisions of the Leverage Act
Valid
Effective from 28.12.1946
238.
Government Regulation
of 12 November 1946
implementing certain provisions of the Act on the placement of longest-serving persons.
The Government of the Czechoslovak Republic hereby orders pursuant to Sections 7, 3 and 4 and Sections 12 and 18 of the Act of 8 April 1927, No. 54 of the Coll., on the placement of serving petty officers, as amended by the Act of 18 May 1938, No. 118 of the Coll.:
Provisions on the evaluation of the service of the longer-serving.
(1) The time spent in the long-serving property (hereinafter referred to as the next active service) shall be evaluated to the extent specified in paragraph 2.
(a) as a period actually spent in the characteristics of the assistant founder (employee), which is prescribed by the applicable provisions for the provisions of the establishment or sub-official;
(b) as a period actually spent in the characteristics of an office assistant, which is prescribed under Paragraph 27 (2) of the Decree of 7 July 1926, No 113 Coll., on the adjustment of the service and pay ratios of civil servants in the auxiliary office service, as a condition for the provision of an office official,
(c) as the period actually spent in the characteristics of the office official, which is prescribed in accordance with § 7, § 7 of the Law of 24 June 1926, No 103 Coll., on the adjustment of the pay and certain service conditions of civil servants (the salary law), as a condition for the provision of an office official,
(d) as a waiting period, which is prescribed under § 7, § 5 of the Law of Payment for a provision by an official or pursuant to § 25, § 4 of that Act for a provision by an administrator.
(2) The periods referred to in paragraph 1 (a) to (c) are forgiven if the duration of the next active service is equal to its length, otherwise the additional active service is reduced. The waiting period is shortened by the length of another active service, but not by less than one year.
(3) A further active service shall also be taken into account as a period of service actually spent wherever the length of service allowance is as a period of service actually spent on the condition for the acquisition of certain rights or rights.
An additional active service shall be counted in full until the period applicable for determining the seniority in the lowest salary scale specified for the category concerned, excluding the part of the additional active service equal to the time by which the staff member has previously been designated by assessing the additional active service in that category.
The provisions of paragraphs 1, 3 and 2 shall also apply to the service conditions of military gasists and gasists of the National Security Corps outside the service classes, as well as to similar service conditions of other gasists outside the service classes; an additional active service shall be assessed mutatis mutandis in accordance with the provisions of Sections 1, 1, (d) and 2 as a waiting period or as a period in another mandatory prior service relationship, provided that such period is prescribed for the provisions in those service arrangements.
(1) Paragraph 1, 2 and 3 shall apply mutatis mutandis to all other conditions of service which are governed by the provisions laid down in Article 210 (1) of the Staff Act and which are equivalent to those laid down above and to similar conditions of service of employees of public corporations and institutions covered by Section 212 of the Staff Act.
(2) For service relationships other than those covered by the previous provisions, in particular those referred to in § 2, § 2, § III of Act No. 54 / 1927 Coll., as amended by Act No. 118 / 1938 Coll., in which the servants have been extended, or in the latter's circumstances, the provisions concerning the assessment of the further active service shall apply mutatis mutandis as regards the establishment of a salary classification, the right to pay (salary) at the time of illness, the period of leave and notice.
(1) The provisions of § § 1 to 4 on the assessment of other active services apply to the service providers who, irrespective of whether they have complied with the condition of § 6, § 2, point (b) of Act No. 54 / 1927 Coll. as amended by Act No. 118 / 1938 Coll., have been or will be placed in the post referred to in § 2, § 2, § I and II of that Act, including in the field of military administration, as well as those who were or will be placed under the agreements of the Ministry of National Defence with individual ministries.
(2) An evaluation of the additional active service under the previous provisions of Sections 1 to 4 shall be carried out in the service relationship in which the servants have been appointed until the date of publication of this Regulation, on that date and in the case of those who will be designated at a later date of the provision.
Other implementing and final provisions.
A vacation to practice.
The Ministry of National Defence may grant a reasonable period of leave for the duration of a previous preparatory practice if it is prescribed for the post for which the grant is made, either without pay or with full formalities, up to six months, after a full-time supplement, if the salary is payable for the duration of the practice; paid leave may be granted only once.
(1) At the same time as this Regulation, all the provisions of Act No. 54 / 1927 Coll., as amended by Act No. 118 / 1938 Coll., excluding the provisions of Sections 8, 9 and 14, become effective.
(2) The Government Decree of 23 March 1934, No 58 Coll., on the netting of another active service, which is spent in the ratio of length of service to increase the daily salary, is repealed.
This Regulation shall enter into force on the day of its publication; All members of the government will do it.
Gottwald v. r.
Dr Zenkl v. r.
Dr Šrámek v. r.
Ursines v. r.
Fierlinger v. r.,
also on behalf of Minister Masaryk and Secretary of State Dr. Clementis
Broad v. r.
Maj-Gen Svoboda v. r.
Dr. Ripka v. r.
Nosek v. r.
Dr Dolansky v. r.
Dr Stránská v. r.
Dr Drtina v. r.
Kopecký v. r.
Laušman v. r.
Děuriš v. r.
Wasted v. r.
Dr Pietor v. r.
Ing. Kopecký v. r.
Hala v. r.
Dr. Unedible v. r.
Dr Procházka v. r.
Majer v. r.
Dr Franek v. r.
Lichner v. r.
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Regulation Information
| Citation | Decree of the Government No. 238 / 1946 Coll., implementing certain provisions of the Law on the Placement of Longer Servants |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 28.12.1946 |
|---|---|
| Effective from | 28.12.1946 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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